City Council AAAGGGEEENNNDDDAAA Monday, September 12, 2016 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 AUGUST 22, 2016.

2. APPROVE MINUTES FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016.

3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 15, 2016.

4. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF AUGUST 4, 2016.

5. CONSIDER EXTENSION OF SUP-04-15-06, A SPECIAL USE PERMIT REVIEW FOR NALLIA SCHOOL OF DANCE TO OPERATE A DANCE STUDIO IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT LOCATED AT 15331 W. 67TH STREET.

At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included.

Consider approving the extension of SUP-04-15-06. PAGES 1 - 4

6. CONSIDER EXTENSION OF SUP-07-15-07, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BURLINGTON NORTHERN SANTA FE RAILROAD FOR A 160-FOOT LATTICE TELECOMMUNICATIONS TOWER GENERALLY LOCATED IN THE VICINITY OF THE 7200 BLOCK OF MARTINDALE ROAD. Page 2 City Council 09/12/2016

At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included.

Consider approving the extension of SUP-07-15-07. PAGES 5 - 10

7. CONSIDER EXTENSION OF SUP-03-11-08, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO CAROL KIEFFABER TO OPERATE A DAYCARE WITH UP TO TEN CHILDREN AS A HOME OCCUPATION IN THE PLANNED SINGLE FAMILY ZONING DISTRICT LOCATED AT 22021 W 51ST STREET.

At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body approve extension of the special use permit subject to the conditions listed in the staff report. A memo and staff report are included.

Consider approving the extension of SUP-03-11-08. PAGES 11 - 18

8. CONSIDER WITHDRAWAL OF SUP-08-15-08, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO REGGIE JONES TO ALLOW OPERATION OF AN AUTO BROKERAGE WITH ZERO INVENTORY IN THE COMMERCIAL HIGHWAY ZONING DISTRICT LOCATED AT 12694 SHAWNEE MISSION PARKWAY.

At their August 15, 2016 meeting, the Planning Commission voted 7-0 to recommend that the Governing Body accept the withdrawal of the special use permit. The business is no longer in operation. A memo and staff report are included.

Consider accepting the withdrawal of SUP-04-15-06. PAGES 19 - 22

9. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-15-16-09, A FINAL PLAT OF STAG'S CREEK, A THREE-LOT COMMERCIAL DEVELOPMENT, LOCATED AT 10816 SHAWNEE MISSION PARKWAY.

At their September 7, 2016 meeting, the Planning Commission recommended 10-0 that the Governing Body accept the dedications of land, or an interest therein, for public purposes contained in FP-15-16-09. A memo and staff report are included.

Consider acceptance of dedications of land, or an interest therein, for public purposes contained in FP-15-16-09. PAGES 23 - 38

D. MAYOR'S ITEMS Page 3 City Council 09/12/2016

1. THE MAYOR MAY PRESENT ITEMS FOR CONSIDERATION.

E. APPOINTMENTS

1. CONSIDER APPOINTMENTS TO THE PARKS AND RECREATION ADVISORY BOARD.

DISCUSSION: Mayor Distler is recommending the appointment of Brian Bolen as the At-Large representative and Councilmember Kenig is recommending the appointment of Kevin Makalous as the Ward IV representative. A memo and resumes are included. PAGES 39 - 42

ACTION: a) Consider appointing Brian Bolen to the Parks and Recreation Advisory Board with a term expiring December 31, 2017.

b) Consider appointing Kevin Makalous to the Parks and Recreation Advisory Board with a term expiring December 31, 2017.

COMMENTS: ______

______

______

F. BUSINESS FROM THE FLOOR

a) ______

______

b) ______

______

G. PUBLIC ITEMS

1. CONSIDER A CEREAL MALT BEVERAGE LICENSE FOR THE OTHER PLACE LOCATED AT 22730 MIDLAND DRIVE.

DISCUSSION: The Other Place has submitted an application for the sale of cereal malt beverages for consumption on the premises at 22730 Midland Drive. A Page 4 City Council 09/12/2016

memo is included. PAGES 43 - 44

ACTION: Consider approving license the through December 31, 2016.

COMMENTS: ______

______

______

2. CONSIDER A SHAWNEE ENTREPRENEURIAL AND ECONOMIC DEVELOPMENT (SEED) AGREEMENT WITH SS&C SOLUTIONS, INC.

DISCUSSION: Policy Statement, PS-65, Economic Development Fund, established the SEED Program. SS&C Solutions, Inc., a certified public accounting firm is considering leasing office space at 7225 Renner Road and has formally requested consideration for the Forgivable Loan Program. A memo and draft agreement are included. PAGES 45 - 56

ACTION: Consider approving and authorizing the Mayor to sign the Shawnee Entrepreneurial and Economic Development Agreement with SS&C Solutions, Inc. in the amount of $38,710.

COMMENTS: ______

______

______

H. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016 CHAIRED BY COUNCILMEMBER MEYER

1. CONSIDER THE NIEMAN ROAD RIGHT-OF-WAY REALLOCATION PLAN REPORT, P.N. 3411.

DISCUSSION: The Council Committee recommended 8-0 to forward to the Governing Body for acceptance the Nieman Road Right-of-Way Reallocation Plan report; 5-3 to not proceed with temporary striping plan for three lanes; and 8-0 to direct staff to proceed with the preparation of a final scope of work for construction of a three lane roadway section with a side path on the east side of Nieman. Page 5 City Council 09/12/2016

A memo and supporting documents are included. PAGES 57 - 74

ACTION: a) Consider accepting the Nieman Road Right-of-Way Reallocation Plan Report;

b) Consider not proceeding with temporary restriping of Nieman Road; and

c) Consider directing staff to proceed with preparation of a final scope of work for construction of a three lane roadway section, with a side path on the east side of Nieman.

COMMENTS: ______

______

______

2. CONSIDER THE SHAWNEE TOWN 1929 STRATEGIC PLAN 2015-2025.

DISCUSSION: The Council Committee recommended 8-0 to forward to the Governing Body for approval the Shawnee Town 1929 Strategic Plan 2015-2025. A memo and supporting documents are included. PAGES 75 - 96

ACTION: Consider approving the Shawnee Town 1929 Strategic Plan.

COMMENTS: ______

______

______

I. STAFF ITEMS

1. CONSIDER AN ORDINANCE AND A RESOLUTION APPROVING PUBLIC IMPROVEMENTS TO INCLUDE STORMWATER DRAINAGE IMPROVEMENTS, STREET IMPROVEMENTS AND A NEW FIRE STATION.

DISCUSSION: The City has planned to design and construct several stormwater drainage improvements, street improvements, and to design, construct and equip a new fire station. An Ordinance and Resolution are required in order to issue Page 6 City Council 09/12/2016

general obligation bonds in the future. A memo, draft Ordinance and Resolution are included. PAGES 97 - 104

ACTION: a) Pass an Ordinance authorizing and approving certain public improvements. If approved, an Ordinance Number will be assigned.

b) Adopt a Resolution authorizing and approving certain public improvements. If approved, a Resolution Number will be assigned.

COMMENTS: ______

______

______

2. CONSIDER A REAL ESTATE AGREEMENT WITH SHAWNEE PROPERTIES, LLC FOR THE PURCHASE OF THE TWO LOTS ASSOCIATED WITH 6115 NIEMAN ROAD RELATED TO NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS, P.N. 3400, SMP TC-021-072.

DISCUSSION: The Nieman Road Corridor Middle Storm Drainage Improvements project is on the 2016 Capital Improvement Plan. The project as budgeted includes the buy-out of two lots associated with 6115 Nieman Road for a cost of $334,700. A memo and copy of the contract is included. PAGES 105 - 118

ACTION: Consider approving the Real Estate Agreement with Shawnee Properties, LLC for the purchase of the two lots associated with 6115 Nieman Road in the amount of $334,700 and authorize the Mayor to sign the agreement on behalf of the City.

COMMENTS: ______

______

______

3. CONSIDER A REAL ESTATE AGREEMENT WITH NIEMAN PROPERTY, LLC FOR THE PURCHASE OF PROPERTY LOCATED AT 6009 ROGER ROAD RELATED TO NIEMAN ROAD CORRIDOR MIDDLE STORM DRAINAGE IMPROVEMENTS, P.N. 3424, SMP TC-021-073. Page 7 City Council 09/12/2016

DISCUSSION: The Nieman Road Corridor Middle Storm Drainage Improvements project is on the proposed 2017 Capital Improvement Plan. The project as budgeted includes realignment of Roger Road with W. 61st Street at Nieman Road, which requires the buy-out of the house at 6009 Rogers Road for a cost of $105,000. A memo and copy of the contract is included. PAGES 119 - 130

ACTION: Consider approving the Real Estate Agreement with Nieman Property, LLC for the purchase of 6009 Roger Road in the amount of $105,000 and authorizing the Mayor to sign the agreement on behalf of the City.

COMMENTS: ______

______

______

4. CONSIDER REVISIONS TO POLICY STATEMENT, PS-49, CEMETERY ADMINISTRATION.

DISCUSSION: Policy Statement, PS-49, Cemetery Administration, was last revised in 2013. On September 1, 2016, the Parks and Recreation Advisory Board recommended revisions to PS-49 to allow for a payment plan for grave/niche spaces. A memo and draft revisions are included. PAGES 131 - 140

ACTION: Consider approving revisions to Policy Statement, PS-49, Cemetery Administration.

COMMENTS: ______

______

______

J. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR SEPTEMBER 12, 2016 IN THE AMOUNT OF $2,929,511.90.

COMMENTS: ______Page 8 City Council 09/12/2016

______

______

2. CONSIDER CANCELLATION OF THE DECEMBER 27, 2016 CITY COUNCIL MEETING.

COMMENTS: ______

______

______

3. MISCELLANEOUS COUNCIL ITEMS.

COMMENTS: ______

______

______

K. ADJOURNMENT

Journal 75, Volume 15-2016, Page 1 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES August 22, 2016 7:30 P.M.

Michelle Distler - Mayor

Councilmembers Present Staff Present Councilmember Pflumm City Manager Gonzales Councilmember Neighbor Deputy City Manager Charlesworth Councilmember Jenkins Assistant City Manager Sunderman Councilmember Kemmling City Clerk Powell Councilmember Vaught City Attorney Rainey Councilmember Meyer Finance Director Rogers Councilmember Sandifer Planning Director Chaffee Councilmember Kenig Public Works Director Whitacre Parks and Recreation Director Holman IT Director Bunting Police Chief Moser Fire Chief Mattox Deputy Parks and Recreation Dir. Lecuru Chief Codes Administrator Thompson Sr. Project Engineer Moeller-Krass Communications Manager Breithaupt Management Analyst Schmitz Economic Dvlpmnt. Council, Andrew Nave

(Shawnee City Council Meeting Called to Order at 7:30 p.m.)

A. ROLL CALL

MAYOR DISTLER: Good evening and welcome to tonight's meeting of the Shawnee City Council. I would ask that you please silence your electronic devices at this time.

I am Mayor Michelle Distler and I will be chairing this meeting. I will do a roll call at this time. Councilmember Neighbor.

COUNCILMEMBER NEIGHBOR: Present.

MAYOR DISTLER: Councilmember Pflumm.

COUNCILMEMBER PFLUMM: Present.

MAYOR DISTLER: Councilmember Jenkins.

COUNCILMEMBER JENKINS: Present.

MAYOR DISTLER: Councilmember Kemmling.

COUNCILMEMBER KEMMLING: Present.

Journal 75, Volume 15-2016, Page 2 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 MAYOR DISTLER: Councilmember Vaught.

COUNCILMEMBER VAUGHT: Here.

MAYOR DISTLER: Councilmember Meyer.

COUNCILMEMBER MEYER: Present.

MAYOR DISTLER: Councilmember Sandifer.

COUNCILMEMBER SANDIFER: Present.

MAYOR DISTLER: Councilmember Kenig.

COUNCILMEMBER KENIG: Present.

MAYOR DISTLER: Thank you.

B. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

MAYOR DISTLER: Please stand and join us for the Pledge followed by a moment of silence.

(Pledge of Allegiance and Moment of Silence)

MAYOR DISTLER: Thank you. Before we begin our agenda, I'd like to explain our procedures for public input. During the meeting I will offer the opportunity for public input. If you would like to speak to the Council at any of those times, please come forward to the microphone. I will ask you to state your name and address for the record, then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes and no person may speak more than twice to any one agenda item. After you are finished, please sign the form on the podium to ensure we have an accurate record of your name and address.

I would also like to remind Councilmembers to wait to be recognized before speaking. When you are recognized, be sure to turn on your microphone. Please turn the microphone off when you are done speaking.

In addition, while we won't do a roll call vote on every vote, I will state Councilmembers' names who vote in minority so that our listening audience will have a clear and accurate record of the vote.

C. CONSENT AGENDA

1. APPROVE MINUTES FROM THE CITY COUNCIL MEETING OF JULY 25, 2016. 2. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 18, 2016. 3. REVIEW MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 1, 2016. 4. REVIEW MINUTES FROM THE PARKS AND RECREATION ADVISORY BOARD MEETING OF JULY 7, 2016. 5. CONSIDER AN ORDINANCE ALLOWING TEMPORARY ALCOHOL SALES BY THE SHAWNEE DOWNTOWN BUSINESS ASSOCIATION FOR THE WHEELS AND DREAMS CAR, TRUCK AND BIKE SHOW. [Having passed, Ordinance No. 3163 was assigned.] 6. CONSIDER APPROVING THE SERVING OF ALCOHOL AT ERFURT PARK FOR THE FIREFIGHTERS BENEFIT ASSOCIATION'S ANNUAL PICNIC. 7. CONSIDER AN AGREEMENT WITH THE METRO UNITED SOCCER CLUB.

Journal 75, Volume 15-2016, Page 3 SHAWNEE CITY COUNCIL MINUTES August 22, 2016

8. CONSIDER EXTENSION OF SUP-05-15-06, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO PLANET FITNESS TO OPERATE AN ATHLETIC CLUB IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT LOCATED AT 13320 W. 62ND TERRACE. 9. CONSIDER EXTENSION OF SUP-06-15-07, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BOBBI HUNT TO OPERATE A GROUP DAYCARE FOR UP TO 10 CHILDREN IN THE PLANNED SINGLE-FAMILY ZONING DISTRICT LOCATED AT 5720 MARION STREET. 10. CONSIDER ACCEPTANCE OF DEDICATION OF LAND FOR PUBLIC PURPOSES CONTAINED IN FP-14-16-07, A FINAL PLAT OF RIDGESTONE MEADOWS, FOURTH PLAT, LOCATED IN THE 6700 BLOCK OF LONGVIEW STREET. 11. CONSIDER APPROVAL OF A STRUCTURE MOVING PERMIT APPLICATION FOR BILLY'S MOBILE HOMIES.

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

COUNCILMEMBER SANDIFER: Motion to approve.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to approve the Consent Agenda. The motion passed 8-0.]

D. MAYOR’S ITEMS

MAYOR DISTLER: The next item on the agenda is Mayor's Items, and I do not have anything tonight.

E. APPOINTMENTS

1. CONSIDER APPOINTMENT TO THE PLANNING COMMISSION

MAYOR DISTLER: The next item is Appointments. Item Number 1 is to consider appointment to the Planning Commission. I am recommending the appointment of Rusty Mudgett to the Planning Commission with a term ending on June 30th of 2019. Does anyone on the Council have any questions? Is there anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

Journal 75, Volume 15-2016, Page 4 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 [Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve the appointment of Rusty Mudgett to the Planning Commission with a term expiring June 30, 2019. The motion passed 8-0.]

F. BUSINESS FROM THE FLOOR

MAYOR DISTLER: Is there anyone who has comments on an issue that is not on tonight’s agenda? Seeing none.

G. PUBLIC ITEMS

1. CONDUCT A PUBLIC HEARING TO CONSIDER PROJECTS FOR THE 2017 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PLAN.

MAYOR DISTLER: The next item is Public Items. Item No. 1 is to Conduct a Public Hearing to Consider Projects for the 2017 Development Block Grant Annual Plan. This is the first of two required public hearings to consider proposed projects for the Community Development Block Grant (CDBG) funds in an estimated amount of $233,632.

Several months ago, Councilmembers had requested an educational presentation on CDBG. Staff has not been able to get that completed and on a Committee agenda yet, so tonight Lauren Grashoff, Neighborhood Planner, will incorporate some background information into her presentation on this year's plan.

a) Conduct a Public Hearing

There are three actions needed on this item. The first is to conduct a public hearing. Following public comments, I will ask for a motion to close the public hearing. Once the public hearing is closed, we will have council discussion.

I will accept a motion to conduct a public hearing on the 2017 Community Development Block Grant Annual Plan.

COUNCILMEMBER SANDIFER: Motion to conduct a public hearing.

COUNCILMEMBER PFLUMM: Second.

MAYOR DISTLER: A motion has been made and seconded to conduct a public hearing. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Sandifer and seconded by Councilmember Pflumm to conduct a public hearing. The motion passed 8-0.]

We are now in a public hearing. This is a formal public hearing required by law. The public hearing will begin with the presentation. After Ms. Grashoff's presentation, I will ask the Councilmembers if they have any questions specifically related to the presentation.

Journal 75, Volume 15-2016, Page 5 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 I will then ask if there are any comments from the public. If anyone from the audience would like to speak during the public hearing, please raise your hand and I will recognize you to come forward.

Ms. Grashoff, please go ahead.

MS. GRASHOFF: All right. Thank you. Good evening. All right. As Mayor Distler said, I’m going to give just sort of a broad overview of what the Community Development Block Grant program is and then I’ll delve into Shawnee’s program and then look at what we are proposing for projects for fiscal year 2017.

[What is CDBG slide] So, what is CDBG or Community Development Block Grant? This is a program that is handled through the federal government, the U.S. Department of Housing and Urban Development. This is an annual grant program for localities and states in the hopes -- the goal of creating viable communities. And HUD says block communities are decent housing, suitable living environments, and then expanded economic opportunities. And these are programs that are intended to serve primarily low and moderate income persons.

[CDBG grantees slide] So, every year the federal government allocates funding for what are called entitlement communities. So, those would be cities and then counties. Cities with a population of 50,000 or more, and then counties with a population of 200,000 or more. And those funds come directly from HUD and then those entities can delegate those funds and use those funds with some discretion. And then if cities or counties don’t meet those population thresholds, then we -- the funds will go to state entities, usually the state. And then typically through a competitive process those funds are allocated to smaller towns and rural counties.

[Program Objectives slide] So, the program objectives of the overall CDBG program requires that grantees are responsible for making sure that their annual activities are eligible and meet those national objectives. Then that again would be benefitting low and moderate income persons, preventing or eliminating blight, and then meeting urgent needs. And that would be like disaster recovery funding for that.

[Federal Program Guidelines slide] The federal program guidelines sort of set a broad requirement for how we can use our funding every year. The programs again can serve low and mod clientele. That means persons with income below 80 percent of our median income for the area. HUD resets those every year and they do change. They vary by metropolitan area, so we are with the Kansas City Metropolitan Area. Then just for an example, just to give you an idea. A family of four in 2016 that makes 80 percent of the median income is around $58,000 in Johnson County and Kansas City.

And then only 15 percent of our annual funding could be used for public service providers. So, for instance we give our public service providers, our YMCA, Johnson County Parks and Rec, Catholic Charities of Northeast Kansas City and Salvation Army.

And then beyond serving just low and mod clientele, we can also allocate funding for -- to provide an area of benefit. So, we are allowed to serve areas that have at least

Journal 75, Volume 15-2016, Page 6 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 44.37 percent of the residents in a low-mod income area. So, these would be like for our infrastructure projects that serve a sort of wider group. It’s the census block groups. That’s how those numbers come about.

[Program Funding slide] Program Funding. Funding is obligated annually by the federal government and it does vary a little bit. It’s based on population, our low to mod income persons and other various factors from metropolitan areas. The dollars are allocated from year to year, again, like I said, can fluctuate. The past several years it’s been around $230,000 give or take $10,000. We have estimated this year to stay at the same level of funding as we did last year. We don’t know our funding level quite yet. And then the City has discretion regarding projects which can be funded as long as they meet those overall broad goals set by HUD.

[Program Funding slide 2] So, some examples of eligible activities would be public facilities. So, what we have done the past several years has been infrastructure improvements with street, stormwater and sidewalk improvements in the area benefit. And then we have housing rehabilitation or lead base paint testing for housing-related activities. There are public services, so job training, employment services, childcare, just some of the many examples that funding could be used for. And then also economic development, which could include commercial rehabilitation.

[Shawnee’s CDBG Program slide] So, the City’s CDBG program, we actually became an entitlement city over that 50,000 population mark in 2004. And our program year runs January 1st to December 31st. So, that means we can, even though we may not have the funding, we can certain spend funding from January 1 to December 31st.

And then activities can only serve Shawnee residents. So, that would have to be that area benefit or residents that live within our city limits.

Every five years a consolidated plan must be adopted to establish our specific goals and activities. In September 22nd, 2014, the Council did adopt the most recent consolidated plan. That was the 2015-2019 consolidated plan. And those priorities that you all identified and approved were to be to:  Support the City’s neighborhood revitalization efforts;  Provide assistance to low and moderate income persons with minor home repairs;  Provide financial assistance to low and moderate income persons to reduce the risk of becoming homeless; and then also to  Provide financial assistance to encourage entrance into the workforce, or to allow residents to stay in the workforce.

[Shawnee’s CDBG Program slide 2] So, based on those larger goals in the annual plan then we set through or established priority program needs. And so this would be:  Construction of infrastructure improvements;  Minor Home Repair Program, which includes rehabilitation of single family houses as well as the provision of accessibility improvements. So that could be paint, wood rot, roof repairs, a variety of exterior repairs as well as interior. If

Journal 75, Volume 15-2016, Page 7 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 there’s a hot water heater or someone’s furnace has gone out, if there’s some sort of health issues, health safety issues with plumbing, so that program provides an array of options for how we can use those funds.  Grants for subsidized child to help person continue working, or to attend school.  Support for emergency services for eligible residents. That would be subsistence payments for rent or utility assistance.  Support for other eligible activities. And again, this would be in a disaster recovery situation which you can plan for, but certainly we want to keep that in there if that is a need.

[Annual Planning Process slide] So, the annual planning process, within that five-year consolidated plan every year we adopt -- accept an annual plan. And this is developed again on those objectives that have already been identified and these set out these specific activities every year. So, for this process every year we solicit sub-recipients, so those public service providers, in early June. Those applications are sent to organizations that might call us or e-mail us, have inquiries about participating in the program, and then also our past grantees that we have a solid relationship with and continue to work with us every year.

After that, we have just an informational meeting open to the general public and any sub-recipients that might want to come and just get some background information about the program. And then we have the sub-recipient applications are due in mid-July. And then tonight we are hearing the first public hearing for our human service providers. In September, late September, we will have a public hearing to approve the annual plan. And then after that there is a 30-day comment period that is required from HUD. So, once that’s finalized, it would be typically towards the end of the year once we submit the annual plan for approval from HUD.

[Shawnee’s CDBG Program slide] So, in 2016, HUD awarded us $233,632 in entitlement funds. We allocate this every year through the annual plan. The grant application is expected in ‘17 to be the same as the 2016 funds. And only 15 percent of those funds can be used on those public service providers. So, it comes out to be about $35,000.

[Shawnee’s CDBG Eligible Areas slide] And this is just a map of the CDBG eligible areas in Shawnee. There are 11 different block groups out of the 44 total that we have in Shawnee. So, these would be where we could help people with the area benefit, possible infrastructure improvements.

[2017 Annual Plan slide] So, finally, the 2017 annual plan, it’s what we’ve seen for the past several years. We are proposing to do an infrastructure improvement, which would be street, stormwater and sidewalk improvements on 59th Terrace from Barton to King. And this has been identified previously in the capital improvement program. Minor home repair program for $25,000. And that typically helps about ten people do rehab repair projects on their homes every year.

And then finally, what we are asking for approval tonight would be for the public service providers. This year we received four applications for this. And these are the same four applications, sub-recipients that we’ve had since -- some of them since 2004. Catholic Charities came about in 2013. So, we do bring all the applications forward to Council for approval. And it’s up to you guys to decide which ones you want to fund. So, the

Journal 75, Volume 15-2016, Page 8 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 YMCA, they are providing -- asking for funds to provide childcare for after school. Catholic Charities is asking for funds to provide rent and utility assistance. So, that’s the same with Salvation Army as well. And then Johnson County Parks and Rec, they also provide childcare services. So, assisting with those programs.

Like I said, we have four applications. We typically don’t get more than four just because some of the reporting requirements that HUD requires are a little stringent, some extra auditing requirements that could put just an additional financial and resource strain on some of the applicants. So, the four we have tonight here have been working with the county and other cities and then us as well for many years, so they have the staff and resources to be able to undertake these projects. And then on top of these, I just want to note that we also, the City, you guys allocate in the General Fund funding for the Johnson County Utility Assistance Program. We also give administrative funds to minor home repair, which some of it would be for repair and some of it would be for administrative costs, the United Community Services, Shawnee Community Services, Rebuilding Together Shawnee and the Special Olympics.

So, with that, I will take any questions.

MAYOR DISTLER: Does anyone on the Council have any questions? Mr. Sandifer.

COUNCILMEMBER SANDIFER: I was thinking the CDBG money could not be used for administrative uses.

MS. GRASHOFF: It can and there’s a limit on that. We just haven’t in the past. We just strictly use it to help either the infrastructure, the minor home repair or those providers. And none of those funds go to administrative costs. We do allocate in the General Fund to pay for some of the administrative, yeah.

MAYOR DISTLER: Any other questions? Mr. Jenkins.

COUNCILMEMBER JENKINS: Why don’t I just -- I think I heard you say that this a population based, so it’s just a formula kind of thing.

MS. GRASHOFF: It is. Yeah.

COUNCILMEMBER JENKINS: The dollars are determined based on some multiplication factor times population?

MS. GRASHOFF: Yeah.

COUNCILMEMBER JENKINS: I was just wondering. There’s no way to increase it or submit proposals or anything like that.

MS. GRASHOFF: Unfortunately not through this program. You know, there are several grant programs that the federal government has, and even HUD that, you know, but they would be based on whatever their criteria for those different programs are.

COUNCILMEMBER JENKINS: Thank you.

MAYOR DISTLER: Any other questions? Is there anyone in the audience who would like to speak to this item? Okay. Thank you, Lauren.

Journal 75, Volume 15-2016, Page 9 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 b) Conclude the Public Hearing

MAYOR DISTLER: So, the next action is to close the public hearing. I will accept a motion.

COUNCILMEMBER JENKINS: So moved.

COUNCILMEMBER SANDIFER: Motion to close the public hearing.

COUNCILMEMBER PFLUMM: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Oppose nay. Motion passes.

[Therefore, the motion was made by Councilmember Jenkins and seconded by Councilmember Pflumm to close the public hearing. The motion passed 8-0.]

c) Approve projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation.

MAYOR DISTLER: The final recommended action is to consider approving projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation.

Is there any discussion from the Council? Anyone from the audience that would like to speak to this item? Okay. I’ll accept a motion.

COUNCILMEMBER PFLUMM: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER KENIG: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to approve projects for the 2017 CDBG application to include 59th Terrace Improvements-King to Barton, Minor Home Repair Program, Salvation Army, Catholic Charities of Northeast Kansas, YMCA of Greater Kansas City and Johnson County Parks and Recreation. The motion passed 8-0.]

Journal 75, Volume 15-2016, Page 10 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 H. ITEMS FROM THE PLANNING COMMISSION MEETING OF AUGUST 1, 2016

1. CONSIDER Z-03-16-08, AN ORDINANCE REZONING FROM RESIDENTIAL ESTATES TO COMMERCIAL HIGHWAY LOCATED AT 15220 MIDLAND DRIVE.

MAYOR DISTLER: The next item is H, Items from the Planning Commission Meeting of August 1, 2016. Item No. 1 is to Consider Z-03-16-08, an Ordinance Rezoning from Residential Estates to Commercial Highway Located at 15220 Midland Drive.

The Planning Commission recommended 8-0 that the Governing Body approve Z-03- 16-08. An ordinance is required.

The recommended action is to consider passing the Ordinance. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER KENIG: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Kenig to pass an Ordinance rezoning from Residential Estates to Commercial Highway located at 15220 Midland Drive subject to the conditions listed in the staff report. The motion carried 8-0.]

(Having passed, Ordinance No. 3164 was assigned.)

I. ITEMS FROM THE COUNCIL COMMITTEE MEETING OF AUGUST 16, 2016, CHAIRED BY COUNCILMEMBER MEYER.

MAYOR DISTLER: The next item is Items from the Council Committee Meeting of August 16, 2016, Chaired by Councilmember Meyer.

1. CONSIDER A CHARTER ORDINANCE, REVISIONS TO POLICY STATEMENT, PS-7, CONDUCT OF PUBLIC MEETINGS, AND A NEW POLICY STATEMENT RELATED TO CITY ELECTIONS AND VACANCIES.

COUNCILMEMBER MEYER: Sure. Just one item tonight. It is to consider a Charter Ordinance, Revisions to Policy Statement PS-7, Conduct of Public Meetings, and a new Policy Statement related to the City elections and vacancies.

The Council Committee voted 6-2 to forward to the Governing Body for consideration a Charter Ordinance reflecting a hybrid process for filling a vacancy. The Committee also voted 8-0 to forward to the Governing Body for consideration revisions to Policy

Journal 75, Volume 15-2016, Page 11 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 Statement, PS-7, Conduct of Public Meetings, and a new Policy Statement related to the vacancy appointment process.

MAYOR DISTLER: Okay. Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item?

a) Pass a new Charter Ordinance regarding City Council elections and vacancies.

MAYOR DISTLER: I’ll accept a motion to pass a new Charter Ordinance regarding City Council elections and vacancies.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

MR. RAINEY: Mayor, I’m sorry. By statute and by our Charter Ordinance, we’re required to register the Mayor’s vote on that item.

MAYOR DISTLER: Oh, okay. Aye.

[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to pass a new Charter Ordinance regarding City Council elections and vacancies. The motion carried 9-0 with the Mayor voting aye.]

(Having passed, Charter Ordinance No. 45 was assigned.)

b) Approve revisions to Policy Statement, PS-7, Conduct of Public Meetings

MAYOR DISTLER: The next action is to consider -- same for this one?

MR. RAINEY: No.

MAYOR DISTLER: Okay. The next action is to consider approving revisions to Policy Statement, PS-7, Conduct of Public Meetings.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

Journal 75, Volume 15-2016, Page 12 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 MAYOR DISTLER: The motion has been made and seconded. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to approve revisions to Policy Statement, PS-7, Conduct of Public Meetings. The motion carried 8-0.]

c) Approve a new Policy Statement regarding the vacancy appointment process.

MAYOR DISTLER: The final action is to consider approving a new Policy Statement regarding the Council vacancy appointment process.

Does anyone on the Council have any questions? Anyone in the audience who would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Kenig and seconded by Councilmember Neighbor to approve a new Policy Statement regarding the vacancy appointment Process. The motion carried 8-0.]

(Having passed, Policy Statement No. 71 was assigned.)

J. STAFF ITEMS

1. CONSIDER AGREEMENT FOR CONSTRUCTION PROJECT MANAGEMENT SOFTWARE SYSTEM CONTRACT TO E-BUILDER, INC.

MAYOR DISTLER: The next item is Staff Items. Item No. 1 is to Consider Agreement for Construction Project Management Software System Contract to e-Builder, Inc.

A multitude of products are currently used to manage Capital Improvement Projects. Staff issued a Request for Proposal and is recommending a Construction Project Management Software System from e-Builder, Inc. for an amount not to exceed $138,225.

Journal 75, Volume 15-2016, Page 13 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 The recommended action is approving and authorizing the Mayor to sign the agreement. Does anyone on the Council have any questions? Mr. Pflumm?

COUNCILMEMBER PFLUMM: Yeah. I kind of was questioning why we need this software in particular when, you know, it’s relatively high cost compared to Microsoft Project that’s $250.

CITY MANAGER GONZALES: I’ll let Mr. Schmitz, he’s the expert on this.

MR. SCHMITZ: Matthew Schmitz, Management Analyst, Development Services. Do you want to get into the presentation that we’ve put together, or do you want to just address the differences between this product and the Project?

CITY MANAGER GONZALES: Why don’t you start with that? And then if there is more questions -- Matthew does have a couple slides and a presentation if you want to see it. It’s up to you.

COUNCILMEMBER PFLUMM: Sure.

MR. SCHMITZ: The main differences between this and Project, Project is limited in scope on what it will do. It works good for scheduling and employee scheduling and time tracking and things like that, but it doesn’t do invoices and it doesn’t do online bidding. It doesn’t do all the different functions that e-Builder will do for us. So, that’s really the easiest answer to it. Like I said, if you want to go through the presentation we can.

COUNCILMEMBER PFLUMM: I’d think we would. I would like to see it.

MAYOR DISTLER: Okay.

COUNCILMEMBER PFLUMM: We could do it offline or we can do it here.

MR. SCHMITZ: No, we can do it right now.

[Why do we need CPM Software? slide] So, first question right off the bat, why do we need it. The biggest reason that we’re asking, or that we’re presenting this to the Council for approval is for management of capital projects. We have several major projects coming up in the next year or so that are above what we normally do, so we want to try to be as efficient as we can and this software would help us to do that. It also provides for budgetary tracking. Will in the future help us to leverage other software products. In particular, sometime down the road if we look at replacing the finance product this product would integrate with that directly and help make the process for our department as far as approving invoices and things like that and make it a paperless process between what we do in Development Services and what Finance does on their side.

It also helps us with searches and report generation. There’s a lot of reports built into the product right out of the box for budgetary analysis, project analysis, looking at how much we spend for, say for instance for curb and gutter over the last two years. Once we’ve got data in the product we can go back and look and see on average what it costs for all of our projects for that type of stuff.

Journal 75, Volume 15-2016, Page 14 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 [Dashboard slide] This is a dashboard that would be what our project managers would see once we are integrated with the product. And it kind of goes through and shows some of the main items that a project manager would want to see right off the bat as far as the status of the projects, how much workload they have, where they are budgetary, budget-wise and invoice, all that stuff. It’s all integrated into the software so that we can keep track of those numbers.

[Program Status Report slide] This is another report that just kind of shows -- it’s the project status report, but it shows the number, the manager, the start date, the finish date, you know, original budget, what the budget current budget is, current commitments that we have, what invoices have actually been approved and then what we estimate the project is going to end up costing us in the end as we go through the project.

[Abilities of Software Package slide] So, the software package like I talked about a little bit earlier gets into scheduling, costing, document storage, online bidding. Which we do online bidding right now, but we do that through a separate provider. This would be basically one large program that allows us to integrate everything together and do all of it in one spot. One of the big things that this does for us also is right now we have inspectors who go out in the field and they inspect the project. They fill out a PDF form and they have to e-mail it back or we do it. You know, it’s generally there is a lag there. There is several days up to a week or more between what’s the deal versus when our project managers can actually see what’s being inspected out there.

This product has mobile device access, so somebody in the field with an iPad takes a picture of something and does an inspection on it, it immediately goes to that project manager. It’s not instant, but it’s very quick. They can see it right away. If somebody in the field has a question about a project, it also allows them to ask that question through that device.

The submittal process becomes paperless with this, or can become paperless with this. So, if we have contractors submitting shop drawings, invoices, all of that type of stuff, it can all be done electronically through the system and it reduces our paper.

And then map production as well. The product has the ability to generate maps automatically of where our capital improvement projects are at the time, where they’re going on. Those maps can then be integrated with our website so that we can show that data basically as fast as it gets put into the system.

COUNCILMEMBER PFLUMM: So, how do they log on if they’re providing submittals?

MR. SCHMITZ: What we plan to do at this point and the proposal that they gave us includes, there are more users included in the program than what we have in our department. So, we would be able to set up a user or different levels of access depending on if we wanted to do one for consultants and one for contractors. It would then allow them to use that -- using a password basically to get into the system to submit those papers through the system that way.

[Abilities of Software Package slide 2]

Journal 75, Volume 15-2016, Page 15 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 The system also includes document review. You can do plan markups. You can do plan review electronically in the system. And then you can, you know, once you get that done you can send it right back to the contractor or to the design consultant, whoever is doing the work. But again, it’s paperless. It all is electronic.

We talked a little bit earlier about the compatibility of finance software.

It does a lot of the ability for time tracking. Some of our projects we have to require it that we do, especially some of the ones that have federal monies. If you get into FEMA and stuff like that you have to track the time that you spend doing that stuff.

This product would also allow us to have a more consistent close-out process when we close a job or archive a job. We would be able to have a package put together for that so that we can archive that and not have things stored in multiple different places. Then like we talked about the reporting.

There is also, as time goes on with the product and we continue to use it, we would have a list of consultants and contractors that we’ve used in the past. We’d be able to see how much work we’ve given them in the past, how many contracts we’ve given them. Again, it’s a lot of about data analysis and being able to see what we’ve done.

[Comparable Cities who use e-Builder slide] These are some of the comparable cities that use e-Builder, their population and then what their CIP programs are. If you’re curious, our CIP as we are planning at this point is approximately -- for 2016, what’s under construction plus what’s under design right now is about $21.6 million.

[Funding slide] Funding for this was included in the 2015 budget at $25,000. We underestimated obviously what the cost was going to be to do this. And so that’s why in the 16R budget we included the $125,000 in the Equipment Reserve Fund to fund the rest of the project. There is a $30,000 a year annual maintenance cost to this product as well. And that is budgeted in the Development Services Department for beginning in 2017, and would be budgeted as Professional Services under that budget moving forward.

CITY MANAGER GONZALES: Any other questions?

COUNCILMEMBER PFLUMM: No, I’m good right now. Thanks.

COUNCILMEMBER KENIG: I had a question.

MAYOR DISTLER: Mr. Kenig and Ms. Meyer.

COUNCILMEMBER KENIG: I saw that kind of deep within the proposal there was a mention of Amazon GovCloud and e-Builder’s clients having access to that. Is that like a security program? How does that work?

MR. SCHMITZ: So, this is a cloud-based product. It’s not hosted in-house, it’s hosted on Amazon’s servers. What they’re talking about with Amazon GovCloud is Amazon has a dedicated section of services just for government products basically. I don’t know off the top of my head what the differences are in security levels, but it’s designed to be a more secure platform than their normal services are.

Journal 75, Volume 15-2016, Page 16 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 COUNCILMEMBER KENIG: Okay. And that’s something that’s included within the agreement?

MR. SCHMITZ: Yes.

COUNCILMEMBER KENIG: Okay. Thank you.

MAYOR DISTLER: Ms. Meyer.

COUNCILMEMBER MEYER: I guess less of a question and more of a comment. This is a little bit of the world I live in now working for a general contractor and we don’t use this same management software, but the price is in line. I think we probably pay more. So, just for a frame of reference in terms of costs it’s a robust system and they’re not inexpensive, so thank you for the presentation.

MR. SCHMITZ: Thank you.

MAYOR DISTLER: Any other questions or comments from the Council? Anyone from the audience that would like to speak to this item? Okay. I will accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

COUNCILMEMBER JENKINS: I didn’t get my aye in there, but.

[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to approve and authorize the Mayor to sign an agreement with e-Builder, INC. for an amount not to exceed $138,225 for a new Capital Project Management Software System for the Development Services Department. The motion passed 8-0.]

2. APPROVE FINAL PLANS AND AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE VEHICLE AND EQUIPMENT SHELTERS AT THE PUBLIC WORKS SERVICE CENTER, P.N. 3419.

MAYOR DISTLER: Item No. 2 is to Approve Final Plans and Authorize Staff to Advertise for Bids for the Vehicle and Equipment Shelters at the Public Works Service Center, P.N. 3419. The Public Works Department has 16 covered parking stalls for small vehicles and out-of-service vehicles being repaired. Additional stalls are needed to protect the $4 million worth of vehicles and equipment from weather elements. Staff worked with CEO Structural Engineers on design, construction administration and inspection services for the project. Final Plans were posted on the City's website. Staff is recommending advertising Shelters No. 1 and 2 for bid. The 2016 Budget includes $300,000 for the project.

Journal 75, Volume 15-2016, Page 17 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 There are two recommended actions. The first is to consider approving final plans.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Sandifer to approve the final plans for P.N. 3419. The motion passed 8-0.]

MAYOR DISTLER: The second action is to Consider Authorizing Staff to Advertise for Bid.

Does anyone on the Council have any questions? Anyone in the audience who would like to speak on this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Meyer to authorize staff to advertise for bid. The motion passed 8-0.]

3. AFFIRM AUTHORIZATION TO AWARD LAKECREST DRIVE AND JOHNSON DRIVE EMERGENCY STORMWATER PIPE REPAIR PROJECT, P.N. 3421 TO SAK CONSTRUCTION, INC.

MAYOR DISTLER: Item No. 3 is to Affirm Authorization to Award Lakecrest Drive and Johnson Drive Emergency Stormwater Pipe Repair Project, P.N. 3421 to SAK Construction, Inc.

On July 25th, 2016, a sinkhole was reported on Johnson Drive just east of Lakecrest Drive. It was caused by the failure of a 54-inch corrugated metal pipe. Due to the size and location of the failure, it warranted an emergency repair declaration. Staff requested quotes from two contractors. The City Manager authorized staff to contract

Journal 75, Volume 15-2016, Page 18 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 with SAK Construction, Inc. of O'Fallon, Missouri in the amount of $99,408.20 for emergency repairs.

The recommended action is to affirm the City Manager's authorization to award the Lakecrest Drive and Johnson Drive Emergency Pipe Repair Project, P.N. 3421 to SAK Construction, Inc. in the amount of $99,408.20.

Does anyone on the Council have any questions? Anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER KENIG: Move for approval.

COUNCILMEMBER MEYER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Meyer to award the Lakecrest Drive and Johnson Drive Emergency Pipe Repair Project, P.N. 3421 to SAK Construction, Inc. in the amount of $99,408.20. The motion passed 8-0.]

4. CONSIDER AN AGREEMENT WITH SWALLOW TAIL LLC FOR STREAM MITIGATION CREDITS FOR THE NIEMAN ROAD CORRIDOR SOUTH STORM DRAINAGE IMPROVEMENTS PROJECT, P.N. 3400, SMAC TC-21-072.

MAYOR DISTLER: Item No. 4 is to Consider an Agreement with Swallow Tail LLC for Stream Mitigation Credits for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMAC TC-21-072.

This project is on the Capital Improvement Plan for 2016 and construction is underway. The City is required to purchase Stream Mitigation Credits because the Turkey Creek Tributary is considered navigable waters as defined by the U.S. Army Corps of Engineers. The total cost for the credits is $113,800 and requires an agreement.

The recommended action is to consider approving and authorizing the Mayor to sign the agreement. Does anyone on the Council have any questions? Anyone in the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER SANDIFER: Second.

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

Journal 75, Volume 15-2016, Page 19 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Neighbor and seconded by Councilmember Sandifer approve and authorize the Mayor to sign the Mitigation Credit Agreement with Swallow Tail, LLC for the purchase of 2,276 stream credits in the amount of $113,800 for the Nieman Road Corridor South Storm Drainage Improvements Project, P.N. 3400, SMP TC-021-072. The motion passed 8-0.]

K. MISCELLANEOUS ITEMS

1. RATIFY SEMI-MONTHLY CLAIM FOR AUGUST 22, 2016, IN THE AMOUNT OF $4,688,646.16.

MAYOR DISTLER: The next item is Miscellaneous Items. Item No. 1 is to Ratify the Semi-Monthly Claim for August 22, 2016, in the Amount of $4,688,646.16.

Does anyone on the Council have any questions? Anyone from the audience that would like to speak to this item? I’ll accept a motion.

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to ratify the Semi-Monthly Claim for August 22, 2016, in the amount of $4,688,646.16. The motion passed 8-0.]

2. MISCELLANEOUS COUNCIL ITEMS.

MAYOR DISTLER: Item No. 2 is Miscellaneous Council Items.

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

COUNCILMEMBER NEIGHBOR: Yes. As we’re all aware there was a very tragic accident or incident last Tuesday night when young Treyvon Mays drowned in the Lakeview Pond. Anyway, a memorial fund has been set up for Treyvon and his family. You can mail checks to the Treyvon Mays Memorial Fund in care of Country Club Bank at 21911 West 66th Street, Shawnee, KS 66226.

Thanks to Charlie Vogt who helped organize a lot of this and has met with Treyvon’s family. Many local organizations and people have already donated, including the Shawnee Rotary Club.

Journal 75, Volume 15-2016, Page 20 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 Firehouse Subs owners Robin and Steve Heath are teaming up within the Shawnee Mission Northwest High School student group called Cougars Concerned for the Community for a fundraiser August 31st at Firehouse Subs from 10:30 to 8:00. A portion of the proceeds will go to Treyvon’s Memorial Fund.

There will be an article in Wednesday’s Shawnee Dispatch. There’s been articles on local TV stations already.

Treyvon loved to go play basketball and spent a lot of time the Civic Centre, and many of his friends have signed a basketball they are going to give to him. Also Shawnee Mission Northwest Principal Lisa Gruman and staff have been very appreciative of all of the help they received from Police, Fire, City and local businesses and schools and the entire community. In fact, donations can be dropped off at the Shawnee Mission Northwest office and also can be dropped off at Country Club Bank. You don’t necessarily have to mail them in.

This is such a tragedy that speaks volumes that the community is coming together to rally around this boy’s family and help in whatever we can. Again, I’m sure this has touched all of us. We we’re a very busy city of 65,000 people that go about our lives. It’s just difficult to believe that there are some families among our midst that are in very, very severe financial difficulty. And it is -- I think it’s a tribute to everyone. And all of those that live in Shawnee that come together, help this family out, give them a hand up so they can get back on their feet and start to live a productive meaningful life for themselves and their family.

MAYOR DISTLER: Thank you, Mr. Neighbor. Mr. Kenig.

COUNCILMEMBER KENIG: Yes. A couple things I wanted to highlight. I want to acknowledge the fantastic job our Police Department did with the Open House National Night Out a couple weeks ago. So, that was Tuesday in front of the Walmart Neighborhood Market. It was a very hot, humid day. I know the Mayor was there. I was there. The turnout was phenomenal. It was very encouraging to see the community turn out for that type of event and I hope to see more of those types of events in the future and maybe rotate them around the city. So anyway, great job to our officers for that.

And then the other item this past Friday was the Johnson County Police Academy graduation. So, we had two officers that graduated from that, Jacob Dee and Corey Kenney in the 118th class. So, happy to have them join the PD and be able to see their entire experience at the academy and what they’ve gone through and happy to have them in the city.

MAYOR DISTLER: Thank you. Any other? Mr. Pflumm.

COUNCILMEMBER PFLUMM: Yeah. I just wanted to thank all of our guys that helped with the Treyvon Mays accident. And I also wanted to thank the other communities that helped the Shawnee personnel also. So, thank you very much and thank you to all those other surrounding communities.

MAYOR DISTLER: Mr. Kemmling.

Journal 75, Volume 15-2016, Page 21 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 COUNCILMEMBER KEMMLING: Yeah. I had received an e-mail from a constituent with a couple questions about the WestGlen improvements that we approved a little bit back. So, I was going to, either, Andrew or Carol, maybe you can answer of these questions. First, is it the entire parking lot or just the movie theater parking lot that’s part of that $1.8 million that we’re giving?

CITY MANAGER GONZALES: It was just the property related to the movie theater.

COUNCILMEMBER KEMMLING: Just the movie theater parking lot. Okay. And then I was going -- I don’t remember if there was a breakdown to how much of the 1.8 went to the parking lot and how much went to the building renovation?

CITY MANAGER GONZALES: No.

COUNCILMEMBER KEMMLING: It wasn’t separated out?

CITY MANAGER GONZALES: It wasn’t specified.

COUNCILMEMBER KEMMLING: Okay. All right. Those were my questions. Thanks.

MAYOR DISTLER: Any other comments from the Council? Okay. I’ve got a couple. One, you all know our very special resident Robby Martz. Our special resident forever and ever amen, we hope, as he says. His caretaker Christie lives on the same street as her parents. And today she had a message, “Watching my parents watch their home burn isn’t anything I would ever wish on anyone. Absolutely heart wrenching watching your childhood home, pictures and things that can’t be replaced turned to ashes. Thankful my parents and their dogs are safe. Praying that their cat is found safe as he ran back inside when he was startled by the firefighters. I’m beyond grateful for the men and women of Shawnee Fire, Police, EMS and Animal Control who were there today. They were amazing.” So, I wanted to share that message and such a difficult time for someone, how once again our people come through and are a great support during this time.

And then the other item I wanted to bring up is Mr. Pflumm’s food truck event was a huge success, bigger than anticipated. So, I do want to look in the future, maybe bring to a Committee agenda of like a special use permit type thing for that type of thing because I think it became bigger than what we had planned, and so maybe we should look in the future of doing special use permit for that big of an event that’s open to the public. But I heard it was a lot more than you anticipated.

COUNCILMEMBER PFLUMM: No, no, no. I don’t think it was more than we anticipated because I kind of told you it was going to be big. And no one believed me. And nobody knew.

MAYOR DISTLER: Hopefully it’ll out next time. We’ll things better planned and that type of thing. Ms. Meyer.

COUNCILMEMBER MEYER: Now, that we’re all jumping in with events. I would just remind everyone there are two awesome bike events this weekend. The first is Saturday morning from 9:00 to noon at Mill Valley High School. The Rotary Club is giving away bike helmets. It’s the Bike Safety Rodeo that they do every year, so hit that.

Journal 75, Volume 15-2016, Page 22 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 And then Sunday morning is the Tour de Shawnee. So, I’ll be out there very slowly on my bike. So, come on out.

MAYOR DISTLER: Well, I’ll be waving as you go by because I’m helping with traffic control.

COUNCILMEMBER SANDIFER: Will you be following Jeff?

COUNCILMEMBER MEYER: I need him to pull me.

MAYOR DISTLER: Tandem biking.

COUNCILMEMBER VAUGHT: I pulled my daughter 15 miles the other day literally on my bike.

MAYOR DISTLER: Okay. Any other items?

3. CONDUCT EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE ACQUISITION OF PROPERTY AND ATTORNEY TO CLIENT PRIVILEGED COMMUNICATIONS.

MAYOR DISTLER: Item No. 3 is to Conduct Executive Session for the Purpose of Discussing the Acquisition of Property and Attorney to Client Privileged Communications. I will accept a motion to recess to Executive Session for 30 minutes for preliminary discussion relating to acquisition of real property and for conducting attorney to client privileged communications for the purpose of protecting the confidentiality of those acquisition discussions and privileged communications.

a) Motion to recess to Executive Session for 30 minutes for preliminary discussions relating to the acquisition of real property and for conducting attorney to client privileged communications, for the purpose of protecting the confidentiality of those acquisition discussions and privileged communications.

Do I have a motion?

COUNCILMEMBER PFLUMM: So moved.

COUNCILMEMBER NEIGHBOR: Second.

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

COUNCILMEMBER MEYER: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

COUNCILMEMBER JENKINS: We shall return.

[Therefore, the motion was made by Councilmember Pflumm and seconded by Councilmember Neighbor to recess into Executive Session. The motion passed 8-0.]

Journal 75, Volume 15-2016, Page 23 SHAWNEE CITY COUNCIL MINUTES August 22, 2016 (Shawnee City Council in Executive Session from 8:13 p.m. to 8:38 p.m.)

b) Conclude Executive Session

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

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER SANDIFER: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Vaught and seconded by Counclmember Sandifer to conclude the Executive Session. The motion passed 8-0.]

c) Reconvene Meeting

MAYOR DISTLER: The next action is to reconvene the meeting. Do I have a motion?

COUNCILMEMBER VAUGHT: Move for approval.

COUNCILMEMBER JENKINS: Second.

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes.

[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Jenkins to reconvene the meeting. The motion passed 8-0.]

L. ADJOURNMENT

MAYOR DISTLER: If there are no other items, I’ll accept a motion to adjourn.

COUNCILMEMBER VAUGHT: Motion to adjourn.

COUNCILMEMBER SANDIFER: Motion to adjourn.

MAYOR DISTLER: Is there a second?

COUNCILMEMBER SANDIFER: Second.

COUNCILMEMBER VAUGHT: Second.

Journal 75, Volume 15-2016, Page 24 SHAWNEE CITY COUNCIL MINUTES August 22, 2016

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

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. We are adjourned.

[Therefore, the motion was made by Councilmember Vaught and seconded by Councilmember Sandifer to adjourn. The motion passed 8-0.]

(Shawnee City Council Adjourned at 8:39 p.m.)

Journal 75, Volume 15-2016, Page 25 SHAWNEE CITY COUNCIL MINUTES August 22, 2016

CERTIFICATE

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

/das September 4, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

______

Stephen Powell, City Clerk

Page 1 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 CITY OF SHAWNEE COUNCIL COMMITTEE MEETING MINUTES August 16, 2016 7:00 P.M.

Councilmembers Present Staff Present Councilmember Pflumm City Manager Gonzales Councilmember Neighbor Deputy City Manager Charlesworth Councilmember Jenkins Assistant City Manager Sunderman Councilmember Kemmling City Clerk Powell Councilmember Vaught City Attorney Rainey Councilmember Meyer Finance Director Rogers Councilmember Sandifer Development Services Dir. Wesselschmidt Councilmember Kenig IT Director Bunting Parks and Recreation Director Holman Planning Director Chaffee Deputy Planning Director Allmon Fire Chief Mattox Public Works Director Whitacre Police Chief Moser Kevin Fern, Visit Shawnee Sr. Project Engineer Lindstrom Neighborhood Planner Grashoff Transportation Manager Manning Communications Manager Breithaupt Business Liaison Holtwick Shawnee 1929 Museum Director Pautler Curator of Collections Hsu Curator of Education Uhler

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

A. ROLL CALL

COUNCILMEMBER MEYER: [Inaudible; talking off mic.] Stephanie Meyer, Ward III. Besides myself, the Committee members here tonight are Jim Neighbor, Ward I; Dan Pflumm, Ward I; Eric Jenkins, Ward II; Mike Kemmling, Ward II; Jeff Vaught, Ward III; Mickey Sandifer, Ward IV; and Brandon Kenig, Ward IV.

Before we begin our agenda, I'd like to explain our procedures for public input. During the meeting I will offer the opportunity for public input. If you would like to speak to the Committee at any of those times, please go to the podium. I will ask that you state your name and address for the record, then you may offer your comments. So that members of the audience can hear you, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes. And after you are finished, please sign the form on the podium to ensure we have an accurate record of your name and address.

I would also like to remind Committee members to wait to be recognized and to, unlike me, remember to turn on your microphone when you would like to speak so we can get a clear and accurate record.

Page 2 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 B. ITEMS

1. DISCUSS THE NIEMAN REALLOCATION OF RIGHT-OF-WAY STUDY, P.N. 3411.

COUNCILMEMBER MEYER: There are three items on tonight's agenda. The first item is to Discuss the Nieman Reallocation of Right-of-Way Study.

This item was discussed at the May 3, 2016 Council Committee meeting. Since that time, additional public engagement meetings were held to get public input. The final report and recommendations are ready. Dave Holtwick, Business Liaison, will provide some background and Randy Gorton of BHC Rhodes will give a brief presentation of the findings and recommendations of the study.

Welcome, Mr. Holtwick.

MR. HOLTWICK: Thank you very much. It’s an honor and a pleasure to be here tonight, and my background is really going to be brief. You’ve heard most of it in the previous presentations in the background that you provided just now, Madam President. But my role, to start it all off, I’m going to introduce the project manager from BHC Rhodes Randy Gorton, and also one of the consultants that’s been part of the team Marty Shukert with RDG Planning and Design. They’ll go through and discuss the -- some of the additional items with the study, present their recommendations and then we’ll talk a little bit more. So, Randy, it’s all yours.

Nieman Road Reallocation of Right-of-Way Study Presentation of Final Recommendations

[Overview slide] MR. GORTON: Thank you, sir. Good evening. We appreciate the opportunity to come back before Council. Very briefly, we’d like to go through a little bit of background as much of the audience. I think Council is probably very familiar with this project and the process. But make sure everybody is on the same page, go through what was presented to the public after our previous presentation to Council on May 3rd, and then go through the recommendations that came out of that public engagement and the study process.

[Background slide] Very briefly, this project uses KDOT Transportation Alternatives funding. It’s a cost share between the City and KDOT. The main objectives for this process are certainly to carry on with the previous planning that the City had done, begin more implementation. We also wanted to go ahead and develop some actual corridor layouts based on both addressing the image of the corridor as well as movement of vehicles, pedestrian, bicycles along the corridor. An additional part of that was some re-striping plans for Nieman Road based on some ideas that had been brought up in previous studies, and at the same time coordinate the study work with some concurrent historical, excuse me, linking Historic Shawnee Trail project under the Planning Sustainable Places program.

[Background slide 2] October of last year we began the study process. In January and February, we had on- site work sessions here in the City to meet with individual property owners and the public at large to get more feedback. And then based on that information and our own

Page 3 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 additional analysis we presented both to Council and then to the public in an open house meeting in May, choices. And coming out that, based on the feedback we got, we prepared a final study with those recommendations this month.

[Presented Options at Open House slide] In general, at the open house in May, our choices presented to the public focused on different lane configurations for Nieman Road. There was, as you know, much discussion about, again, there’s a certain amount of public right-of-way, how do we balance that for all of the users that need to take advantage of that public space? And that’s the number of lanes that Nieman should be, what kind of bicycle facilities we should have, what kind of sidewalks and other pedestrian facilities we need to make room for. We looked at intersection improvements, most specifically at Johnson Drive, but in addition, some of the other key intersections up and down the corridor. Ideas for streetscape and placemaking, again, to address the image of the corridor. Access management to see what opportunities made sense along the way. And then address existing above-ground utilities and some strategies that could I guess could enhance the appearance of the corridor and options for moving those out of view.

With that, I’d like to turn it over to Marty Shukert to go through some of the options that were presented to the public at the open house.

MR. SHUKERT: Thanks, Randy. And first I’d like to thank all of you for having us here and just to say it’s been a real privilege to work in Shawnee on this very exciting project. We’re really thrilled with the outcome and we hope you will be as well.

As Randy mentioned as we developed ideas there were ultimately three options that we looked at. And we’re interested in seeing what we could do to maximize benefit for each option.

[Limited Improvements: 4-lane section slide] The first of those was basically keeping the 44 to 46-foot wide four-lane section the way that it is with better sidewalks and some other modifications to make the street work and function better.

[Road diet: Three lanes with shoulders or bike lanes slide] A second option was to take that space between the two curbs and reallocate it. So, a three-lane section which had been talked about and which was in the Community Connections study, when three lanes are striped that leaves about ten feet of additional right-of-way and one option is allocating that ten feet to a shoulder or to a bike lane on either side. So, that was another option that was looked at.

[Road diet: Three lanes with side path/enhance sidewalk slide] The third option was a little bit different. And that was moving the curb specifically on the west side in, narrowing the street from curb to curb to 34 feet so that it is a standard three-lane section, which then leaves enough room for a wider sidewalk or side path that accommodates multiple uses, pedestrians, bicycles and so forth. So, that was a third option that was looked at.

The first two options leave the curb space where they are. The third option moves the curb and provides the additional room for a side path, additional streetscape and amenities.

Page 4 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 [Johnson Drive Options – Streetscape Elements slide] In addition to those three options for evaluation, we looked at some other things. As we were developing the ideas in a public workshop or charrette session we heard people say, boy, if we could only put diagonal parking on Johnson Drive between Barton and Nieman that would be pretty cool and would really help downtown. So, we studied that idea and looked at a couple of options there. Leaving things alone moves traffic quite well. Going to four lanes rather than five lanes on the west side is promising. It opens up room for diagonal parking. It decreases the level of service a little bit, but might be worth further consideration. Another option which called for narrowing Johnson Drive on both sides of Nieman to provide diagonal parking just doesn’t work all that well from a traffic point of view.

So, the middle option of thinking about and studying diagonal parking on the Barton to Nieman block could be very helpful. It probably will work adequately, but it’s not really a fundamental part of our recommendation right here.

[Family of nodes slide] We looked at place-making alternatives as well and developed ideas for a series of nodes or special areas along the street that would interpret history, which is now done only with directional signs. Even ideas of a vocabulary of place-making structures. There could be a monument in one place at bus stop, could have a roof over it so it provides some shelter, and maybe a middle level that provides some shade as well. So, these can provide information, historical interpretation, special events and those kinds of things. And so add some meaning and additional appeal and attraction to the street as well. So, we really did in all of these options try to look at Nieman Road as a place as well as a transportation artery and to work together with our various constituent groups, the businesses, the people who use the street to think about how we really can make Nieman Road in any number of ways a really excellent facility from a number of perspectives.

[Access Management on Nieman – 3 slides] MR. GORTON: We also wanted to look at some other geometric physical changes that might be appropriate on the corridor. We had quite a bit of dialogue with different property owners up and down Nieman in terms of opportunities to consolidate access, entrance points onto and off of Nieman. Again, the more we can simplify this, it has a direct impact on the smoothness and safety of traffic. And so we looked at I think what you would call some low-hanging fruit, relatively non-controversial opportunities to simplify things a little bit without getting carried away.

[Overhead Utility “Cleanup” slide] One other thing that we looked at we didn’t present to the public so much just because of the nature of it is a little more cost driven and policy at a different level, but we did look as part of the study opportunities to improve the appearance of the corridor with respect to the effect that overhead utilities, above-ground utilities have.

One option is basically to put as much underground as possible. We’ve got some approximate cost estimates from Kansas City Power & Light for that at 1.95 million. Again, that’s a very rough cost. Don’t be surprised if that would be higher if you actually wanted them to do that.

The surprising part is we looked at the option of instead of putting it all underground is actually relocating as much of it as possible behind the businesses that are along

Page 5 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 Nieman with the thought that the buildings themselves would shield much of that above- ground equipment. We were very quickly pointed out to us from Kansas City Power & Light that it wasn’t going to be much cheaper just because of a number of factors they cited. Basically $100,000 less which is probably within the percent error in their cost estimate anyway.

One other option is whatever equipment there, pick a more aesthetic enclosure, pole, other things that might -- we essentially call as camouflage for what facilities are already there above ground. And we gave a few examples of that.

We have been talking to Kansas City Power & Light. They apparently now actually have an internal working committee looking at options because Shawnee is far from the only city asking these questions. And apparently Kansas City Power & Light has gotten enough requests that they are looking at it internally what kind of equipment might, I guess you’d say, fit their maintenance schedule while better meeting some of the City’s aesthetic expectations.

[Public Input slide] Throughout the process we tried to do a good job of engaging the public. We know Nieman is an extremely high profile corridor for the City of Shawnee. You have a lot of folks there with a lot of history and a lot at stake for that matter. So, we tried to hear from as many as possible and get some good meaningful feedback based on the options that we developed. We got a number of written comment forms after the public open house. We had an online survey available through the month of May. One thing that we noticed that the comment, the feedback that we got was fairly consistent, both online and written.

[Public Input Q1 & Q2 slide] Based on that we had a high percentage of stakeholders on the committee, or excuse me on the corridor who responded to the working group. Quite a few residents, but also business property owners.

We did ask them of the different roadway configurations, the four lane, the three lane, whether it’s on-street bike lane, shoulders or a new multi-use path on one side, what they preferred. We asked them about access management. This graph kind of on the right shows I think good support for a very simple, relatively low impact approach to access management, which is what we had presented.

[Public Input Q4 slide] And then in terms of the lane configuration, the yellowish bar on top was basically keeping things the way they are, the limited four-lane option. And then the middle greenish bar and the bottom orangish bar were the two different three-lane options. And then the only difference there was whether to have on-street bike lanes or to narrow the curbs and do a behind the curb multi-use path. Orange is the behind the curb multi-use path. It was the single most popular option.

[Final Criteria for Recommendations slide] Based on all of this input, quite a bit of dialogue with City staff officials and then our own professional experience, we wanted to apply these criteria kind of to our overall decisions that we would make in terms of making recommendations. And again, we want to make sure it’s consistent, but we also want to make sure that it works well and it’s safe. Those are the paramount things. And then beyond that it’s again who

Page 6 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 benefits, bicyclists, pedestrians, adjacent property owners, the overall economy, the community at large, things like that. But we had a number of criteria and sub-criteria, and they’re included in the report, that we took into a consideration as we put together the final recommendations that are contained in the study.

With that, I’ll turn it back over to Marty to talk about a few of those.

[Final Study Recommendations slide] MR. SHUKERT: Yeah. So, a funny thing happened on the way to a final recommendation. When I was a young planner and actually got appointed Community Development Director in Omaha in the 1980s, the guy who hired me was interviewed for the -- by the newspaper. And one of the best things he said was, well, he’ll work on something and then decide it isn’t a good idea and tear it up and start over. And that’s kind of what we did, but it was really a response to the public workshop. We presented the three options. Most people at the workshop tended to favor the side path solution consistent with the survey because they really liked the idea of the better bigger pedestrian accommodation and felt that a separation from automobiles was a much better option. But a couple of people said, you know, you really ought to put it on the east side rather than the west side. And we said, well, I think we thought about that, but Randy and I and other people working on the project and sort of went back, laid it out on the east side and discovered that actually that was a much better solution. Fewer driveway interruptions and a better place to put it in terms of connectivity to the park and to many, many other things along the way. But there was one nagging problem and that was the disability at 60th and Nieman at that intersection, which in some ways induced us to locate the path and the widened sidewalk on the west side. But we figured out a way to deal with that, which I’ll describe in a minute.

So, ultimately the basic parameters of the recommendation are a three-lane street, which was favored actually by 60 percent of the people in the survey. A ten-foot multi- use trail with significant setback of about eight feet on the east side and an upgraded traffic signal at Johnson Drive, which allows us to line up the left turns and eliminate one of the signal phases, which really improves traffic operations significantly.

[Final Study Recommendations slide 2] So, the revised section looks something like this. But there are a couple of highlights of that in addition to those sort of basic parameters that I’d like to describe. First of all, we had the room to take Nieman Road slightly offline and shift it very, almost unperceptively to the east as it approaches 60th Street from either direction. That allows us to pull the street over and to provide good visibility for traffic moving out of 60th Street to be able to see Nieman Road. And people will never notice it except that they’ll have a little bit of -- they’ll have better site distance at that intersection. That kind of fixed that problem.

A second highlight is the use of two mid-block crossing nodes. One just south of 60th Street, the other just north of 57th Street created by using the center left turn lane, which we don’t need at those specific locations, because there are no left turns to be made to provide a pedestrian crossing refuge. That makes the crossing a lot easier for pedestrians even if the intersection or the crossing is not signalized and breaks down the dividing effect of Nieman Road.

The third issue is with a path approaching a congested pedestrian area like Johnson Drive, what do you do with bikes. You don’t want them on the sidewalk. So, in this plan

Page 7 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 we make that basically a pedestrian zone and a no riding zone. So, there’s a way of routing bicycles around the center section of Nieman Road and then putting bike parking or a bike rack at either end at 58th and at 59th, and not allowing bicycles on the widened sidewalk in that more pedestrian area.

[Final Study Recommendations slides 3 and 4] The sketches that you see before you give you an idea of what that will look like. So, here we’re at south of -- just actually at Roger Road with typical standard of an eight- foot setback, a ten-foot side path. On the opposite side of the road, in most situations we can provide a six-foot sidewalk with a six-foot setback, so that’ll feel much more comfortable to the pedestrian on either side. So, you’ll see this kind of a sense in the commercial part of Nieman Road south of Johnson Drive and that kind of a viewpoint of the street in the more residential zone north of 57th Street.

So, we think it will produce a very attractive environment that will be safe, that really will ultimately pay off in terms of significant investment and traffic flow improvements in the Nieman Road corridor. And of course, access management, how that’s all managed is a very important part of that, and that’s what Randy will address.

[Final Study Recommendations – Access Management slide] MR. GORTON: And again, I think it’s appropriate, a very simple view, look for some basically extra driveways that can be eliminated. There are a few driveway locations that can be shifted. Not eliminated, but better line them up with entrances on the opposite side of Nieman. And then I think in the future as redevelopment occurs, that’s probably the test time to look at those kinds of more significant opportunities to simplify the total number of access points up and down. But I don’t think it makes sense to push that too hard on residents at this time.

[Final Study Recommendations – Other Recommendations slide] Again, utility undergrounding. Essentially based on costs, if the City wants to invest money, it makes sense to go ahead, and again, assuming the costs are, in fact, that close, it may be worth the small extra cost to get everything underground. Again, we had further recommendations regarding nodes and some opportunities again for the aesthetic of the corridor and some consistency in creating a theme. And then we did go ahead and recommend “temporary re-striping” of the three lane. Again, leave the curbs where they are. As part of the original project to go ahead and do that, I think there was some concern about the effectiveness and the adequacy of three lanes. And this is a good way to do it fairly simply. So, we included that as part of the recommendations in the report.

[Graphics slide] And again, we provided some graphics to illustrate using the existing street, how that would be re-striped into three lanes.

[Final Report slide] The final report, PDF copies are available of the three sections of the report. An Executive Summary, we tried to get it as concise as possible. Again, the full report, and then there’s quite a bit of supporting documentation that’s also provided should someone want to dig in a little deeper at some of the background information that went into the study.

[Recommendations slide]

Page 8 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 MR. HOLTWICK: Thank you, Randy and Marty. The last slide that you’re looking at here, I just want to say that staff worked very closely with Marty and Randy and the entire team, talked with them at length as they prepared the final report. And so what you see now before you really are the staff recommendations based on what we heard. And so this is where you all get to go from here then, and you’ll have a chance to ask them some questions again in a second. So, the first item really is to accept the Nieman Road Right-of-Way Reallocation Plan Report. The second item really of consideration is to approve the temporary re-striping plan for Nieman Road if you so choose. The next then is to direct the staff to proceed with the preparation of the final scope of work for the permanent construction, if you will, of the three-lane section. And you see the items -- so, working with KCP&L, getting the design work started. And in the packet memo you saw some of the timing of those other projects up and down Nieman and how that would all tie in with this project. So, those are the recommendations. And I think if you have questions, Marty and Randy are available to help, or any of the others that you would have questions of as well.

COUNCILMEMBER MEYER: All right. Thank you. Mickey.

COUNCILMEMBER SANDIFER: Yes. If we did the re-striping, what kind of a time period is it that we would allow people to use this and see just what kind of a difficult change this is before we do any construction on it?

MR. HOLTWICK: Well, I think a lot of that gets decided on the City in terms of how you want to program any permanent improvements to Nieman. The re-striping plans, from that perspective, we essentially just need to get KDOT’s final approval since they’re contributing quite a bit of money. Once that’s good, then it’s really up to the City how quickly they want to let that work and let it be done. It could very well be done this year, assuming KDOT doesn’t have any significant comments.

COUNCILMEMBER SANDIFER: On just the re-striping you’re talking about, yes.

MR. HOLTWICK: On just the re-striping. And then how long is that between your temporary re-striping and then reconstruction on Nieman. That’s really up to you folks how quickly you want to program the funds for construction of any permanent improvements to Nieman.

COUNCILMEMBER SANDIFER: Okay.

MR. HOLTWICK: And that’s 2017.

COUNCILMEMBER MEYER: Jeff.

COUNCILMEMBER VAUGHT: What’s the cost to re-stripe?

UNKNOWN SPEAKER: $80,000.

COUNCILMEMBER VAUGHT: $80,000?

MR. HOLTWICK: Yeah. That should be done within $80,000.

COUNCILMEMBER VAUGHT: And that’s where I struggle with the thing because it’s a temporary striping and it seems like a lot of money to do something, then come back,

Page 9 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 tear it out and do it later. We had this discussion before, and I know that Brandon agreed with me, or I agreed with Brandon that -- and I don’t agree with what you said, Mickey, how much of a problem this is going to be because I don’t think it’s going to be a problem. But I think we’re going to change the striping without the public really knowing what the final plan is. I mean, we might have it. We know what it is. Us sitting in this room know what it is. But the average person driving up and down that street doesn’t know that something else is coming. They’re going to be scratching their head for several months going why is this re-striped and they’re not seeing a dramatic change or benefit, so I’m not real supportive of spending $80,000 to temporarily stripe a road, unless your idea behind it is to make, I mean, are we confident that that plan works and everything is good? Or why the recommendation of the temporary stripe? Is that common or is --

MR. HOLTWICK: From the consultant, you know, as you know we did a fair amount of analysis from a traffic perspective. We evaluated taking the existing four-lane street, narrowing it down to three-lane. Based on all of the information we had and the analysis, three lanes should be adequate to allow traffic to move well along this corridor. Our recommendation came out as much as what we heard as concern and a lack of confidence from certain portions of the public that this really is going to function well and they’re, you know, kind of get some buy-in.

COUNCILMEMBER VAUGHT: Well, I think we all heard that. But I think we also have got to look at 60 percent of the people said we want this three-lane option. So, I think more people are saying it and you combine that with the other three-lane and those two far out way don’t do anything. So, I think there is more support on the side of let’s do this. I think my concern is knowing Shawnee and knowing some of the influence there is going to be inconvenience. It’s going to be a change for people, but there’s a really good chance that if enough uprising happens that we’re going to be sitting here contemplating killing this project altogether because of public sentiment before they realize what else is part of this project. I don’t want to risk losing this. We have worked really hard and come a really long way to get here. I mean, look, it has taken 20-30 years. I mean, this has been talked about forever. And so do we want to risk scrapping this whole project to re-stripe for several months and spend 80 grand that we’re going to have to re-spend again, or do we just want to bite the bullet and do this. And I guess I’m asking everybody else. I mean, that’s how I see it. I don’t know how everybody else feels about it. I just -- I don’t want to get this far and then because a few people get really inconvenienced and scream really loud and start influencing people that all of a sudden we’re contemplating, well, maybe we just don’t move forward with this because then this would have been a really huge waste of time and I just don’t want to risk that.

COUNCILMEMBER MEYER: Mickey and then Brandon.

COUNCILMEMBER SANDIFER: I remember 40 years ago when it was a two-lane road and the City was going to widen it because there was so much traffic. And I think it was suitable, very feasible. A lot of companies came in and did a lot of things. Things change, granted. With this Council I have heard for a year or two now that we’ve been accused of jamming things down people’s throat and not giving the public and the people a chance to kind of bite into something or to feel it. And that’s been -- several of us have been accused of doing that many, many times. And I think this is another one that would be jamming something down somebody’s throat. You know, when we first started talking about this I remember talking about re-striping it and see what the people thought. Give it a chance to take. And then all of a sudden I started hearing about,

Page 10 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 well, let’s not re-stripe, let’s go ahead and just do this. Because if you re-stripe it, you might get a lot of feedback more or less is what it is. That isn’t the words that were used, but that’s the way I was taking it. But I believe that we need to give the public time to kind of bite into it and maybe digest it just a little bit before we just all of a sudden spend $1.6 million of the public’s money and kind of, to my idea of it, is jamming it down their throat, not giving them a chance to look at it first.

COUNCILMEMBER MEYER: Brandon.

COUNCILMEMBER KEMMLING: I hear what my fellow Councilmember Sandifer is saying. I wanted to echo some of the concerns that Councilmember Vaught stated. I think for me, and I still have some of those concerns, is that if we proceed with the temporary re-striping now, I mean, looking at what was provided in the packet with the phases of -- the additional phases of the project, construction itself wouldn’t begin until spring of 2018. So, that’s a long time in between the temporary re-striping and before we actually see construction underway. And granted, you have drainage improvements and utility relocations in between. But that’s a long time without, you know, being able, I think the public to see the big picture. And I, you know, I don’t know how much benefit there is to the public to put them through inconvenience and hassle of a re-striping without what is to follow for, you know, another year and a half, two years. So, that’s my concern.

COUNCILMEMBER MEYER: Eric and then Dan.

COUNCILMEMBER JENKINS: Yes. First of all, I want to just say I think the consultants did a nice job of working with the public and trying to put a presentation together for us, so I appreciate that. My question is not really directed at the layout or the design or that sort of that thing. My question is really oriented on, I don’t think we’ve done a good job of saying why we’re doing this whole project in the first place. And I think that’s something we need to address. I think it would be very valuable to our public to know that we are wanting to do this Nieman corridor because of these following factors. It’s going to really boost development. It’s going to raise the ambiance of the area. It’s going to raise property values. There ought to be some estimates. There ought to be some come forward to this whole package that says this is why we’re doing the darn thing in the first place. And I think there’s a real lacking there for this project. And I’m getting push-back from some of my constituents saying this is a big boondoggle, why are doing this and all that kind of stuff, and it’s pretty hard to say this is why we’re doing it because I don’t have anything to say this is why we’re doing it other than the fact we think it’s a great idea and all that stuff. I’d like to get some stuff on paper. I’d like to get our folks, the Planning Department, some of the other fellows to sit down with the guys and gals and come up with a good overall concept for this which shows the benefit cost ratios and this is why we’re going to spend this money because it really is a good idea and it’s going to do this and that for the community. And that all members of Shawnee are going to get something out of this, not just people in the corridor. So, I think this is the way we need to look at most of our projects. What’s the benefit to the community overall and I think it should be a benefit community-wide. And I think it can be. So, please take a look at that. I’d like to see that before we actually vote on this project, to actually move forward. I think we should at least deal with the basics to say this is why we’re doing it. That seems quite appropriate.

COUNCILMEMBER MEYER: Dan.

Page 11 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER PFLUMM: Yeah. I want to thank you guys. You guys did a good job on the whole project from everything I’ve seen so far and I went through everything in the packet. I do disagree with Mr. Sandifer a little bit on the re-striping. I just don’t know that we’re going to get $80,000 worth of benefit on striping it with three lanes. But the overall project I’m in favor of. I don’t agree with you guys’ comments on the, you know, the sidewalk-bike lane, whatever on the east side. And, you know, one because of the sight distance at, whatever, 59th or whatever street that is, 60th. And then the other one is it just doesn’t make sense from just a common sense perspective of, you know, we’ve got a school to the west. We’ve got Old Shawnee Town to the west. There’s a football stadium over there. There’s all kinds of those types of things. I would think that you would put the sidewalk or the bike path/walking trail on that side. It just, I mean, it’s just common sense, but that’s just my opinion. And the safety thing was priority number one when we talked. And, you know, I don’t know for sure that you kind of address that whole thing. I mean I know you moved the street over, but still it’s a really tough intersection right there if you look to the north. But anyway, those are comments. And I really appreciate it. You guys did a good job. I’d like to see something move forward. I think the City of Shawnee needs that. I’ve been kind of pushing for it for many years just personally myself. And I think our downtown definitely needs to do something. So, thank you very much.

COUNCILMEMBER MEYER: Jim.

COUNCILMEMBER NEIGHBOR: Yeah. I would echo Dan and Brandon and Jeff’s comments. I think there’s something needed to be done. We’ve already decided to go forward with the -- all three of the Nieman Road projects, Nieman Road stormwater projects to get them done and out of the way so this, in fact, can happen sooner than later. I think that when people see that we have taken this step to redevelop our downtown and make a positive input, they will go ahead and they will understand, and I believe that it’s going to make a big difference as far as redevelopment and development downtown. The part about the temporary re-striping, temporary re-striping and then going with all the construction on it, I think it would almost be confusing to people. Well, we’ve got the new striping, but then we’ve got lane closures and everything. I think it would probably be more confusing than helpful at this point, particularly when the appearance is that the public wants to go ahead with the three- lane program. So, I’ll be voting for this.

COUNCILMEMBER MEYER: Jeff and then Mickey.

COUNCILMEMBER SANDIFER: You know, going off the study --

COUNCILMEMBER VAUGHT: Mickey.

COUNCILMEMBER SANDIFER: Oh, Jeff and then --

COUNCILMEMBER MEYER: I have Jeff and then Mickey.

COUNCILMEMBER SANDIFER: Jeff, sorry.

COUNCILMEMBER MEYER: Everyone wants to be.

COUNCILMEMBER VAUGHT: It’s hard to be me. You know, Mickey, you said something that I don’t necessarily agree with. And, you know, you’re implying that

Page 12 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 somehow we haven’t had public input on this and would be cramming it down the public’s throat. And I don’t think we have a single project that I’ve seen since I’ve been on the Council that we’ve spent more time and more public input on than this. I mean we’ve had multiple meetings. We’ve got consultants. We’ve got, I mean, we’ve done -- studies were taken. I mean, for the first time, I shouldn’t say the first time, but this is one of those times where we’ve truly gone above and beyond and we’ve advertised that and we’ve welcomed as much public input as we possible get. So, you know, if we wait several months and do this all at once this is going to be a surprise for everybody. This is what the people engaged showed up and said this is what we want. It’s been in the newspaper. And it’s been, and, you know, I didn’t get a rash of e-mails after it was in the newspaper telling people, no, don’t do this. I know I’ve talked to a lot of business owners. There’s a couple up and down here that don’t want it. There’s one that doesn’t want anything no matter what we do. And we all know who that is. But most of the property owners and most of the business owners I have spoken with support this. And it’s really what we’re talking about. You know, you talk about 40 years ago a two-lane road, so this kind of plays into what Mr. Jenkins said is why are we doing this. And honestly, when you look at it, how does Nieman Road look? I mean, 40 years ago, we changed it to a four-lane road or whenever it happened, what has it done for Nieman Road? I mean, yeah, you can get from Shawnee Mission Parkway from Wyandotte County to 75th Street or Shawnee Mission Parkway quick. But what has it done for downtown Shawnee? Because it hasn’t improved it any. It hasn’t gone up. I mean, honestly our downtown in Johnson County has some of the cheapest rents in the area in Johnson County. Cheap rents. And that’s because it’s just not a desirable place to be right now. That’s a fact of life. So, we could just keep doing the same thing and keep coming up with the same results and keep hoping that something will change without our intervention, or we intervene and we do something and we do like all these other cities have done and we make it happen.

I was just -- when we had our little break here I took off to the east coast. And on the way back, I drove up there and back, and I made it a point -- I drove to Boston and back and made it a point to get off the beaten path and we hit a lot of small towns. And so one of the ones I was completely impressed what Champaign, Illinois. And it sounds like you’ve been there. But you come off the highway, you go down a four-lane road. And as you come into the downtown, two lanes. Not even a center turn lane, it’s two lanes and not really any street parking. It narrows down. You’ve got this little cool triangle courtyard downtown. The band is playing. It’s a Friday night and there’s people everywhere. Traffic was congested, but traffic is not a bad thing. We have this idea that, well, we don’t want any traffic. Well, no, you do want traffic because traffic means business. It means people, it means dollars. It means people are doing something, it’s an activity. But it was awesome. I mean, you had a brew pub next door or a, what’s it called, a gastropub. I don’t know. Anyway, it was alive. I mean, it was a cool environment.

And you got out that zone and it came, you know, when you got away from the two lane it looked like that. It looked like Nieman Road. When you go to the two lane everything was new. Sidewalks, everything was beautiful. Cool courtyard. People walking up and down and it was tight and it was -- everybody was there and it was a gathering center. It works.

There was another city I was in, I can’t remember the name of it. But even Gettysburg. We went to Gettysburg, Pennsylvania. What is amazing is their town square, their center. You know, four or five highways, all these lanes come together. They’re two

Page 13 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 lane. They all converge in a big roundabout downtown. A lot of traffic, but it didn’t seem to hurt anything because people were all over. It works.

But I would say, I mean, to answer, I mean, I know there’s kind of this why are we doing this. I go down Nieman and I just look at empty buildings. I look at bars on windows. I look at what, two or three automotive repair centers, a parts store, a parts store that left. You know, the last retail empty building it had got filled by a discount smoke shop. You know, we can do better than that. But what we’re doing now isn’t working. So, I guess we can all sit here and sit on our hands and that’s kind of what I feel like Mickey is saying, well, you know, we went to four lanes, now what are we doing? Well, we’re trying to make it better. I guess my concern back to doing this is I can see kind of where this is going with a few is we’re going to put it out there. The public is going to oppose it and that gives more reason to come up here and kill this project that we’ve worked so hard to get and the public supports it. We’ve done our homework. They support it, they want it.

COUNCILMEMBER MEYER: All right. Mickey.

COUNCILMEMBER SANDIFER: And going off the recommendation of our consultants who recommend re-striping it first. When we first brought this thing to the public our first initial decision was to re-stripe. That’s why we came up with that money and budgeted it so we could re-stripe it. Let the public know what we were trying to do and give them a heads up. You know, no matter we do to this project the strip center that has the smoke shop and has the auto parts store that disappeared, he is not going to put any more money in that center. He is not going to fix it up. It doesn’t matter how many millions of dollars we throw out in front of it, he isn’t going to put any more money in it. It doesn’t matter how many millions of dollars we throw out at Johnson Drive and Nieman Road, that Aztec Theater across the street is not going to open. It doesn’t make any difference. We can throw out as much money as possible. Now, Dan Pflumm owns the building across the street. We widen it 12-foot, give him a bunch of space on the side, it’s going to look good for him. Jeff Vaught bought a building up the street hoping that if can develop this, make this all good, maybe these guys can rent it and make some money. Maybe they can’t. But the fact is we have other people down the street, you know, we have Donovan’s Service, which I’m sure is probably one of them that want it on the other side of the street on the trail, you know, he has very little room up front now, a little bit more, whatever.

COUNCILMEMBER PFLUMM: He would get more.

COUNCILMEMBER SANDIFER: I’m not against this project. I’m not against it. But what I’m pushing for is what we initially started which was let the public find out what we’re going to do, re-stripe it. And we discussed this and that’s what everybody decided to do and now everybody wants to not re-stripe it and just do the project. So, I’m not against the project, but I’m not going to support the project unless we re-stripe it first. And that’s where I stand.

COUNCILMEMBER MEYER: Is there any further discussion from the Council before we open for public input? Okay. Is there anyone from the audience who would like to speak to this item? Okay. Well, seeing none there, we have three actions on the item to consider. The first is recommending that the Governing Body accept the Plan Report. The second is a decision about the re-striping. And lastly, is direction to staff

Page 14 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 regarding moving forward with the project. And because of the discussion, I might separate those into three separate motions.

a) Recommend the Governing Body accept the Plan Report

COUNCILMEMBER MEYER: So, I would accept a motion on the acceptance of the Plan Report.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER KENIG: Second.

COUNCILMEMBER MEYER: All right. Is there a second. I have a motion and a second. All those in favor say aye.

COUNCILMEMBERS: Aye.

COUNCILMEMBER VAUGHT: That’s only the Plan report?

COUNCILMEMBER MEYER: Opposed nay. Just accepting the plan report. Yeah.

COUNCILMEMBER VAUGHT: Okay. Aye.

COUNCILMEMBER MEYER: Okay. Opposed nay. All right. Motion passes.

[Therefore, the motion was moved by Councilmember Neighbor and Councilmember Kenig seconded to accept the Plan Report. The motion passed 8-0.]

b) Recommend to not re-stripe and save the budgeted $80,000.

COUNCILMEMBER MEYER: Okay. The second, I would accept a motion on a decision about the re-striping. Jeff.

COUNCILMEMBER VAUGHT: I move that we do not re-stripe, temporarily re-stripe. We save the $80,000 to use on the project.

COUNCILMEMBER MEYER: All right.

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER MEYER: I have a motion and second. All those in favor say aye.

COUNCILMEMBERS PFLUMM, NEIGHBOR, VAUGHT, MEYER, KENIG: Aye.

COUNCILMEMBERS JENKINS, KEMMLING, SANDIFER: No.

COUNCILMEMBER MEYER: It sounds like I have three nays, Councilmember Sandifer, Councilmember Kemmling and Councilmember Jenkins. With that, the motion passes.

Page 15 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 [Therefore, the motion was made by Councilmember Vaught and Councilmember Neighbor seconded to not proceed with the temporary re-striping of Nieman Road. The motion passed 5-3, with Councilmembers Jenkins, Kemmling and Sandifer voting nay.]

c) Direct staff to move forward with the project.

COUNCILMEMBER MEYER: And the last motion is the direction to staff regarding moving forward with the project.

COUNCILMEMBER NEIGHBOR: So moved.

COUNCILMEMBER VAUGHT: Second.

COUNCILMEMBER MEYER: I have a motion and a second. All those in favor say aye.

COUNCILMEMBERS: Aye.

COUNCILMEMBER MEYER: Oppose nay. All right. Motion passes.

[Therefore, the motion was made by Councilmember Neighbor and Councilmember Vaught seconded to direct staff to move forward within the Nieman Road Corridor project. The motion passed 8-0.]

2. DISCUSS THE SHAWNEE TOWN 1929 STRATEGIC PLAN

COUNCILMEMBER MEYER: Okay. Moving on. The second item is to Discuss the Shawnee Town 1929 Strategic Plan. I’ll let them tear down for a moment. Thank you. Thank you.

In 2004, the City Council adopted a strategic plan that provides the overall direction and outlines major projects necessary to achieve the goals and objectives for Shawnee Town 1929. Charlie Pautler, Museum Director, will present an updated ten-year plan. Welcome, Charlie.

MR. PAUTLER: Thank you. I passed out a Calendar of Events. I also want to pass out our Time Travelers brochure at the conclusion of my talk as well as our rack card. And all of those are new brochures for this year. I just want to show the diversity of the programming that we do at Shawnee Town Museum. So, it’s a pleasure to be here. I’m Charlie Pautler. I’m the Director at Shawnee Town Museum. I’ve been there for four years now. I just celebrated my fourth year anniversary just a couple weeks ago.

So, it’s a pleasure to speak to you today and to talk about where we’ve been the last ten years briefly and then really where we want to go the next ten years. I do have some of my key staff with me today. I’ve got two curators, our Curator of Education Sharon Uhler back there. Our Curator of Collections, Shannon Hsu right there. And between the two of them that’s all the education programming, all our public interface with the school kids to seniors and all of our collections and interior work, reconstructions, and our collection development and preservation of our objects. So, that’s basically the institution there.

Page 16 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 I also wanted to introduce our Friends of Shawnee Town board members. We’ve got Kevin Fern, Cindy Ridgeway, Pat Lyles, and I think there was one more here earlier, but so. But the Friends are very important. I’ll mention them at a couple times in our program tonight. But they provide advocacy for us, public understanding and they also provide funding for us through various events where they raise money and awareness. So, with that, I’ll go ahead and launch into our plan.

[Shawnee Town 1929 Strategic Plan 2015-2025 slide] So, this is our Strategic Plan that really programmatically we’ve already started implementing the things that don’t really cost a lot of money yet. But I wanted to take you through our programs and also our building developments, what we have on tap, what we’d like to do the next ten years.

[History Mattered: 1966 slide] So, it all started here 50 years ago with what was known at the time as the Old Jail. There was a -- this was a grassroots effort by a group of concerned citizens in Shawnee called the Shawnee History Society. They mobilized when after World War II all of the suburbs sprang up in Johnson County. Everybody here knows the story. Homes and new shopping developments, they started to overtake our historic architecture. This is a problem all over the United States and also in Johnson County. So, some concerned citizens and got together and preserved -- this was the second attempt. It was a successful attempt. The first one, the wagon master’s house was not successful, so they were not able to save it in 1959. By 1966, they had secured this building. Moved it to Bluejacket Park which was a county park at the time, eventually given to the City of Shawnee. This was going to be the beginning of a place called Old Shawnee Town. So, that’s --

[Ten Years After: Shawnee Town 1976 slide] I’m going to fast-forward another ten years. So, kind of a bird’s-eye view of what had happened since then. I don’t have a -- every museum director carries two pointers. Oh, it’s on my mouse. Ever museum director needs good IT support.

Over here there is the stone building that I mentioned and then the west block was built in 1967-68 right here. Funeral home, general store, stage and the Shawnee State Bank. And then the bandstand was built in 1968. In 1975, the Hart Home, which is what we called it then, was moved there from 75th and Quivira. So, that’s what it looked like. Town Hall as you can see, and this is Johnson Drive back over here. Town Hall was not built yet until 1982.

Old Shawnee Town in the 1960s and 70s, 80s into the 90s was -- the historical society did a great thing. They preserved some buildings that were threatened by demolition. They reconstructed some buildings to interpret our early life ways. Really in the 19th century into the 20th century. But the time period interpreted was very broad. But they preserved the buildings.

[History Mattered in 2004 slide] Eventually as we moved through time the historical society members are getting older, they’re looking for the future of their institution. They want Old Shawnee Town to survive. So, they look to the City of Shawnee as that partner. So, it becomes City property in 1998. And with that the hiring of the first staff. Most importantly the focus and convening citizens together, stakeholders, the City Council of Shawnee, the Mayor, City leaders, Parks and Rec staff. We are part of the Parks and Recreation

Page 17 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 Department. Teachers, educators, concerned citizens. To figure out what do we want to do with Old Shawnee Town.

The thing that they came up with was approved by the City Council in 2004, and that was to interpret the 1920s. And the 1920s, specifically truck farming, the rural community of Shawnee really before World War II came in and changed everything. World War II was a game changer globally, nationally and to our city. So, before World War II you had a rural economy. We had 550 residents of Shawnee. And all the businesses in the small town proper supported that rural economy. And that’s what the original planning committee decided to tackle. And that’s what we’ve been working on the last ten years.

[Okay...so...WHY the 1920s? slide] So, I’m going to take you through, okay, so why the 1920s? I like fun graphics. Who doesn’t like fun graphics?

[The 1920s, and specifically 1929 slide] Some of the reasons why was the City was incorporated in the 1920s. The Mission Theater opened in 1927. Americans loved cinema as much back then as we do today. We gather around the water cooler at work and we talk about what movies we’ve seen. If it was a nice art film, if it was a blockbuster. They did the same thing back then. It’s the jazz age. It’s the radio age. It’s the age of prohibition where you could not buy or sell alcohol. That was a huge thing in our history and we get to talk about all those things because that’s the time period. A weekly newspaper was established that year that talked about, reported on what Shawnee citizens were doing, the good, the bad and the ugly. It’s all in that county newspaper column. And it was 1929, of course, you remember from history, it was a watershed year in our nation. It was the beginning of -- the stock market crash happened that October and then the Great Depression happened soon after. So, we get to talk about how Shawnee was affected by it and how it survived the Great Depression.

And lastly, the 1920s provides a niche. Nobody else in Kansas City talks about the 1920s and 30s like we do. And we are only one of three museums in the nation that talks about this epical time period. So, one is California, one is in Minnesota and then we’re here.

[The Construction Begins slide] So, the construction began about 2007 to realize that first strategic plan. And here we are. We’re looking at Garrett’s Grocery Store and the Undertaker establishment.

[Reconstructed Liestman’s Ice House slide] The first building completed was the Ice House. And in each building, I’m giving you the real basic version today, but in each building we talk about a multitude of themes and why are they important. Ice houses, of course, this provided refrigeration for all the rural families in Shawnee. Only in town did you have electricity. So, some people in town had refrigerators. Out in the rural area they delivered it, first by wagon and then by truck. Every time that somebody put a card in their window saying what kind of block of ice they wanted. So, it was very important for the refrigeration of food and the health of our community.

[Reconstructed Yotz Typewriter Shop slide]

Page 18 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 Yotz’s Typewriter Shop. Yotz is a colorful character that you couldn’t -- if I tried to make this stuff up, I probably couldn’t because he was a World War I veteran. He was a real estate magnate. He was the City Clerk. He was a contractor. He built the City Jail, which I’ll get to in just a second. He was cantankerous and he ran a mail order business where -- it was a brick and mortar store in Shawnee, but yet it was mostly through mail order. So, people would send him their sick typewriters and adding machines, he would fix them and mail them back. He advertised in a lot of different journals for his business.

[Reconstructed Bouseman Barber Shop slide] Bouseman Barber Shop we built -- we opened that the same year. It’s a den of activity. We have school programs going on where we talk about the, you know, a barber shop by the 1920s, this was more of a science. You had to go to school. You had to be trained to be a barber. You had to have a health certificate. That you had to be certified by the state of Kansas to practice barbering.

We brought in Locks of Love. Sharon came up with this program two years ago where women, it was mostly women, came in and donated their hair to cancer survivors to be made into wigs. So, we try to get civically engaged with our community as much as we can.

[Shawnee City Jail slide] The Shawnee, the spacious, I should say, Shawnee City Jail. This was the Justice Center back in 1926 when it was built. And it was just one room. They had at least one cell in it, possibly two. The police officer was part-time. We did not have a full-time police officer yet. They were mainly stopping people for traffic violations for speeding through town. It was a bit of a racket back in the 1920s. It was a way to raise funds. And also prohibition was going on. So, the buying and selling of alcohol was really the main thing that they were getting people for. We didn’t have crime as we do in modern society. They had crime, so the hardened criminals that they would get, they would go to the county lockup in Olathe.

[Garrett’s Grocery Store slide] A grocery store. The 1920s was the first era really of modern advertising as we know it. When we go into a modern Hy-Vee in Shawnee we see all the advertising, whether it’s on a label on a can or big advertisements, blow-up beach balls or blow-up bananas or, you know, sticks that dance.

[Interior view slide] So, here we really have that first flavor of that. And I credit Shannon Hsu to that. She is the detail person. If it was up to me I guess none of our cans would have labels. But when the public walks into this space they’re really transported back to the 1920s because they see all that advertising. We had a beautiful partnership that continues to this day with Avila College. And there’s students in their interior design program partnering with us and another contractor [inaudible] and they produced all of these labels. So, it gave them projects to work on towards their graduation and it gave us a more affordable product than if we had just gone straight to a contractor.

So, a lot of the brands are recognizable, some of them aren’t. Shannon and her volunteers contacted every company, because every one of these companies is now owned by somebody else, to get permission because we didn’t want to have a lawsuit.

Page 19 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 And, Carol, we don’t want you to get in trouble with lawsuits. Ellis. So, that’s the grocery store.

[Undertaker establishment slide] Undertake establishment. Again, we talk about the change in an industry. Every building you walk into we talk about the way that industry was 30 years ago in the 19th century and the way it is in the modern dawn of the 20th century and how it is today. So, we try and draw relevance from it. Undertaking was -- that’s the outside. Well, you can tell from the outside that it was a retrofit 1890s building just by looking at it.

[Interior views slide] The inside was retrofit for a modern embalming room in the lower left. Seating area. They were bringing funerals from the family home now into a neutral place where people could gather. And offices and private waiting area for the family, this is a very interesting building if you haven’t been. And we talk about death. We talk about -- not with small children, but with families that are mature enough to handle it we talk about that last part of life and how that really changed in the 1920s moving the funerals from the family home into a neutral facility.

[The Farmhouse and Truck Farm slide] The Farmstead opened in 2013. I consider this kind of our crown jewel. A lot of work went into it from everybody at the City. Our Parks staff helped rehabilitate the buildings, help move the buildings. Remember that photo I showed you from 1976 of the Hart Home out on the main, the east side of the museum campus, it was relocated once again, the final time I might add, to an area where the City pool was in Shawnee. So, those of you that might have grown up in the 60s, 70s and 80s, there was a big city pool right there. So, now we have not only the farmhouse, but we have all the outbuildings that you would have seen on a truck farm.

[Garden slide] All the varieties of vegetables that we grow are authentic for the late 19th century and early 20th century. We know what Shawnee farmers were growing because we have K State, they were putting out agricultural reports almost every year on what specific regions of Kansas were growing. So, we know what this part of Johnson County was growing, what kind of chickens they were raising, what kind of cattle, what kind of vegetables.

So, and what’s interesting about Shawnee, Kansas is these were all truck farmers which means they’re taking their truck produce to Kansas City, Missouri. They’re not just selling it to Kansas Citians. That’s what’s the most interesting thing I think about this. We are becoming a major food distribution point. So, what we grow, the spinach, the tomatoes, the okra that we grow in Shawnee, Kansas is being sent out to Denver. It’s being sent to Chicago. It’s being distributed to areas that are much cooler than we are and they have as long of growing seasons. So, that’s one thing we’ve really found out during our research phase is how some small farm in Shawnee, Kansas was really helping feed the middle United States and into the westerns United States.

[John Deere and 1929 Ford slide] We talk about change again at the truck farm. This was the most modern building of the farm. This was the Marketshed and we have the 19th century technology that was still widely used in the 20s. If you were to go downtown to see a movie in 1929, you would have maybe parked your Model T or your Model A next to a farm wagon or a buggy.

Page 20 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 So, it was that change in technology. Some people were still hanging onto the old, but we have the new, this Model AA 1929 Ford pickup truck which at one time was driving by Councilman Sandifer in the 70s.

COUNCILMEMBER SANDIFER: It was.

MR. PAUTLER: He keeps wanting us to put a plaque on it. I’m joking. Just for the record I’m joking. So, this is a popular place for school kids because they get to come in and see where the vegetables were processed, where the only running water on the farm was in this building. It was plumbed in from the well. And the kids, you know, kids with little fingers, they were the ones that washed the vegetables. They were the ones that bundled the vegetables, put it in the baskets, helped load the truck. So, kids are learning all kinds of skills when they visit us in 4th grade or 5th grade.

[1927 Nash slide] This is a good place to also talk about our Friends of Shawnee Town group. They pay for all of the fixtures and furnishings in the buildings. The way that we’ve worked it so far is the City, out of my City budget and the tax money from the liquor fund, that pays for the buildings. And private fund-raising pays for the building construction itself. The Friends of Shawnee Town, they pay for all the artifacts. From the biggest such as a 1927 Nash down to the paperclips in the manager’s -- the owner’s office for the undertaker. So, they pay for everything. And all the curtains, the wallpaper, that kind of thing. So, it’s a good relationship that we have them. And we wouldn’t be able to do it if we didn’t have the Friends.

[...but what are buildings without people? slide] But what are all these buildings without people and programs? So, we try to make history come to life. And we don’t, you know, 20 or 30 years ago museums, because we didn’t have the Internet, because we didn’t have Facebook, because we weren’t enamored with our cellphones looking at them all the time. There, I finally found mine, we didn’t have large plasma TVs in our homes. People got out more. So, generally you would build it and they would come. Now, they don’t necessarily come if you build it. Now, you have to market the heck out of it and you have to make it relevant. So, we have to make a connection to our lives, to our modern lives today. We have to give people a reason to want to come out and see the old way and draw relevance from that.

So, that’s Sharon in the photo there. She’s teaching the children about gardening, about open-pollinated corn and how it’s different than our modern hybrid corn. Why it’s important to the people of the 1920s, where it would be distributed, how it’s planted.

[Kansas and Missouri curriculum-based programs slide] The school kids help us plant our garden. Another school group will probably help us harvest a lot of our garden in the fall. So, it’s a constant year cycle. We start in April with the school kids planting and we finish in October. So, we have a living history program. We have an educational program that is designed mostly for 2nd through 5th grade, but we take all grades. And we’ve designed our school programs specifically around the curriculum standards. And those curriculum standards change every few years. So, Sharon is on it. I’m on it. We’re studying what the modern curriculum is and how to design a program around it. So, we cover curriculum in various points in history. Of course, social studies, those are kind of the obvious ones. But also now science, reading and math. There’s a lot of math that would have been done a truck farm.

Page 21 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 There’s a lot of science in the form of how a seed grows and what happens to it eventually and how it pollinates.

[But there’s still work to do slide] But that’s really what we’ve done so far. And now I’d like to focus on the work that we have to do over the next ten years. And these are two of our volunteers on the bookends, Jim and Pat, and then JoJo is our new museum assistant that we hired back in the spring. And she has helped really bring the program to life this summer. So, she survived the summer of a hundred degree heat so many times and she still comes to work every day. So, we’re proud of that.

[The updated Strategic Plan 2015-2025 slide] The updated Strategic Plan. We’re really taking those ideas from 2004, what we’ve learned and we are flushing it out and this is a plan for completion of Shawnee Town. So, it’s divided into six construction phases. And again, this is based on what has worked so far and what hasn’t. And each one of these construction phases is kind of independent.

So, we have funding right now, most of the funding set aside for the first phase. The second phase is going to be a phase where we have to fundraise it ourselves. While we’re doing that maybe we will accumulate more money for the third phase. So, what I’m saying is we might do Phase I, then Phase III, then Phase II, then IV, depending on what we have the money for.

I’d like to point out that we’ve been very responsible and we don’t spend money that we don’t have. We don’t put the City in a lurch. I don’t have to go to my Friends group and ask for an extra 40 grand real quick by Friday. So, we try to spend responsibly. Unless they give it to me, of course.

[Phase I slide] So, the first phase is planning, grading, utilities and starting the west block and then starting one building on the east block. Let’s see. We’ll enclose the storm creek. We’ll be filling that in with dirt, planting for more green space in the intervening years until we build a visitors center. I’ll get to that in just a moment. We will repair that first building that was brought to Shawnee Town in 1966, that stone building. It’s in need of a roof. It’s in need of some tuck-pointing. So, it needs some care. And we will begin construction of the Chevy dealership over on the east block. That’ll be next to the typewriter repair shop. And then we will turn our attention over to the west block and begin that with the gas station which also doubles as the fire department.

The Shawnee Fire Department back in the 1920s operated out of a garage, a private garage in town. And I had the pleasure of meeting with Chief Mattox a few weeks ago and the Fire Department is on board. They’re excited about the new opportunity. He’s even offered to maybe bring their REO fire truck maybe for a special event or two. So, we’re excited about that. And Neil will make sure that it will fit in the garage if it rains. We won’t let it get wet.

So, that’s Phase I. That will replace the dilapidated funeral home, the Shawnee State Bank and the dry goods store. At first, we planned to take the funeral home, the state bank and the stage. We will leave the dry goods store up for a few years because we have an issue with storage space for our collection. That is the building in the best shape of all of them. The other ones we have severe mold, we have severe rot.

Page 22 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 The funeral home was built on telephone poles for footings. There really were no footings. It was built on telephone poles and those have long since rotted and it’s kind of hanging there.

The State Bank, the parapet looks like it’s wanting to move inward. They’ve done some bracing over the last few years, but we have not occupied those buildings for four years now, so those will be coming down.

The cost will be paid for from Fund 207, which is our Liquor Tax Fund.

[Firehouse/Gas Station and Fisher’s Chevrolet Dealership slide] And that is an historic photo of each building, the firehouse/gas station and the Chevrolet dealership which was Fisher’s.

[The West Block slide] The continuation of the west block, the completion of the west block includes the new Shawnee State Bank. This is a more historically accurate representation of what is there now. It had a side, you notice kind of on the side of that there is a -- the main door was on the corner. And then the Tom Davis Dry Goods store, the drug store and then an electric store. An electric store back then was a place where you went to go buy a toaster. They sold electric appliances. So, that’s an artist rendering by Charlie Goslin. He did the first rendering for us back in 1966 and he did this rendering for us just last year. So that, again, it’s the State Bank, dry goods store, drug store and then electric store.

These we will built all at once, but they will be furnished one at a time. I want Shannon to keep coming back to work. Because to furnish a building in an authentic manner, it takes -- it’s a monumental undertaking just to get all the details right. We don’t cut corners because we want our visitors to be transported back in time. So, we’re going to be opening those one at a time.

[Phase II slide] And this will be, the price tag of $819,000 will be fund-raised through private and corporate donors. There are a couple different corporations that we’re going to be approaching here very soon, Neil and I, and we will take our drawing of that west block and what it’s going to look like. We have success with that in the past. So, we hope to do that again.

[Shawnee State Bank-Tom Davis Dry Goods Store-Goddard’s Electric Store slide] Historic photos of those buildings.

[Phase III slide] Renovations of the Trail Café and the firehouse. The Trail Café is really our -- it serves as a classroom. It also serves for the Optimists when they provide food for our large special events. They operate a food kitchen out of there. So, that will get new wiring. It’s getting a new roof right now actually. It will have updated appliances. It will have an updated restroom that’s handicapped accessible.

And then the firehouse is in about the same condition as the undertaker is now. So, that will be taken down. And what I would like to do is use that -- we do not have an area where kids, where classrooms can picnic outside when it’s inclement weather. So, I want to add a picnic pavilion with a roof that will enclose everything. That will

Page 23 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 encourage more family reunions to come our site and school groups. So, that amount of money will come from Liquor Tax Fund 207.

[Phase IV slide] The Visitor Center. Right now we don’t offer much in the way of visitor services. So, visitor services means, well, having a presence for number one. We have a lot of feedback on people that kind of are a little bit frustrated when they get to us because there’s not much signage and they don’t know where West 57th Street is. It’s kind of a hard visitor center to find right now. We will be moving that visitor services building over to the Johnson Drive side. It makes a lot more sense for people to be able to find us.

And then we will be providing things like visitor restrooms to them there, an orientation space, a classroom, and a library where we could lend books. A museum exhibit that talks about what Shawnee was like before our time period and well after our time period. And offices for the staff.

Right now we’re kind of retrofit into broom closets and copy rooms. We make it work, but we’re in need of -- once the program is developed this far we’re going to need real offices. And the close proximity will be right next to Town Hall, so that will give us a better presence for rentals.

And the Trading Post, which is where our visitor center is right now, that will be retrofit. And I don’t think it will take a lot of retrofitting to make it into a full-time collection storage unit. So, by moving more of our artifacts on-site, and we have a couple satellite facilities right now where we store our large artifacts especially off-site, so we won’t have that need anymore. So, we’ll have more of our artifacts under one roof at Shawnee Town. Not all, but most.

So, this is a hefty price tag as well, but it’s one that we will go back and raise money from private funds.

[Phase V slide] Our last historical reconstruction will be Dr. Sullivan’s residence. And he was a prominent doctor in town all through the early to mid-20th century. And there it’s going to be located between the West Block and the Farmstead so people will encounter it on their way to and from the Farmstead. There people can compare and contrast modern living in the 1920s, i.e. running water, electricity, flush bathrooms with those lack of facilities at the Farmstead. So, it’s going to be a wonderful compare and contrast. And that will come from Liquor Fund 207.

[Phase VI slide] We are very involved with civic engagement. That’s kind of a museum and education word that’s been floating around for about 15 to 20 years, civic engagement. What does that really mean? Well, that means connecting with your community, public interaction, making your museum so that people that wouldn’t ordinarily come to a museum, they’re there for maybe something else like Old Shawnee Days. I’ve got a picture of Liverpool there. They come to the concert. How many did we have for Loverboy this year? 40,000 people that came for that concert. They come for another reason, to recreate, to have a family reunion in a safe environment. But then they discover the educational things while they’re there. And we’ve had a lot of repeat visitation. Each year we have more and more of that. So, we are being discovered. We’re not really a best kept secret anymore. And I don’t like us to be a best kept secret.

Page 24 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 And so we’re getting -- through civic engagement we are offering public events, these special events I list here, concerts, community events. We’ve got a craft fair that our Friends put on. Old Shawnee Days put on by the Old Shawnee Days local committee. Historical Hauntings and Christmas around Town. So, all of those we offer at Shawnee Town. And they began that in 1966. The historical society understood civic engagement before the rest of America understood civic engagement.

[The finished layout for Shawnee Town 1929 slide] So, this is what the final layout will look like with all the different buildings. The buildings in gray are the ones that we already have in place. The Farmstead is up here. The grocery store, ice house and undertaker is right here. The typewriter, barber shop, and stone building and jail are back here. This is the Trail Café and this is the old -- no. This is Trail Café. This is the schoolhouse. I’m sorry. Let me go back. Technology. I’m from the 1920s, folks, it’s hard. So, this is the -- so, this will be the picnic pavilion. Then we’ve got Doc Sullivan’s house right here. A performance space on the back of Town Hall. Then we’ve got the gas station/firehouse, Shawnee State Bank, the dry goods store, the drug store and then the electric store. And then across here the first building that we’ll be building after this is the Chevy dealership right here, Letter D.

[Event photo slide] So, these are just some photos taken from some of our events. I probably have some explaining to do later.

[Inaudible; conversations off microphone]

But we have the Police Department out for all of our events, they provide public safety. But they come out and give out candy at Historical Hauntings. And the top photo is of our spring, our summer concert series that Sharon organized starting three years ago now. Jammin’ on the Green, which has become very popular. So popular we added an extra concert in September starting last year. So, by September, maybe it’ll have cooled off a little bit this year. But we’ve got another one coming up.

I passed out the Calendar of Events just so you can see the diversity of the programming that we offer. Most of these we didn’t offer even three years ago. So, take a look at those.

[Earned revenue 2004-2015 slide] Now, for some numbers. Earned revenue. Since the last strategic plan, the total income was a little over $75,000. Now as of last year, the last complete year was $123,000. We bring that in primarily through rentals of Town Hall, wedding receptions, corporate meetings, retirement parties, family reunions and program. Program means school programs. It means our living history program. It means any kind of mission- based program that has an educational component to it.

[Overall Attendance slide] And then overall attendance looks pretty good. The one caveat I will throw out there with overall attendance, it depends on what the weather is like for Old Shawnee Days. That really affects our attendance. It really rained in 2011, but this year -- this last year we finished very well, 145,000 people annually for our visitation at Shawnee Town 1929.

Page 25 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 School programs have gone from 1,800 to 2,300 as we build our curriculum. And our mission-based programs, those are other mission-based programs, 1,600 people, children and families. So, that is an area that is continually growing, both of those sides, the rental side and the program side.

[Revenue and expenditures slide] These are our revenue and expenditure figures. The one thing I want to point out that isn’t reflected in these numbers are the two hotels that will be coming into Shawnee. Those will be providing some revenue for us that is not reflected in this table.

[Shawnee Town 1929 partners slide] We don’t operate in a vacuum. We don’t operate alone. We are a part of the City of Shawnee. We’re part of the City Parks and Rec Department. We have a healthy Friends group. We have a very supportive City Council and Mayor. And we always have and I’m very appreciative and my staff is as well. So, these are all of our partners. You know, I call Mel when I need help with my computer in IT. We have local businesses that Sharon calls when we’re getting money for sponsorships for the Halloween program. The Shawnee Chamber, Visit Shawnee. Kevin calls me when he would like me to come out and talk to a group I’m more than happy to do that. And Kevin and what’s formerly known as the Convention and Visitors Bureau, they’ve been extremely supportive.

I came from a site -- I’m from this area originally, but I spent 17 years in Minnesota where we didn’t have a close relationship with our CVB because they just didn’t get it. Well, Kevin and Visit Shawnee, they get it. So, we’re very appreciative of that.

And all of our volunteers. We could not do our interpretative programs with just the professional staff that we have. We have several hundred city-wide, but we have about 20 to 25 really dedicated living history volunteers that stay out in the grocery store and undertaker shop when it’s 105 degrees inside. They sweat. They put their blood, sweat and tears into the place and it really shows because our numbers have really gone up.

[Friends of Shawnee Town slide] So, the Friends, again they raise money for us. They raise awareness. And they put on the Craft Fair, which is coming right up the middle of September. And they also offer for our kids, our poorer schools that can’t afford to come to Shawnee Town, they provide a bus subsidy for that. They spent almost $3,000 last year in helping to get poorer schools to come and visit our educational programs and participate.

[Historic photo slide] So, I’ll leave you with this, a historic photo and a photo of Amelia Earhart and Jaden. So, the two women on the left, these were Shawnee truck farmers. They spent their lives working with their hands, working in the heat, working in the cold. And we’re privileged to be able to interpret their lives today.

[The End slide] So, with that, I can open it up to any questions you might have.

COUNCILMEMBER MEYER: All right. Thank you, Charlie. Any discussion? Jim?

Page 26 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER NEIGHBOR: Yeah. Charlie, I just would like to say good job and I appreciate your vision and forethought for the next ten years because it looks like it is going to continue on in the spirit it has.

MR. PAUTLER: Thank you.

COUNCILMEMBER NEIGHBOR: And we’re rolling in the right direction. The other thing, a huge shout and thanks to the Friends of Shawnee Town because this wouldn’t happen without your folks’ efforts.

COUNCILMEMBER MEYER: Dan.

COUNCILMEMBER PFLUMM: I kind of want to echo what Jim said. It looks like a great plan moving forward, and so, you know, good luck getting everything done. And I think you’ve got a lot of support behind you. And thank you everybody, everybody in the City of Shawnee that supports you. It’s been around for a long time. I think there’s a lot of, you know, sweat that went into that place. And anyway, and so thanks.

MR. PAUTLER: Thank you.

COUNCILMEMBER MEYER: Jeff and then Brandon.

COUNCILMEMBER VAUGHT: I agree. It’s interesting to watch this evolve, so it’s fun watch. You know, what I think would be interesting is if, you know, I’m not originally from Shawnee and a lot of people that visit they probably don’t understand kind of where that was. It would be interesting to have a map that kind of, you know, a big oil picture, you know, of today’s Shawnee and then link each -- a link from -- and then a map of that and link each one of those buildings of where it actually stood in Shawnee.

COUNCILMEMBER SANDIFER: They have that.

MR. PAUTLER: Yeah.

COUNCILMEMBER VAUGHT: Where is that?

COUNCILMEMBER SANDIFER: In his office.

COUNCILMEMBER VAUGHT: Well, no, but I mean like an outside one. Like where for visitors could walk in -- unless we can all visit your office and just funnel through.

MR. PAUTLER: You know, there’s different ways to capture that information through Survey Monkey or using our modern technology. And one thing I haven’t really talked about much is the use of modern technology and really the program side of things. There’s a lot of ways to interpret our history to people other than using living history. Luckily, we have a huge core of volunteers to deliver those programs. But there are signs we can use or there is utilizing that thing I picked on earlier that we all look at frequently, using the Internet, using a mobile website, using -- and we started doing oral histories, what, 12 years ago, somewhere in there 15 years ago, interviewing people while they were alive who were truck farmers in the 20s and 30s, getting their first-hand accounts in their voice. And wouldn’t it be wonderful to be able to walk into the Farmstead if we don’t have a living history interpreter and be able to hit that interview and we just -- you hear some of the high points in their voice of what their life was like in

Page 27 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 that kitchen. So, I haven’t answered your question, but there are certainly ways to capture that information of where people are visiting us from, whether it’s in various part of Shawnee or all over the world.

COUNCILMEMBER MEYER: Brandon.

COUNCILMEMBER KENIG: And you actually hit on exactly what I was going to suggest. I mean being able to incorporate technology, and so many of these museums have, you know, the walkie-talkie functionality where you can get the first-hand interpretations. But more cost effective is being able to do it from your cell phone and just being able to as you go exhibit to exhibit play that recording. But I just want to echo, I mean, this is truly a visionary plan. And I’ve really come to really love just the diverse programming that you guys have and put on every year. It’s really quite remarkable. And I think the Speakeasy series is something that’s great because it draws in a younger crowd as well and gets them excited. And the speakers that you guys are able to attract are always fascinating. They always tie national themes of what happened during the period back to what was happening locally. And they’re well- attended. And I’ve gone to as many of them as I can and have brought others to them. But you guys just do a phenomenal job with the program and I think that stands out, so.

MR. PAUTLER: Thank you very much.

COUNCILMEMBER MEYER: Eric.

COUNCILMEMBER JENKINS: Charles, I just wanted to tell you I really appreciate the plan. I think you guys did a really good job of writing that. And just for your information I read every single word of it today, and there were some things we didn’t talk about in there, but I think those are good things as well. It really gives cohesiveness to what we’re trying to do and what you’re trying to do. It gives you a basis, a strong foundation for moving forward. And I think those things are so important when you’re reliant on support from outside entities such as Friends of Shawnee and that kind of thing. I mean, to be able to show them up front this is what we’re trying to do and this is where we’re going I think that’s just really great. And it was well done, very effectively done. Thank you.

MR. PAUTLER: Thank you.

COUNCILMEMBER MEYER: Mickey.

COUNCILMEMBER SANDIFER: Old Shawnee Town has always been just fabulous. You know, I went to the first Old Shawnee Days and it’s just cool. And it’s kind of the peaceful side of the Shawnee. You know, I’ve been up here for a little while and hardly, I mean, you’re going to get complaints about anything. But the Parks Department in Shawnee, we get admiration instead of complaints more so than we do in other areas because even if people have admiration for what we’re doing, they don’t always say it. Whereas, in the Parks Department you just hear about how good it is and how fun it is because it’s more enjoyment and activities for the people. And I just feel fortunate to be a little piece of it and just to learn from you guys. You guys are amazing. You’re doing a great job. And thank you for the great presentation.

MR. PAUTLER: Thank you. And thank you for the support of the City Council.

Page 28 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: Thank you. Is there anyone from the audience who would like to speak to this item? Okay. Seeing none, the recommended action is to forward the Plan to the Governing Body for approval. Would anyone like to make a motion?

COUNCILMEMBER PFLUMM: Move.

COUNCILMEMBER SANDIFER: Second.

COUNCILMEMBER MEYER: I have a motion and a second. All those in favor say aye.

COUNCILMEMBERS: Aye.

MAYOR DISTLER: Opposed nay. Motion passes. Thank you again.

MR. PAUTLER: Thank you.

[Therefore, Councilmember Pflumm moved and Councilmember Sandifer seconded to forward the Shawnee Town 1929 Strategic Plan to the City Council for approval. Motion passed 8-0.]

3. DISCUSS THE COUNCILMEMBER APPOINTMENT PROCESS

COUNCILMEMBER MEYER: The third and final item is to Discuss the Councilmember Appointment Process.

The Council Committee has discussed this item at several meetings. At the April 5, 2016 meeting, there were still questions about the new election law, and the Committee again tabled the item. Nolan Sunderman, Assistant City Manager, will review the background and provide options for discussion.

Welcome, Nolan.

MR. SUNDERMAN: Thank you. And I apologize. I don’t have any fun photos to hand out or -- I’ll start off with just kind of a quick handout. It’s got the four vacancy options as well as the two additional hybrids. I just want to make sure you have a copy, make notes. We can kind of walk through this, if there’s any changes.

MR. RAINEY: Is that Brandon’s Alternative I and 2? We affectionately call those the Brandon Amendments by the way.

MR. SUNDERMAN: So, let me pull up Charter Ordinance 40. So, this is a draft of Charter Ordinance 40. We’ll be focusing on the highlight section, so I can kind of scroll through this. There is a lot of changes in this document, so obviously I can try to answer those or Ellis can. I know Katie has obviously done a great job and a lot of research on this well, but we can address those. We’ll be focusing on this highlighted section in terms of the actual vacancy. So, are there any other questions kind of outside the highlighted area in terms of the charter ordinance?

Page 29 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 So, the next item is Policy Statement 7. There’s just one minor change on this document and that’s in terms of the appointment of the vice-chair. And you kind of have to scroll through this. And that’s the only minor change on Policy Statement 7.

And then you also have a draft of this Council Vacancy Appointment Process. I believe this was the process that was followed the last time there was a vacancy on the Council. Are there any questions with that particular?

[Election timeline slide] So, this is just a quick reminder of the City election timeline. We have the odd year fall elections are the City elections. Even year fall elections are the state and federal elections. And then what’s new is the May 1 certification of City offices. That’s kind of a new date you’ll see is kind of this May 1st. That’s actually in the state statute. So, that’s kind of something new that you may have discussed prior, but just kind of wanted to point that out.

And then you can see the chart in terms of where each of the Council seats fall in light of the terms and the changes to those, when the election would be and then the actual swearing in.

[Vacancy Option No. 1 slide] So, Vacancy Option No. 1 is the current process, I’m sure you’re familiar with. The Council can attempt to fill the vacancy to the unexpired term. If it’s not filled within the 60 days, a special election would then be called.

[Vacancy Option No. 2 slide] A second option is the special election. So, there is no attempt to fill the vacancy, go straight to the special.

[Vacancy Option No. 3 slide] The third option is the utilization of the annual election cycle so the vacancy may be filled. Then the City Council could -- and that would be for the -- I’m sorry. That would be for the even year or odd elections. This would be the upcoming annual election. The Council could fill that seat up until that point and then this would eliminate the special election cost.

[Vacancy Option No. 4 slide] And the last option as far as what we’re presenting is essentially the same as No. 3. It would only be for the City election, so the fall of odd years. That’s kind of the change between 3 and 4. Both Options 3 and 4 would eliminate that special election cost.

Then that’s it from our perspective. Councilmember Kenig has proposed kind of two hybrid options, and I can pull those up as well for discussion. Or I don’t know if you want to jump in.

COUNCILMEMBER MEYER: Okay. Jeff, I think you have a question first?

COUNCILMEMBER VAUGHT: Yeah. You know, here we are looking at approving or changing our charter ordinance. And with our last primary election, I got a feeling we’re going to be doing this again. I do know that in speaking with a few of the current legislature, I brought up kind of this idea of a city council having a primary in August, an election in November, and a swearing-in in January. And they said you guys do you

Page 30 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 understand the timeline there. I said you could have an incumbent City Council member get bumped out in a primary and for six months he’s going to sit in that seat going through this process. And they kind of looked at me and went, oh, we never thought of that. So, my understanding is in talking to a few people there’s support to at least change the swearing-in date. I don’t know if that’s written in stone. I don’t know if that has to be January how that works, but to where they would allow the swearing-in immediately after November. Is that what we’re talking about the chart here?

MR. RAINEY: That’s been discussed quite a bit. There’s not a lot of answers to a lot of this. You know, I mean, this is -- we’re all going through this for the first time. Most people regard that particular provision of the statute to be uniform, uniformly applicable to all cities, meaning we can’t charter out of it like we can the others. The vacancy in office provisions, you know, they’re either -- there’s either inconsistent statutory provisions or there are statutes that incorporate other statutes that have provisions that apply not equally to all cities so we can charter out. That particular provision everyone has indicated they believe --

COUNCILMEMBER VAUGHT: No, and I understand that. But my concern is, and if it happens, it happens. I think we’re going to be doing this again because I’ve got a feeling this new legislature is going to look at this because of actual representation of local government and their wants and desires and go, okay, you don’t like this, let’s look at this. I do know that the ones I’ve talked to, there is an awareness that this, you know, having a general the first week of November and then sitting around for another 2½ months just doesn’t make sense at the local level. We’ve got to get business done. Now, obviously we’re doing this, but.

MR. RAINEY: It doesn’t. And I’ve heard a lot of frustration with that. And there was a lot of frustration even with us in trying to draft the alternate vacancy provisions because number one, we don’t want to screw it up. And number two, you know, you could have a -- if we didn’t make it uniform as to you filling a vacancy, you could also have a vacancy that would be filled and would that person then take office as soon as the vacancy is filled or would they take office at the end. At the end being, you know, like everyone else done, the people who are running for their regular term. And everyone chases themselves back around in a circle and says, well, that has to be uniform then. It has to be uniformly applicable to everyone, so everyone is following the same statute.

COUNCILMEMBER VAUGHT: Just out of curiosity, and I don’t know if you can answer this. I mean, based on what we’re spending on legal fees to figure this out, statewide, how much money is being spent on legal fees to figure out how to put in place something that the state voted on that doesn’t -- just kind of hand us a pile and say, okay, figure it out. And we’re spending thousands of dollars in legal fees and we may not even get it right.

MR. SUNDERMAN: Well, and I think the secretary of state was supposed to issue kind of an opinion on a lot of these issues by July 1st. And now they don’t think it’ll occur until at least after the election. So, I think what’s also interesting about the swearing-in is it actually specifically says the second Monday in January in the statute. And, you know, not all cities have meetings on the second Mondays and so do you schedule a special swearing-in at that time. And so there’s just a lot of, you know, animosity over that specific, how specific it is in the legislation.

Page 31 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 MR. RAINEY: I was just trying to find the statutory -- here is -- just to show you a little bit of the confusion. K.S.A. 25-21a03 regarding primaries and primary and general municipal elections. And they have all these provisions here. And then in (d), “The secretary of state shall establish primary election procedures for primary elections for municipalities.” (e), “The secretary of state shall establish general election procedures for general elections for municipalities.” And then you go down to this last one here and it says, (g) “The secretary of state shall adopt rules and regulations to implement this section on or before July 1, 2016.” And no one has seen it. And to partially answer your question, the last city attorney meeting I went to, you know, I mean, gosh, there were probably 200 people there and we spent a good two hours on this issue with everyone in the room. It’s not easy.

COUNCILMEMBER VAUGHT: I feel like we’re wasting our time.

COUNCILMEMBER MEYER: Well, I would just -- I would break in and say, first of all, I don’t disagree with you that I think it was a bad law. It shouldn’t have been passed. They didn’t consult anyone at the local level. That’s my own opinion. Regardless of that, it is the law. And regardless even of that, what we’re discussing is not whether we like having elections in the fall and being, you know, sworn in January, we’re discussing what to do about a vacancy. So, I don’t think that it’s necessarily a parallel conversation. It doesn’t do us any good to discuss what the state government has done because we can’t impact that. I think what we’re trying to do now is put to bed a very, very lengthy conversation we’ve had about what to do when a vacancy occurs at the local level. So, I don’t know that it’s necessarily germane.

MR. RAINEY: I’m sorry. Maybe I wasn’t very clear on that. We have to transition over whether we like it or not.

COUNCILMEMBER MEYER: Right. Exactly.

COUNCILMEMBER VAUGHT: I know. And I understand that. But I guess my frustration here is, I mean, what we’re talking about here and what you’re saying, trying to -- this is -- we have no choice. It’s getting very convoluted though. I mean, it’s -- they’ve created a scenario here where, I mean --

MR. RAINEY: Well, our election commissioner is not very happy about it either because they’re going to have to run all these elections and they don’t have any guidance yet from the secretary of state that’s going to tell them what to do. So, there’s a lot of frustration. But, you know, I don’t know that we can do anything about it other than transition. And we have all the statutory mandates and the provisions in place. I’m certain now in the charter ordinance the only thing we don’t have is we don’t know what text to put in there for vacancies in office. And now we have four options that we had up on the board and then we have the two new Brandon Amendments. So, whatever -- we just need to decide on one of the six and we’ll put them in there. If we need to come back and change it next year, we’ve got to come back and change it next year I guess.

COUNCILMEMBER MEYER: Agreed. Mickey.

COUNCILMEMBER SANDIFER: Yeah. I like the system that we have at the moment. I think it’s worked out well. And it’s actually three of the people on this Council have been appointed on here and who knows if they would have ever won an election. You know, nobody knows that. But they were appointed on this Council.

Page 32 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: I’ve won one since.

COUNCILMEMBER SANDIFER: You know, if we were going to change it, I’m still against the point of spending money for a special election. You know, if everybody is hell bent on trying to get this changed, I mean, Option 3 and 4 are the ones that do not have a special election fee, is that correct?

MR. RAINEY: That is correct.

COUNCILMEMBER SANDIFER: I mean, if we’re going to look at something, look at something that’s not going to cost us. You know, that’s my opinion.

COUNCILMEMBER MEYER: Yeah. I would just jump in real quickly and say I was one of those appointed and I hated the process. And I think it was terrible as a candidate and I think it led, and I’ve talked about this for three years now since I was appointed the first time and reelected in an election, just to point out.

COUNCILMEMBER SANDIFER: You weren’t reelected, nobody ran against you.

COUNCILMEMBER MEYER: But elected.

COUNCILMEMBER PFLUMM: You were elected.

COUNCILMEMBER MEYER: You weren’t reelected then either, were you, because nobody ran against you.

COUNCILMEMBER SANDIFER: I was unopposed also.

COUNCILMEMBERS: I think that’s still reelected. In any event --

COUNCILMEMBER PFLUMM: It’s not reelected, it’s elected.

COUNCILMEMBER MEYER: Whatever the hell it was. All right. So, I don’t know that we can start throwing names, Mickey, as always. But I would say my experience with the process, and I would venture to guess I’m not the only one was not a good one. I know Mike had been through a process. I mean, all of us have kind of -- many of us have been through that process. It wasn’t a good one. I don’t think that it was fair to any of the candidates involved. I think that it led to a lot of undue speculation about the motives of the people on the Council, the candidates, and I think that’s why we started this entire conversation. So, I have supported changing it for three years and continue to support changing it. Brandon and then Dan and then Eric -- Brandon, Eric, Dan.

COUNCILMEMBER KENIG: Okay. Well, I want to kind of go into kind of the two options and kind of my thinking on that. So, I’m welcome to go ahead and do that now?

COUNCILMEMBER MEYER: Sure.

COUNCILMEMBER KENIG: So, just to give some background on this. So, shortly after I was appointed to the Council we had this discussion and it’s been tabled a couple times. But initially my thoughts were that I would be in support of a hybrid. I see benefit in being able to have somebody who is duly-elected in the position as soon as possible, but there are cost elements involved. And so I think it would be somewhat negligent to

Page 33 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 ignore elections as they occur and not try to piggy-back on those. And because this is very complex and I have difficulty thinking extemporaneously and spontaneously, I had to plot out these scenarios, hence, what you have before you.

So, these two options came about because when I was looking at ways that we could piggy-back on elections either annualized or just going based off of odd cycle City elections, I started from the scenarios the City provided to us and tried to see if we could condense the amount of time that we were to have a special election between a vacancy and a special election to about six months, and the same for a regular scheduled election. That was difficult to do, but that’s where these time frames come into place. And as I was going through this, I realized that there’s no way to not have a temporary appointment within the process because no matter what, if you’re going to have a special election you’re looking at a six-month window. And I did talk to county election staff last week because I know that the numbers that we were provided are about 120 days to 150 days for the county to prepare for a special election. That’s actually on the conservative side. I was told that more than likely than not it would be closer to six months or 180 days. And that’s partially because we would be the first Class 1 city to do this. Roeland Park, which currently has this in place, is much smaller. So, when they have a ward special election, they set up polling places for two precincts basically and that’s how they do it in one ward. For any of our wards there would be multiple polling places, many more than two. And so that requires sending out notices to all the residents, calling the polling places to see if they’re available because many of the polling places that would be available during a regular August-November election won’t necessarily be available for a special election and so they’re going to have to find alternative locations. And then being able to staff those up. Hire election workers and go through that process. Hence, why that can take up to six months.

So, for me I don’t think -- I don’t see how you can deprive any given ward of their voting strength, basically 50 percent of their voting strength for six months without having a temporary appointment in place. A lot can happen in six months, not only budget process, but cycles fluctuate and we could be considering any number of issues. And essentially the residents of that ward would be deprived of their full vote, disenfranchised actually. So, to me I think you have to have a temporary appointment within any of these, hence, my support for a hybrid system. And the main difference between these two is that if you’re tracking with annualized it’s a little bit easier. There is basically two time frames involved because you don’t have to separate out into odd and even years versus if you’re tracking two city elections only, you have that additional length of time to where you would have to adjust, hence, the odd year being split up into two and then having basically the even year is so far from where the normal election would be, local Council election. Hence, you -- the idea is that you would automatically schedule a special election is there is a vacancy at any time between January 1st and December 31st of an even year, which just accounts for that length of time. So, that’s just my thoughts on it. I’d be happy to answer any questions on that as well.

COUNCILMEMBER MEYER: Okay. I think we have a couple comments. Eric and then Dan.

COUNCILMEMBER JENKINS: Yes. My first comment was I agree with you 100 percent, Councilman Meyer, your comments you made earlier. I think that was just absolutely perfect. A question I had though was Option No. 3 and Option No. 4 as presented to us tonight. And one of them is for even -- well, one says even or odd years, the other one said only odd years. So, if you go with Option No. 4, you had to

Page 34 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 have another option as well it seems like because that only covers odd years, so that’s kind of confusing on how you would implement that.

MR. SUNDERMAN: Well, you would only have the -- the election would only be held on the odd years to keep kind of those local city issues on the local ballot. So, you would potentially, depending on the timeline and when that vacancy occurred, even if it was before May 1 of an even year, you would state wait until that fall election of the odd year.

COUNCILMEMBER JENKINS: Got it. That clarifies that.

MR. SUNDERMAN: Sorry for that.

COUNCILMEMBER JENKINS: Don’t like that idea. So, okay.

COUNCILMEMBER MEYER: Okay. I don’t want to interrupt you before I move on to Dan. You look like you’re thinking thoughts. Are you finished?

COUNCILMEMBER JENKINS: I’m done.

COUNCILMEMBER MEYER: Okay. Dan.

COUNCILMEMBER JENKINS: That’s why I stopped.

COUNCILMEMBER MEYER: You looked like you were midway, so I didn’t know.

COUNCILMEMBER PFLUMM: I was waiting for a proposal.

COUNCILMEMBER MEYER: I know. Well, I didn’t know what was going to happen.

COUNCILMEMBER PFLUMM: So, I agree with your comments on the selection process. The problems we’ve had, endless problems with that, this is probably why we’re here is because we had those problems. So, I think we could piggy-back on an election in the fall of every single year whether it be an even or an odd, so it wouldn’t cost us anything to have an election, you know, once a year if we needed to for a Council position. That would be my opinion right there. I don’t like this election process. I think there’s too much, you know, inbreeding and, you know, jockeying and stuff like that. So, I just think that --

[Council talking amongst themselves.]

COUNCILMEMBER PFLUMM: So, anyway, I just think that we could, I mean, it’s not the greatest thing in the world to have a vacancy, but you’re not going to go more than 12 months ever, and chances are you’re going to be less than that. So, I just think that we should, you know, go with the election cycles that, you know, that are available to us. And then, you know, it’s not the best to go with seven. Maybe it’s six, I don’t know. But, you know, if you had one short, you know, I still think you’re getting represented in your ward. It’s not perfect, but it gets rid of the, I don’t know, the collusion and stuff like that’s happened in the past.

COUNCILMEMBER MEYER: Jeff.

Page 35 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER VAUGHT: You know, I’ve always been the one that said that, you know, I think our system works fine. I would just say that, you know, and it was stated we might be doing this, you know, we could even come back next year and just start all over again. I’m not sure we’re going to be looking at the same election bill after this legislature gets done this spring than what we have right now. So, do we want to go through all this? I mean chances are nobody up here is going to resign in the next 12 months. But obviously anything can happen. But -- or even the next six months. But do we want to just -- do we want to kind of go through all this with these timelines and these dates, or do we want to just wait and see truly what this legislature is going to do. What’s the secretary of state going to do? Let’s keep it on the appointment and just come back and revisit it when we actually know that these are the dates. Number one. Number two is, I would only say for a council appointment on even years, like what we just saw, they’re hyper-partisan. Our elections now at the state and federal level have become hyper-partisan. And the onslaught that we just witnessed even in the campaign for the 39th, I would not want to be a councilmember stuck in the middle of that. I mean regardless, you know, if you’re on the wrong side of the money and that’s what we saw, you’re a target. And you’re going to be a target in your local community. You’re going to be -- you’re not running for a state office. You’re going to be a target in your community and you’re going to have big money going after you because why not, they’re already sending it out and they going to take you down with whoever. It’s, you know, you’re not partisan, so that’s the question. Where do we put them on the ballot? Do we put them, you know, is it going to be on that -- is it going to be on the primary ballot in August or is it going to be on the November? And the primary one, obviously you’re on both ballots, Democrat and Republican. But typically in Shawnee there is either no Democrat. You know, this election we saw a lot, but typically Democrats aren’t running, so you’re going to be on a Democrat ballot on a primary when Democrats aren’t showing up to the polls, or you’re on a hyper-partisan Republican ballot. I don’t think that’s fair to the person -- I wouldn’t want to be in the middle of that. So, you know, if we did some of this, I’m not opposed to getting around to the next cycle and saying, okay, we’re in an odd year let’s get him in an election cycle, in this local election cycle. But, you know, and that’s why the state, I mean, as much as I don’t like the election bill, they did come down and say that we don’t, a lot of them, the majority of them came down and said we don’t agree with mixing local elections with state and federal elections, and that’s why we have an even and odd year. And we’re going to sit here and say, well, we know better than that, we’re going to put you in the middle of a state. And so I just -- I don’t agree with that. I think it would get ugly. And it would not, I mean, I think that would get uglier than the appointment process. I just don’t see how that would be healthy for what we’re doing here.

COUNCILMEMBER MEYER: I guess I would just say in terms of the timing, I don’t think we can predict what the legislature will or won’t do next year. But regardless of that, we’ve been asked to clarify what we want to do about vacancies as they’re updating the ordinance to be reflective of the laws that have already been enacted at the state level. So, we’ve got to go one way or another. I don’t see the point if we’re making that decision why we don’t make a decision about what we want to do as a Governing Body. That way that’s in place so we aren’t coming back if it does change in a year, in another six months. We keep this cycle going. I think as a group we need to make a decision one way or another what our will is as it were so that can be moved forward. And in terms of which option -- I would favor the option of the next -- it would be Option No. 3. So, whatever the closest election would be you would be, I think it actually would be a greater issue for that person of being so down-valid that your race gets ignored. Then I think the people are going to throw in big money and play in all of

Page 36 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 that. And you’re going -- the candidate would be on both the Democrat and Republican ballot because it would be a non-partisan position.

COUNCILMEMBER VAUGHT: They would be except typically in Shawnee you don’t have Democrats on the ballot.

COUNCILMEMBER MEYER: There were, I mean --

COUNCILMEMBER VAUGHT: There was this election because Democrats made the decision to go after crazy over-the-cliff Republican legislature.

COUNCILMEMBER MEYER: Opinions.

COUNCILMEMBER VAUGHT: So, if you have a normal election is it fair to a candidate who is supposed to be non-partisan to be on a ballot where you have far greater Republican turnout than you do Democrat turnout?

COUNCILMEMBER MEYER: They’re on both ballots. How is that not fair?

COUNCILMEMBER VAUGHT: And so everybody knows I’m unaffiliated. So, I’m saying this from the middle.

COUNCILMEMBER MEYER: Right. And I guess I don’t understand your concern because they would be on every ballot. If you go in as a Republican or a Democrat and pull a ballot, it would be on -- your name would be on both ballots.

COUNCILMEMBER VAUGHT: I understand that. But would you not have more -- is there not typically more Republican turnout because there’s --

COUNCILMEMBER MEYER: Well, that’s going to be the case in every election. Where we are in Shawnee there’s a greater --

COUNCILMEMBER VAUGHT: Except for local elections where it’s non-partisan and then you have an equal mix.

COUNCILMEMBER MEYER: Well, sure, but they’re non-partisan races. But if you’re looking at -- if we’re talking about making it partisan, which I don’t think we should do, or even looking at it in a partisan sense, Shawnee voter registration is overwhelmingly Republican. So, you’re going to get --

COUNCILMEMBER VAUGHT: I understand that.

COUNCILMEMBER MEYER: -- more Republicans anyway.

COUNCILMEMBER VAUGHT: But why would we want to put someone who is -- how is it fair to put those people into a partisan election when the state has said we have even and odd years, locals are non-partisan, odd years. But if you’re going to fill a vacancy, now we’re going to stick them in a partisan even year. I don’t see how that makes any sense because the state even said that’s not a good idea.

COUNCILMEMBER MEYER: But it wouldn’t make --

Page 37 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER VAUGHT: That’s why they did what they did.

COUNCILMEMBER MEYER: It wouldn’t make the office partisan. It would be listed as non-partisan. It would be listed on both ballots.

COUNCILMEMBER VAUGHT: I understand that. It’s still a partisan election and it’s partisan politics. And that’s what the campaign is about.

COUNCILMEMBER VAUGHT: I guess I disagree.

COUNCILMEMBER PFLUMM: Jim has a question, and I have one and Mickey has got one.

COUNCILMEMBER MEYER: Well, you don’t want us just to argue with each other? So, Jim, Dan, Mickey.

COUNCILMEMBER NEIGHBOR: This is real conundrum. There are no good answers. We were sort of left to hang out -- hung out to dry if you will. Is something going to happen different? I think it probably will. But the point is that we have to do something now to meet the law. And unless we want to go against the law, which I’m not excited about doing, we’ve got to come up with a decision. And just because we make a decision today doesn’t mean that when we get something else we could go back and revisit it although we beat this to death over and over and over. So, I -- as much as I’m disinclined and much as I follow this stuff, I like Option No. 3 because Option No. 4 basically is the same -- leaves us the same place we are today. Option No. 3 I think would, and I don’t like it. I mean, I don’t like any of this, but I could live with that one. And understood what you’re saying about, you know, it’s one of the things I’ve been saying is how do we take a non-partisan race and put it in -- on an even year ballot and that flies in the face of the other information. But then again we have to look and tend to our own knitting. And if that’s the way it’s got to be, that’s for now. I would offer that in 18 months we’re going to be back revisiting this thing. But that doesn’t make any difference now because we’ve got to obey the law.

COUNCILMEMBER MEYER: Dan and then Mickey.

COUNCILMEMBER PFLUMM: Option No. 3 is still the Council fills the position until the next election.

COUNCILMEMBER MEYER: Right. Well, I guess I would read it as they have the option of filling it or they could leave it vacant until the election, correct?

MR. RAINEY: Yes. We were just talking about wanting to point that because of the fun conversations you and I have had about “may” and “shall” in the past. This provision specifically says you may. And the reason that was put in there I think from all of our conversations was that that would allow you to exercise discretion to decide what you want to do based upon when that vacancy may occur and how much of a length in timer there may be till it’s filled. So, that gives you the option of filling it or just going to the special election, or I’m sorry, the fall.

CITY MANAGER GONZALES: Ms. Meyer.

Page 38 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 MR. RAINEY: I wanted to make sure you noticed the difference between the “shall” and the “may” that’s in there.

COUNCILMEMBER MEYER: Carol.

CITY MANAGER GONZALES: And I think one of the things that’s hard to remember, but that May 1st deadline really throws a wrench in this whole thing.

COUNCILMEMBER MEYER: Right.

CITY MANAGER GONZALES: Because truly some -- that position, it could be 18 months if someone --

COUNCILMEMBER MEYER: Right.

CITY MANAGER GONZALES: -- the position became vacant the second week of May. Then it’s 18 months until you can get them on a ballot.

COUNCILMEMBER MEYER: I agree. Yeah. I think that’s why -- go ahead.

COUNCILMEMBER PFLUMM: Because it’s May 1st for the fall election?

COUNCILMEMBER MEYER: Right.

COUNCILMEMBER PFLUMM: Okay.

COUNCILMEMBER MEYER: Yeah. So, I mean, I think that, not to jump in, but that’s why I also favor No. 3 because it gives us some discretion if it is a situation like that where you don’t leave a ward open for 18 months or 12 months or whatever, but then it does put them up on the next ballot and not cost us the special election cost.

COUNCILMEMBER PFLUMM: How does that work for a special election though?

COUNCILMEMBER MEYER: What do you mean?

COUNCILMEMBER PFLUMM: I mean --

CITY MANAGER GONZALES: That would be assuming we were putting them on a regularly scheduled election.

COUNCILMEMBER PFLUMM: I understand, but --

CITY MANAGER GONZALES: And Option No. 3 doesn’t provide for a special election.

COUNCILMEMBER PFLUMM: I understand.

CITY MANAGER GONZALES: Councilmember Kenig’s suggestions provided --

COUNCILMEMBER PFLUMM: But I mean you don’t have to go 18 months on a special election.

CITY MANAGER GONZALES: Right. We’re --

Page 39 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER PFLUMM: Basically it’s six months.

CITY MANAGER GONZALES: We’re subject to the election provisions.

COUNCILMEMBER PFLUMM: Provisions.

CITY MANAGER GONZALES: May 1st being the last day that we can certify to the election office to have a candidate on the ballot for that fall election. So, it really is a long period of time. It’s kind of awkward.

CITY MANAGER GONZALES: Mickey and then Brandon.

COUNCILMEMBER SANDIFER: I’m also not really in favor of the point of having elections along with the state government because generally you get put clear down at the very end if people even see you and you’ve got to worry about trying to -- the difficulty of getting people out to vote for you and the difficulty of gathering money for the election, you know. And that’s back to the point of where everybody is trying to get the cities as a partisan election to where you almost have to grab a party to give you a hand. You know, so I think it’s forcing somebody’s hand just a little bit. But, you know, I guess I’m siding with Jim a little bit. I see where he’s at, but I don’t like the point of having it in a fall election, I mean, the fall election with the city government -- or state government, I’m sorry.

COUNCILMEMBER VAUGHT: But Jim supported No. 3.

COUNCILMEMBER MEYER: Yeah.

[Inaudible; talking off mic]

COUNCILMEMBER SANDIFER: I’m going along with him for the moment, but I don’t like it.

COUNCILMEMBER MEYER: Brandon and then -- did you have a response to him?

COUNCILMEMBER PFLUMM: Well, I just kind of wanted to add something. If we added that it was going to be, you know, if it’s six months, I mean, whoever the Council is up here could say, all right, you’re in and he gets an incumbent.

COUNCILMEMBER MEYER: Advantage. Uh-huh.

COUNCILMEMBER PFLUMM: You know what I mean. And it’s an advantage that that person may have over a different opponent.

COUNCILMEMBER MEYER: Sure.

COUNCILMEMBER PFLUMM: So, I mean --

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic}

COUNCILMEMBER MEYER: Brandon.

Page 40 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER PFLUMM: But what I’m saying is we stick a time limit in there. You know, if it’s three months. Even if it’s a day he’s got an advantage.

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic]

COUNCILMEMBER PFLUMM: Sure you can.

COUNCILMEMBER MEYER: I think that’s kind of what Brandon’s was getting to.

COUNCILMEMBER KENIG: Yes. So, my intent of my plan was to address that, specifically the May 1st certification deadline. So, with all of those options that I presented that at the most you would have probably about a six-month window where you didn’t have an election of some sort to fill that seat with the appointed person.

So, going from that I had a couple comments I want to piggy-back on. I know Councilmember Vaught made an argument which is, I find somewhat valid, on the commingling of partisan and non-partisan elections. But at the same time, I mean, we’re going, we have a new normal we’re operating under. We’re going to have City elections in August and November from this point out. Citizens are going to be accustomed to voting in August and November for every single election from this point out, so it’s going to be something of habit. And so I think that it makes sense to tract to that regardless of who else you have on the ballot or not. I think that that provides consistency and it’s going to be, it’s going to take a while for citizens to acclimate to that, but it is a new normal and we should be in line in terms of being consistent with that. And the second thing I’ll just reiterate, you know, as far as the options that are on the table and it seems like there’s some consensus around Option No. 3. And, you know, I’m good with that as long as we retain the ability to fill that vacancy at the onset before the special election because I still think it’s unacceptable for us to have a position go vacant for four to six months and just waiting for a special election. Because again, you’re diluting that ward’s voting strength. We’ve all seen how many issues can be decided on -- based on one or two votes. And I don’t think it’s fair to the people to have their vote basically abdicated in their ward, again, by half 50 percent. So, I think it’s very incumbent that if we’re talking about a three to six-month window that we take action and we fill that seat with a temporary appointment and then get an election in place as soon as possible, next scheduled election, to have that seat filled with an elected representative. But I think at no point in the process should citizens of any ward go with having their vote disenfranchised for a long period of time.

COUNCILMEMBER MEYER: Dan.

COUNCILMEMBER PFLUMM: Here in Shawnee we had a person living in Arizona representing a ward. Okay. So, whatever rules you put in here they waited until just after the election and then, boom, they resigned so that we could appoint somebody that we wanted in that case, whoever that person was, okay. So, I just think that we need to -- my first opinion is this needs to go to an election because of all the problems that we’ve had. You know, but if we put in there something similar to what you’re talking about, but just, you know, a time frame, you know, if it’s going to be over 12 months or something, I don’t know. But whatever that time frame might, something reasonable.

COUNCILMEMBER MEYER: Okay. Jeff.

Page 41 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER VAUGHT: You know, everybody is -- the assumption is the incumbent you have an advantage. I don’t think if -- if you’re an elected incumbent you have an advantage. But if you’re appointed, I mean, it’s not like you have any name recognition other than the fact that you were appointed to the Council. But I don’t, I mean, for the cost of what you’re talking about, a special election, just avoid the fact that you might have an incumbent around for a year or something like that, I don’t -- I mean, is it a, you know, a $60,000 advantage. I’m not sure it is, so.

COUNCILMEMBER PFLUMM: Actually I didn’t say special election. I didn’t say that.

COUNCILMEMBER VAUGHT: Well.

COUNCILMEMBER PFLUMM: I said one of these two --

COUNCILMEMBER VAUGHT: So, then leaving it empty then?

COUNCILMEMBER PFLUMM: -- fall elections and leaving it empty. That was my first option.

COUNCILMEMBER VAUGHT: Okay. So, leaving it empty and not doing a special election.

COUNCILMEMBER PFLUMM: But if we -- if I compromised to Mr. Kenig or Councilmember Kenig, I’d want just a time frame in there if it’s going to be more than so many months, then it’s possible to elect that person.

COUNCILMEMBER MEYER: Jim. Never mind. Okay.

COUNCILMEMBER NEIGHBOR: No.

COUNCILMEMBER MEYER: Okay. Mike, did you?

COUNCILMEMBER KEMMLING: I think our overall goal of shortening a potential appointment from two years down to something less that Option No. 3 for the most part would accomplish that. So, I think that’s an improvement of where we’re at now, except like we talked about the potential of someone resigning May 2nd and then it would be 18 months. And so I think Brandon’s hybrid attempts to basically address both of those because I believe your proposal is fall election regardless, the soonest fall election. However, if it’s after the filing deadline in May, then you’re saying let’s do a special election rather than wait 18 months?

COUNCILMEMBER KENIG: Right. I mean, the idea is to reduce that window to about six months, yeah. And so if you’re talking about longer and extending into the next one, then that would spark basically or trigger a special election.

COUNCILMEMBER KEMMLING: Yeah. So, it sounds like you’re kind of saying Option No. 3, but you’re putting that, kind of like the timeline Dan was talking about where if that -- if the timeline for Option 3 is too long, which is essentially just after that filing deadline, then we’re going to go to a special. You’re basically I guess outlining a method to have a special election if the vacancy is too long?

Page 42 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER KENIG: Right. Yeah. Accounting for that certification deadline and length of time because I think that’s the concern that most have expressed here is the length of time that that position goes without an elected representative over an appointed representative. And so that addresses that.

COUNCILMEMBER KEMMLING: I like that hybrid. I mean, I think of the four that we just listed, No. 3 is the best, but I think it’s even better to put some of Brandon’s proposal in there and try to minimize the amount of time that we are without an election. So, I would be in favor of that.

COUNCILMEMBER MEYER: Okay. Dan.

COUNCILMEMBER PFLUMM: So, Brandon, to kind of explain it, you basically say Council appointment on both of those options there, January to May 1st, you know, if they had a vacant seat. So, in both of your scenarios you’ve got Council appointment.

COUNCILMEMBER KENIG: That’s correct. I have that in both places because, again, I mean, this is all speculative, too. I mean, we have no idea of when the vacancy is going to happen, so we have to count for small windows to larger windows. And I’m still of the viewpoint that if we’re talking about a four, five, six-month window that needs to be filled in the interim by somebody. There needs to be two votes from that ward. And so that’s how this addresses it. But the idea is to get to an election, quickest route possible, shortest amount of time possible.

COUNCILMEMBER PFLUMM: So, I kind of agree with you, Brandon, on getting to the election the quickest route possible them, but not filling that position until that election because that’s why we’re here. We’ve had issues.

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic.]

COUNCILMEMBER KENIG: And I see where you’re coming from, but I personally have -- I’m reluctant voting to remain that vacant, or keep that vacant. Again, we’re talking about an amount of time that can stretch. And again, a lot of this too is based off of how soon a special election can take place, which can be -- which most likely be six months from what I’ve been told. A conservative rate would be 120 days if everything works out and, I mean, there’s no issues with scheduling and with notification of polling places. But more likely than that, it’s going to be six months just based on the sure size of our city. We’re not a Roeland Park that has, you know, just needing two precincts when you have a ward election. So, accounting for that I strongly feel that there needs to be -- the appointment needs to be retained, or at least we need to modify to keep the options, so we have the discretion with each one of these to be able to do a temporary appointment or not, vote on that as we go forward. But I think we need to retain that.

COUNCILMEMBER MEYER: Eric.

COUNCILMEMBER JENKINS: Just a comment and follow-up. We’re not really looking at six months because it takes a while to appoint somebody, too. So, you would need to subtract that amount of time from that six months and say that’s the actual window of un-represented time. Because there’s going to be some unrepresented time no matter what you do because if you -- if we go with the system we have you’re going to have nobody in there for several months. So, in all fairness we need to make that point.

Page 43 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: Okay. I think I would go ahead and open it up to anyone --

CITY MANAGER GONZALES: Could I clarify one?

COUNCILMEMBER MEYER: Yeah.

CITY MANAGER GONZALES: When you’re speaking of a special election, you’re speaking of then a -- this city only calling a special election and we would pay for it, correct?

COUNCILMEMBER KENIG: Correct.

CITY MANAGER GONZALES: Okay.

COUNCILMEMBER KENIG: So, that is the key difference between these two and the two that have been offered by the City is that this opens up to a special election, so there would be costs incurred. So, you’re talking about, you know, a minimum $30,000 cost with each of these.

COUNCILMEMBER MEYER: Okay. I would go ahead and, oh, Nolan, did you have something? Okay. I would go ahead and open it up and ask if there is anyone in the audience who would like to speak to this item? Come on up, sir. If you’ll state your name and address for the record.

Public Comment:

MR. ERLICHMAN: Ray Erlichman (Address Omitted) here in Shawnee. I think I personally have been up in front of this Council and Council Committee I don’t how many times regarding this subject. Originally my thoughts were to totally eliminate Council appointments and go with an election, be it a general election or a special election or whatever. And there was a lot of push-back because of the cost of an election for a special election. As a matter of fact -- I’m sorry, Stephen.

CITY CLERK POWELL: [Inaudible; talking off mic.]

MR. ERLICHMAN: Oh, okay. Sorry. This was out by the last survey. Why am I having trouble getting this up here?

(Off Record Talking)

MR. ERLICHMAN: There we go. Anyway, this question was on there. And first of all, I’d say that my opinion for what it’s worth, and I know I’m not an expert in surveys, this was a loaded, push-pull type question. This should have been two questions. The first question should have been the procedure. Are you in favor of an appointment or an election? Boom. The second question was -- should have been, if you are in favor of an election, would you still be in favor of it knowing it would cost $37,000. So, that should have been two questions. Also the way this was written, I think there’s a slight error there because the appointments used to be for the full term or whatever was left in there, not just, you know, until the next general. It would have been to complete the term no matter how long it was involved. So, there’s a little misunderstanding on the wording. Now, if we’re going to write a question like that, why didn’t we write another

Page 44 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 questions, are you in favor of an appointment knowing that the Council might be subject to another letter of reprimand from the District Attorney’s Office regarding possible inconsistencies with the Kansas Open Meetings Act. We could have put that up there as a question, too. Okay.

So, now we get off of that and let’s go into what’s really relevant right now. I heard a comment a few --

COUNCILMEMBER VAUGHT: Which letter are you referring to?

MR. ERLICHMAN: Beg your pardon?

COUNCILMEMBER VAUGHT: Which letter are you referring to?

MR. ERLICHMAN: The letter that District Attorney Howe sent out stating that he felt that the Council violated the spirit of the KOMA law.

COUNCILMEMBER VAUGHT: Violated the spirit. Okay. So, he didn’t actually saw we any violated anything.

MR. ERLICHMAN: I didn’t say you violated.

COUNCILMEMBER VAUGHT: Okay. I just wanted to clarify that.

MR. ERLICHMAN: I never said you violated KOMA. I said --

COUNCILMEMBER VAUGHT: Okay.

MR. ERLICHMAN: Okay. He said violated the spirit of KOMA, but it was still a letter of reprimand. And all you have to do is look up the definition of the word reprimand and that letter was definitely a letter of reprimand or rebuke. Take your choice.

All right. Now, moving along.

COUNCILMEMBER MEYER: Love your proposal, Ray.

MR. ERLICHMAN: I beg your pardon?

COUNCILMEMBER MEYER: I’d love to hear your proposal. We can move on. Thanks.

MR. ERLICHMAN: Well, I wanted to add something because it was something I heard a few minutes ago. I personally don’t give a hoot about what’s fair or right for a candidate. I’m concerned about what’s fair and right for the citizens in the ward. Now, as far as putting an election on an even number year, even though we’re non-partisan, that’s one of the easiest things in the world to do. Because it will go up on a ballot, not under a category of a political party, it would be City Council Ward, I’m going to use Ward IV because I’m going to use Mickey because of his time that he’s got on the Council, and I want to use your election cycle for example for a reason. For Ward IV, do you want Joe Smith or Bob Jones? Take your choice. Just like even on partisan elections there’s ballot questions and everything else that are not under party category. So, what’s so difficult about putting a non-partisan election question in a partisan

Page 45 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 election? It’s real easy to set that question up on a ballot, so it doesn’t fall under any category.

The way things are now, and again, I want to just use Mickey. You were elected in ‘15, so you come up in ‘19 again. And let’s just arbitrarily say that for some reason, family matters, whatever, you have to resign. You know, not have to, not being forced to, but you feel it’s better. To avoid a special election and spending $37,000, we would have to probably still go along with a Council appointment until the next election that we could piggy-back. And then that person in the piggy-back election would fill out the -- finish out the term. And since we are still going to have City elections in odd years, I don’t see where there would be a great length of time between election cycles. So, as an example if you were to resign now, we could appoint and then the piggy-back election would be the fall of ‘17. So, that person would, you know, be the appointed person would be filling a smaller gap in time. And that’s why I wanted to use your time length.

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic]

MR. ERLICHMAN: So, I don’t think we have to worry about options as far as if the vacancy occurs between this time and that time and this time and that time. Keep it simple. The appointment is made to temporarily fill the position until the next election where we can piggy-back on with no special election fees. And then the person that comes out the victor in the special election finishes out the term. And that by the way is very similar to what’s done in many, many U.S. Senate races, U.S. Congress races, et cetera, right down the road. But we won’t have an appointed person sitting around for maybe two or three years on a council. And I really, really, really don’t think it’s the Council’s position to tell the citizens of a ward who should represent them. That I just find just totally against my feelings. That’s all I can say.

So, I would go along with a hybrid, but make it very simple until the next election where we can piggy-back on without any cost of $37,000. That would also eliminate possibly some questions as Chairwoman Meyer brought out about even when she was appointed there was questions about appointments. Here you’re only going to be appointing the person for a very short period of time, so you’re not going to have those kind of questions come up and hopefully no more letters from the District Attorney. And that’s my feelings.

COUNCILMEMBER MEYER: All right. If you will sign the sheet on the podium. Thank you, sir.

MR. ERLICHMAN: Oh, yes. Never done that before.

COUNCILMEMBER MEYER: Oh, really?

MR. ERLICHMAN: No.

COUNCILMEMBER MEYER: First time. Mickey.

COUNCILMEMBER SANDIFER: Yes. And, you know, it all sounds good, but I still have to agree with Brandon that, you know, there’s issues that can come up in a ward that you need both people. But the whole, you know, both members to help maybe push something through, help get something through to help whatever it is going on in

Page 46 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 your ward. I don’t think we need to leave, as he would say, the ward half uncovered. So, I still believe there needs to be an appointment process at some period of time.

COUNCILMEMBER MEYER: Okay. Is there anyone else in the audience who would like to speak to the item? Okay. Any further discussion from Council? I would I guess perhaps accept a motion. Mike.

COUNCILMEMBER KEMMLING: Yeah. I’d make a motion to forward Brandon’s hybrid proposal with piggy-backing on annual elections and also a timeline specifying special elections, with the only caveat to his proposal being that the wording say that the Council “may” fill the vacancy instead of “shall” fill.

COUNCILMEMBER KENIG: I’ll second that and accept that as a friendly amendment.

COUNCILMEMBER MEYER: Okay.

CITY MANAGER GONZALES: Can I clarify which option?

COUNCILMEMBER MEYER: Yep. The hybrid option.

CITY MANAGER GONZALES: I’ve got two on that, so one or two.

COUNCILMEMBER MEYER: I think they’re --

COUNCILMEMBER KENIG: I think the hybrid election scenario, so January 1st through May 1st and then May 2nd through December 31st.

CITY MANAGER GONZALES: But then you added something about an annual.

COUNCILMEMBER KEMMLING: I just changed the word “shall act to fill” to “may act to fill.” Similar to the language that the City had on their Option No. 3.

COUNCILMEMBER NEIGHBOR: Yeah. It’s got “may act on it.”

COUNCILMEMBER KEMMLING: Okay.

CITY MANAGER GONZALES: You guys following?

MR. RAINEY: Yeah. We’re going to change it and put it in a Word document so we all are real clear on what you’re --

MR. SUNDERMAN: Yes.

COUNCILMEMBER MEYER: That would be great, yeah.

MR. RAINEY: If you want it -- and you have two parts to your draft language.

COUNCILMEMBER KENIG: Correct. Yeah.

MR. RAINEY: So, the first paragraph there applies from January 1 to May 1, and the next paragraph applies from May 2 to December 31. And what I didn’t hear in the motion was in the second paragraph whether there was a “shall” or a “may.”

Page 47 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER KEMMLING: Yeah. I would be for both. Both “may.”

COUNCILMEMBER MEYER: May.

COUNCILMEMBER KENIG: May.

COUNCILMEMBER MEYER: Okay. Does the draft language as amended make sense to everyone before we vote? Dan.

COUNCILMEMBER PFLUMM: I don’t like it, but I’ll compromise probably for that for now.

COUNCILMEMBER MEYER: I just don’t --

COUNCILMEMBER PFLUMM: I have to think about it. I’ll send it to Council and then I’ll --

COUNCILMEMBER MEYER: I know. Yeah.

MR. RAINEY: The second paragraph --

COUNCILMEMBER MEYER: Should be “may”?

MR. RAINEY: -- line 2, at the very end that’s “shall.”

COUNCILMEMBER MEYER: Yeah. Thank you. And perhaps we maybe don’t like for different reasons, but I would still lean towards No. 3 because I don’t see a need to spend the cost for a special election when we can just fill it at the next one. So, anyway. Everyone understand the motion on the floor. All right. All those in favor say aye.

COUNCILMEMBERS NEIGHBOR, PFLUMM, JENKINS, KEMMLING, SANDIFER, KENIG: Aye.

COUNCILMEMBER MEYER: Opposed nay.

COUNCILMEMBERS VAUGHT, MEYER: Nay.

COUNCILMEMBER MEYER: So, that would be 6-2 with Vaught and Meyer as the nay. Motion passes.

[Therefore, Councilmember Kemmling moved and Councilmember Kenig seconded to approve the hybrid Brandon Amendment proposal piggy-backing on annual elections, creating a timeline specifying special elections, changing the language to say the Council “may” fill the vacancy instead of “shall” fill. Motion passed 6-2, with Councilmembers Vaught and Meyer voting nay.]

COUNCILMEMBER MEYER: Thank you. Are we --

MR. SUNDERMAN: Well, I just wanted to follow-up in terms of the Policy Statement 7 and the vacancy appointment process and then just the entire charter ordinance itself just to make sure. We’re going to be fast-tracking this to bring it onto the next Council

Page 48 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 meeting, and which is not in the memo. Just wanted to make sure we’re clear on that. So, if there is anything we can discuss this evening, then we can work that out as well, so.

COUNCILMEMBER MEYER: I think we’re -- we’ve talked about it so much.

MR. SUNDERMAN: Okay.

COUNCILMEMBER MEYER: I think we’re good. Thank you, Nolan.

CITY MANAGER GONZALES: But we do need a motion to recommend a revision to PS-7 if you’re so inclined.

COUNCILMEMBER MEYER: Okay.

CITY MANAGER GONZALES: And then if you don’t want to act on the vacancy procedure one tonight that’s fine. There’s no rush on that, but I think we do need the policy statement to be consistent with the charter.

COUNCILMEMBER MEYER: Sure. Brandon, would you like to make that motion?

COUNCILMEMBER KENIG: Okay. Yeah. So, and please correct me if I’m wrong. So, motion for amending Policy Statement 7 to be consistent with our charter ordinance, correct? Okay.

COUNCILMEMBER MEYER: Including the vacancy language? No.

CITY MANAGER GONZALES: [Inaudible; talking off mic] Sorry.

COUNCILMEMBER MEYER: Can we make the motion to include the vacancy language?

CITY MANAGER GONZALES: They’re two separate policy statements.

[Inaudible; talking over one another]

CITY MANAGER GONZALES: So, PS-7 is just about election of the vice-chair of the committee. That needs to be moved to January. So, that would be the change to PS-7. And then there is an example policy statement that’s on the vacancy, the appointment process that you’ve looked at before also. So, that would be recommend to approve a new policy statement regarding the vacancy process if you want to do that tonight.

COUNCILMEMBER MEYER: Okay. So, we’ll start with PS-7.

COUNCILMEMBER KENIG: Okay. I motion to amend PS-7 to be consistent with our charter ordinance.

COUNCILMEMBER MEYER: All right. Do I have a second?

COUNCILMEMBER NEIGHBOR: Second.

COUNCILMEMBER JENKINS: Our charter ordinance or what the new state statutes?

Page 49 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: State statutes or --

CITY MANAGER GONZALES: And charter.

COUNCILMEMBER MEYER: And charter.

CITY MANAGER GONZALES: Our charter is consistent with the state statutes.

COUNCILMEMBER KENIG: Okay.

COUNCILMEMBER JENKINS: We’re changing the charter.

COUNCILMEMBER KENIG: Yeah.

COUNCILMEMBER MEYER: To align with state statute, so yeah.

COUNCILMEMBER KENIG: Okay. So, I recommend amending Policy Statement 7 to align with state statutes and our charter ordinance.

COUNCILMEMBER MEYER: Oh, I think we’re making this too complicated.

CITY MANAGER GONZALES: I don’t want to be picky, but truly state statute has nothing to do with our Council Committee Vice-Chairman position. So, really just consistent with the election cycles provided for the in the charter ordinance.

COUNCILMEMBER KENIG: [Inaudible; talking off mic] Policy Statement 7 to be consistent with our charter ordinance.

COUNCILMEMBER MEYER: We’re making this very complicated.

COUNCILMEMBER JENKINS: Second.

COUNCILMEMBER MEYER: I have a motion and a second. All those in favor say aye.

COUNCILMEMBER MEYER: Aye.

COUNCILMEMBER MEYER: Opposed nay. Motion passes.

[Therefore, Councilmember Kenig moved and Councilmember Jenkins seconded to amend Policy Statement 7 to be consistent with the Charter Ordinance. Motion passed 8-0.]

COUNCILMEMBER MEYER: Okay. Are we good?

COUNCILMEMBER SANDIFER: Motion to adjourn.

COUNCILMEMBER JENKINS: You need one more.

COUNCILMEMBER MEYER: Vacancy.

COUNCILMEMBER PFLUMM: I already gone one of those. You’ve got to second it.

Page 50 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: Hold on. Wait. Wait. Wait. People, we need to decide if we’re going to act on the vacancy and move it forward, correct? No? Uncharted territory. Carol, would you like --

COUNCILMEMBER PFLUMM: [Inaudible; talking off mic]

CITY MANAGER GONZALES: The policy statement that’s on page 55 is one you’ve seen at least two other times before. It represents the process that you used last time if you’ll remember, then we did the interviews.

COUNCILMEMBER MEYER: Correct.

CITY MANAGER GONZALES: Everybody put their names up. Stephen put those on the overhead. That was how the motion was determined. So, that’s reflected in this policy statement. If that’s the procedure you want to follow, if you want to have more discussion at a future meeting about it we could.

COUNCILMEMBER MEYER: Brandon.

COUNCILMEMBER KENIG: So, question, point of clarification. So, if we’re retaining that as an option, which we are, based on the -- we want to keep that in. So, okay.

COUNCILMEMBER MEYER: Yeah. This just speaks to the specifics of the vacancy.

COUNCILMEMBER KENIG: Okay.

COUNCILMEMBER MEYER: The mechanics of how we actually go about filling it.

COUNCILMEMBER KENIG: So, we don’t need to act on this?

COUNCILMEMBER SANDIFER: No.

COUNCILMEMBER MEYER: We can.

COUNCILMEMBER KENIG: Or we can, but --

COUNCILMEMBER MEYER: If we feel like --

COUNCILMEMBER VAUGHT: [Inaudible; talking off mic]

COUNCILMEMBER MEYER: Yeah. I think we should agree. I think we should unless the Committee feels like there needs to be more discussion about this at another meeting.

[Inaudible; all talking off mic]

COUNCILMEMBER KENIG: Okay. So --

COUNCILMEMBER MEYER: Second that.

COUNCILMEMBER VAUGHT: I’m done. I’m spent.

Page 51 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: All right. So, I would --

COUNCILMEMBER PFLUMM: There’s no way that you’re spent.

COUNCILMEMBER MEYER: I would love to accept a motion reflecting that.

COUNCILMEMBER KENIG: So, okay. I motion that we -- sorry. I motion that we take the Council vacancy procedure and move that forward as, I don’t know if I’m saying this right.

CITY MANAGER GONZALES: Into the policy statement.

COUNCILMEMBER KENIG: Okay. Into the new policy statement. Do I need to say it needs to be added to the new policy statement?

CITY MANAGER GONZALES: Our intent was just to have a separate one. That’s how we drafted it. There’s no right or wrong answer to that one.

COUNCILMEMBER KENIG: Okay. So, I motion that we move forward the Council vacancy procedure for adoption with the policy statement.

COUNCILMEMBER SANDIFER: Second.

COUNCILMEMBER MEYER: Great. All right. I have a motion and a second. All those in favor say aye.

COUNCILMEMBERS: Aye.

COUNCILMEMBER MEYER: Opposed nay. Motion passes.

[Therefore, Councilmember Kenig moved and Councilmember Sandifer seconded to forward the Council vacancy procedure for adoption with the policy statement. The motion passed 8-0.]

COUNCILMEMBER MEYER: Maybe we’re done talking about vacancies.

MR. RAINEY: Well.

COUNCILMEMBER MEYER: No? Come on.

MR. RAINEY: We want to make double sure.

COUNCILMEMBER MEYER: Yeah. Yeah. Yeah. You’re right.

MR. RAINEY: This is pretty significant stuff for you guys. I want to make sure everybody saw Section 7 regarding the vacancy in the office of the Mayor. And the way I understand that that is written out would be -- the Council President would become Mayor.

COUNCILMEMBER VAUGHT: [Inaudible; talking off mic]

COUNCILMEMBER MEYER: I love it. Just kidding.

Page 52 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 MR. RAINEY: Anyway. And then the following May 1 date, to the very next May 1 date we would certify the mayoral position as an office to be elected at the following November fall election. So, that would be similar except for the fact that you don’t fill a vacancy of the Council President. And in the event the Council President were to resign because they do not want to run for mayor, then there would be another vacancy.

COUNCILMEMBER MEYER: Okay. Are we good with --

MR. RAINEY: You guys are -- I just wanted to make sure everyone was okay with that.

COUNCILMEMBER MEYER: Okay. All right.

COUNCILMEMBER JENKINS: That’s no change really.

COUNCILMEMBER MEYER: Yeah.

COUNCILMEMBER JENKINS: That just adopts it into the new process where it has to be done in November. That’s all it does.

COUNCILMEMBER SANDIFER: [Inaudible; talking off mic]

COUNCILMEMBER JENKINS: Just brings it up to date, so that shouldn’t be an issue.

MR. RAINEY: There’s a lot of red and lot of lines in it, but that’s basically what we ended up with.

COUNCILMEMBER JENKINS: Yeah. Essentially all that does it move it to the -- on the election cycle with everything else. Because the Mayor was always the -- the Council President was always going to be the mayor anyway. That was the normal line of succession. So, it’s really no change in that process, it’s change on the -- when the election date would be scheduled. And that should work fine.

MR. RAINEY: Yeah. The only thing we’d changed was it used to say the Mayor or Council -- if there’s a vacancy in the offices of Mayor or Councilmember, then we will elect a Mayor. And you obviously didn’t intend for that to be in there.

COUNCILMEMBER MEYER: Right.

COUNCILMEMBER JENKINS: Right.

MR. RAINEY: You meant for there to be if there’s a vacancy in the offices of a Mayor. Okay.

COUNCILMEMBER JENKINS: So, you’re cleaning that up, cleaning up the language.

COUNCILMEMBER MEYER: Okay.

COUNCILMEMBER JENKINS: All right.

COUNCILMEMBER MEYER: Okay. I think we’re good with that. Thank you.

C. ADJOURNMENT

Page 53 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016 COUNCILMEMBER MEYER: That concludes the agenda.

COUNCILMEMBER PFLUMM: Motion to adjourn for the fourth time.

COUNCILMEMBER JENKINS: Second.

COUNCILMEMBER MEYER: All right. A motion has been made and seconded on this item. All those in favor say aye.

COUNCILMEMBERS: Aye.

COUNCILMEMBER MEYER: Opposed nay. Motion passes. We are adjourned.

[Therefore, Councilmember Pflumm moved and Councilmember Jenkins seconded to adjourn. The motion passed 8-0.]

(Shawnee Council Committee Meeting Adjourned at 9:32 p.m.)

Page 54 SHAWNEE COUNCIL COMMITTEE MINUTES August 16, 2016

CERTIFICATE

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

/das September 2, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

______

Stephen Powell, City Clerk

Page 1 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016

CITY OF SHAWNEE PLANNING COMMISSION MEETING MINUTES August 15, 2016 7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT Commissioner Augie Bogina Planning Director Paul Chaffee Commissioner Dennis Busby Deputy Planning Director Doug Allmon Commissioner Kathy Peterson Planner Mark Zielsdorf Commissioner John Smith Administrative Assistant Angie Lind Commissioner Les Smith Commissioner Alan Willoughby Commissioner Steven Wise PLANNING COMMISSIONERS ABSENT Commissioner Bruce Bienhoff Commissioner Randy Braley

CHAIRMAN BUSBY: Good evening and welcome to the August 15, 2016 meeting of the Shawnee Planning Commission. We’ll start with roll call. A. ROLL CALL CHAIRMAN BUSBY: Commissioner John Smith. COMMISSIONER JOHN SMITH: Present. CHAIRMAN BUSBY: Commissioner Peterson. COMMISSIONER PETERSON: Here. CHAIRMAN BUSBY: Commissioner Willoughby. COMMISSIONER WILLOUGHBY: Here. CHAIRMAN BUSBY: Commissioner Bienhoff is absent. CHAIRMAN BUSBY: Commissioner Busby is here. CHAIRMAN BUSBY: Commissioner Bogina. COMMISSIONER BOGINA: Here. CHAIRMAN BUSBY: Commissioner Wise.

Page 2 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 COMMISSIONER WISE: Here. CHAIRMAN BUSBY: Commissioner Braley is absent. CHAIRMAN BUSBY: Commissioner Les Smith. COMMISSIONER LES SMITH: Here. CHAIRMAN BUSBY: Please join me in reciting the Pledge of Allegiance. B. PLEDGE OF ALLEGIANCE C. CONSENT ITEMS 1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 1, 2016. 2. SUP-04-15-06; SPECIAL USE PERMIT REVIEW FOR NALLIA SCHOOL OF DANCE, TO OPERATE A DANCE STUDIO IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT, LOCATED AT 15331 W. 67TH STREET. REQUEST SUBMITTED BY KATHI NALLIA, BUSINESS OWNER. 3. SUP-07-15-07; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BURLINGTON NORTHERN SANTA FE RAILROAD, TO CONSTRUCT A 160-FOOT LATTICE TELECOMMUNICATIONS TOWER, GENERALLY LOCATED IN THE VICINITY OF THE 7200 BLOCK OF MARTINDALE ROAD. 4. SUP-03-11-08; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO CAROL KIEFFABER, TO OPERATE A DAYCARE WITH UP TO TEN (10) CHILDREN AS A HOME OCCUPATION, IN THE PSF (PLANNED SINGLE FAMILY) ZONING DISTRICT, LOCATED AT 22021 W 51ST STREET. CHAIRMAN BUSBY: Items 1 through 4 are listed under the Consent Items 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? If not, is there a motion to approve the Consent Agenda? Commissioner Willoughby. COMMISSIONER WILLOUGHBY: I move to approve the Consent Agenda as stated. CHAIRMAN BUSBY: Commissioner Wise. COMMISSIONER Wise: I second the motion. CHAIRMAN BUSBY: There’s a motion and a second to approve the Consent Agenda. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay? Motion carried. (Motion passes 7-0; Bienhoff and Braley absent) CHAIRMAN BUSBY: Moving on to: D. UNFINISHED BUSINESS

Page 3 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 1. SP-16-16-06; SITE PLAN REVISION FOR EXTERIOR FAÇADE CHANGES AT THE SCOUT FINANCIAL BUILDING, LOCATED AT 12304 JOHNSON DRIVE. CHAIRMAN BUSBY: Doug. DEPUTY PLANNING DIRECTOR ALLMON: This item was tabled at the August 1, 2016 Planning Commission meeting to allow the applicant more time to come up with an acceptable fencing and wall accent material. Since that time we have met with the applicant and they have provided us with additional information. Based on feedback from the Planning Commission at the last meeting, the applicant has agreed to remove all corrugated tin from the building and fence. They will install the Berridge architectural metal fencing that was referenced by staff at the last meeting on the perimeter fence where tin has been placed. This is that Berridge Vee Panel “Matte Black” color that’s in the attachment that we put on the staff report. The applicant also proposes to remove existing corrugated tin from the rear of the building, and then repaint the underlying masonry light-brown to match the remainder of the building. Wall treatments around the windows are proposed to be a smooth architectural metal that will also be in that “Matte Black” color. This smooth metal material will be fastened to existing battens that were installed to hold the original tin application. This will allow a more flush installation to the wall, and will have a similar appearance to the metal walls that were recently approved for the Stag’s Creek building. This is actually the metal material that staff had previously reviewed and was expecting to be proposed at the last Planning Commission meeting. Planning staff is supportive of the removal of the tin from the north wall and repainting of the underlying masonry to match the rest of the building, and use of the proposed architectural fencing system. The Planning Commission shall determine if the use of metal accenting on the building’s exterior is acceptable. If so, staff recommends approval of SP-16-16-06, for exterior façade changes at the Scout Financial building, located at 12304 Johnson Drive, subject to the conditions listed in the staff report. That completes our report. CHAIRMAN BUSBY: Is the applicant present? APPLICANT: Yes, Matt Mabe here on behalf of the building owner. CHAIRMAN BUSBY: Would you approach and give your name and address, please? MR. MABE: Matt Mabe with Complete, LLC; address 8666 W. 96th Street, Overland Park, KS. CHAIRMAN BUSBY: Is the applicant in agreement with staff’s recommendations subject to Commission approval? MR. MABE: Yes, Mr. Smitka, the owner of Scout Financial is and Complete, LLC would be performing the work on his behalf; so, yes. CHAIRMAN BUSBY: Thank you. Are there any questions for the applicant or staff? COMMISSIONER BOGINA: Mr. Chairman?

Page 4 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 CHAIRMAN BUSBY: Commissioner Bogina. COMMISSIONER BOGINA: I just had quick two questions. Are you familiar with a timeline that would be for delivery on the material? MR. MABE: I have not confirmed with the manufacturer as of yet as to when they would have that available. It should be relatively quick; I guess I would say within a couple of weeks that the material should be made available from the supplier. COMMISSIONER BOGINA: So, that if there was an added condition that it be installed within 60 days, to think that would meet your timeframe? MR. MABE: Absolutely. Yep, that would be fine. COMMISSIONER BOGINA: Okay. My second question is, the fencing material, is it two-sided? Or, is it just the panel shown to be on one side? MR. MABE: It’s on one side facing the parking lot; however, on the backside there is already existing fencing that was already there, there was a Scout Financial fencing that was already there, so it actually has wood fencing on the backside of it already. COMMISSIONER BOGINA: All right, thank you. Thank you, Mr. Chairman. CHAIRMAN BUSBY: Any other questions for the applicant or staff? If not, is there a motion on this item? Commissioner Peterson. COMMISSIONER PETERSON: I move that we pass SP-16-16-06; the revised site plan for Scout Financial building at 12304 Johnson Dr. according to the staff recommendations and with the addition of a timeframe of 60 days for completion. CHAIRMAN BUSBY: Thank you. Is there a second? Commissioner Willoughby. COMMISSIONER WILLOUGHBY: I second. CHAIRMAN BUSBY: Thank you. We have a motion to approve SP-16-16-06; revised site plan for Scout Financial building, 12304 Johnson Dr. façade revision, Complete Construction for Scout Financial Group, building owner, including the 60 days to have it installed. All in favor, say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay? Motion carries, thank you. (Motion passed 7-0; Bienhoff and Braley absent) E. NEW BUSINESS

1. SUP-08-15-08; CONSIDER WITHDRAWAL OF A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO REGGIE JONES, TO ALLOW OPERATION OF AN AUTO BROKERAGE WITH ZERO INVENTORY IN THE COMMERCIAL HIGHWAY ZONING DISTRICT, LOCATED AT 12694 SHAWNEE MISSION PARKWAY. CHAIRMAN BUSBY: Paul.

Page 5 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 PLANNING DIRECTOR CHAFFEE: This request is to withdraw the previously issued special use permit issued to Reggie Jones to operate Attention to Detail, an auto dealership with zero inventory, located at 12694 Shawnee Mission Parkway. The applicant no longer has a state automobile dealer’s license, and has forfeited his articles of incorporation with the State of Kansas. Planning staff recommends withdrawal of SUP-08-15-08 for a special use permit issued to Reggie Jones to operate Attention to Detail, located 12694 Shawnee Mission Parkway, since the business is no longer in operation. CHAIRMAN BUSBY: Are there any other questions for staff? We’re in Planning Commission discussion. Is there a motion on this item? Commissioner Wise. COMMISSIONER WISE: I move to approve SUP-08-15-08 withdraw of a special use permit, Attention to Detail, at 12694 Shawnee Mission Parkway, per staff’s recommendation. COMMISSIONER BOGINA: Second. CHAIRMAN BUSBY: Thank you, Mr. Bogina, Commissioner Bogina. There’s a motion SUP-08-15-08; consider a withdrawal of a special use permit previously issued to Reggie Jones to allow operation of an auto brokerage with zero-inventory in the Commercial Highway zoning district located at 12694 Shawnee Mission Parkway. All in favor, say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay? Motion carried, thank you. (Motion passed 7-0; Bienhoff and Braley absent) CHAIRMAN BUSBY: We move to: F. OTHER BUSINESS 1. DISCUSSION ITEM - TEXT AMENDMENTS FOR SENIOR LIVING DEVELOPMENTS. PLANNING DIRECTOR CHAFFEE: The Planning Commission began a discussion at the July 18, 2016 meeting regarding potential text amendments related to density requirements for senior living opportunities. At that meeting staff reviewed the current regulations, noting that there is no difference, except for parking ratios for the maximum density permitted for traditional apartment complexes and senior living opportunities. During a review of zoning regulations and land use definitions used in the Comprehensive Plans of peer cities, staff found that there was little difference whether the multi-family structure was for a traditional apartment complex, or for a senior living opportunity. Including Shawnee, all the cities recognize the need to provide a variety of senior living opportunities. Also, in some cases consideration is given regarding parking requirements for senior living facilities. Through the discussion, an outcome may be amending the current density definitions for all types of multi-family developments, or amending definitions that specifically speak to non-aged restricted housing and age restricted housing.

Page 6 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 Staff has outlined various development requirements used by the City of Shawnee as well as our peer communities. To guide the discussion, staff has prepared a series of charts that outline density definitions found in Comprehensive Plans, zoning districts that are appropriate for multi-family housing, and parking requirements for multi-family housing developments. As noted previously, and used for the most part by AARP and other senior advocacy organizations, senior housing opportunities are generally for those 55 years of age and older. Similarly, the age of 62 is used in some developments that tend to be more single family oriented. It should be noted that the City’s current Planned Single Family Residential zoning district definition uses 55 years of age as well as 62 years of age in the definition. The discussion to be undertaken is in regard to those facilities that tend not to be medical in nature such as skilled nursing and intermediate care facilities, but those that are centered more on senior living options for residents that do not necessarily require medical care. To assist in our discussion, the following definitions are generic in nature and are commonly used to describe various type of senior based housing: Independent Senior Housing-is a housing choice for seniors that do not require assistance with daily activities or 24/7 skilled nursing but benefit from convenient services, senior friendly surroundings, and increased social activities. Such facilities generally offer dining services, basic housekeeping and laundry services, transportation for errands and activities and other features for active seniors. They do not provide health care or assistance with activities of daily living such as medication, eating, dressing, etc. Assisted Senior Living- is a housing choice that provides a group housing environment for persons with disabilities or seniors who cannot or will not chose to live on their own. Who by choice or functional impairment may need personal care to compensate for the activities of daily living limitations and in which the facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours a day, seven days a week for the support of resident independence. Senior Continuing Care (Aging in Place) - is a housing choice that offers a full continuum of care so residents can move from one housing choice to another as their needs change. Usually a campus style complex with residents living in their own private apartments, within assisted living buildings. Often, a skilled nursing home or a portion of a building for those suffering severe memory loss is also on site. Skilled Nursing Facility- is a facility that meets long term health care needs for individuals who have the potential to function independently after a limited period of care. Intermediate Care Facility- is a health care facility designed to provide custodial care for individuals unable to care for themselves because of mental or physical infirmities. A registered nurse is required to be the director, and a licensed nurse is on duty at least 8 hours per day. These facilities provide less intensive care as that offered in a hospital or skilled nursing facility.

Page 7 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 The following definition is provided in the City’s zoning regulations for development of a solely single family residential community that is age restricted: The entire development shall be restricted to those persons 55 and older and a spouse of any age, or all residents over the age of 62; or restricted to at least 80 percent of the occupied units are occupied by at least one person who is aged 55 years of age or older. The last portion of the definition is provided for developments which may receive some form of incentive where the number of restricted units is a requirement of the financing. The following chart represents the definitions used by peer communities in their Comprehensive Plan to identify designations on their future land use guide for residential developments. Comprehensive Plan Shawnee Lenexa Olathe Overland Park Definitions

Rural Residential One unit or less per acre Very Low Density One unit or less per acre Low Density 5 or less units per One or less unit One to 5 units acre per acre per acre Suburban Density 3.5 units or less per acre Medium Density 5.01-10 units per 8 units or less 5 to 12.5 units gross acre per acre per acre Medium High Density 12.5 to 16.5 units per acre High Density 10.01 or more per 16 units or less 16.5 to 43.6 gross acre per acre units per acre Urban Density At least 16 units per acre Further, the City’s discussion of residential density in the Comprehensive Plan includes the following guidance: Projects which are near or exceed the midpoint (or with a Planned Mixed Residential development which is near a 14.5 unit per acre density) should provide exceptional design and use of high quality building materials which exceed those standards set forth in the Duplex and Multi-Family Design Guidelines Policy. Further, these projects should be in areas adjacent to designated arterial streets, or have natural constraints beyond the control of the property owner. In addition to a high standard of development, natural buffers should be utilized when possible, and in other cases intense landscaping and fencing shall be provided. Rural and low density areas would range from rural type uses to typical suburban subdivisions. Medium density could include duplex and townhome developments, small multi-family uses, and planned unit developments that provide a variety of housing types. High density uses would generally be apartment or condominium developments. Certain locations of the areas designated for low density development may be permitted a higher density where unusual development problems can be shown to exist.

Page 8 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 Assisted living, congregate care and other residential facilities designed for the elderly population, except those in single family residential structures, may exceed the midpoint of the land use designation, provided it can be shown that the traffic generated from such a facility is compatible with the surrounding uses and the design and materials of the facility blend with the surrounding neighborhood. Potential text amendments that may be considered include a modification of the suggested density requirements for the current listing for low density, medium density and high density, or an indication that given the anticipated traffic generation from senior living facilities that they may be appropriate for designated medium density areas provided the other comments are satisfied. The following chart represents the minimum square footage of lot area required for multi- family residential developments in the zoning regulations for the City and our peer cities. As part of the previous discussion staff had recommended that the Planning Commission consider a text amendment regarding age restricted senior living developments. It was noted that generally speaking senior living facilities have reduced minimum requirements for parking areas, and often amenities found in these types of developments are more internal to the facilities as opposed to outdoor amenities such as swimming pools and tennis courts. A “clubhouse” type facility is often indoor, and patio areas and walking paths are the most common exterior amenities. It is noted in the chart, that the City of Shawnee uses the Planned Mixed Residential district for all multi-family developments, and embeds the density requirements within the text, rather than having several separate districts for multi-family uses. Zoning Districts Shawnee Lenexa Olathe Overland Park Minimum sq. ft. per unit PSF-AR 5,000 sq. ft. per unit R-3 (PUDMR) 2,800 sq. ft. 3,680 sq. ft. and 2,562-3,630 sq. ft. 3,500 sq. ft. 15.5 units per 12 units per acre 12-17 units per acre 12.4 units per acre acre 2,250 sq. ft. 19.4 units per acre w/in ¼ mile of TSQ boundaries 2,000 sq. ft. 21.7 units per acre senior housing R-4 2,723 sq. ft. and 1,989-2,420 sq. ft. Cluster 16 units per acre 18-21.9 units per acre (3 story) 1,502-1,980 sq. ft. 22-29 units per acre R-5 1,210 sq. ft. and 968-1,452 sq. ft. 2,650 sq. ft. 36 units per acre 30-45 units per acre 16.4 units per (4 story+) acre

Page 9 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 RHR 800 sq. ft. 54.4 units per acre (4 story+) R-6 1,000 sq. ft. 43.6 units per acre (4 story +) The following chart represents parking requirements for multi-family uses. It is noted that Lenexa and Overland Park use a formula based on the number of bedrooms provided, while Olathe and Shawnee use a per unit calculation. Parking Stalls Shawnee Lenexa Olathe Overland Park Required Efficiency/Studio 1 space per unit 1.33 per unit One bedroom 1.5 spaces per 1.5 spaces per unit unit Two-bedroom 1.75 spaces per 1.8 spaces per unit unit Three+ bedroom 2 spaces per 2.0 spaces per unit, unit plus 0.25 space for each unit without dedicated garage space Multi-family 2 spaces per 1.5 stalls per unit unit Elderly facilities 1.3 spaces per 1 space per unit unit Community Living 1 space per 400 square feet Staff had proposed consideration of the following text amendment to the zoning regulations regarding the minimum sq. ft. of lot area to be provided for age restricted senior living developments. 17.54.230 AREA REQUIREMENTS. The minimum parcel size to be rezoned for a Planned Unit Development Mixed Residential district shall be four acres, except in the area within one quarter mile of the boundaries of the Townsquare zoning district and for age restricted senior living developments (residents age 55 and over) where the planning commission shall consider the minimum lot size proposed to be rezoned with a specific development. Additionally, there shall be provided an area of at least 2,800 square feet for each dwelling unit. This requirement may be reduced by the Planning Commission on properties within one quarter mile of the boundaries of the Townsquare zoning district to an area that contains no less than 2,250 square feet per dwelling unit. This requirement may also be reduced where adequate parking is provided, enhanced landscaping is undertaken and the level of amenities is substantial in the Planning Commission’s opinion to provide an

Page 10 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 enhanced living environment for seniors, to an area that contains no less than 2,000 square feet per dwelling unit. Additionally, the Planning Commission may desire to consider further amendments to the above mentioned section of the zoning regulations, as well as any modification to the Comprehensive Plan regarding density related to the type of residential use indicated on the Land Use Guide, or to provide revised text to indicate that a more dense age restricted development would be appropriate in specific areas. Based on comments from the Planning Commission, staff will prepare revised text to be considered at the September 7, 2016 Planning Commission meeting for review and approval for scheduling a public hearing in October. CHAIRMAN BUSBY: Thank you, Paul. Are there questions from the Commission? Commissioner Willoughby. COMMISSIONER WILLOUGHBY: Paul, on page 41 the last paragraph it says the discussion to be undertaken is in regard to those facilities that tend to not be medically related which the only one of the five or six is independent senior housing, correct? PLANNING DIRECTOR CHAFFEE: Which paragraph are you in, Commissioner? COMMISSIONER WILLOUGHBY: The last paragraph. PLANNING DIRECTOR CHAFFEE: Okay. COMMISSIONER WILLOUGHBY: Not to be medical in nature… PLANNING DIRECTOR CHAFFEE: Right. COMMISSIONER WILLOUGHBY: Okay, so everything is medical in nature except for independent senior living… PLANNING DIRECTOR CHAFFEE: Right, how it works…what we’re trying to say is that the skilled nursing facilities and the intermediate care facilities are the two that we are not necessarily taking a look at. That we handle them differently. Before a community senior care/ assisted living or independent living, those of the items that we are taking a look at being truly a senior living options. Those… COMMISSIONER WILLOUGHBY: The first three then? PLANNING DIRECTOR CHAFFEE: The first three, yeah. COMMISSIONER WILLOUGHBY: Okay, so what, if we are talking about, I mean, were talking about in the R3/PUDMR for senior living going to 2000 ft.²… PLANNING DIRECTOR CHAFFEE: Yes. COMMISSIONER WILLOUGHBY: At 21.7 units per acre, I mean, so why would we say medium-density of only 15? I mean… PLANNING DIRECTOR CHAFFEE: Well, I still think that you know, you may want to make a differentiation as to how dense senior living, an opportunity may be different for a portion of the community if you think you want to break them out, that’s fine, if you want to say all senior living medium density residential regardless of its density. I mean, that’s an option that’s fine too. And that was just a comment that I made as we were

Page 11 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 going through, if we wanted to make a change we could do it that way or, I mean, we don’t necessarily need to go down that path too if we want to say the most you’re going to get where we expect medium density residential is something like Vantage or not Vantage I’m sorry, Village Co-Op then, you know, that’s fine too. CHAIRMAN BUSBY: Commissioner Peterson. COMMISSIONER PETERSON: One of my questions has to do with what brought this on. We are, as a committee, has been proposed exceptions to the rule before so why are we making changes to the verbiage and appoint be to that same question is, why just senior living? What if it, say commuter/ young group apartments that they don’t have dogs, they already have a gym membership so they don’t need…so, I’m curious why we’re opening up this specific door. PLANNING DIRECTOR CHAFFEE: The reason we brought it up is that we’ve had numerous discussions over the past year, year and a half regarding senior living and right now with the regulations that we have in place, they’re capped at 15.5 dwelling units per acre, so we have a complex that say is going to be 90 units, you’re looking at 6 acres basically for someone to purchase to make development on 90 acres (units) of living. In the same vein, if I had a traditional apartment complex, I can get up to 15.5 units an acre provided I’m under the three stories in height, once you get over four stories, I mean, it’s a whole game changer. So as we sit with the developers, you know, they’re saying okay I have to provide the same, I have to purchase the same amount of property as someone who has a traditional apartment complex, but parking wise I don’t need to provide two spaces per unit, I only have to provide 1.3 units per acre (parking stalls per unit); amenity wise the folks that we are to cater to they don’t want an outdoor swimming pool, they don’t want to have to necessarily leave the building or a complex of buildings to get to a clubhouse type of facility, they most likely aren’t going to provide a tennis court but what I’m going to provide inside is I’m gonna provide a library, to provide an area that has pool tables, I’m going to provide a kitchen that’ll serve meals to the residents, I’m going to provide a beauty shop, I’m going to provide some limited type of healthcare where somebody may be able to pop in and pop out, they may have a nutritionist on staff if it’s available, and really the only thing that I’m looking at having outside is perhaps a walking trail in the gazebo and may be a patio area. So, unlike a true apartment complex I may have 25-30% of ground that I don’t need except for the sole reason to meet your zoning regulations. So, that’s why it got brought up. I think the broader discussion and, you know, maybe something we want to tackle at the same time or at a different time if we want to make changes to senior living and take a look at some others, you know, what about those situations where it’s just a regular apartment complex and do we want to change, you know, our square footage required for each one and then in the same thing do we want to change what, so what is medium density or what is high density, is there a different bar today then there was 20 years ago when the apartments are being built were “garden apartments” where they were three stories tall and that was it, you really didn’t have a lot of the more denser high-rise type of development; and before the recession, I think you saw a lot more younger folks; a traditional complex was fine with them because two years later they were going to move into a house; today, I think that’s a little different, a lot of them saw what their parents or grandparents went through during, you know, the recession, what it did to property

Page 12 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 values and, you know, I think you see more younger folks wanting to live in an apartment and that’s quite fine, you know, with them and they don’t mind a dense living opportunity; you know, some may not need a garage or may not need a space in under a carport because they don’t have a car or there may be shared living where there’s only one car; and I think as we expand our transportation network in Johnson County and we have more transit service available to different parts of the community that we may even see less and less of the younger folks and probably even older folks to needing to have cars; I think we’re still very car oriented out in this part of town as opposed to Midtown around Union Station or downtown or something like that. So, that’s the motivation with the senior living, not that we are necessarily missing a boat, but I can’t let you know when Village Co-Op came in and we took a look at a number of units that would fit on the piece of ground that they were able to obtain, we said yeah, you know, that seems like a reasonable location for what you are looking at doing but this is the number of units that are gonna fit with the ordinances that we have in place. And I think that one turned out really nicely, not to say that if you build a four story building, but the wings maybe then could’ve been a little longer; they have some big setbacks. CHAIRMAN BUSBY: Any other questions? COMMISSIONER BOGINA: Paul, have you done a typical layout as to how a building of three stories or less at 21 units would layout? PLANNING DIRECTOR CHAFFEE: I have not. COMMISSIONER BOGINA: It seems like that unless there is underground parking with that much density, that it doesn’t, and you could cut back on the requirements of parking it seems like it still is kind of edgy as to whether or not you can get 21 units an acre on, without underground parking even with a, but maybe you are proposing to have less green area. Are you proposing we have less green area? PLANNING DIRECTOR CHAFFEE: There would be less green that the same time to get the 21.7, the Planning Commission’s going to need to buy off on it. We’re not saying that everybody can have 21 and may be to do that they do have the, some of the added amenities that, you know, were talking about, that they do have to have the garages to meet that type of requirement or the amount that is open space is right at the minimum requirement rather than exceeding the requirement which most of them have to do just to make the requirements to provide the amenities that are required to be provided on the site. COMMISSIONER BOGINA: And I don’t have a problem with, I just don’t know if it fits. I know that, I’m sure that Overland Park and Olathe with their 40 units per acre that they are intending it to be underground parking or off-site parking… PLANNING DIRECTOR CHAFFEE: Yeah, as an example, the Sunrise, and I don’t know if it’s assisted living or just independent living down at 87th St. and Lackman, that’s about 26 units per acre on that corner, its south of the Henhouse and east of Panzon’s down there, it’s a three-story stone building, they don’t have any underground parking, there’s is all surfaced parking, so…you know, at least that specific design (inaudible) I think they are three (inaudible) I believe they are three.

Page 13 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 COMMISSIONER BOGINA: I just wondered. PLANNING DIRECTOR CHAFFEE: Yeah. COMMISSIONER BOGINA: To see if we were going to propose this if it really fit. You think that somebody, there’s a CAD person somewhere that could just do a typical… PLANNING DIRECTOR CHAFFEE: Sure, someone could do it or they may be able to fit in 18 unit but right now they couldn’t even, you know, bring us in 18 unit. I think, you know, I think we want to encourage some good design and some innovation and that type of thing to go on also. I think you’ve got some developments down and Olathe that are three-story that are around 19 to 20 units per acre down along 135th St./133rd St. down in that area. COMMISSIONER BOGINA: Thank you. CHAIRMAN BUSBY: Commissioner Willoughby. COMMISSIONER WILLOUGHBY: Paul, how will this…this is all mixed residential so how will the changes to the senior requirements equate or pass over/pass through to the mixed use? PLANNING DIRECTOR CHAFFEE: Well, the mixed use we have its own category on its own, it’s its own type of PUDMR… COMMISSIONER WILLOUGHBY: But it can have senior living so… PLANNING DIRECTOR CHAFFEE: Mixed use… (Inaudible) COMMISSIONER WILLOUGHBY: To make it for mixed residential and not do something, wouldn’t you want to do something for in the mixed use also? PLANNING DIRECTOR CHAFFEE: I think we already have that part covered on the mixed use. COMMISSIONER WILLOUGHBY: Oh, okay. PLANNING DIRECTOR CHAFFEE: And mixed use, will be call mixed use is true mixed-use where you have commercial/office or some use on the bottom however many floors and then as you go up you have the residential on higher as opposed to, you know, you read the Metcalf south plan and that it’s a mixed use development because it has office and commercial retail together and all that. I think it’s a stretch calling that mixed use, I think. I think mixed-use and Shawnee and how we talk about in the Comprehensive Plan and the Zoning Regulations is a true mixture of residential uses with commercial/office type of uses. CHAIRMAN BUSBY: Paul, I have a couple of questions or couple of comments anyway. In the height of the buildings, do I remember right that we had trouble with the hotel out here and that four stories was as high as we could go in the city? Does that…not the case with… PLANNING DIRECTOR CHAFFEE: We used to that concern with how high the ladder trucks could rise and in today’s world with building codes with requiring sprinkler

Page 14 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 systems and our fire suppression system, we’re able to handle taller buildings that we use to be able to be able to handle. CHAIRMAN BUSBY: I think one another thing is, roughly 4 or 5 years ago we changed that if we were going to allow businesses to not have as much retail parking spaces we said they had to enhance the landscape by a larger caliber trees and enhanced landscaping and I think that to me would follow suit that you are really gonna have to put out something nicer for landscape, bigger caliber trees for me to say yeah, I get what we are trying to do. PLANNING DIRECTOR CHAFFEE: And I think over time as we have those discussions, that’s what we can relay-on to the developer himself. I mean, right now the reduction is there, 1.3 is all that is required, were not proposing that it necessarily be any lower than that but I think with design and to get density, you may see less surfaced parking anyway because you’re going, I think you may be more likely to see some garages incorporated into the design of the building than you have before. What comes to mind quickly that was a Shawnee case was out at Shawnee Hills. When they built their building, given the number of units that they had, and I can’t remember they have 120 units or how many units they ended up with, to me the Zoning Regs they were then required to if they had 120 units then they were required to have 12 acres of ground; there building is built on the western portion of the property, but basically because of the zoning and density requirements, they have about 5 or 6 acres that are sitting to the west of them that’s just, or to the east of them, that’s just there that they are not good to be able to develop because they needed to have that property for, to be able to build their building where if there was an increased density there’d be an opportunity where they could come back and build a second building or they wouldn’t have needed to purchase the 12 acres to begin with from the get go. CHAIRMAN BUSBY: And one more question or thought. And that is, I understand they don’t want to build tennis courts, nobody will use them, I don’t want to see the old people out in a swimming pool so the that’s fine with me. But at what point in time on this age restricted housing do we not have the ability to go in and say fine, the exterior amenities that we would normally require we should be going into interior amenities that they are going to build and say that we expect enhanced versions of that if we’re going to allow you to build on a more dense property? PLANNING DIRECTOR CHAFFEE: Yeah, we could do… CHAIRMAN BUSBY: Is there a precedence for that from other cities? PLANNING DIRECTOR CHAFFEE: Olathe does require enhanced architectural features, not that so much enhanced amenities but certainly as we go through this process, you know, if you would like for us to bring us the multifamily design guidelines and then we can drop in, you know, some verbiage that we think would be appropriate there and then we also have the multifamily amenity policy and we can drop something in there for senior living also. So, I mean, we can handle all of those things all at one time if you’d like to do that, we can prepare something and bring those to you also at the next meeting or whenever you would like to… CHAIRMAN BUSBY: So, we can’t have some control over interior amenities as well?

Page 15 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 PLANNING DIRECTOR CHAFFEE: You can and you know, it’s a PUD so they bring it to you, so if you decide you want the senior living facility to have… (Inaudible) PLANNING DIRECTOR CHAFFEE: 3 or 4 things from a bigger list of interior because you’re not in lieu of the exterior types of amenities that we would expect in a traditional apartment complex we can certainly come up with something like that, along that line. I mean, they can pick and choose what they want, it seems like each senior living developer has their own little niche or little, you know, that they like to do to not be so close to say, okay here’s your 12 choices, you have to pick six of them and when they’re doing something really cool that we never thought anyone would provide in their complex. CHAIRMAN BUSBY: And, one more thing. One thing that does concern me is if we take the independent senior housing, those are basically apartments with amenities, but what, if we decrease the parking required for that, and in some point in time somebody comes back and says well we’re no longer going to be age restricted, then if we’ve allowed that to get on such a small area, in other words a density so high, how do we work in all these extra parking spaces that we currently require? PLANNING DIRECTOR CHAFFEE: They would be required, if they are going to make a change, though be bringing you a site plan to show you where the additional parking is gonna be. CHAIRMAN BUSBY: Okay, thank you. Any further questions for staff? Commissioner Peterson. COMMISSIONER PETERSON: It’s really not a specific question…it seems like in today’s world everybody is wanting less; the seniors want to live in apartments instead of houses with big yards and its maintenance; but, our young people are in the same boat, so I just want…if we open this up to seniors, I think we should be looking very seriously at opening it up to other age groups as well because they are doing with less. Take a look at your TV channels. (Inaudible) we talked about the cottage developments, those types of things; young people want indoor amenities too, not everybody wants to go out and swim in the pool or do whatever. So, I’m just gonna voice again, I think this is a good idea and I think were on the right track, I really do think we should raise it past the 15.5, the 21 makes me a little nervous because I’m not sure how it will work but I just don’t believe it should be age restricted, maybe it’s just because I’m way too close to that number, the lower one. But I really would like to urge us to not just do it in this one area. COMMISSIONER LES SMITH: Mr. Chairman? CHAIRMAN BUSBY: Commissioner Smith. COMMISSIONER LES SMITH: Just a couple of comments and perhaps suggestions. Paul, I think you are spot on with your concept, your theory if you will, I’ve spent a lot of time lately having to look at different facilities for a parent and for example there is one up at 70th? and Pflumm, south of 75th St. on Pflumm, closer to 87th Street, I’ve been in that place seven times and never seen a car come out of there, they built a sister

Page 16 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 project that my mother is moving into up in Gladstone, as a matter of fact, and I’ve sat on her deck for over 2 ½ hours over the weekend and saw one car go in and out, so I think you’re absolutely right and what they have outdoors for amenities is exactly what you’re talking about, they have sidewalks connecting each building and they have a couple-three patios with rocking chairs on them, everything else is focused on the interior of the complex. And secondly, just kind of, on your last page you talk about amenities substantial in Planning Commission’s opinion in an environment for seniors, going back to the days of (inaudible) they’re focusing a lot on aging in place and they are focusing a lot on a sense of place so I might suggest in your language that you include a memorable sense of place, because that does a lot of things and a memorable sense of place for seniors is not only a nice complex, it’s not only convenient but it has a place that they actually truly call home, that’s going to include a lot of outdoor stuff like landscaping and different features and architectural features and whatnot; I’d like for you to consider that perhaps that is a good way of putting what you’re really looking for. That’s all. CHAIRMAN BUSBY: Commissioner Smith, I think I’d like to disagree with you on one thing. And that is, the car’s not moving…my mother-in-law is 94 years old and lives in Bonner Springs and she’s put 500 miles on her car since November 26, 2014. Now one day a year or so ago she decided we were going to take her car away from her, so she explained it this way, I’ve seen it before…I stand at the window and watch them take my car…I cry and then I die. Taking that car away, even though it’s not moved, having a parking place for that car is still extremely important to her and that would be my only point. COMMISSIONER LES SMITH: Sure and I don’t disagree. My mother is 93 years old and still drives like a maniac and bowls twice a week, so I’m on the other end of that spectrum, I see her come and go but…you’re right, I don’t disagree with you at all. My experience in watching the two projects and again they have underground parking, that’s another thing, there’s just not a lot of movement. But, your point’s well taken. PLANNING DIRECTOR CHAFFEE: And I think what both of you sort of show is that, you know, there’s no boiler plate for, you know, senior housing facilities that each one is geared toward the need that they want to provide with the feeling that they are going to be able to fill their complex and certainly be something successful so I think that’s one reason why even senior housing is a lot more difficult to stand and discuss the single family housing or even an apartment complex which has, you know, the whole mixture of people it’s just that different developers sort of target different needs and so I think we need to be open and two, you know, both density wise/amenity wise to take a look at each one as they come in. CHAIRMAN BUSBY: Commissioner John Smith. COMMISSIONER JOHN SMITH: Yeah parking, I think is an issue, I agree because my birth mother lived till 96 and probably drove until age 93 and in a more rural setting, but I think a setting like we have here, our public transportation hasn’t evolved that far and I think that if we don’t provide the parking it discourages family and others from visiting, too. It’s like we institutionalize them almost, so I think we want to be careful about not including sufficient parking whether they have vehicles or people who come with

Page 17 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 vehicles. Even in the community where we live in, the parking is an issue; we have people who violate our covenants because they have too many vehicles and they park in the streets. So, we’re not there yet, so I think we might be moving in that direction but we don’t have public transportation nor have we accepted, typically the older people, public transportation. You remove their ability to move about and that’s, I think someone said just let me die. That’s the concern I have, so as you write your verbiage I think we need to be cognizant of that. CHAIRMAN BUSBY: Any other questions or comments for staff? If not, tell me how we proceed from here Paul. Did we give you enough information? PLANNING DIRECTOR CHAFFEE: I think what staff was looking for was some direction from the Planning Commission, if you think it’s an item we continued to pursue, for staff to prepare some verbiage, for all of you to consider it at your next meeting and then we can tweak the verbiage still, we can do whatever and then schedule a public hearing to make amendments to the Zoning Regulations; if we want to make any, we may bring something back for you to consider in the Comprehensive Plan and we can go that way, or we don’t have to go that way; that certainly would be a recommendation that would go on to the Governing Body; and then we’ll take a look at the multifamily amenity policy and multifamily design standards and try and come up with some verbiage to include in those; and those are your decision to make so, you know, however you want the verbiage to be for those types of, for that type of use, you’ll be the ones to set those; and then that, you know, it does help staff to sort of set the standards to let a developer know when they come in that we’re not just looking at some nice trees, that you are also expected to have these things; any combination, you know, sometimes in the multifamily amenity policy we say, you know, depending on the size of the complex you have to have two of these or three of these and then we just have the whole list choice, you know, for them and we may expand the list a little for senior type uses and but a little asterisk that says these may be alternate selections for a senior living, you know, environment and then still have, you know, you need so many for whatever size you are, or something like that. (Inaudible) PLANNING DIRECTOR CHAFFEE: Nodding heads or just a motion out of you or whatever you would like is fine with me. CHAIRMAN BUSBY: Is there a motion for the staff to proceed with trying to come up with some verbiage on the changes that we’re talking about this evening? COMMISSIONER LES SMITH: Mr. Chairman, so moved. CHAIRMAN BUSBY: Commissioner Smith. COMMISSIONER LES SMITH: Sorry, so moved. COMMISSIONER JOHN SMITH: I would move that the staff proceed with development of verbiage for senior living developments considering the discussion that you heard in our two meetings. CHAIRMAN BUSBY: Is there a second Mr. John Smith?

Page 18 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 COMMISSIONER LES SMITH: I’ll second. CHAIRMAN BUSBY: Thank you. All in favor, say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay? Motion carried. (Motion passed 7-0; Bienhoff and Braley absent) CHAIRMAN BUSBY: Does staff have any other business for the Commission? PLANNING DIRECTOR CHAFFEE: One item to remind you that August has five Mondays so our next meeting will be in three weeks but will actually be in three and half weeks because we have Labor Day on our normal date so it will go to the Wednesday which I believe is September 7; then secondly, for the next meeting will probably ask all of you to come in a little early, I think some of you know that Planning, we, Codes Administration Division was merged into Planning early last fall been kind of operating on opposite sides of the building on different levels so after your next meeting, we’ll be moved downstairs so Codes and Planning will all be together in one place and I think that will bode well for the department and the interaction that goes on between both of us but we’ll have you go downstairs and hopefully by then we’ll figure out where were going to move your mailboxes and where we would all like to meet to come into the meeting, we have a couple of choices, we may end up coming in off of the other side and where we come today or if we all just still want to meet in the Planning office, we can all meet in there, and one of the other reasons is they are going to be doing some construction work and reconfiguring the area where we all are now; all Public Works people that are in 3 or 4 different places in the building are all gonna get to move together and so they’ll have our facility, so we just want you to be aware that if you come in, your mailboxes can be in, on any file cabinets along the hallway anymore, so just wanted to lead you through it. CHAIRMAN BUSBY: I have one thing and that is, roughly in February or March I asked for review of the sign code and the business lighting code. When will we get to that? PLANNING DIRECTOR CHAFFEE: We can get to it shortly. To be really honest with you we lost that off of our radar. So, and it’s in response to some of the lighting that we saw around Christmas time this last year, I believe. Is that correct? CHAIRMAN BUSBY: Terrific. Thank you, the other thing is, it is so nice to see the Chamber of Commerce here, we are very thankful you are here for this delightful, entertaining meeting and you know you are always welcome to come to this. (Inaudible) CHAIRMAN BUSBY: Yes, sir. COMMISSIONER BOGINA: Do you know what the status of the Vantage litigation is? PLANNING DIRECTOR CHAFFEE: They are, our attorney is still getting/gathering information from staff and some of the City Council. They’ve asked for… (Inaudible)

Page 19 APPROVED PLANNING COMMISSION MINUTES AUGUST 15, 2016 PLANNING DIRECTOR CHAFFEE: They haven’t started depositions. I imagine they will shortly, but they were still gathering some email and some phone records and items along the way. COMMISSIONER BOGINA: Thank you. CHAIRMAN BUSBY: Anything else? Surely a motion for adjournment could come from some place at any time. Commissioner Peterson. G. ADJOURNMENT COMMISSIONER PETERSON: I move we adjourn this evenings meeting. CHAIRMAN BUSBY: Is there a second. COMISSIONER WISE: Second. CHAIRMAN BUSBY: Commissioner Wise, thank you. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay? Motion carried. (Motion passed 7-0; Bienhoff and Braley absent)

Page 1 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

CITY OF SHAWNEE PARKS AND REC ADVISORY BOARD MEETING MINUTES August 4, 2016 5:30 P.M.

Board Members Present Staff Present Peter Ehrlich Parks & Recreation Director Holman Denise Shannon Deputy Parks & Recreation Director Lecuru Donna Sawyer Shawnee Town 1929 Director Pautler Jennifer Riggs Rebecca Bailey

Board Members Absent Elaine Copp Pam Cremer Shelly Fabac

(Parks and Recreation Advisory Board Meeting Called to Order)

A. ROLL CALL

MS. SAWYER: Okay. We’ll call the August 4, 2016 Parks and Rec Advisory Board Meeting to order. This is Donna Sawyer and I am chairing tonight because our chair and vice chair are not here. So could we start with roll call please?

MR. EHRLICH: Sure, Peter Ehrlich.

MS. SHANNON: Denise Shannon.

MS. SAWYER: Donna Sawyer.

MS. BAILEY: Rebecca Bailey.

MS. RIGGS: Jennifer Riggs.

B. CONSENT ITEMS

1. Approval of the July 8, 2016 Parks and Recreation Advisory Board Draft Minutes

MS. SAWYER: And first on the agenda is Consent Items, Approval of the July 8th minutes. Any corrections? Rebecca?

MS. BAILEY: I don’t have a correction, I was going to move to approve if there are no corrections.

MS. SAWYER: Okay.

MS. SHANNON: I’ll second that.

Page 2 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

MS. SAWYER: Okay. It’s been moved and seconded. All in favor?

PARK BOARD MEMBERS: Aye.

MS. COPP: Opposed? Okay.

[Therefore, Ms. Bailey moved and Ms. Shannon seconded to approve the Parks and Recreation Advisory Board Draft Minutes of July 8, 2016. The motion passed 5-0.]

C. DISCUSSION ITEMS

MS. SAWYER: Okay. Discussion Items. Tour de Shawnee.

MS. LECURU: Tour de Shawnee is at the end of the month. [Inaudible; talking off mic.]

Recap: Ms. Lecuru provided the information for the Tour de Shawnee held August 28th, 2016. She provided route information of the three tours, 5-mile, 12-mile, and the 27- mile. Further information can be found at www.recreateshawnee.org or by contacting the Parks and Recreation Department at (913) 631-5200.

Ms. Lecuru asked for volunteer help.

MS. BAILEY: I texted you the other day that I would.

MS. LECURU: Yes. Okay. And what did you want to do?

MS. BAILEY: I’ll do registration.

MS. RIGGS: Can you ride and volunteer?

MS. LECURU: Yeah.

MS. RIGGS: You can do both?

MS. LECURU: Rebecca does – help with registration and then rides with her family.

MS. RIGGS: I can probably [inaudible; talking off mic]

(Ms. Lecuru provided information regarding check-in and race times.)

MS. RIGGS: So, registration is 6:30?

MS. LECURU: Yes.

MS. SAWYER: Okay.

MS. LECURU: Questions about the tour?

D. MEMBER REPORTS

Page 3 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

MS. SAWYER: Member reports. Any board members have anything to report?

E. STAFF REPORTS

1. DIRECTOR’S REPORT

MS. SAWYER: Okay we’ll move on to Staff Reports. Director’s report, Mr. Holman.

MR. HOLMAN: I gave a bunch of handouts to everybody. Got a little bit of the good, the bad, and the ugly I thought today.

So, we’ll start off with the good. The first one is the four Turkey Creek projects that is right down -- so, this right here is Shawnee Mission Parkway. Right here, this road is Shawnee Mission Parkway. The yellow road that’s right there that splits the project, that’s Neiman. So, and what is it, the buildings that were torn down on Shawnee Mission Parkway, Kevin Tubbesing’s project. Right now they’re putting in the creek, moving the creek back to build his office complex. So that’s Phase One that’s going in. They’re starting that right now.

So it’s a $19 million project that is four phases and in will pretty much repair the creek that goes up in there. The boxes will be redone at Nieman, so we need to add another box up there. And they’re also looking at hopefully trying to get the utilities down underground on that.

So when I’ve came before we’ve gotten -- so that project has been going, but then we’ve also got the Nieman corridor study project. And that’s been really -- that’s been going very well. City Council is very supportive of that from a four lane down to a three lane. That’s one of the recommendations that they are looking at. And then they would have a -- then one of the recommendations, the other one, and, Denise, I kind of stole yours because we don’t -- the copier keeps jamming.

So, on the east side of Neiman from Shawnee Mission Parkway up to West Flanders, we would have a multi-use trail, a ten-foot trail that will go all the way up to the park. So, that will be a pretty nice addition for down there. Plus with the drainage project we’ll have a bridge that comes over from 62nd, goes right behind the post office, or goes over the creek, but then a trail that will come up to behind the post office, behind Russell Florist, and up to Shawnee Pizza right there. So there’ll be a trail that you can get on there and go back, like going over to Panera and over in that area. So, there’s a lot happening down at this area.

So they were looking at doing some striping first just to bring it down to three lanes and see how it’s going. That’s still kind of up to debate because when they start doing Neiman they’re going to have to shut it down and only have two lanes to get the boxes in. So will be a moving target on that. So, in the next year or so there’s going to be an awful lot moving on, moving down at Shawnee Mission Parkway and Neiman with all the improvements.

And then hopefully with the improvements on Neiman that will come right behind it. So that’s kind of exciting on that. So that’s the good on that.

Page 4 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

The bad, our streak would run out. That’s the TAP Grant that we wrote for Martindale, Connect Shawnee Martindale to the Gary Haller Trail. Competition for the dollars anymore is very tight. And this is kind of a recreational trail. It does go over the railroad crossing which is good, you get points for that. You know, you have a bridge, you go over the stream, Mill Creek and you get points for that. But as far as does it provide complete streets, does it do anything for transit, does it take anything to an activity center, does it take you to an activity center, those point, you just -- they’re not there. So, and then with the large section, you know, we’re kind of in the upper middle of scoring.

And those were the projects. The ones in black were the projects that were around town that were approved. So, in this TAP funding there’s also historic restoration that’s in this. So, the Leavenworth and the depot, the train depot up there in Leavenworth, they needed a lot of work done with the stone. So, and that’s a beautiful building that’s on the registry. So, that took about a half a million dollars out of it. There was only about $2.3 million in funding.

So anyway, so that was kind of a, but anyway we’ll -- this was 2019 or 2020 funding. So, we’ll see what happens on the next round.

The other project that we kind have been talking about that was down at Linking Shawnee to Merriam. This was a project that we, you know, in my opinion we’ve done more public meetings and open meetings than I even do on a park project. So, this was a good project. A lot of people came. We had voting. We took surveys. And the route that won was this green. You come up and then go over to the blue. But so we here recently had three stops. We had an ice cream truck and we would go out and even do more surveys, door-to-door surveys of the people that will be affected. And this is the ugly part that didn’t go over very well. So, people change their mind I guess. So, this is a grant, so we’re going to -- the 31st, the staff and the consultant will get back together and we’ll have, it’s a good document, but we will -- we can use for the Goddard Heights or we could use for other areas. It’s got a lot of good information in there. And then in September, I think that second week, the first or second week -- first week, we take it to City Council and see what they want to do. But it will probably, you know, I hate to say be put on the shelf, but it will be. And it would probably just be, in my opinion, probably will be, and just be as a kind of important document.

And we have when -- we get together on this one and on the Neiman, I didn’t copy it because it’s 75 pages, and then this one is going to be big too. But I will give that to everybody and send it to you. And that will have all of our surveys, everyone’s comments. It will also have the petition to not do it. So, everything that we’ve ever generated will be in this document, so it’s going to be a really big document on this one. And then on the Neiman one, we will do the same thing on that, all the surveys, everything that we’ve done will be tied into that executive summary, that last thing. So, anyway at least there’s a lot of good information in there and I think we could use it for other areas and maybe down the road.

MR. EHRLICH: Neil, would you comment on what the objections were? Change of heart?

MR. HOLMAN: Well it was hidden. We never told anybody about it. The idea was to come in. We were very cautious on saving trees. You know, there was a lot of trees

Page 5 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

and utilities, old neighborhood, a lot of neat treas. We were looking at a kind of bigger sidewalk, like a six-foot sidewalk with bikes on the street because it wasn’t that heavily trafficked, traveled. It’s just neighborhood traffic and just didn’t, you know, the people that -- yeah, I don’t know. It just didn’t go over very well. So, they just -- they obviously didn’t want it. So they don’t want it. They don’t want kids walking in front of their house. They don’t want, you know, there’s just a lot of comments that were made. So, they don’t want -- it would bring people into the neighborhood. They didn’t want anybody, so. They don’t want a connection from Neiman to Merriam, so it’s too bad. I mean, I thought we had a lot of good open meetings. I think we had four or five. We had a huge one down at the -- the best thing about the whole thing, the Mayor was there and she saw it. So, it was very good for her to see the process of what all happened.

Really nothing to report on the other projects. I mean, we’re still trying to put some stuff together. We’re still designing Connect Shawnee. The state is just killing me. I don’t know why they can’t just -- the plan -- the full plans are there. They’re ready to go to bid, and just waiting on his blessing. Just his okey-dokie. So, but we just can’t seem to get off the line on some stuff. So that’s very frustrating with the state and KDOT.

That’s it on the projects and as soon as the other projects come and we’ve got the two executive summaries, I’ll get those out because I told the bike board to get those out to them as well and I don’t know if you want to read it or if you want to go skim through it. But it has all the recommendations on there and it’s a good document. And then as soon as the other projects come up and they’re ready to start going on those, then I’ll start bringing those and start showing where we’re at with those. So, any questions? Anyone?

2. PARKS REPORT

MS. SAWYER: Parks report. Or, Tonya, do you have a report? Okay.

MR. HOLMAN: Park is trimming, mulching trees. So, just doing dailies. That’s about it.

MS. SAWYER: Okay.

3. SHAWNEE TOWN 1929 REPORT

MS. SAWYER: Okay Shawnee Town Report. Mr. Pautler?

MR. PAUTLER: Hello, Charlie Pautler, Shawnee Town Director. It’s been a long hot summer but we’ve had really good visitation and we have just finished a bunch of events and we have several coming up in the month of August. So, we’re closing in on the end of the season.

This last week, and I want to bring you up to speed, we had Game Night for Families last night. It was a very hot evening, but we still had 27 people show up to play some period 1920s games and spend good family time together. Back on Saturday of last week we had Movie Night at the Farm and we played a Charlie Chaplin film up on the side of the barn, the main barn at Shawnee Town, the market shed. And we had 75 people that showed up. It was a very warm evening again, but with lots of help from the Parks Department setting up the canvas on the side of the

Page 6 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

barn, getting the popcorn from the pool, the popcorn machine, getting the PA equipment, even though it’s a silent film, you still have music to put you in the mood of the scene that’s happening. So, it’s was a group exercise and the public really enjoyed it.

So let’s see, we have the Time Travelers program that continues through next week and that is our living history program that runs Tuesdays, Wednesday nights and Thursdays during the day. And that ends up next Thursday, a week from today, which is August 11th. So, if you haven’t had a chance to come out, I know school is about ready to start, but bring your kids out. It’s a great time. Even though it was a hundred degrees today we still had probably 17 people that showed up. We give them each a medal when it gets over 100 degrees. Not really.

And Jammin’ on the Green is our summer music series. We have four concerts on the bandstand there at Shawnee Town. We’ve got one coming up but the end of this month, August 24th. I promise it’s going to be cooler, and we’ll bring back the Grand Marquis, which is Kansas City, Missouri band. They play 20s, 30s, 40s music. They’re one of Neil’s personal favorites. So we’ve had some good, good concerts this summer.

The Friends of Shawnee Town Craft Fair is coming up. It’s the 41st annual. It’s a very successful fair for arts and crafts, material for sale. Two years ago we started incorporating kids’ activities into the events so the whole family can come and we generally draw around 4,000 to 5,000 people, if the weather is nice, for that event. And that is one day. That’s September 17th, which is a Saturday from 9-4. So that’s coming up.

Once we close down our Living History Program, then we kind of take a two-week breather, and then we start our fall special events seasons. So we’ve got the Craft Fair. We’ve got the Halloween event. We’ve got the Christmas event coming up in December.

West Flanders Park. I’ve mentioned this off and on the last year or so, but I’m getting back on that project. And at West Flanders there, we are going to be installing a very small poppy area to show why the park was named Flanders. It’s named after Flanders Field in Belgium, our Sister City Park there. And we’re going to have a commemorative sign that talks about the poppies and the significance of poppies and the significance of Flanders. So, I’ve been contacting -- there’s a local guy from Shawnee here, Jim McDuff, and he’s working with the local VFWs. We’ve talked about it again today, so we will be asking for money from the local veterans’ organizations, the Legions, the VFWs to see if they can help pay for the sign, that’s the interpretative sign.

And last but not least, on August 16th at the City Council Finance and Administrative Committee Meeting, I’m going to be presenting the plan, the Strategic Plan for Shawnee Town 1929. It’s the same plan basically that I presented to this group a few months ago, but we’re going to be presenting it to them so that we can move forward with our next phase of construction. So I invite all of you to come. That’s the evening of August 16th. That’s a Tuesday. I believe it starts at 7, is that right? And then we also have some new volunteers that have come, we’ve had a really good summer of volunteer recruitment. Maureen Kronawitter is our volunteer coordinator, and she’s fairly new in that job. And we’ve had several that have come out to see us and tour the program. And at the end of the tour they say, well, you know, I’d really like

Page 7 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

to help out. So, we’ve had about four people join us this summer and they want to come back and help us in various aspects of the program.

I think that’s all I have for these updates. Just keep your eyes peeled for all of the events coming up in late summer and early fall. So, we’re getting into our big special events seasons, so I hope you come see us. Any questions?

MS. SAWYER: Thank you, Charlie.

MR. EHRLICH: Charlie, I do have a question.

MR. PAUTLER: Yes.

MR. EHRLICH: Would you be able to say what the average age was for the Chaplin film?

MR. PAUTLER: I was not there for that event, so I don’t know. I don’t know the answer to that, but there were a lot of families that came, younger families. So when we have a speaker series, which is a special event at Town Hall, they’re usually in the winter time, and we have a 1920s film series, the average audience is usually in their 60s and 70s. But I think for this event, and for most of our evening summer programs at the farm and, you know, the Wednesday evening programs, they’ve generally been younger families. So in their 30s, 40s, and 20s.

MR. EHRLICH: Thank you.

MR. PAUTLER: Yeah. Thank you.

4. AQUATICS, CIVIC CENTRE, RECREATION REPORT

MS. SAWYER: Okay let’s move onto Aquatics, Civic Centre and Recreation Reports. Ms. Lecuru.

MS. LECURU: I’ve got lots of updates for everyone. But Aquatics, we’ve had a good summer as you can guess. It has been a little warm so that has been conducive to attending the pool. To date we have had over 1,600, almost 1,700 swim lessons, 43 dive lessons or dive participants. We had one of our biggest Shawnee Sharks Swim and Dive team with 253 participants. And I’m pleased to say that our dive team took first place in the Johnson County League and the swim team took second place, which with Olathe in our league, second place is first place and Olathe is on their own. So, they have about three times the size of most other teams. So anyway, we were very pleased with that. They did a great job and they wrapped up their season with the Dive- In Movie and a potluck and award ceremony up at the pool, and had a great time.

We’ve seen a lot of increase in our water fitness classes this summer with water walking which is a just at your own pace type water walking in the Lazy River in the mornings. But then we also have our Wild River Walk, which is a guided program with weights and different instruction and things. Both of those programs have just seen huge increases this summer. And we had a participant this morning that said, I didn’t realize, I thought everybody was old that did this. I should have done this all summer long. This is a great

Page 8 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

workout. So, I imagine next summer it will be even bigger, so lots of things going up there.

Next event coming up at the pool is our K-9s at the Cove. And Wayside Waifs and Google Fiber are helping to sponsor that event and will be onsite. That’s on August 20th. There are two different sessions, one for small dogs, and one for large dogs. And then a third session that is for a free for all, whatever size you want. We do encourage advanced registration just so we have an idea of attendance, but you can also just drop in if you’d like to. And I believe it’s a $5 or $6 donation to that and that helps support Wayside Waifs.

We will be going to pool hours on next Friday, August 12th. This is the first year that Splash Cove will actually have fall pool hours. Normally they’re closed for the season by the time kids go back to school and this year they’re not. Shawnee Mission School District goes back next Friday, so we’ll go to pool hours which is 5-8 pm Monday through Friday, and the normal hours on the weekend. And then Splash Cove will close on Sunday, August 14th. And then Soetaert will remain open until Labor Day. So again, school hours during the week, 5-8, and then normal hours 12:30-6 on Saturday and Sunday.

I mentioned with our Civic Centre that Jennifer is expecting and the doctor said this week, a 50/50 chance she’d be with us next week. So, we’re holding out for two more weeks, so we’ll see.

We did take one of our pool clerks that worked with us this summer and she has transferred as a Civic Centre Supervisor evening position with the fall due to the resignation of one of our other supervisors, so that’s why we’re also looking for maybe one other Civic Centre Supervisor. So if you know anyone who’s looking for a part-time job, please have them go to the City’s website and apply. It’s a fun job. It’s an easy job and it’s great for students or teachers that have a lot of those.

So, Craft Fair is full. Craft Fair is over full for the Holiday Treasures Craft Festival, which will be at the end of October. The whole building as well as our outside tent and individual tents that we have outdoors are all full. So there was a lot of interest in that this year, so we’re excited for that. And we’ll be trying some new marketing pieces kind of following on what Shawnee Town has a lot of success with the Facebook ads and stuff, so we’ll be doing those.

All of the staff are working on our RecTrac migration, so everyone’s going through training with some demos online, which is taking quite a bit of investment on all the departments and all of the staff and we’ll be working with our front desk staff as well to go through that as well as Shawnee Town staff.

And then half court rentals for folks who are interested in renting the Civic Centre half court for practices over the winter that opens on August 29th. It’s a first come, first serve. If you know of anyone who is interested in having some basketball court rentals, those open at the end of this month.

Recreation Report, Kate reports that this is the last week of summer camp. We had over 235 participants in various summer camps and clinics, not including our normal ongoing summer class program that we offer year round. So that was really successful

Page 9 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

summer. We had some new football camps with Chiefs, the Chief veterans. They had a great camp out at Garrett Park, probably the hottest week of the year. But it was very successful and the folks really enjoyed it, parents and kids alike.

Fall brochure is almost done. This is our first year that we’ve had the fourth brochure, which is fall and those are going to be programs from October through December and it will drop on September 1st. So keep an eye out for that. Again, kind of like we’ve done in the past, we should have a meeting before the next one comes, out but let me know when you receive that at your home.

We’ve started a new partnership with Living the Dream Basketball, which has offered some summer basketball camps and clinics and we will be continuing with them this fall.

We have a Royal’s trip on Tuesday, September 27th. It’s $84. It’s an all age group trip. It includes air conditioned motor coach ride to the game, early entrance for batting practice and a t-shirt which is the final t-shirt Tuesday of the year.

We have had, again, this last year Kate’s worked with Mission and Lenexa, their programming staff to develop senior trips and family trips. We had a very successful first year generating almost $10,000 in revenue and having brought new people to our programs and then we’ve seen that expand then into our SenCom programs and things like that. So, we’re getting ready and we’re planning our 2017 schedule and there’s a lot of really fun programs. Some of those we work with Crossroad Tours to offer programs through them and then other ones they develop themselves in-house, kind of as ways to -- whichever is the most economical and the best bang for our buck. Again those are all coming up right now.

And then our final concert of the series, the Summer Concert series is tomorrow, which would be Friday, August 5th at West Flanders Park from 7:00-9:30. According to the weather forecast it’s going to be 84 degrees and beautiful, so this may be the one to come to this year. So, please come out and join us.

MS. PAUTLER: That’s crazy talk.

MS. LECURU: I know. Who’s talking?

MR. HOLMAN: I thought it was supposed to rain.

MS. LECURU: Thanks, Neil.

So we’ve got that going for us. But again, Overland Park Regional ER of Shawnee has been a huge supporter of us this whole season, Hy-Vee. And then this is our concert that’s sponsored by a lot of the downtown businesses. So, come out and hear a little bit about them tomorrow night.

The tour, as I said, registrations are going for that. The BBQ contest is almost full, judges are full, but we’re still taking -- we have spots for I think four more teams. If anyone is interested in joining us at the BBQ contest. Craft fair is full. RecTrac migration, which is everyone.

Page 10 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

Soccer season starts here in a couple of weeks and we’ll kick it off with the Challenger Cup tournament, so working with that.

I don’t know if you guys have heard anything about this Pokémon Go, but it’s been kind of crazy in the parks, so, and it doesn’t matter what age you are, everyone is participating. So it’s been fun to see people go out and then meet folks. They run into each other at these different stops. It’s been kind of fun to watch everyone come up to the parks and the pools and just different areas.

And then we’re also working on a geocaching program with the Mayor that there will be two different series of geocaches, one with an emphasis on the history of Shawnee downtown area and then one within the parks. So we’ll have more information about that as it comes up as well.

F. ADJOURNMENT

MS. SAWYER: Okay. Anybody have anything else they’d like to add? We’d entertain a motion to adjourn?

MS. SHANNON: I move we adjourn.

MS. RIGGS: I’ll second.

MS. SAWYER: All in favor?

ADVISORY BOARD MEMBERS: Aye.

MS. SAWYER: Thank you.

[Therefore, Ms. Shannon moved and Ms. Riggs seconded to adjourn the meeting. The motion passed 7-0.]

(Shawnee Parks and Recreation Advisory Board Meeting Adjourned)

Page 11 SHAWNEE PARKS AND REC ADVISORY BOARD MINUTES August 4, 2016

CERTIFICATE

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

/das August 21, 2016

Deborah A. Sweeney, Recording Secretary

APPROVED BY:

______

Tonya Lecuru, Deputy Director Parks and Recreation

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: September 12, 2016

SUBJECT: SUP-04-15-06, Special Use Permit Review; Nallia School of Dance, 15331 West 67th Street

BACKGROUND This is the scheduled review of a special use permit previously issued to Kathi Nallia for the operation of a Nallia School of Dance, a dance studio, in the CN (Commercial Neighborhood) zoning district, located at 15331 West 67th Street.

DISCUSSION This item was on the August 15, 2016, Planning Commission Consent Agenda and there was no discussion about the permit by the members. The applicant is meeting all conditions of approval. Attached is a copy of the Planning Commission staff report.

RECOMMENDATION The Planning Commission voted 7-0 to recommend that the Governing Body extend SUP-04-15-06, a special use permit previously issued to Kathi Nallia for the operation of Nallia Dance Studio, a dance studio in the CN (Commercial Neighborhood) zoning district, located at 15331 West 67th Street, subject to the conditions as listed in the staff report.

1 2

City of Shawnee

TO: PLANNING COMMISSION DATE: AUGUST 15, 2016

FROM: PLANNING STAFF

SUBJECT: SUP-04-15-06; SPECIAL USE PERMIT REVIEW NALLIA SCHOOL OF DANCE 15331 WEST 67th STREET DANCE STUDIO IN CN ZONING DISTRICT KATHY NALLIA

This is a consent item.

This is the first scheduled review of a special use permit issued to Kathy Nallia to operate a dance studio in the CN (Commercial Neighborhood) zoning district at 15331 West 67th Street.

SPECIAL USE PERMIT REVIEW

The special use permit was originally issued in June 2016, and this is the first review of the special use permit. Staff and public safety officials have received no complaints regarding the facility. The applicant has a valid Occupational License with the City.

RECOMMENDATION

Staff recommends extension of SUP-04-15-06, a special use permit issued to Kathy Nallia for the operation of a dance studio at 15331 West 67th Street, for four (4) years, subject to the following conditions:

1. The owner shall maintain a valid annual business license from the City Clerk;

2. Business hours of operation shall be from 9:00 a.m. to noon and 3:00 p.m. to 9:00 p.m., Monday through Thursday. Saturday hours of operation will be from 9:00 a.m. to 5:00 p.m., and the studio will be closed on Fridays and Sundays;

3. All signage shall comply with SMC 5.64 and the approved unified sign scheme for the shopping center; and;

4. Review of the Special Use Permit in four (4) years.

3 PUDMR W 65TH ST PO AG R-1

W 65TH ST

Location AG CH

SHAWNEE MISSION PKWY LACKMANRD

SHAWNEE MISSION PKWY

AG W 67TH ST

CN !

CH

PUDMR

RE

AG

W 69TH ST

R-1

SUP-04-15-06

Nallia School of Dance 0 112.5 225 450 675 15331 W. 67th St. Feet 4 Coleby Henzlik of Colliers International µ on behalf of Nallia School of Dance

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: September 12, 2016

SUBJECT: SUP-07-15-07, Special Use Permit Review; BNSF Railways Communications Tower, 7200 Block of Martindale

BACKGROUND This is the scheduled review of a special use permit previously issued to Burlington Northern Santa Fe Railways for a 160-foot lattice communications tower within the railroad right-of-way, located in the 7200 Block of Martindale.

DISCUSSION This item was on the August 15, 2016, Planning Commission Consent Agenda and there was no discussion about the permit by the members. The applicant is meeting all conditions of approval. Attached is a copy of the Planning Commission staff report.

RECOMMENDATION The Planning Commission voted 7-0 to recommend that the Governing Body extend SUP-07-15-07, a special use permit previously issued to BNSF Railways for a 160-foot lattice communications tower, located in the 7200 Block of Martindale, subject to the conditions as listed in the staff report.

5 6 City of Shawnee

TO: PLANNING COMMISSION DATE AUGUST 15, 2016

FROM: PLANNING STAFF

SUBJECT: SUP-07-15-07; SPECIAL USE PERMIT REVIEW BNSF RAILWAYS COMMUNICATIONS OWER 7200 BLOCK OF MARTINDALE ROAD 160-FOOT COMMUNICATIONS TOWER BURLINGTON NORTHERN SANTA FE, OWNER

This is a consent item.

This is the first review of a special use permit issued to Burlington Northern Santa Fe Railways for the construction of a one-hundred sixty foot (160’) lattice telecommunications tower for BNSF, located in the 7200 Block of Martindale Road. The application was approved in August, 2015.

SPECIAL USE PERMIT REVIEW

This is the first review of a special use permit issued to Burlington Northern Santa Fe Railways for the construction of a one-hundred sixty foot (160’) lattice telecommunications tower for BNSF. The applicant obtained a building permit for the tower in May, 2016. Construction has been completed on the tower. The tower and associated equipment has been constructed according to the site plan. Staff has received no complaints during the construction period for the tower.

RECOMMENDATION

Staff recommends extension of SUP-07-15-07 for the construction of a one-hundred sixty foot (160’) lattice telecommunications tower for BNSF, in the 7200 Block of Martindale Road for a period of four (4) years, for further review when the project is complete, subject to the following conditions:

1. The applicant shall agree to enter into good-faith negotiations with telecommunication providers to allow co-habitation of this tower should the need arise, and shall also agree to the tower’s removal should its use become obsolete or unnecessary;

2. The tower shall be limited to 160 feet in height with a 2-foot tall antenna;

3. The tower and enclosure fence shall be constructed as shown on the submitted site plan and supporting documents;

7 PLANNING COMMISSION RE: SUP-07-15-07; BNSF TELECOMMUNICATIONS TOWER; 7200 BLOCK OF MARTINDALE ROAD AUGUST 15, 2016 PAGE 2

4. The applicant shall acquire all required land disturbance, flood plain, and building permits prior to the construction of the tower;

5. The construction permit plans shall be sealed by a licensed Kansas structural engineer and indicate the fall zone of the tower; and

6. The special use permit shall be reviewed in four (4) years.

8 D

L W 68TH TER R

O

E N L

G A

V D

I E N I

W R T E R T R TH 69 A D W M

R

D

D

N

A

L

D

O

O

W

W 71ST ST W 71ST ST

T S Location K C O T T S S K W 71ST TER D O O O O R T W B S L N IL O M M S A R A R C T

I W 72ND ST N

D

A

L

W E

O S

W 72ND TER W 72ND TER O T

D L !

A

N

D

D

R

W 75TH ST

R D

D N A L D O O

W

SUP-07-15-07 BNSF Railroad Communications Tower 0 165 330 660 990 7200 Block of Martindale Rd. Feet HDR, Inc. on behalf of BNSF µ 9 10

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: September 12, 2016

SUBJECT: SUP-03-11-08, Special Use Permit Review; Carol Kieffaber Daycare, st 22021 West 51 Street

BACKGROUND This is the scheduled review of a special use permit previously issued to Carol Kieffaber for the operation of a group day care home for up to ten children as a home occupation in the PSF (Planned Single Family) zoning district, located at 22021 West 51st Street.

DISCUSSION This item was on the August 15, 2016, Planning Commission Consent Agenda and there was no discussion about the permit by the members. The applicant is meeting all conditions of approval. Attached is a copy of the Planning Commission staff report.

RECOMMENDATION The Planning Commission voted 7-0 to recommend that the Governing Body extend SUP-03-11-08, a special use permit previously issued to Carol Kieffaber for the operation of a group day care home for up to ten children as a home occupation in the PSF (Planned Single Family) zoning district, located at 22021 West 51st Street, subject to the conditions as listed in the staff report.

11 12 City of Shawnee

TO: PLANNING COMMISSION DATE: AUGUST 15, 2016

FROM: PLANNING STAFF

SUBJECT: SUP-03-11-08; SPECIAL USE PERMIT REVIEW KIEFFABER DAYCARE 22021 WEST 51ST STREET CAROL KIEFFABER, OWNER

This is a consent item.

This is the first scheduled review of a special use permit issued to Carol Kieffaber to operate a day care home, with up to ten (10) children, as a home occupation, located at 22021 West 51st Street.

SUP REVIEW

The special use permit was originally issued in August 2011, and was last reviewed in 2012, to allow the operation of a day care home with up to ten (10) children as a home occupation. The applicant has operated the day care facility in compliance with the conditions of approval. Staff and public safety officials have received no complaints regarding the operation of this day care. A copy of the State license and most recent fire safety report are attached for your review.

RECOMMENDATION

Staff recommends extension of SUP-03-11-08 a special use permit issued to Carol Kieffaber to operate a day care home as a home occupation at 22021 West 51st Street, for a period of four (4) years, subject to the following conditions:

1. All pick-up and drop-off of children shall occur in the owner’s driveway;

2. No signage either on-site or off-site shall be allowed;

3. The applicant shall maintain a current business license from the City Clerk during the operation of the day care;

4. The applicant shall have no more than ten (10) children at the home, including the provider’s own children, between 7:00 a.m. and 5:30 p.m., Monday thru Friday; and

5. Review of the special use permit in four (4) years.

13 Compliance Details Page 1 of 1

Child Care Licensing Program Online Facility Compliance Search

Child Care Facility Report Print Page Facility Name: Nanis Place License Number: 0039511-009 Owner: Carol Kieffaber Program Type: Licensed Day Care Home Address: Not Displayed by Owner’s Request License Effective Date: 09/01/2016 License Expiration Date: 08/31/2017 County: Facility Status: Open Telephone Number: Not Displayed by Owner’s Request Maximum Capacity: 10

Licensing Surveys More Info Survey Number Date of Survey Survey Reason Findings 15-005042 08/07/2015 Annual Survey View Findings 14-005172 08/14/2014 Annual Survey View Findings

Complaint Surveys Survey Number Date of Survey Survey Reason Findings No complaint survey records found.

Administrative Orders Issued More Info Number Status Date Type of Order Reason Status No administrative orders found.

What You Need to Know About This Report:

Information presented on this website is public record provided by the Kansas Department of Health and Environment (KDHE). The KDHE administers the child care licensing law and issues licenses for child care facilities. The main purpose of child care regulation is to protect the health, safety, and welfare of children receiving care away from their home.

"Maximum Capacity" represents the maximum number of children allowed on the premises of a child care facility. Maximum capacity for Day Care Homes varies depending on the number of adults present as well as the number and ages of children in care at any given time.

Three years of compliance history is provided for the facility. Therefore, information contained in the report may not reflect the complete history of the facility's compliance. Additional information and records may be available. Public records contained in the file of a child care facility may be requested from KDHE in accordance with the Kansas Open Records Act (KORA) pursuant to K.S.A. 45-215 et seq. Disclosure of certain information is prohibited pursuant to K.S.A. 65-525 and other statutes regarding confidential information. For more information about Child Care Licensing and the requirements for child care facilities, please visit the KDHE website.

Return to Search Page.

www.kdheks.gov | Disclaimer | Webmaster

© Kansas Department of Health and Environment Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas 66612

14

https://kscapportalp.dcf.ks.gov/oids/Comp_details.aspx?fid=77031 8/11/2016 Findings Page 1 of 1

Print Page Facility Name: Nanis Place License Number: 0039511- Survey Reason: Annual Survey Date of Survey: 08/07/2015

No areas of noncompliance noted at the time of the survey.

Description:

15

https://kscapportalp.dcf.ks.gov/oids/Comp_Findings.aspx?soid=159764&noid=32998 8/11/2016 City of Shawnee Fire Department Fire and Life Safety Inspection (913) 631-1080

August 5, 2016

CAROL KIEFFABER DAYCARE 22021 W 51ST ST SHAWNEE, KS 66226

Congratulations, an inspection of your facility on Aug 5, 2016 revealed no violations.

Inspection Note This day care meets fire department requirements at this time.

75873 TRACEY POSTE Carol kieffaber Inspector

16

T

S

E E

T R

S

T

D E

N N U Y

A O

P R

W 50 TH ST T S U A TE U O H C

D

R

T

O S L

Y L

A E

C W I

K T

C N

O O

R M

B

R-1 W 51ST ST

R-1 PSF

P

A

Y

N

E

S Location T

T T C S T S 1 E 5 E W R

T

D

N

U

O

R

R E T T S 1 5 W

SUP-03-11-08 Carol Kieffaber Daycare 0 65 130 260 390 22021 W. 51st St. Feet Carol Kieffaber 17 18

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: September 12, 2016

SUBJECT: SUP-08-15-08, Special Use Permit Withdrawal, Attention 2 Detail, 12694 Shawnee Mission Parkway

BACKGROUND This is a special use permit previously issued to Reggie Jones to operate Attention 2 Detail, a zero- inventory car sales business in the (CH) Commercial Highway zoning district located at 12694 Shawnee Mission Parkway.

DISCUSSION This item is to consider withdrawal of SUP-08-15-08, a special use permit previously issued to Reggie Jones to operate Attention 2 Detail, a zero-inventory car sales business in the Commercial Highway zoning district located at 12694 Shawnee Mission Parkway. The business is no longer in operation. The business no longer has a dealership license with the State of Kansas, and has forfeited their business incorporation with the Kansas Secretary of State.

RECOMMENDATION The Planning Commission, by a vote of 7-0, recommended that the Governing Body accept the withdrawal of SUP-08-15-08, a special use permit previously issued to Reggie Jones to operate Attention 2 Detail, a zero-inventory car sales business in the Commercial Highway zoning district located at 12694 Shawnee Mission Parkway.

19 20 City of Shawnee

TO: PLANNING COMMISSION DATE: MAY 16, 2016

FROM: PLANNING STAFF

SUBJECT: SUP-08-15-08; WITHDRAWAL OF SPECIAL USE PERMIT ATTENTION TO DETAIL, LLC ZERO-INVENTORYAUTOMOBILE SALES 12694 SHAWNEE MISSION PARKWAY

This request is to withdraw the previously issued special use permit issued to Reggie Jones to operate Attention to Detail, and auto dealership with zero inventory, in the CH (Commercial Highway) zoning district located at 12694 Shawnee Mission Parkway. The applicant no longer has a state automobile dealer’s license, has forfeited his articles of incorporation with the State of Kansas. Additionally, staff has been unable to contact the applicant and no active business license has been issued.

SPECIAL USE PERMIT REVIEW

The special use permit was originally issued in in 2015. Mr. Jones no longer operates a zero inventory automobile sales office at this location.

RECOMMENDATION

Planning staff recommends withdrawal of SUP-08-15-08 for a special use permit issued to Reggie Jones to operate Attention to Detail , a zero inventory automobile dealership, in the CH (Commercial Highway) zoning district located 12694 Shawnee Mission Parkway, since the business is no longer in operation.

21 D

R T

L

S

L

I E

H

T A

E

S

G T

O

E S

R V

T E A S

W

L G

L N I

H O

K L

R A P W 61ST TER

W 62ND ST

W 62ND TER !

FRONTAGE RD

SHAWNEE MISSION PKWY

MIDLAND DR Location

SUP-08-15-08 Attention 2 Detail 0 55 110 220 330 12694 Shawnee Mission Pkwy. Feet 22Reggie Jones µ

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Paul Chaffee, Planning Director

DATE: September 12, 2016

SUBJECT: Acceptance of Dedication of Land or an Interest Therein for Public Purposes Contained in the Final Plat for Stag’s Creek, 10700 Block of Shawnee Mission Parkway

BACKGROUND The applicant has requested acceptance of the dedications of land, or an interest therein for public purposes, contained in FP-15-16-09, final plat for Stag’s Creek, generally located in the 10700 Block of Shawnee Mission Parkway.

DISCUSSION The final plat has been submitted and was heard by the Planning Commission on September 7, 2016 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-15-16- 09, the final plat for Stag’s Creek subdivision. This plat is a replat of five lots in the Hoelting subdivision, and contains three commercial lots. The plat contains 5.4 acres. The Planning Commission recommended the plat be forwarded to the September 12, 2016 Council meeting to assist the developer in attempting to proceed with the proposed office/commercial development at the time stormwater improvements are completed. 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 Stag’s Creek, and recommended the Governing Body accept dedications of land, or an interest therein for public purposes, contained in FP-15-16-09, final plat for Stag’s Creek, generally located in the 10700 Block of Shawnee Mission Parkway, subject to conditions as listed in the staff report.

23 24 City of Shawnee

TO: PLANNING COMMISSION DATE: SEPTEMBER 7, 2016

FROM: PLANNING STAFF

SUBJECT: FP-15-16-09; FINAL PLAT STAG’S CREEK 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SCHLAGEL & ASSOCIATES FOR STAG’S CREEEK, LLC, DEVELOPER

This is a consent item.

The applicant requests final plat approval for Stag’s Creek, a three lot commercial subdivision located in the 10700 to 10900 Blocks of Shawnee Mission Parkway. The application is filed by Schlagel & Associates for Stag’s Creek, LLC, developer.

FINAL PLAT REVIEW

1. The applicant requests final plat approval for a commercial subdivision. The plat contains three lots on 5.4 acres. 2. The property is located along the north side of the 10700 to 10900 Blocks of Shawnee Mission Parkway. The property is currently platted as Lots 3, 4, 5, 9 and 10 of Hoelting’s Addition subdivision and is zoned CH(O) (Commercial Highway Overlay) The property consists of eight parcels and was previously developed with various commercial buildings including a used car lot, multi-tenant retail building, an old drive in restaurant and a pawn shop. All of these structures, with the exception of the pawn shop, have been removed from the property as part of the redevelopment. The pawn shop structure is vacant and will be removed from the property as redevelopment of the site continues. Site plan approval will be required prior to any new development on the site. 3. As part of its Capital Improvement Plan (CIP), the City of Shawnee is undertaking the Nieman South Drainage Improvement Project. This CIP project will reduce the existing flooding concerns along Turkey Creek Tributary while also shifting the existing channel north to provide additional space for commercial development. The City and the developer of this project have filed a joint application with the U.S. Army Corps of Engineers and with DHS-FEMA for the necessary permits to construct the channel and commercial improvements. The site plan for this development reflects the final channel alignment and the public storm drainage improvements that will be constructed as part the CIP project, which will be administered by City staff. 25 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 2

During the final plat review process, it was discovered that the width of the drainage easement associated with the realigned channel needed to be increased to provide space for the geo-textile and aggregate backfill required to structurally support the retaining wall on the improved open channel. Buildings, because of weigh, and trees, because of their roots, will not be allowed within the easement because of their potential to structurally impact the integrity of the wall. The City may allow non-structural surface improvements, such as pavement, lighting, and trash enclosures, to encroach into the easement subject to approval of an encroachment agreement, which shall specifically address the types of improvements allowed and prohibited, as well as to what degree, and the landowners’ responsibility for the removal and replacement, if permitted, of such improvements should the City deem it necessary in order to maintain its public drainage improvements. The approved and executed encroachment agreement shall be submitted for recording concurrently with the plat. Additionally, prior to the recording of the plat, the applicant shall submit a revised landscape plan for site plan SP-18-16-07 showing the relocation of trees previously placed within the area of the widened drainage easement on Lots 1 and 2. 4. The Land Use Guide of the Comprehensive Plan anticipates commercial development for this area adjacent the north side of Shawnee Mission Parkway. The plat for this subdivision indicates the creation of three lots for commercial use. The plat is in general conformance with the Plan. 5. All bulk requirements of the CH(O) zoning district have been satisfied. Lot 1 contains 87,940 square feet (2.02 acres) with approximately 296 feet of frontage along the Shawnee Mission Parkway Frontage Road (Frontage Road). Lot 2 contains 36,376 square feet (0.84 acres) with approximately 128 feet of frontage along the Frontage Road. Lot 3 is a corner lot and contains 44,653 square feet (1.03 acres) with approximately 210 feet of frontage along the Frontage Road and approximately 182 feet of frontage along Goddard Street. All three lots exceed the minimum requirements of the CH(O) zoning district of 10,000 square feet in size and 100 feet of frontage along a public street. In the Commercial Highway Overlay district, the front yard setback may be reduced to 12 feet behind the curb of the Frontage Road, and reduced to 15 feet on other bisecting streets. The plat provides for a 14 foot building line along the frontage road and a 15 foot building line along Goddard Street. 6. The lots in this development are served by a public sewer system. 7. Access to Lots 1 and 2 will be from two commercial drive approaches from Frontage Road, one located towards the west of Lot 1 and one located to the east on Lot 2. Interior access drives will allow for cross access and parking between the two lots. Lot 3 will be served by a single commercial drive approach from Goddard Street at the north end of the lot. Access will not be allowed from the Frontage Road for Lot 3. Shawnee Mission Parkway is a designated minor arterial as shown on the Circulation Plan of the City’s Comprehensive Plan. The right of controlled-access shall be dedicated to the City along 26 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 3

the entire Frontage Road and Goddard Street rights-of-way to restrict direct access from the lots within this subdivision to the designated points as shown on the plat. The proposed points of access and lot layout are acceptable for circulation and public safety purposes. 8. Public Works has reviewed the Traffic Impact Study completed by applicant’s engineer for this project and noted the proposed development plan consists of Lot 1, Lot 2, and Lot 3. The traffic impact study classifies Lot 1 as “General Office Building”. Lot 2 is classified as “Specialty Retail”. Lot 3 is classified as “Fast-Food Restaurant with Drive- Through”. The preliminary site plan and comments with the developer indicate that Lot 2 has the potential to be developed as a fast-foot restaurant with a drive-through lane. If this occurs, Lot 2 estimated trip generation on an average weekday would have a significant increase. The tight spacing between Shawnee Mission Parkway and Frontage Road creates problems for traffic flow travelling to and from the proposed development. Southbound storage capacity on Goddard Street at Shawnee Mission Parkway is limited to a single vehicle in both the left turn lane and through/right lane. As a result of this limited spacing, newly generated traffic volumes from the proposed development will regularly queue onto Frontage Road at Goddard Street. This potential increase will regularly block a proposed access points onto Lot 3 from Frontage Road during the A.M. and P.M. peak hours. The access point from Frontage Road onto Lot 2 will also be blocked occasionally during the P.M. Peak hour. Due to expected queues from the proposed developments, Lot 3 will only be allowed access off of Goddard Street, with no access off of Frontage Road. The traffic impact study also indicates once the development of all three lots is complete, the eastbound left turn storage at Shawnee Mission Parkway and Goddard Street will need to be increased by at least 50 feet to accommodate additional traffic queue. Absent this improvement, traffic queues will extend out of the existing turn lane and into the left eastbound through lane on Shawnee Mission Parkway during peak periods. Using the proposed land uses in the traffic impact study, this improvement will not be necessary until all three lots develop. If the proposed land uses change, the traffic impact study will be revised as necessary to reflect new conditions and to determine what, if any, additional roadway improvements will be needed. 9. The street improvements required for this development shall be designed in accordance with the standards of the Shawnee Design and Construction Manual, Division 2200 Streets and all applicable Standard Details. a. As part of the final plat, access control will be provided along Frontage Road for the entire length of the project accept for a single point of access for Lot 1 and a 27 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 4

single point of access for Lot 2. Access control will be provided along Frontage Road for the entire length of Lot 3. Access for Lot 3 will be provided off of Goddard Street only. As part of the redevelopment of Lot 1 and Lot 2, the existing drives along Frontage Road will be required to be removed and the ROW of Frontage Road shall be restored as necessary with curb, asphalt, and sod. The ROW along Frontage Road adjacent to Lot 3 will be restored as necessary as part of the redevelopment of Lot 3. b. The commercial driveway approaches for this development shall be designed in accordance with the The Shawnee Design and Construction Manual. A detail for the commercial driveway approach shall be included in the site civil plans with direction of drainage flow arrows and the information called out on Standard Detail 3227-1. c. The applicant is responsible for submitting street improvement plans to Development Services for review and acceptance prior to preparing the signature copies of the final plat. Any design issues discovered during the review of the street plans must be resolved prior to the issuance of a Public Improvement Permit. 10. The public street lighting system required for this development shall be designed in accordance with the Shawnee Design and Construction Manual, Division 2500 Traffic Devices. a. The applicant is responsible for submitting streetlight improvement plans to the City for review and acceptance prior to preparing the signature copies of the final plat. b. A public improvement permit for the streetlight improvements must be obtained concurrent with a permit for the street improvements. c. All power feed coordination, and associated hook up costs are the sole responsibility of the contractor. 11. The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual, Division 2300 Storm Drainage. a. The enclosed and open components of the commercial drainage system must be designed to convey the stormwater runoff from a 4 percent chance (25-year return period) storm. b. All overflow components must be designed to convey the runoff from a 1 percent annual chance (100-year return period) storm. c. The applicant has submitted a preliminary storm drainage study showing a 28 conceptual grading plan, a drainage system, a drainage area map, and a drainage PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 5

table summarizing the hydrologic and hydraulic analysis for the site. The study is substantially complete and adequate for the purposes of reviewing the plat. The following design issues were noted: . A complete hydrologic and hydraulic drainage table will need to be prepared according to the standards of the Shawnee Design and Construction Manual for the site civil plans. . A plan and profile of the proposed public and private storm sewers must be included as part of the final storm drainage plans prepared for the site civil plans. d. The applicant is responsible for providing public drainage easements for any portion of the public storm system that is located outside of a public street right- of-way. The drainage easements will be recorded as part of the final plat for this development. e. The applicant is responsible for submitting storm drainage plans to Development Services for review and acceptance prior to preparing the signature copies of the final plat. Any design issues discovered during the review of the storm plans must be resolved prior to the issuance of a Public Improvement Permit. 12. This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City’s stormwater utility regulations. a. The applicant is responsible for preparing an impervious area plan in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage, using coordinates based in the Kansas North State Plane Coordinate System of 1983, North Zone (NAD-83). The plan must accurately depict the limits of all parcels that comprise the development site and indicate the applicable Johnson County parcel identification numbers. Use crosshatching for existing impervious areas and halftone shading for proposed impervious areas. All existing and proposed impervious areas must be summarized in a table by parcel number including the proposed total impervious area per each parcel. b. The applicant is responsible for submitting the impervious area plan as an integral part of the site civil plans for review and acceptance by the Development Engineer. Once the plan is accepted, the applicant is responsible for submitting a separate printed copy and an electronic copy in AutoCAD© format prior to the issuance of a building permit. 13. This project is 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. a. Lot 1 and Lot 2 are required to meet a minimum Level of Service of 4 based on Shawnee Design and Construction Manual. The applicant is proposing the29 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 6

installation of a proprietary stormwater treatment unit to meet the required Level of Service for both lots. Lot 3 will also be required to meet a minimum Level of Service of a 4 when it is developed at a future date. b. The applicant is responsible for meeting with the Development Engineer to discuss any applicable issues prior to preparing a Final Stormwater Treatment Facility Report, which must be submitted for review and acceptance prior to the issuance of a public improvement permit or a building permit. c. All STFs required for this project shall be designed in accordance with the Shawnee Design and Construction Manual. The applicant’s consulting engineer is responsible for certifying that both the design and construction of such facilities complies with all applicable regulations. Additionally, at the discretion of the City Engineer, a Third Party inspector might be required to inspect the construction of the STFs. The applicant would be responsible for the cost of any third party inspections that might be required. d. The applicant is required to execute and record with the Johnson County Register of Deeds the City’s standard form entitled “Declaration of Stormwater Treatment Facility Maintenance Restrictions and Covenants” prior to the building permit and/or public improvement permit being issued. e. The applicant’s consulting engineer is responsible for preparing an as-built certification of each STF, which requires City acceptance prior, to the City issuing any building permits for this development. 14. This development is not subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities. The applicant submitted a stormwater management letter stating that there are no known downstream flooding concerns as defined by the Shawnee Design and Construction Manual. Since detention is not required, the applicant is responsible for paying the stormwater detention fee. The fee is required to be paid to the City prior to the issuance of the Public Improvement Permit. 15. 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 Division 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 Division. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, 30 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 7

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. 16. All utilities shall be placed underground. When an easement is needed specifically for either a sanitary or stormwater sewer, the easement must specify the intended use. 17. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building permit. Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code. Fire-flow is measured at a 20 psi residual pressure. 18. The design and construction of all retaining walls shall comply with the SMC, Chapter 15.04, International Building Code, and as follows: a. No portion of a private retaining wall, including geogrid systems, shall be placed and/or constructed within a public street right-of-way. b. No portion of a private retaining wall, including geogrid systems, shall be placed and/or constructed within a public utility easement without the prior written consent of all affected utility companies. c. The site civil plans prepared for this development shall show sufficient detail to describe adequately the scope of work, including the location of a wall, including any geogrid system, with respect to property lines, spot elevations, and an elevation detail drawing. 31 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 8

d. A building permit is required for all retaining walls taller than four feet in height, measured from the bottom of the footing to the top of the wall, provided a building permit is required for all retaining walls, regardless of height, that are located within a drainage easement, or that supports a surcharge or impounds Class I, II, or III-A liquids. Supplemental to the site civil plans, the applicant is responsible for submitting engineered plans and structural calculations to Codes Administration Division for review and approval prior to the issuance of the building permit although this requirement may be waived for retaining wall supporting less than five feet of earth. In addition, the applicant shall comply with all special inspection requirements and submit fabricator approval as required. 19. The applicant is required to provide construction phasing plans for the development. Additionally, the applicant is required to provide traffic control and signage during construction. Detailed traffic control plans are required to be prepared. The plans need to ensure that access is provided to all businesses and residences impacted during the construction of this development. Additionally, the plans need to ensure that emergency personal can access all existing businesses and residences at all times. 20. The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit. 21. All private and 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. 22. 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 subdivisions, where the replat does not increase the area previously platted. Therefore no additional excise tax is required. 23. The subdivision is not subject to the provisions of SMC 12.14, Park and Recreational Land Use Fund. This property was previously platted and developed; therefore open space fees are not required. 24. 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). 32 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 9

25. The applicant has requested that consideration of the acceptance of the dedications on the final plat by the Shawnee Governing Body be placed on the September 12, 2016 City Council meeting agenda to provide an opportunity to record the plat and obtain building permits this construction season. RECOMMENDATION

Staff recommends approval of FP-15-16-09, Final Plat of Stag’s Creek, a commercial subdivision, located in the 10700 – 10900 blocks of Shawnee Mission Parkway, 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, along with site plan approval by the Shawnee Planning Commission shall be completed prior to issuance of any building permits;

2. The plat contains three lots on 5.4 acres;

3. 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 subdivisions, where the replat does not increase the area previously platted. Therefore no additional excise tax is required;

4. The subdivision is not subject to the provisions of SMC 12.14, Park and Recreational Land Use Fund. This property was previously platted and developed; therefore open space fees are not required;

5. The lots within the subdivision shall be subject to all bulk and use requirements of the CH(O) (Commercial Highway Overlay) zoning district;

6. The right of controlled-access shall be dedicated to the City along the entire Shawnee Mission Parkway Frontage Road and Goddard Street rights-of-way to restrict direct access from the lots within this subdivision to the designated locations as shown on the plat;

7. The street improvements required for this development shall be designed in accordance with the standards of the Shawnee Design and Construction Manual, Division 2200 Streets and all applicable Standard Details;

8. The applicant is responsible for submitting street improvement plans to Development Services for review and acceptance prior to preparing the signature copies of the final plat;

9. As part of this redevelopment, the existing drives along Frontage Road will be required to be removed and the ROW of Frontage Road shall be restored as necessary, to include 33 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 10

replacing the curb, grading the right-of-way behind the curb and placing sod on all disturbed areas;

10. The commercial driveway approaches for this development shall be designed in accordance with the Shawnee Design and Construction Manual;

11. The public street lighting system required for this development shall be designed in accordance with the Shawnee Design and Construction Manual, Division 2500 Traffic Devices and as detailed within the staff report;

12. The applicant is responsible for submitting streetlight improvement plans to the City for review and acceptance prior to preparing the signature copies of the final plat;

13. The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual, Division 2300 Storm Drainage, and as detailed within the staff report;

14. The applicant is responsible for submitting storm drainage plans to Development Services for review and acceptance prior to preparing the signature copies of the final plat;

15. Buildings and trees will not be allowed within the drainage easement. Non-structural surface improvements (trash enclosures, lighting, pavement, etc.) encroaching within the easement area will be subject to approval of an encroachment agreement with the City. The encroachment agreement shall address the types of improvements that will or will not be allowed to encroach into the drainage easement, and who and to what degree, the maintenance responsibilities shall fall upon. The approved and executed encroachment agreement shall be submitted for recording concurrently with the plat;

16. Prior to the recording of the plat, the applicant shall submit a revised landscape plan for site plan SP-18-16-07 showing the relocation of trees previously placed within the area of the widened drainage easement on Lots 1 and 2;

17. This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City’s stormwater utility regulations;

18. The applicant is responsible for preparing an impervious area plan in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage, and as detailed within the staff report;

19. This project is 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. Lot 1 and Lot 2 are required to meet a minimum Level of Service of 4 based on Shawnee Design and Construction 34 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 11

Manual. Lot 3 will also be required to meet a minimum Level of Service of a 4 at the time it is developed;

20. The applicant is responsible for meeting with the Development Engineer to discuss any applicable issues prior to preparing a Final Stormwater Treatment Facility Report, which must be submitted for review and acceptance prior to the issuance of a public improvement permit or a building permit;

21. All STFs required for this project shall be designed in accordance with the Shawnee Design and Construction Manual;

22. The applicant is required to execute and record with the Johnson County Register of Deeds the City’s standard form entitled “Declaration of Stormwater Treatment Facility Maintenance Restrictions and Covenants” prior to the building permit and/or public improvement permit being issued;

23. The applicant’s consulting engineer is responsible for preparing an as-built certification of each STF, which requires City acceptance prior, to the City issuing any building permits for this development;

24. 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. It has been determined that stormwater detention is not required, therefore, the applicant is responsible for paying the stormwater detention fee. The fee is required to be paid to the City prior to the issuance of the Public Improvement Permit;

25. 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 (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration Division prior to undertaking any land disturbance or construction activities on the development site. The applicant is responsible for submitting land disturbance plans for review and acceptance by Code Administration Division. 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;

26. 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);

27. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building permit. 35 PLANNING COMMISSION RE: FP-15-16-09; FINAL PLAT; STAG’S CREEK; 10700-10900 BLOCKS OF SHAWNEE MISSION PARKWAY SEPTEMBER 7, 2016 PAGE 12

Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code. Fire-flow is measured at a 20 psi residual pressure;

28. All utilities shall be placed underground. When an easement is needed specifically for either a sanitary or stormwater sewer, the easement must specify the intended use;

29. The design and construction of all retaining walls shall comply with the SMC, Chapter 15.04, International Building Code, and as detailed within the staff report;

30. The applicant is required to provide construction phasing plans for the development. Additionally, the applicant is required to provide traffic control and signage during construction. Detailed traffic control plans are required to be prepared. The plans need to ensure that access is provided to all businesses and residences impacted during the construction of this development. Additionally, the plans need to ensure that emergency personal can access all existing businesses and residences at all times;

31. The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the individual site civil plans. The final plans for this development must be submitted for review and acceptance by the City prior to the issuance of a public improvement permit or building permit;

32. All private and 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;

33. The applicant is responsible for submitting a computation plat with the recording copies of the final plat; and

34. Consideration of the acceptance of the dedications on the final plat by the Shawnee Governing Body shall be placed on the September 12, 2016 City Council meeting agenda, as requested by the applicant.

36 ______County and ng on behalf STAG'S CREEK LLC 7021 JOHNSON DRIVE KEVIN TUBBESING MISSION, KANSAS 66202 p 913-562-5608 PREPARED FOR FOR: LS-1429 KS# LS-1429 ARE TRUE AND CORRECT TO THE BEST SUPERVISION BASED ON A FIELD SURVEY OF MY KNOWLEDGE AND BELIEF. PREPARED UNDER MY DIRECT PERFORMED 5-2016 . THE DETAILS SHOWN I HEREBY CERTIFY THIS PLAT WAS _____ day of ______2016, by MICHELLE DISTLER, as N Notary Public My Appointment Expires Notary Public My Appointment Expires

)ss.

)ss. N87°08'36"E 1343.89' N87°08'36"E 0 40' 80' BASIS OF BEARINGS: BASIS OF BEARINGS GRID NORTH NAD 83 KANSAS NORTH ZONE SE. CORNER 1/4 SEC. 11-12-24 FOUND 3.5" DISC IN MONUMENT BOX APPROVALS: APPROVED by the Planning Commission of City Shawnee, Kansas, on this _____ day ______2016. ______APPROVED by and lands dedicated for public purposes accepted hereby the Governing Body of City Shawnee, Kansas, on this ______day of ______2016. ATTEST ______APPROVED by the City Engineer of Shawnee, Kansas, on this ______day ATTEST______of ______2016. DENNIS D. BUSBY, ChairmanMICHELLE DISTLER, Mayor BRUCE BIENHOFF, Secretary DOUG WESSELSCHMIDT, City Engineer STEPHEN POWELL, City Clerk ACKNOWLEDGMENT: ______KEVIN TUBBESING, MANAGING MEMBER ______ACKNOWLEDGMENT: ______2016. CITY OF SHAWNEE, KANSAS, Owner of Lot 9, HOELTING'S ADDITION ______MICHELLE DISTLER, Mayor THIS INSTRUMENT was acknowledged before me on this 2016. of said company, and such duly acknowledged the execution same to be act deed same. STAG'S CREEK, LLC, Owner of Lots 3, 4, 5 and 10, HOELTING'S ADDITION STATE OF KANSAS COUNTY OF JOHNSON ) ) State, came KEVIN TUBBESING, who is personally known to me be the same person executed foregoing instrument of writi STATE OF KANSAS COUNTY OF JOHNSON ) ) BE IT REMEMBERED that on this _____ day of ______2016, before me, the undersigned, a Notary Public in and for said Mayor of the city Shawnee, Kansas. IN TESTIMONY WHEREOF, the undersigned proprietors have caused this instrument to be executed _____ day of ______IN WITNESS WHEREOF, I have hereunto set my hand and affixed notarial seal on the day year last above written. IN TESTIMONY WHEREOF, the undersigned proprietors have caused this instrument to be executed _____ day of ts 1, 2, ed to the

ment the

No above , surface me and REDIVISION LARSEN'S “SM/E”, and the City, to nes between

ntion and retion, to cluding other

he right of on of conduits ll be the the REDIVISION LARSEN'S LINE W. the collection ” or “D/E”. n the future isting utility n County, tion and ed on this plat is ns and heir guests and on this plat as y agreement not acated as to use E" that crosses or further, subject to chised or perty owner may use, from the lien he owner of Lot 3. aintenance of any ty owners within lat hereby absolve hereto, and drainage

GODDARD ST. 8.56' CL TO SL.

40' 316.58' S02°12'31"E

E. LINE HOELTING'S ADDITION HOELTING'S LINE E.

ACCESS ACCESS CONTROL

EX. R/W EX. 84.18'

(C) 48.00'

83.5' (P) 83.5'

S02°12'31"E 173.50' S02°12'31"E

N02°12'31"W 150.49' N02°12'31"W

15' BL 15' 5' R/W 5'

27.28' (D) L=28.19' R=18.00' LOT 3 S87°31'11"W =89°43'43" FOUND 1/2 " REBAR LS 1093 CAP

ADDITION Δ

6' SW/E 6' S. LINE LOT 4 LOT LINE S.

HOELTING'S

HOELTING'S ADDITION HOELTING'S SE. CORNER LOT 4 LOT CORNER SE.

14' BL 14' 159.85'

ITB=N87°31'11"E (D) LOT 3

NE. COR. LOT 1 FOUND 1/2 " REBAR LS 1093 CAP 74.30' LOT 1

LOT 2 S71°16'54"W 158.83' S02°12'33"E 75.00'

LOT 4 S87°43'43"W 130.00' S87°43'43"W ADDITION HOELTING'S

TO BE RELEASED BY SUBSEQUENT DOC. N87°43'35"E 130.00' N87°43'35"E 10' E/E KCPL B 214, P 73

30.00' S02°12'33"E 270.00' (P) 270.00' S79°06'01"W 15.21' TO BE RELEASED BY THIS PLAT 10' U/E (PLAT) S87°43'43"W HOELTING'S ADDITION 10.00' S87°43'35"W 10.00' 30.00' S79°06'01"W HOELTING'S ADDITION

S02°12'33"E 75.00'

30.00' CL . 20' S/E N02°12'33"W 21.15' S87°11'49"W 20' S/E B 201004, P 002751

N87°43'35"E 269.84' N87°43'35"E N21°31'28"W 80.33'

ACCESS CONTROL 20' L12 20.44' S21°53'08"E S21°46'20"E 67.73' C4 L10 L13 L11 5.64' N21°53'08"W VOL 1043, P 676 5' KCPL ESMT FOUND 3/4 " REBAR

B 201004, P 002751

20' S/E 70.35'

HOELTING'S ADDITION S87°43'35"W 134.83' S87°43'35"W LOT 5

N21°46'20"W 67.93' D/E S87°08'36"W TO BE VACATED 5' R/W B 21, P 255 BY THIS PLAT 20.94' S87°08'36"W

L14

7.00' WAY OF RIGHT

S21°50'24"E ACCESS

99.89'

60.60' WIDTH VARIABLE

S64°06'36"E 217.83' N02°12'31"W

19.77'

LOT 6 94.57' S02°51'24"E

FOUND 1/2 " REBAR LS 1093 CAP L8 LOT 7 L9

D/E C3

81.41' 59.83'

HOELTING'S ADDITION L7 22.69' S02°18'53"E HOELTING'S ADDITION L6

N64°06'36"W 75.00' (P) 75.00'

An easement is hereby granted to the City of Shawnee, Kansas, enter upon, construct, maintain, use, and authorize locati An easement is hereby granted to the City of Shawnee, Kansas, enter upon, construct, maintain, and use conduits, sewer pipes within the described drainage easement, when such vegetation or property improvement is determined by City in its sole disc OWNERS CERTIFICATION AND DEDICATION: An easement to lay, construct, alter, repair, replace and operate one or more sewer lines all appurtenances convenient for An easement is hereby granted to the City of Shawnee, Kansas, enter upon, construct, maintain, and use a public sidewalk, in A perpetual easement of access over, across and upon all driveway areas within Lots 1 2 this plat is hereby reserved by An easement is granted to the City of Shawnee, Kansas, enter upon, construct, inspect, and maintain private stormwater dete for providing water, gas, cable, electric, sewers, and other utility services, including related facilities appurtenances t facilities, upon, over, under, and across those areas outlined designated on this plat as "Utility Easement" or "U/E", for the sole purpose of maintaining right-of-way, and does not constitute acceptance any terms or conditions set forth in an this plat and their successors, assigns as set forth in the Declaration of Stormwater Treatment Facility Maintenance Restrictio The undersigned proprietor of the above described land hereby consents and agrees that governing body any special assess These areas shall be subject to regulation and management by the City of Shawnee, Kansas, right sole discretion The undersigned proprietor of the above described tract land has caused same to be subdivided in manner as shown on The proprietors, successors, and assigns, of property described on this plat hereby dedicate for public use all land The maintenance of any stormwater treatment structures located installed on Lot 3 this plat shall be the responsibility t The undersigned owners hereby release and relinquish to the City of Shawnee, Kansas, right access over across li The maintenance of the stormwater treatment structure located in "SM/E" on Lot 2 which serves Lots 1 and this plat sha drainage facilities, etc., upon, over, under, and across those areas outlined designated on this plat as “Drainage Easement and agree, jointly severally, to indemnify the City of Shawnee, Kansas, any expense incident relocation ex district shall have the power to release such land proposed be dedicated for streets and roads, or parts thereof, public administration and regulation by the City, subordinate use of such areas other governmental entities utilities, fran authorized to do business in the City of Shawnee, Kansas. and as to title, upon filing recording of this plat. The proprietors, successors, assigns, property shown on p and effect of any special assessments, that the amount unpaid assessments on such land dedicated, shall beco shown on this plat. streets or public ways not heretofore dedicated. Acceptance of the dedication land for right-of-way purposes describ stormwater drainage facility. appurtenances thereto, upon, over, and under those areas outlined designated on this plat as “Sidewalk Easement” or “SW/E”. ground facilities associated with the uses herein permitted shall be constructed, located, or maintained in any area of "U/ accompanying plat, which subdivision and plat shall hereafter be known as "STAG'S CREEK". and 3, excepting at such points as designated on this plat or the City may in future permit approve. of sanitary sewage, over and through those areas designated as “Sanitary Sewer Easement” or “S/E” on this plat, together with t designate. These areas shall be utilized for the purpose of constructing, inspecting, and maintaining private stormwater deten stormwater treatment facilities. The perpetual maintenance of said facilities shall be the shared responsibility proper stormwater treatment facilities, within those areas outlined and designated on the plat as “Stormwater Management Easement” or shall include the right of ingress and egress at all times to such areas, using reasonable route across lot as pro Shawnee Mission Parkway, Parkway Frontage Road or Goddard Street and the property described on this plat as Lo Consolidated Main Sewer District of Johnson County, Kansas or their assigns. Covenants, which will be executed as separate instrument of writing and filed in the Register Deeds Office Johnso remain a lien on the remainder of this land fronting or abutting such dedicated road street. require the relocation, modification, or removal of any vegetation property improvement constructed, placed, maintained i responsibility of the owners Lots 1 and 2. undersigned proprietor, its heirs, assigns, or successors for ingress and egress of all owners occupants Lots 1 2, t improvements heretofore installed and required to be relocated in accordance with proposed described this plat. interfere with or obstruct the flow of surface drainage water, otherwise impair strength use and m ingress and egress over through adjoining land as may be reasonably necessary to access said easement is hereby dedicat intersects with a "SW/E". invitees. Kansas, and said agreement will thereby be made a part of the dedication this plat as though fully set forth herein.

In accordance with KSA 12-512b, all rights, obligations, reservations, easements, or interest not shown on this plat shall be v

S02°18'53"E 75.76' S02°18'53"E L5

30.00' 57.59'

N88°03'13"E

64.00' 84.17' ACCESS 6.43'

17.33' 17.83'

N64°06'36"W

S64°06'36"E 50.69'

SM/E SEE DETAIL

24.79' S/E

14.29' S35°41'07"W

38.00'

S34°07'48"W N87°41'07"E S02°51'24"E

9.00'

30.00'

BALLENTINE ST. 42.87' S76°02'24"E 30.00'

N02°18'53"W

75.93' 47.51' 14' BL 14' 6.20'

LOT 2 S87°22'50"W 107.82' S87°22'50"W TO BE RELEASED CL 15' S/E B 118, P 539 BY SUBSEQUENT DOC. D/E C2 62.35' S34°47'04"W S/E B 201004, P 002751

39.94'

68.37'

37.40' N02°34'15"W 207.64' N02°34'15"W 646.78' S87°08'36"W

S34°07'48"W

N76°00'53"W 70.60' TO BE VACATED R/W B 481, P 698 BY THIS PLAT S02°13'15"E 150.50' S02°13'15"E

N34°07'48"E 10' 20' S/E B 201004, P 002751

ON CNR LOTS 8 & 9

FOUND 1/2 " REBAR 2.81' N02°34'15"W 93.34' N02°34'15"W 24.84' FOUND 3/4 " REBAR N. 0.86' OF NE CNR LOT 8 TO CITY OF SHAWNEE STREET DEDICATION BOOK 481, P 698 3.55' N87°44'02"E

REBAR W. 3.6' OF NE CNR LOT 8 FOUND 3/4 " FRONTAGE ROAD FRONTAGE

13.44' SHAWNEE MISSION PARKWAY MISSION SHAWNEE

13.08'

29.42' 255 PAGE 21, B R/W LINE N. D/E

40.13' L4

123.00' N55°49'30"W

N89°18'53"W B 121, P 260 S87°25'45"W 10' E/E KCPL S/E B 201004, P 002751 N34°10'18"E

LOT 10

89.89' S. LINE LOT 4 LOT LINE S. S02°18'53"E 30.00'

HOELTING'S ADDITION

TO BE RELEASED BY THIS PLAT 10' U'E (PLAT)

10' 150.58' S02°18'53"E

30.00'

N02°18'53"W S02°18'53"E 150.53' S02°18'53"E TO BE RELEASED CL 10' G/E B 121, P 218

GAS SERVICE COMPANY

BY SUBSEQUENT DOC.

30.00' 30.00' will be recorded in the Register of Deeds Office Johnson County, The use of all lots in this subdivision shall hereafter be subject to the the South line of said Southeast One-Quarter a distance 665.33 feet to the Point of Beginning; thence North 02 degrees 13 minutes 15 seconds West along the line of said HOELTING'S ADDITION and its Southerly feet) to the Southeast corner of said Lot 2, being on West of this plat as though fully set forth herein. This is a survey and plat of part the Southeast One-Quarter Section subdivision in the City of Shawnee as recorded Book 13 at page 16, extension thereof, a distance of 398.30 feet to the Southwest corner Lot 8 of said HOELTING'S ADDITION; thence North 87 degrees 35 minutes 44 seconds East along the South line of said Lot 8 a distance 346.84 feet of Lot 6 said HOELTING'S ADDITION, corner being on the East right of way line said Ballentine Street as dedicated to the City Shawnee in seconds East along the South line of said Lot 6 and 2 of said HOELTING'S ADDITION, a distance 269.84 feet (platted 270.00 degrees 12 minutes 31 seconds East along the west right of way line said distance of 316.58 feet to a point on the South line said Southeast seconds West along said South line, a distance of 646.78 feet to the Point of Beginning and containing 5.403 acres more or less. County of Johnson, State Kansas, more particularly described as follows: Commencing at the Southwest corner of Southeast One-Quarter said Section 11; Thence North 87 degrees 08 minutes 36 seconds East along City of Shawnee in book 481 at page 698; thence North 88 degrees 03 Southwest corner of said Lot 6; thence North 87 degrees 43 minutes 35 Goddard street and the East line of said HOELTING'S ADDITION' a One-Quarter of Section 11; thence South 87 degrees 08 minutes 36 restriction which will be executed as a separate instrument of writing and (platted 347.65 feet) to the Southeast corner of said Lot 8, being on the West right of way line Ballentine Street as dedicated to RESTRICTIONS: book 481 at page 698; thence South 02 degrees 18 minutes 53 seconds right of way line Goddard street as now established; thence South 02 Kansas, and said restrictions will thereby be made a part of the dedication including all of Lots 3, 4, 5, 9 and 10, HOELTING'S ADDITION, a Description: minutes 13 seconds East a distance of 30.00 feet to the Northwest corner Ballentine Street, a distance of 75.76 feet (platted 75.00 feet) to the East along the West line of said Lot 6 and right way 11, Township 12 South, Range 24 East of the Sixth Principal Meridian,

10.00' 274.65' (P) 274.65'

LOT 4 S87°43'43"W

LOT 3 LOT N87°41'07"E 236.45' N87°41'07"E

20' 9.98'

S. LINE SE. 1/4 SEC. 11-12-24 SEC. 1/4 SE. LINE S.

S87°41'07"W 223.57' S87°41'07"W

B 201004, P 002751 P 201004, B

20' S/E 20'

S/E CONTROL ACCESS N02°12'31"W

E. LINE LOT 2 LOT LINE E.

N02°12'31"W 117.57' N02°12'31"W HOELTING'S ADDITION S87°22'50"W 296.65' S87°22'50"W 31.94' S02°18'53"E TO BE RELEASED BY THIS PLAT LOT 9 10' U'E (PLAT) LOT 8

LOT 1 14' BL 14' ON N. LINE OF LOT 8

FOUND 3/8 " REBAR

S87°43'35"W 279.27' S87°43'35"W

TO BE RELEASED BE TO BY SUBSEQUENT DOC. SUBSEQUENT BY

CL 15' S/E B 118, P 537 P 118, B S/E 15' CL

N87°43'35"E 646.78' N87°43'35"E

D/E N87°43'35"E 646.79' N87°43'35"E SM/E HOELTING'S ADDITION HOELTING'S ADDITION

44.24' 10'

S67°43'50"W

PROJECT 10-46-U078-6(9) 4-26-1965 10-46-U078-6(9) PROJECT CENTERLINE SHAWNEE MISSION PARKWAY MISSION SHAWNEE CENTERLINE

L3

N87°35'44"E 346.84' N87°35'44"E S67°43'50"W 55.19' S67°43'50"W

30.00' 65.82' S60°06'46"W

N60°06'46"E 70.73' N60°06'46"E 85' R/W

S22°16'10"E L2 D/E

TO BE RELEASED BY SUBSEQUENT DOC.

10' E/E KCPL B 214, P 73 6' SW/E 6'

C1

D/E

LOT 2 LOT L1 84.00'

SM/E DETAIL: ACCESS SCALE 1" = 40"

CL 10' S/E B 178, P 162

11.21' CL TO SL. CL 20' S/E 20' CL N88°27'51"E 10.00' 20.00' 60.00' N87°43'35"E

POINT OF BEGINNING

(96.20' P) (96.20'

N02°13'15"W 127.00' N02°13'15"W

N29°53'14"W

SET 1/2" REBAR W/LS-54 CAP 96.25' N02°13'15"W UNLESS OTHERWISE NOTED FOUND 1/2" REBAR UNLESS OTHERWISE NOTED FOUND MONUMENT CL 10' S/E CALCULATED MEASUREMENT B 129, P 692 DEEDED MEASUREMENT EXISTING LOT AND PROPERTY LINES EXISTING PLAT AND R/W LINES PLATTED MEASUREMENT

ON CNR LOTS 8 & 9 70.04' FOUND 1/2 " REBAR

- ACCESS CONTROL 71.88'

59.93'

55.23'

N02°13'15"W 398.30' N02°13'15"W 57.14' N19°42'02"W 56.60' SurveyPropertyCornerSymbols SurveyPropertyCornerSymbols SurveyPropertyCornerSymbols ADDITION HOELTING'S LINE W. LEGEND:

(C) (D) (P) A/EBCB/BBL - ACCESS EASEMENT D/E - BACK OF CURB E/E - BACK TO G/E -R/W BUILDING LINE - DRAINAGE EASEMENT S/E - ELECTRICAL EASEMENT SM/E - GAS LINE EASEMENT -SW/E RIGHT-OF-WAY U/E - - SANITARY SEWER EASEMENT STORMWATER MANAGEMENT EASEMENT - SIDEWALK EASEMENT - UTILITY EASEMENT

(UNPLATTED)

(UNPLATTED)

N87°08'36"E 665.33' N87°08'36"E SWITZER ROAD SWITZER S11°07'25"W N20°38'11"W N02°54'07"W N02°09'12"W INITIAL TANGENT BEARING 5.403 2.019 0.835 0.320 (ACRES) 1.823 1.025 1.524 Delta PROJECT LOCATION NE1/4 049°19'29" 072°13'13" 020°01'05" 020°45'50" SE1/4 44,653.03 87,940.30 36,376.72 79,425.33 66,395.33 13,922.55 235,365.38

AREA (SF) Direction RD NIEMAN 11 SW. CORNER SE. 1/4 SEC. 11-12-24 FOUND 3.5" 50.94 80.00 DISC IN MONUMENT BOX POINT OF COMMENCEMENT 267.14 190.00 Radius S7° 23' 11.38"W N2° 29' 16.79"W N2° 31' 13.47"W N22° 31' 51.76"E S37° 21' 04.04"W S46° 41' 20.88"W S87° 08' 36.34"W N20° 38' 10.53"W N15° 47' 41.96"W N22° 55' 12.02"W N26° 26' 30.99"W N22° 55' 12.02"W N30° 02' 42.08"W N22° 55' 12.02"W 63RD ST LOT 1 LOT 2 LOT 3 LOT # W 55TH STREET SCALE 1" = 2000' Drainage Easement Curve Table 96.81 43.85 66.38 LOCATION MAP NW1/4 Length SECTION 11-T12-R24 100.84 8.91 8.10 Line Table 42.22 21.55 21.15 20.16 21.59 33.60 59.86 32.86 98.83 36.95 12.05 208.41 Length AREA TABLE: SW1/4 SHAWNEE MISSION PKWY NEW R/W 892.55 0.021

EXISTING R/W Drainage Easement VACTATED R/W C1 ROAD QUIVIRA C2 C3 C4 L1 L2 L3 L4 L5 L6 L7 L8 L9 L11 L10 L12 L13 L14 Curve #

Line # 37 TOTAL PLATTED R/W TOTAL PLATTED AREA N

L R OGER R D

N

E

S

R

A

L W 61ST ST

T

S

E

N I R-1

T

N

E

TSQ L

L

A

B

D

R

N

A

M

E

I

N W 62ND ST W 62ND ST W 62ND ST

W 62ND ST T

S

E

N

I T

T

N N

S

L

E

D L

E L

R

S A

A

O B

D

R

D ! L

E

O

G

M

FR ONTAGE R D SHAWNEE MISSION PKWY

D CH(O)

R T

T S

E

S

G T D

A E

T R

K A

N

C D

O A

J D

R

E

F O

U

G L

B Location

N L

W 64TH ST E N L S

O

N T

E R

L S

S E

E R M

N A I

T L

T

S

CN N R-1

T

E

N

E

L

L K

N

L

L

C

A N

A

B E

E

J S

PUDMR S

E R

O

U A

R

L L

L B

E

M

FP-15-16-09 Stag’s Creek 0 80 160 320 480 10700 Block of Shaw nee Mission Pk w y. Feet 38Schlagel & Assoc. for Stag’s Creek , LLC µ

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Neil Holman, Parks and Recreation Director

DATE: September 12, 2016

SUBJECT: Appointment to the Parks and Recreation Advisory Board.

BACKGROUND Shawnee Municipal Code 2.42 creates the Parks and Recreation Advisory Board and requires all nine members be citizens of the City with two representatives from each ward and one at large. The names for appointment shall be submitted by Council members and shall be appointed by the Mayor with consent of the Council. Terms of office are three years.

DISCUSSION Two vacancies were created with the resignations of Shelley Fabac and Rueshunda Davis. Mayor Distler is recommending the appointment of Brian Bolen as the representative at Large to fill the vacancy. Councilmember Brandon Kenig is recommending the appointment of Kevin Makalous as the representative from Ward IV to fill the vacancy.

RECOMMENDATION

1. Mayor Distler recommends the appointment of Brian Bolen to the Parks and Recreation Advisory Board with a term expiring December 31, 2017.

2. Councilmember Kenig recommends the Mayor with consent of the Council appoint Kevin Makalous to the Parks and Recreation Advisory Board with a term expiring December 31, 2017.

39 40 Brian Bolen 11922 W 72nd St Shawnee, KS 66216 Cell Phone: (620) 591-0650 Email: [email protected]

EDUCATION EXTRA CURRIUCULAR

Fort Hays State University 2014-present: Shawnee Garden Club: Pursuing Bachelors of Science – Information Member since 2013 Networking & Telecommunications with a Minor in Geographic Information Systems Christmas in October (Hallmark): Classification: Senior (32hrs) with 3.00 GPA 2009, 2010, 2012

Johnson County Community College 2012-2014: Heart of America Aquarium Society of Kansas City 2010-2015: Associates Degree in General Studies Secretary – 2010 Treasurer - 2011 – 2012 Graduated (39hrs) with 3.25 GPA Website Administrator – 2010 - 2012

Flint Hills Technical College 2006-2007: Business Professionals of America 2006-2007: Computer Program & Design FHTC Chapter Vice President, 2006 Technical Certificate (32hrs) with 3.25 GPA FHTC Chapter Treasurer, 2007 1st - Database Applications Kansas Competition (2006) Emporia High School 1996-1999: 1st - Spreadsheet Applications Kansas Competition (2006) High School Diploma 8th - Database Applications National Competition (2006) General Education 12th - Spreadsheet Solutions National Competition (2006)

Professional Certifications: Personal Interests and Hobbies: Microsoft Access Microsoft Excel Photography, Native Perennial & Vegetable Gardening, Microsoft Word Microsoft Powerpoint Regenerative Agriculture, NASCAR, Golf, #ShawneeKsRocks ARC GIS PacketTracer Participating in our kids’ activities; Assistant Baseball Coach

------

JOB EXPERIENCE

June 2010 – Current Stay-At-Home Father Shawnee, KS • For the last six years, I have had the honor of staying at home and raising our two children. Skills gained include patience, daily planning, conflict resolution, and various teaching skills.

October 2008 – November 2009 United Information Technologies 1414 Genesee Kansas City, MO 911 Database Auditor - 4th Quarter 2008 and 1st & 2nd Quarter 2009 Top Performer • Validated 911 addresses via various online tools and fix agents; • Ensured client safety through proactive and reactive auditing of 911 address databases.

July 2007 – May 2008 Symmonds & Symmonds, LLC 427 Commercial St. Emporia, KS Office / Legal Assistant • Managed cases from start to finish; specialized in criminal, domestic, traffic, probate, and limited action; • Created and maintained various legal documents associated with the above mentioned case types; • Maintained client files; organized, filed, and updated information; calendared events, scheduled appointments.

February 2000 – June 2006 Birch Telecom 1301 Chestnut Dr. Emporia, KS Repair Operations Supervisor (Jan-2004 to Jun-2006) • Responsible for the productivity and management of up to twelve Repair Coordinators; • Responsible for escalation of customer reported trouble with various ILEC and CLEC fix agents. ------Repair Operations Service Ops Analyst (Sep-2002 to Jan-2004) ------Customer Retention Supervisor (Sep-2001 to Sep-2002) ------Customer Service / Repair Tier I & II Representative (Feb-2000 to Sep-2001) 41

Kevin Makalous 20815 W 68th Street Shawnee, Kansas, 66218 913-609-5129

Education: 1990-1994: Shawnee Mission Northwest High School

1994-1998: Baker University, Baldwin City, KS BA in Business Management (with Honors)

2003-2005: Drake University, Des Moines, IA Juris Doctor (with Honors)

2003-2007: Regis University, Denver, CO MBA in Finance and Accounting (with Honors)

Employment: 1994-2002: Innovative Concert Systems, Riverside, MO, President, CEO, and sole shareholder

2002-2003: Tomcat USA (Theatrical Equipment Mfg.), Las Vegas, NV, Asst. US Sales Manager

2004-2007: Farm Bureau Financial Services, West Des Moines, IA, Intern, Advanced Markets Attorney

2007-2007: ING Financial, Des Moines, IA, Advanced Markets Attorney

2008-present: Edward Jones, Norwalk, IA, Kansas City, KS, currently in Shawnee, KS, Financial Advisor

Community Involvement: Leadership 2000, (KCK Community Leadership Program), Class of 2012 Shawnee Tomorrow, Class of 2014 Shawnee Tomorrow, Steering Committee Chairperson, 2014-2016 Shawnee Chamber of Commerce, Government Affairs Committee Member U.S.D. 232 Board of Education, At Large Position, Elected Official, 2015 - present Alpha Ministry Coordinator, Kaw Prairie Community Church Member of worship band, Kaw Prairie Community Church

Professional Accomplishments: Member of the Iowa Bar, 2006 to present (law license is inactive as required by my employment with Edward Jones) Certified Financial Planner, 2007 to present Charter Life Underwriter, 2006 to present 42

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Stephen E. Powell, City Clerk

DATE: September 12, 2016

SUBJECT: The Other Place, 22730 Midland Drive Cereal Malt Beverage (CMB) License (On-Premises)

BACKGROUND Troy Stedman has submitted an application on behalf of The Other Place for a license for the sale of cereal malt beverages for consumption on the premises at 22730 Midland Drive. This license requires approval by the Governing Body. The applicant has also applied for a Drinking Establishment License, which allows for the serving of alcoholic liquor, including beer above the 3.2% alcohol volume. The Drinking Establishment license is approved by the City Clerk after the State issues a State Liquor License. In order for a Drinking Establishment to sell 3.2% beer, they also apply for, and receive a Cereal Malt Beverage License.

DISCUSSION Staff has reviewed the application to determine if any answers would disqualify the applicant from holding a Cereal Malt Beverage License. There were no disqualifying answers. The Police and Planning Departments, along with a representative of the City Attorney’s office, have reviewed the application and have offered signatures indicating approval.

RECOMMENDATION City staff recommends that the City Council approve the licenses for the sale of cereal malt beverages for consumption on the premises to The Other Place, located at 22730 Midland Drive through December 31, 2016, provided the necessary fees, required by ordinance for both the City license and for the State of Kansas Cereal Malt Beverage stamp, are paid.

43

TO: Carol Gonzales, City Manager FROM: Stephen E. Powell, City Clerk DATE: September 12, 2016 SUBJECT: The Other Place CMB License PAGE: 2

The Other Place 22730 Midland Drive

44

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Elli Bowen, Director, Business Development, Shawnee Economic Development Council

DATE: September 12, 2016

SUBJECT: SEED Program Agreement for SS&C Solutions, Inc.

BACKGROUND On June 11, 2012, the Governing Body, through adoption of Policy Statement 65 (PS-65), Economic Development Fund, established the Shawnee Entrepreneurial and Economic Development (SEED) program. The purpose of the program is to encourage expansion of existing businesses and attraction of new employers by supporting job creation and new payroll. The SEED program provides for an initial one- time payment to the business, with increments of the loan forgiven over time as job creation and other targets are met. (A variation of the program allows payments in annual allotments rather than a one-time forgivable payment.) In order to be eligible, an employer/owner must be a business in good standing, current with tax and assessment payments and must meet all provisions of the Kansas Act Against Discrimination. The business must project that a minimum of ten (10) new (full time equivalent) jobs will be created with a combined average salary that exceeds the minimum average salary in Johnson County as defined by the Kansas Department of Labor.

The Policy states that the amount of the Forgivable Loan will be determined by the Governing Body and set out in the Agreement, but for a new business shall generally be 1.5% of committed new payroll. On February 22, 2016, the Governing Body approved revisions to PS-65 that provide a new 3.5% loan tier to encourage “High Growth” Industry Employers, defined as those industries that are expected to see significant growth within the region and state. Finance and Insurance is one of industry sectors within this definition.

An additional 0.5% may be awarded for meeting other local contribution criteria beneficial to the community, such as 1) 25% of new hires are Shawnee residents, 2) significant use of Shawnee-based or partnering contractors and/or vendors or 3) substantial contribution made to a Shawnee-based charitable organization.

DISCUSSION SS&C Solutions, Inc. is an employee-owned certified public accounting firm and business services company based in Topeka with locations in Lawrence, Lenexa and Meriden, KS. SS&C Solutions has continued to expand over the past year, which has prompted their search for a larger office space. The company is considering relocating their Lenexa location to the BMO Harris Bank facility at 7225 Renner Road, and plans to invest an estimated $62,750 for tenant finishing and equipping the new office. This space would be leased with a targeted move-in date of December 1, 2016. 45

TO: Carol Gonzales, City Manager FROM: Elli Bowen, Director, Business Development, Shawnee Economic Development Council DATE: September 12, 2016 SUBJECT: SEED Program Agreement for SS&C Solutions, Inc. PAGE: 2

SS&C Solutions is active and in good standing with the Kansas Secretary of State’s Office.

SS&C Solutions would relocate 13 employees to Shawnee later in 2016, and plans to create at least two new jobs during 2017. Average salaries are estimated at over $76,000. Skyler Fairchild, Scott Martin and Leon Logan will represent the company at the City Council meeting. A statement from Mr. Fairchild indicating the firm’s intention to move their headquarters to Shawnee is included as Exhibit A to the attached proposed agreement.

The agreement provides for a 3.5% forgivable loan of $38,710 to be paid in 2016 with $12,904 forgiven annually over a three year term. Anticipated job creation is shown below:

Calendar Year New Jobs to Shawnee Annual Average Salary

2016 13 $ 77,385

2017 2 $ 73,734

SS&C Solutions is not requesting the additional 0.5% loan option for local contribution credit.

FINANCIAL INFORMATION The financial impact to the City would be $38,710 in 2016. Funding is available in the Economic Development Fund.

RECOMMENDATION Staff recommends the Governing Body approve and authorize the Mayor to sign the SEED Agreement with SS&C Solutions, Inc.

46 AGREEMENT FOR DISTRIBUTION OF A SHAWNEE ENTREPRENEURIAL & ECONOMIC DEVELOPMENT LOAN SS&C SOLUTIONS, INC.

THIS AGREEMENT is effective this 12th day of September, 2016 (the "Effective Date") and is hereby made and entered into by and between the City of Shawnee, a municipal corporation of the State of Kansas, hereinafter referred to as "City", and SS&C Solutions, Inc., a certified professional accounting firm operating a Kansas for profit corporation, authorized to do business in the state of Kansas, hereinafter referred to as "SS&C".

WHEREAS, the Governing Body of the City has created the Shawnee Economic Development Fund (the "Fund") within the treasury of the City; and

WHEREAS, the City has established the Shawnee Entrepreneurial & Economic Development Program (the "SEED Program") pursuant to Policy Code No. PS-65 for the purpose of making loans from the Fund to encourage expansion of existing businesses and to attract new office and industrial employers by supporting job creation; and

WHEREAS, SS&C is in good standing and qualified to do business under the laws of Kansas; and

WHEREAS, SS&C is planning to invest an estimated $62,750 to relocate its company and acquire, construct, and equip a new office at 7225 Renner Road, Shawnee, Kansas 66217 (the "Facility") located within the City; and

WHEREAS, SS&C is planning to relocate to the City at least Fifteen (15) new full time jobs through the 2017 calendar year, and the combined average salary of those positions will exceed the minimum average salary in Johnson County; and

WHEREAS, SS&C has made a request to the City for a loan from the Fund in accordance with the SEED Program for the purpose of supporting job creation in the City in a designated high growth industry, based on three and one-half percent of SS&C's committed total new payroll as a business relocation to the City, $38,710 (3.5% of $1,106,010) as determined under this Agreement. A letter of request from SS&C is attached to this Agreement as Exhibit A; and

WHEREAS, the City has the entire amount of $38,710 that is the subject of this Agreement actually on hand and available in the Fund in the City Treasury;

NOW, THEREFORE, in consideration of such mutual benefits and of the mutual covenants and agreements expressed herein, the parties covenant and agree as follows:

1. Definitions. The following terms are defined as follows for purposes of this Agreement:

47 "Number of Additional Jobs" means as set forth in the Exhibit C Schedule of Events, SS&C agrees it will establish or relocate at least Fifteen (15) positions of employment to the City of Shawnee through the 2018 calendar year, with an annual average salary and a total new combined average annual payroll as set forth in the Exhibit C Schedule of Events; SS&C will maintain at least those Fifteen (15) new positions of employment in the City of Shawnee at the stated annual average salary, and total combined average annual payroll through the calendar year of 2018.

2. Loan Amount. The City hereby agrees to loan to SS&C from the Fund in accordance with the SEED Program the total amount of not-to-exceed $38,710 (the"Loan Amount"), subject to the terms and conditions ofthis Agreement. Payment of the full amount will be made within ten days of approval of the Agreement by both parties.

3. Certification. On or before April 1 of each year beginning in 2017 and continuing until 2019, SS&C shall report to the City on the Annual Employment Certification form attached hereto as Exhibit B, the number of positions of employment, annual average salary, and the total combined average annual payroll of the immediately preceding Agreement Year, sufficient to demonstrate compliance with the Exhibit C Schedule of Events.

4. Forgiveness of the Loan. For each year in which SS&C timely files the required Annual Employment Certification and demonstrates it is in compliance with the Number of Additional Jobs, average annual salary, and total combined average annual payroll requirements of this Agreement as set forth on the Exhibit C Schedule of Events, the City agrees that the Loan Amount repayable to the City under paragraph 5 of this Agreement shall be reduced annually by $12,904 commencing April 15, 2017. The City will provide written confirmation of the new outstanding Loan Amount on or before April 15 of each year.

5. Loan Repayment. If the Annual Employment Certification indicates that during any such preceding Agreement Year SS&C failed to meet either the required Number of Additional Jobs average annual salary, or total combined average annual payroll requirements, the outstanding Loan Amount will not be reduced for that year and SS&C shall repay $12,904 for each year of noncompliance to the City no later than April 30 immediately following the Agreement Year for which the Annual Employment Certification does not demonstrate compliance with the Number of Additional Jobs, the average annual salary, and total combined average annual payroll requirements of this Agreement as set forth in the Exhibit C Schedule of Events.

6. Audit. The City shall have the right to audit and examine the records of SS&C for the sole purpose of and as necessary to verify the information submitted to the City by SS&C pursuant to this Agreement. Discovery by the City, through an audit or otherwise, of failure of SS&C to comply with the Number of Additional Jobs or the Average Annual Salary requirements of this Agreement shall trigger the repayment obligation contained in paragraph 5 above. The failure of SS&C to provide access to

48 such records upon reasonable request of the City shall trigger the repayment obligation contained in paragraph 5 above.

7. Term. The Term of this Agreement shall commence on the Effective Date and terminate on April 30, 2019, unless sooner terminated as provided herein.

8. Anti-Discrimination. SS&C agrees that:

SS&C shall observe the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and shall not discriminate against any person because of race, religion, color, sex national origin, ancestry or age; and

In all solicitations or advertisements for employees, SS&C shall include the phrase, "Equal Opportunity Employer," or a similar phrase to be approved by the Kansas Human Rights Commission ("Commission").

SS&C further agrees that it shall abide by the Kansas Age Discrimination In Employment Act (K.S.A. 44-1111 et seq.) and the applicable provision of the Americans With Disabilities Act (42 U.S.C. 12101 etseq.) as well as all other federal, state and local laws, ordinances and regulations and to furnish any certification required by any federal, state or local laws, ordinances and regulations and to furnish any certification required by federal, state or local governmental agency in connection therewith.

If SS&C is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, SS&C shall be deemed to have breached this Agreement, and this Agreement may be canceled, terminated or suspended, in whole or in part, by the City. In the event of a cancellation, termination or suspension by the City upon the failure of SS&C to comply with the provisions of this paragraph, such event shall trigger the repayment obligation contained in paragraph 5 above.

9. Indemnity, Litigation and Claims. SS&C shall indemnify, protect, defend and save the City harmless from and against any and all claims, demands, liability and costs, including attorneys' fees, arising from the negligence or willful misconduct in its performance under this Agreement.

10. Notices. Any notices required or permitted to be given pursuant to this Agreement may be delivered in person or mailed, certified mail, return-receipt requested, to the following:

To: SS&C Solutions, Inc. 16201 W. 95th Street, Suite 210 Lenexa, Kansas 66219 Attention: Skyler Fairchild, CPA, CGMA Telephone: (913) 951-4204

49 Facsimile: (913) 696-0457

Effective December 1, 2016: 7225 Renner Road Shawnee, Kansas 66217 Attention: Skyler Fairchild, CPA, CGMA

To: City of Shawnee, Kansas 11110 Johnson Drive Shawnee, KS 66203 Attention: Carol Gonzales, City Manager Telephone: (913) 742-6200 Facsimile: (913) 631-7351

11. Miscellaneous. The following miscellaneous provisions shall apply to this Agreement-

Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall be deemed to constitute one and the same instrument.

Binding Effect. This Agreement shall bind and benefit the City and SS&C and their respective legal representatives, successors and assigns.

Integrated Agreement. This Agreement represents the complete and entire understanding and agreement between the parties hereto with regard to the Award of Funding, and supersedes any and all prior or contemporaneous agreements, whether written or oral with respect thereto. There are no promises, agreements, conditions, undertakings, warranties, or representations, oral or other than as set forth in this Agreement.

Modification; Waiver. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto, or their respective successors in interest.

Interpretation. The headings used in this Agreement are for convenience only and shall not affect its interpretation.

No Third-Party Beneficiaries. The recitals set forth above are incorporated in and made a part of the Agreement. Nothing contained in this Agreement shall be deemed to be for the benefit of any third parties.

50 Notification of Material Change. SS&C shall provide prompt advance notice to City of any contemplated material change in SS&C ownership, control or management, including issues of insolvency or bankruptcy, or other material changes that could reasonably result in a default by SS&C under any agreement to which it is a party related to the matters set forth herein.

Severability. In the event any provision in this Agreement is found to be unenforceable or unconstitutional, all other provisions shall remain in full force and effect.

Authority. By signing this Agreement, the parties affirm that they have the authority of their respective entities to enter into this Agreement and bind their respective entities.

Assignment The parties acknowledge and agree that SS&C shall not assign, transfer, hypothecate or otherwise encumber this Agreement and its rights hereunder, without the prior written approval of City.

Taxability. The City makes no representation as to the taxability or tax effect of this Agreement and the incentive payments hereunder.

Cash Basis. This Agreement, and the obligations of the City hereunder, are subject to the Kansas Cash Basis Law (K.S.A. 10-1100, etseq.) and Budget Law (K.S.A. 75-2529, et seq.). The City is obligated only to make payments under this Agreement as may be lawfully made from funds budgeted and appropriated for the purposes as set forth in this Agreement, in accordance with the foregoing and other applicable laws and regulations.

Time of Essence. Time is of the essence of this Agreement and in the performance of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied by the parties hereto.

Governing Law. This Agreement shall be construed and the rights and obligations of the parties shall be determined under the laws of the State of Kansas.

[Remainder ofpage intentionally left blank.]

51 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. SS&C By: jaC^^S^

Name: £6/., M -&,ck:JS Title: /,',* •^fr*s:

ATTEST:

Name: S*-A r[-rWM^

Title:

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF SHAWNEE, KANSAS

By: Michelle Distler, Mayor

(SEAL)

ATTEST:

By:. Stephen Powell, City Clerk

52 EXHIBIT A

53 16201 W 95th Street, Suite 210 Lenexa, Kansas 66219 $C Solutions. Inc. http://www.SSCcpas.com Jifum r*mrn^wiuiimiimistiiI

Jpeka • Lawrence • Lenexa • Meriden

September 6, 2016

Ms. Carol Gonzales City of Shawnee 11110 Johnson Drive Shawnee, KS 66203

Re: Shawnee Entrepreneurial &Economic Development (SEED) - Forgivable Loan Program

Dear Members of the Governing Body:

On behalf ofSS&C Solutions, Inc., Iam formally requesting consideration for the City ofShawnee's SEED Forgivable Loan Program. The program and associated funding of $38,710will be instrumental inour company'sdecision to relocatefrom our Lenexa, KS location to 7225 Renner Rd.; Shawnee, KS 66217.

Specifically, we will "build-out" the necessary offices, workstations, cubicles and equipment - not only for our current needs, but also our plannedgrowth needs. As a progressive, ESOP owned, CPA firm, we are also excited about the opportunity to build a technology training room for our staffand clients.

While our Lenexa, KS office is our "newest" office, it isour firm's fastest growing office. We will add a minimum of 2 additional professionals in 2017.

SS&C is a full-service accounting firm. Along with traditional public accounting services (e.g. tax planning and returns, bookkeeping, payroll) we also perform assurance services (e.g. audits, reviews, attestation). In addition, we are a unique CPA firm, aswe also do CVA (certified valuation services), ESOP feasibility studies, and business consulting engagements. Some of the industries we practice in include health, engineering, insurance, construction, manufacturing and employee benefits.

Our firm has a formal, focused, and driven vision. The avenues we focus on are: "For our Clients", "For our Team Members", "For our Firm", and "For our Community". Shawnee will become "our Community".

Thank you for your consideration.

^AS— 4\~rAZ>jtj^r

Skyler W. Fairchild, CPA, CGMA

54 EXHIBIT B

ANNUAL EMPLOYMENT CERTIFICATION AND

LOCAL CONTRIBUTION CREDIT CERTIFICATION

FOR THE AGREEMENT YEAR

Date:

SS&C hereby certifies that, during the calendar year indicated above at the Shawnee

Facility, it achieved and maintained Full Time Jobs with a combined average salary of , for a total annual payroll of as required by the term of this Agreement.

By:

Name:_

Title:

55 EXHIBIT C

SCHEDULE OF EVENTS

Anticipated Date Event Loan Balance December 1, SS&C Certificate of Occupancy for new building. $38,710 2016

April 1,2017 SS&C submits Annual Employment Certification to the City verifying 13 full time jobs relocated to the Shawnee Facility during the 2016 calendar year with an average annual salary of $77,385 and a total new combined average annual payroll of $1,006,005.

April 15, 2017 City notifies SS&C of forgiveness of $12,903 of the loan. $25,807

April 1,2018 SS&C submits Annual Employment Certification to the City verifying 15 full time jobs at the Shawnee Facility during the 2017 calendar year with an average annual salary of $73,734 and a total new combined average annual payroll of $1,106,010.

April 15, 2018 City notifies SS&C of forgiveness of $12,903 of the loan. $12,904

April 1,2019 SS&C submits Annual Employment Certification to the City verifying 15 full time jobs remain at the Shawnee Facility during the 2018 calendar year with an average annual salary of at least $73,734 and a total new combined average annual payroll of at least $1,106,010.

April 15,2019 City notifies SS&C of forgiveness of $12,904 of the loan. $0

56

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Dave Holtwick, Business Liaison

DATE: September 12, 2016

SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411

BACKGROUND A preliminary presentation on the at the Nieman Road Reallocation of Right-of-Way Study was given at the May 3, 2016 Council Committee Meeting, and the Consultant Team presented the Final Report at the Council Committee meeting August 6, 2016.

DISCUSSION The full study was posted on the City’s website on August 10th. At the Committee meeting, there was considerable discussion related to whether to proceed with the temporary restriping, or move forward with the corridor project.

Councilmember Jenkins asked for additional information regarding the cost/benefit of the project. The best information available comes from one of the previous studies that the Nieman Road Reallocation of Right-of-Way Project built upon, Community Connections – Nieman Road Study, which was completed in January 2014. As part of that study, a consultant with ECONorthwest prepared documents summarizing the “Economic and demographic conditions that affect the Nieman Road Corridor” and the “Financial Feasibility Analysis of Opportunity Sites on the Nieman Road Corridor”. These documents are Appendix B and C of the Community Connections study which is located on the City’s website and may be accessed at this link via http://www.cityofshawnee.org/pdf/nieman/NiemanCorridorAppendix.pdf. Paper copies can be made available if requested.

The analysis of the “opportunity sites” contains projections based on assumptions but it does indicate improved economic conditions would likely result from improvements along the Nieman Corridor. Additionally, staff reviewed information prepared by Smart Growth America’s National Complete Streets Coalition. A report released in March 2015 entitled “Safer Streets, Stronger Economies” stated:

“Before-and-after data in this area are scarce for all kinds of transportation investments and Complete Streets projects are no exception. Of the 37 projects included in our survey, we were able to examine changes in business impacts, property values, and/or total private investment in 14 places. We found that employment levels rose after complete Streets projects57

TO: Carol Gonzales, City Manager FROM: Dave Holtwick, Business Liaison DATE: September 12, 2016 SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411 PAGE: 2

– in some cases, significantly. Communities reported increased net new businesses after Complete Streets improvements, suggesting that Complete Streets projects made the street more desirable for businesses. In eight of the ten communities with available data, property values increased after the Complete Streets improvements. And eight communities reported their Complete Streets projects at least partly responsible for increased investment from the private sector. These data support the economic outcomes reported anecdotally by many communities but more data are needed here (and for other transportation projects) to conclusively connect Complete Streets with economic success.”

One local project that was highlighted as part of this study was in Lee’s Summit, Missouri. Lee’s Summit reconstructed several streets within its downtown district, improving sidewalks and adding lighting and street trees to calm traffic and encourage more pedestrian activity. The City improved sidewalks and added bump-outs, streetlights, benches and planters. Acting as a catalyst for redevelopment, Downtown Lee’s Summit estimates 10 net new businesses, 58 net new jobs, and nearly $3.5 million in private investment has occurred since the changes were made. The total cost of the project was $10.5 million, which included utility upgrades.

FINANCIAL INFORMATION The Nieman Road Reallocation of Right-of-Way study was contracted for a not to exceed fee of $199,975 with 75% funding from the Federal Transportation Alternatives Program (TAP) and 25% from the City. The 2015R Budget included $50,000 in the Economic Development Fund for the City’s 25% match. BHC has indicated that the project should be completed at or under budget.

Following is the current project expenditure schedule based on information known today. The estimated additional cost to place the lines underground and eliminate the poles is $1.95 million and may or may not be able to be absorbed within this current estimate. More information will be obtained on the utility relocation costs in the near future and the scope of the project will be further refined.

Project Financing Funding Sources Estimated Expenditure Schedule Description 2017 Total Description 2017 Total Right-of-Way $ - $ - $ - General Fund $ - $ - $ - Construction $ 6,000,000 $ - $ 6,000,000 Debt $ 3,825,000 $ - $ 3,825,000 Legal $ - $ - $ - Benefit District $ - $ - $ - Engineering $ 300,000 $ - $ 300,000 County CARS $ 3,000,000 $ - $ 3,000,000 Miscellaneous / Utility $ - $ - $ - County SMAC $ - $ - $ - Equipment $ - $ - $ - Special Revenues $ - $ - $ - Contingencies $ 300,000 $ - $ 300,000 State / Federal / CDBG $ - $ - $ - Administration $ - $ - $ - Other $ - $ - $ - Financing $ 225,000 $ - $ 225,000 $ - $ - $ - Total Cost $ 6,825,000 $ - $ 6,825,000 Total $ 6,825,000 $ - $ 6,825,000

58

TO: Carol Gonzales, City Manager FROM: Dave Holtwick, Business Liaison DATE: September 12, 2016 SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411 PAGE: 3

RECOMMENDATION The Council Committee recommended 8 to 0 that the Governing Body accept the Nieman Road Right-of-Way Reallocation Plan Report.

The Council Committee recommended 5 to 3 that the Governing Body not proceed with the temporary restriping plan for Nieman Road.

The Council Committee recommended 8 to 0 that the Governing Body direct staff to proceed with the preparation of a final scope of work for construction of a 3-lane roadway section, with a side path on the east side of Nieman.

59 60 CITY OF SHAWNEE COUNCIL COMMITTEE PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Dave Holtwick, Business Liaison

DATE: August10, 2016

SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411

BACKGROUND The last update to the Council from the Nieman Road Reallocation of Right-of-Way project team was at the May 3, 2016 Council Committee Meeting. Since that time, additional public engagement opportunities were held, including a public open house on May 10th and an on-line survey opportunity through the end of May.

After the survey was completed, the Project Team completed their comprehensive review and evaluation of the data gathered and prepared their final report. Per the requirements of the grant award, they also completed the construction documents to be used for the restriping of Nieman Road to three lanes.

Since the May 3rd Committee meeting, City Council had several discussions regarding all of the current projects in the Downtown area, and how they could be streamlined and expedited. Staff met and discussed the financial obligations involved and presented that information during the budget process. As part of their approval of the 2016R and 2017 Budget, the Council approved most of the changes needed to comprehensively design, construct and complete four drainage projects as well as the Nieman Road project. Flint Street was included in the forecast for 2018. Council expressed a preference for funding additional needed project management through a consultant contract as part of the bonded project costs. No funding was included for the Turkey Creek Trail Connection Project. The final report for the Turkey Creek Trail Connection Project will be presented at the September 6, 2016 Committee meeting.

DISCUSSION The full study was posted on the City’s website on August 10th. The Executive Summary includes an overview of the findings as well as explanations for the recommendations regarding the roadway, traffic signal improvements, access management, utility “clean up” and off-corridor actions. The Executive Summary is on the City’s website and also included in the packet. At the Committee meeting, Randy Gorton, BHC Rhodes, will provide a brief presentation of the findings and recommendations of the study. The recommendations were based on criteria that was developed from the public input gathered through the initial “Community Connections” Nieman Road public 61

TO: Carol Gonzales, City Manager FROM: Dave Holtwick, Business Liaison DATE: August 10, 2016 SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411 PAGE: 2

engagement, and through this process. Those criteria are in the final draft study (beginning on page 79) and are also included in this packet.

Following is the projected timeline developed by staff for the Downtown projects in order to most efficiently move through the construction process. It is anticipated that staff will recommend that plans be developed by the engineering companies who have already performed the initial studies. Decisions will be made how to best package projects for construction bids as we move forward.

Project Phase Design Construction Nieman South Drainage Fall 2016 Fall 2016/Spring 2017 62nd and Nieman Drainage Fall 2016/Spring 2017 Summer 2017/Fall 2017 Nieman Middle Drainage Fall 2016/Spring 2017 Summer 2017/Fall 2017 Nieman North Drainage Fall 2016/Spring 2017 Fall 2017/Spring 2018 Utility Relocations (for Nieman Road project) Fall 2016/Spring 2017 Summer 2017/Fall 2017 Nieman Road Improvement Fall 2017/Spring 2018 Spring 2018/Summer 2018 Flint Street Improvements* Fall 2017/Spring 2018 Spring 2018/Summer 2018 *funding not yet approved

Based on this timeline, and the Nieman Road lane reductions that will be required during the various drainage projects, staff and BHC Rhodes recommend proceeding with the temporary restriping of Nieman this fall. Signal adjustments at Johnson Drive and 55th Street would also be made at that time. This will give ample time for drivers to adapt to the 3-lane configuration and for staff to identify any modifications that might be needed before the remainder of the project is constructed. Additionally, when lanes are reduced during various phases of the drainage projects, a restriped 3-lane section will make traffic control less complex and result in a safer situation for drivers.

FINANCIAL INFORMATION The study was contracted for a not to exceed fee of $199,975 with 75% funding from the Federal Transportation Alternatives Program (TAP) and 25% from the City. The 2015R Budget included $50,000 in the Economic Development Fund for the City’s 25% match. BHC has indicated that the project should be completed at or under budget.

There is currently $80,000 budgeted for a restriping to test a 3-lane option in the Economic Development Fund for 2016. The capital project, Nieman Road Reallocation, is included in the 2017 CIP at a total project cost of $6,825,000 with funding for a ten year bond also provided for in the Economic Development Fund. The Council approved the $3,000,000 CARS request that is part of the $6,825,000 at the April 25th Council Meeting. It is unlikely that this will cover the full cost to relocate the power poles and lines along Nieman. The estimated additional cost to place the lines underground and eliminate the poles is $1.95 million. More information will be obtained on the utility relocation costs in the near future and the scope of the project will be further refined.

The project budget as currently shown does not include consultant costs for additional project management time. The additional costs will be included in the 2017 – 2022 Capital Improvement 62

TO: Carol Gonzales, City Manager FROM: Dave Holtwick, Business Liaison DATE: August 10, 2016 SUBJECT: Nieman Road Reallocation of Right-of-Way project Update - P.N. 3411 PAGE: 3

Plan. Staff will bring a final scope of work and estimated costs for the project with the engineering services agreement later this year.

Project Financing Funding Sources Estimated Expenditure Schedule Description 2017 Total Description 2017 Total Right-of-Way $ - $ - $ - General Fund $ - $ - $ - Construction $ 6,000,000 $ - $ 6,000,000 Debt $ 3,825,000 $ - $ 3,825,000 Legal $ - $ - $ - Benefit District $ - $ - $ - Engineering $ 300,000 $ - $ 300,000 County CARS $ 3,000,000 $ - $ 3,000,000 Miscellaneous / Utility $ - $ - $ - County SMAC $ - $ - $ - Equipment $ - $ - $ - Special Revenues $ - $ - $ - Contingencies $ 300,000 $ - $ 300,000 State / Federal / CDBG $ - $ - $ - Administration $ - $ - $ - Other $ - $ - $ - Financing $ 225,000 $ - $ 225,000 $ - $ - $ - Total Cost $ 6,825,000 $ - $ 6,825,000 Total $ 6,825,000 $ - $ 6,825,000

RECOMMENDATION Staff recommends that the Committee forward to the Governing Body a recommendation to accept the Nieman Road Right-of-Way Reallocation Plan Report, approve the temporary restriping plan for Nieman Road and direct staff to proceed with the preparation of a final scope of work for construction of a 3-lane roadway section, with a side path on the east side of Nieman.

63 64

1 EXECUTIVE SUMMARY

This section presents a brief summary of the process, "ndings, and recommendations of the Nieman Road Right-of-Way Reallocation Plan. 1 EXECUTIVE SUMMARY

INTRODUCTION & RELATED INITIATIVES

The City of Shawnee was awarded Transportation Alternatives Program funding administered by the Kansas Department of Transportation (KDOT) for the Nieman Road Reallocation of Right-of-Way Study. The study was intended to achieve the following objectives: • Study Begins Oct. 2015 • Accomplish next steps of implementation • On-Site Work Sessions Jan/Feb 2016 from previous City e"orts • Draft Recommendations to • Develop preliminary corridor layout for Apr. 2016 City improving: pedestrian) preferences • On-line Survey, Presentation Image of corridor • Seek feedback on identi#ed corridor to Council & Public Open May 2016 Movement along the corridor improvement alternatives House (multimodal) • Shape the #nal study recommendations • Prepare #nal plans for restriping Nieman Road • 90% Plans for Re-Striping June 2016 presented to City Council • Coordinate with Linking Historic Shawnee • Draft Final Report to City July 2016 trail project • Presentation of Final Several methods were used to promote this Recommendations to Aug. 2016 interaction with the public: The study built upon several previous and current Council • A kick-o" letter was mailed to property e"orts by the City of Shawnee: owners within the study limits to make them • Downtown Design Guidelines aware of the study, its objectives, and ways in • Shawnee Mission Parkway Visioning Study PUBLIC ENGAGEMENT which they could be involved. • Community Connections Plan • On-site meetings in January and February • Linking Historic Shawnee The Nieman Road study included a signi#cant were held to allow the consultant team to • Turkey Creek Tributary Drainage e"ort to engage the public in order to: have numerous one-on-one sessions with Improvements (Nieman Middle Corridor) • Inform them of the study process residents, business owners, and o$cials. • Assess current satisfaction and complaints • An open house was held in May to present STUDY TIMELINE regarding the corridor and its adjacent alternatives for the corridor, and an on-line properties survey was hosted thru the end of the month

Signi#cant65 milestone dates for the study process • Discuss access management strategies to allow for feedback on several key questions were as follows: • Determine multi-modal (auto, bicycle, discussed during the open house. Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 4 166 EXECUTIVE SUMMARY

of dedicated left-turn lanes for north-south 1.The Thecommercialcommercial commercial “strip” “strip”, “strip”,, displayingdisplaying displaying manymany many ofof thethe of the tra$c. characteristics of an auto-oriented general • The large number of access points along commercial corridor in an established urban Nieman, combined with a lack of dedicated setting. turn lanes, has created a situation in which 2.1.The Thetown town center center,, incorporating incorporating the historic the historic there is a heightened risk of rear-end core of Shawnee at the Nieman and Johnson accidents along Nieman due to inside lanes intersection. functioning as intermittent left-turn lanes. 3.2.The Thedowntown downtown frame frame,, with withmixed mixed commercial, • Public comments gathered during the commercial,light industrial, light and industrial, automotive and uses, automotive typical EXISTING CONDITIONS planning process indicated disagreement uses,of the typical edge zones of the around edge zones a traditional around towna over the role of bicycles on Nieman Road. traditionalcenter. town center. The following characteristics were identi#ed for Some participants believed the street should 4.3.The Theresidential residential segment segment,, characterized characterized by by the existing Nieman Road corridor: be a complete street in its #nal design, single-family detached homes between 57th • Nieman Road is a 4-lane undivided street accommodating all forms of transportation. and 55th Streets.Streets functioning as a major collector/minor Others considered it primarily a facility for arterial route. Sidewalk is in place along motor vehicles, and believed bicyclists should Historic/Cultural Features and both sides of Nieman, with widths varying be routed elsewhere. Opportunities between 4 feet and 10 feet, but the narrow Nieman Road as a corridor has a number of separation from moving tra$c produces a rich opportunities for historic interpretation. It generally unfriendly pedestrian environment. provides immediate access to two important • Existing right-of-way is generally 60 feet- cultural features: Shawnee Town 1929 and the 66 feet within the study limits, with more Wonderscope Children’s Museum of Kansas constricted conditions at north end near 55th City. But as an urban environment, Nieman Street. Road itself can help communicate the stories • Current average daily tra$c along Nieman of its development and that of Shawnee. Signs is approximately 10,000-15,000 along the are currently in place noting two Santa Fe Trail corridor (lighter at north end and heavier at historic sites – the Gum Springs site at 59th and the south end). Nieman and the Shawnee Indian Cemetery at the Land Use and Urban Character • There are existing tra$c signals at Johnson end of 59th Terrace east of Nieman. There are a The mile-long Nieman Road segment that is the Drive and 55th Street intersections. The number of other sites of interest along Nieman subject of this plan has four distinct land use and existing tra$c signal at Johnson Drive has Road that could be highlighted. character segments: to operate less e$ciently because of a lack

Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 5 1 EXECUTIVE SUMMARY

Utilities intersections and require higher tra$c volumes Lane Recon"guration As with any established urban corridor, there than are present on Nieman Road at any of the Changes to the lane con#guration of Nieman are a number of utilities located along Nieman existing stopcontrolled intersections. Pedestrian Road were considered in order to better balance Road. Power, sanitary sewer, stormwater, gas, Hybrid Signals (also known as HAWK signals) are the needs of motorists with those of bicyclists telecommunication, water lines and structures another option but can only be placed mid- and pedestrians. Three di"erent alternatives were are located above and below the ground within block. The bene#t of a pedestrian hybrid signal identi#ed: the public right-of-way. is it is only on when triggered by a pedestrian so the delay to vehicles on the corridor would be • 4-Lane: a minimalist approach to making minimal and they are highly visible to increase changes to Nieman; focus on limited ALTERNATIVES the safety of the pedestrian. widening for turn lanes or pedestrian crossings. Johnson Drive Signal The single most signi#cant delays along the • 5-Lane: conventional approach of widening Nieman Road corridor are due to the splitphase street to add a center left-turn lane in tra$c signal timing currently in operation addition to existing four lanes. at Johnson Drive. In order to improve signal operation and reduce vehicle and pedestrian • 3-Lane: combines inside lanes into a center delays, the lane arrangement for Nieman Road left-turn lane; additional space can be used would need to allow for left turns to occur for bicycle/pedestrian facilities. simultaneously. This would mean vehicles must use at least one lane dedicated for left turns. Identi#ed options were recon#guring the intersection for either a 3-lane roadway on Nieman, or widening to a 5-lane roadway, plus A comprehensive tra$c engineering study would right-turn lanes where needed. Either option be required to determine if these locations are required roadway widening, and the 5-lane appropriate for installation of hybrid pedestrian option would require additional right-of-way to crossing signal. Along with the pedestrian hybrid be purchased. signal, other tra$c devices such as high visibility pavement markings/signage and a pedestrian Pedestrian Crossings refuge island can be used to increase driver Two options for additional pedestrian crossings awareness at the midblock crossings. along67 the corridor were examined during the study. They can only be constructed at Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 6 168 EXECUTIVE SUMMARY

Intersecting Streets by the adjacent popular business to provide usually provide for one-way movement in While there currently are not any major more parking, as well as provide a location the same direction as motor vehicles, and are operational issues with the existing Johnson for landscaping, monumentation, an historic ordinarily identi#ed by compliant bike lane Drive approaches to Nieman, two opportunities marker, or other similar streetscape features to pavement markings and optional signs. to add on-street parking for nearby businesses enhance aesthetics. This option would require were brought up during the on-site work the purchase of at least two residential lots and sessions. Either option would likely have several hundred feet of street reconstruction, but a negative e"ect on travel delays at this could be worthwhile if the adjacent business was intersection due to the need to adjust the signal considering purchasing some of this property for phasing. These options would only be considered parking expansion. if enhanced on-street parking facilities are deemed to be a major priority for the community. Bicycle Facility Alternatives An array of facility types can be applied to ensure An opportunity to better align intersecting bicycle mobility in the Nieman Road corridor and streets (61st and Roger Road) while creating an to potential regional routes. These include the improved parking arrangement for a private following: • Sidepaths. Sidepaths are wide paths (typically business was identi#ed during an on-site work • Share-the-road (STR) streets : On STR streets, ten-foot minimum width but eight feet in session. It would be possible to shift Roger bicyclists and motor vehicles operate in constrained situations) located within a street Road south approximately 130 feet to align with common right-of-way. STR routes are right-of-way but fully separated from travel 61st. The vacated right-of-way could be used sometimes identi#ed by the “sharrow” or lanes, usually by curbs. They are sometimes shared lane pavement marking and MUTCD referred to as “widened sidewalks” or “multi- “Bike Route,” “Share the Road,” or “Bicycles May use trails.” Use Full Lane” signage. • Bicycle Boulevards. Bicycle boulevards are • Striped Shoulders. The four to three lane diet segments of parallel major streets, and serve conversion provides adequate space for three the same destinations as busier arterials. standard lanes (34 feet) and shoulders of 5 to In the study corridor, bicycle boulevards 6 feet. These shoulders may be de#ned by a are streets or combinations of streets that white line without speci#c designation as a provide alternatives to Nieman Road that bike lane. serve the same destinations and provide • Bike Lanes. Bike lanes are shoulders similar regional continuity. Examples of speci#cally marked as lanes reserved for candidate streets include Barton Drive, King bicycle use. Conventional bicycle lanes Street, or Flint Street.

Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 7 1 EXECUTIVE SUMMARY

Streetscape • It provides the greatest level of comfort for Streetscape elements include functional elements users of all capabilities. It is important to note like seating, shelter, trash receptacles, and bicycle that sidepaths do present signi#cant issues parking; and special features like public art and at intersections, requiring application of the lighting. Landscaping may be clustered around standards identi#ed in the study. nodes or in places that provide a reasonable of space. Adjacent development can provide Tra#c Signal Improvements opportunities for larger scale green spaces. For The northbound example, public space should be incorporated and southbound Access Management into redevelopment projects on sites identi#ed in lane Corridors like Nieman must balance the this plan or the earlier Community Connections con#guration competing purposes of moving vehicles study. should be e$ciently, while also providing convenient access changed to all properties along the street. The following signi#cantly alternatives to access management along Nieman RECOMMENDATIONS at Johnson Drive and Nieman Road. Split were identi#ed: phase signal timing should be replaced with • “No change” - Leave access points Roadway simultaneous northbound and southbound (intersections and driveways) as they Based on our evaluation of the criteria; movements. A tra$c signal modi#cation to currently exist. discussions with businesses, residents, and other include *ashing yellow left turns will allow the • Limited “consolidation” – Identify properties stakeholders, and the results of the community signal to run permitted/protected northbound with multiple drives and adjacent properties survey; we conclude that a 3-lane section and southbound. that already have connecting parking lots roadway, with a sidepath on the east side of that may be candidates for closure of “extra” Nieman, is the best course of action for the drives, or consolidation of the number of future of the Nieman Road corridor. The reasons drives serving each block of Nieman. for this recommendation are: • Signi#cant consolidation of entrances – More • The 3-lane option with a 34-foot street aggressively consolidate driveways and direct section (except at major intersections) more access to properties via intersecting provides appropriate capacity and tra$c *ow. streets south of Johnson Drive. • It reallocates real estate in the right-of-way • Full access control – Consolidate the number in a way that provides the space necessary to of entrances and construct medians along create an attractive streetscape and provide 69 Nieman to physically limit the locations a more comfortable environment for non- where vehicles can turn left. motorized users. Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 8 170 EXECUTIVE SUMMARY

Access Management something more attractive and away from wires It is recommended the “limited” access and unattractive enclosures. SEQUENCING & IMPLEMENTATION management measures shown at the public open house should be implemented. These O$-Corridor Actions The most e"ective method of implementing recommendations call for the following: In order to complete Nieman Road as an these recommendations would be done in two • Eliminate drives on properties that have attractive, multi-modal transportation corridor phases: multiple entrances on Nieman, especially if that serves both the community and adjacent PHASE 1 they also have access to a side street. residents, businesses, and property owners, • Several drives should be moved slightly several actions should be implemented o" the • Temporarily re-stripe Nieman Road as a 3-lane within the respective properties to better mainline. Recommended actions include: street (a 14-foot center left-turn lane with align with drives or intersecting streets on the • Completion of the Nieman Road Corridor outside lanes 13 feet-15 feet wide). opposite side of the street. stormwater projects (North, Middle, and • Begin coordination with utility providers • Work with future redevelopment initiatives to South) by 2019. to develop options for more aesthetically reduce the number of drives on Nieman and • Completion of the link to the Turkey Creek appealing options above ground equipment. direct more tra$c to use the side streets. Streamway Trail as a cooperative project of Shawnee and Merriam. PHASE 2 Utility “Cleanup” • Rehabilitation/reconstruction of 60th Street • Reconstruct Nieman Road and shift the east We recommend the City determine whether and Flint Street, including bicycle and curb line (both curb lines in select areas) to adequate funds are available to have overhead pedestrian-friendly components. narrow the street to a standard 3-lane section utilities relocated to underground facilities. The • Upgrade of Barton Street. and construct new sidewalks and a sidepath cost di"erential between “undergrounding” and • Barton and Johnson Parking Lot. on the east side of the street. relocating overhead utilities to be behind the • Sidewalks on intersecting streets. • Signal modi#cations would be done at that buildings on Nieman is small enough the City time to accommodate the narrowed street would likely be able to a"ord “undergrounding” if and satisfy ADA requirements. relocation to the rear of properties were feasible. • Drives would be shifted or eliminated where called for. If funds are not available for “undergrounding”, • Limited streetscape elements can be it is recommended the City work with overhead incorporated within right-of-way. utilities to use poles and enclosures that are • Aboveground utility poles and enclosures can more decorative in appearance. It may also be replaced or moved underground. be a consideration to mount banners or other items on these poles that would draw the eye to

Nieman Road Right-of-Way Reallocation Project | Shawnee, Kansas Page 9 

  

  

+
 
  


 

 

 




 
% 
(  

( 
% 
'

!  
  # 
5

 
 
 

 

 
 

  


 
 , 
)

 
 

   
 

 

    ,   

    5

 

)

 
 


  

 ,  

  
  
 


)

 
 
  

 
  , 
(

 
  
 
 


 
   
 
 ,  


 


*  






  
 



 
 


 

 +
 

+
, 

 3
! 
 
-


)   , 
)

 
 

 
 



)

 
 
 

' 
) ,


)

 
 



 4

  

 , 
)

 
 



 

 

  





% , 
)

 
 




  



 , 71

% 
# 
# 44 
#  
$



" 5
& 
















$ 
0. 

  

  72 

! 
'   
 



)

 
 

 


 
   

 


  ,

) 
) 
)

)
 
  
'   


)

 
 



 
 




 

    ,

) 
)

 

 






  

 
   ,

+
 

 

 



 , 
)


  
 

   
 
  

   
 ,
(
  


 44 
 

 


  , 
)

 
 

 
 
 


 5
 

 

 

 

  ,

$ 

! 
   $  )

 
 

 

)

 
 

 


  
 
 
  

 


 ,   

  , 
)

 
 

   5

)

 




   
  5

  
  ,  
 , 
)



 

 

)

  
  4  

  
  

 

 
,  ,

% 
# 
# 44 
#  
$



" 5
& 
















$ 
/2 

  

  

 

* 
)  # 

# 
 
 
& 


)

 
 
 


 

)

 
 

 , 

 
 
 


)

 



  

   ,
 


 
  
  , 
)

 

 


)

 
 

 
 

   

  

   , 
  , 
)

 
 


 

  

) 




 

% , 
 

   ,

$ 

# 
+
!  
+
 
"  
(  
 
'   


)

 
 
 
 
  , 
)

 
 

   
 

   

)



  

 

 
, 




 , 




 
 
 

   

 



)




 

 


  4
 

,   , 
)

 
 


   

 

)

 
 

  
 




  ,   ,

! 
-


 
! 
 
(  
$  



 


 , 
(

 



   

  
 

)

 
 




% 
# , 
(

 



   

 
 




+
 
 
 

  

  
 
   , 
 

 , 


 
 
  



  

73  
   ,

% 
# 
# 44 
#  
$



" 5
& 
















$ 
/1 74

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM Charlie Pautler, Museum Director

DATE: September 12, 2016

SUBJECT: Shawnee Town 1929 Strategic Plan

BACKGROUND In 2004, the City Council approved the first strategic plan for Shawnee Town 1929. Since then, the museum has been building its physical structures and educational programs, using the Plan as its guide. Since 2012, Shawnee Town Museum Director Charlie Pautler has been working with stakeholders, staff, and volunteers to develop an updated plan that will guide the museum through building and program completion in 2025. The resulting document is the Shawnee Town 1929 Strategic Plan 2015-2025.

DISCUSSION At the Council Committee meeting on August 16, 2016, Museum Director Charlie Pautler discussed progress made over the last ten years, presented the 2015-2025 Plan and its components, and discussed what strengths and challenges to expect over the next ten years.

RECOMMENDATION The Council Committee recommended 8 to 0 that the Governing Body adopt the Shawnee Town 1929 Strategic Plan 2015-2025.

75 76 CITY OF SHAWNEE COUNCIL COMMITTEE PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Charlie Pautler, Museum Director

DATE: August 9, 2016

SUBJECT: Shawnee Town 1929 Strategic Plan

BACKGROUND In 2004, the City Council approved the 2004-2014 Shawnee Town 1929 Strategic Plan. Since then, the museum has been building its physical structures and educational programs, using the Plan as its guide. Since 2012, Shawnee Town Museum Director Charlie Pautler has been working with stakeholders, staff, and volunteers to develop an updated plan that will guide the museum through building and program completion in 2025. The resulting document is the Shawnee Town 1929 Strategic Plan 2015-2025.

DISCUSSION At the Council Committee meeting Museum Director Charlie Pautler will discuss progress made over the last ten years, the updated plan and its components, and what strengths and challenges to expect over the next ten years. Specific projects will be discussed.

The Plan was presented to the Parks and Recreation Advisory Board in February 2016, and Friends of Shawnee Town in December 2015.

FINANCIAL INFORMATION In addition to direct General Fund support, Shawnee Town is also funded through the following sources:

• Special Parks and Recreation Fund (Alcohol Tax); • Convention and Tourism Tax (Transferred to the General Fund); • Rental and other Program Fees; • Friends of Shawnee Town; • Grants; and, • Donations.

RECOMMENDATION Staff recommends the Council Committee forward the Shawnee Town 1929 Strategic Plan 2015-2025 to the Governing Body for approval. 77

Shawnee Town, 1929 Vision and Strategic Plan for the Future 2015-2025 ______

An understanding of our past enriches our lives today. Shawnee Town 1929 invites visitors to experience a typical day in and around the farm community of Shawnee, Kansas, in the 1920s through authentic and engaging exhibits, programs, events, and historical collections. ______

78

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 1 of 19

Table of Contents

Mission 1 Background 3 Physical Transformation of the Museum 4 Construction to Complete the Mission Phase I - Landscaping, Chevy Dealership, Gas Station/Firehouse 5 Phase II - West Block: Drug Store, Dry Goods Store, State Bank, and Electric Store 5 Phase III - Renovations of Trail Café and Fire House 6 Phase IV - Visitor Services 6 Phase V - Dr. Sullivan’s Residence 7 Phase VI – Farmer’s Market/Performance Area 7 Modifications from the 2004 Plan 8 The Interpretive Program 8 Living History and Staffing 9 Part-time Interpretive Staff 10 Adjustment of Duties 10 Guided Tours 10 First-Person Role-Playing 11 Technology-Based Tours 11 Special Events 12 Website 13 Social Media 13 Income, Donations, and In-Kind Support 14 Fundraising 14 The Friends of Shawnee Town 14 Parks and Recreation Staff and City Staff 15 Admission Rates 15 Accreditation 15 Coach Tourism 16 Construction Phases Estimated Costs 17 Expenditures and Revenue Forecasts 19 Summary 19

79

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 2 of 19

Background Since 2004, when the first Strategic Plan for Shawnee Town 1929 was published, the Museum has undergone a massive transformation. Over the last eleven years, Shawnee Town 1929 transitioned from Old Shawnee Town, to a vibrant and relevant museum that resonates with visitors of all ages. The original 2004 Strategic Plan set the ground work for the Museum’s future, and consisted of two main components: the physical building of the site, and a rough plan of what programs would take place there. Adopted by the Shawnee City Council in 2004, the plan was followed, as logistics, budget, fundraising, staffing, changing tourism and industry trends, and volunteer recruitment allowed. The purpose of this 2015-2025 Strategic Plan is to set the course for the next 10 years of the Museum’s development.

Beginning in 2004, Shawnee Town 1929 focused all improvements, programming and services on Shawnee’s history, using Kansas City, Missouri as the backdrop in which to place the small Kansas town into context. Since 1999, the Museum has conducted significant primary and secondary research projects to establish the foundation for historically accurate interpretation of Shawnee’s interpretation of the 1920’s. The Museum focused resources on documenting the lives of Shawnee’s residents—their daily lives, their livelihoods, social life, and community, as well as farms and business activity that is general in nature for the time period. Based on solid research, the Museum slowly transitioned from a wide range of buildings from 1855-1930 which represented Old Shawnee Town, to a more focused 1920’s farm, town, and agricultural community of the late 1920’s. Above all, the goal in 2004, remains the goal in 2015, to provide visitors with a memorable, evocative, and relevant educational and entertaining experience that keeps them coming back for more.

To review, the original strategic plan focused on moving the educational mission to interpreting the 1920’s, and 1929 specifically. Through a series of discussions, the strategic planning committee chose to focus on (and around) that year for the following reasons:  The City of Shawnee, incorporated in 1922, was a farm town supporting a cash crop economy in the surrounding rural community and served as a link to the Kansas City market. This continued until the 1940s.  The Mission Theater opened in Shawnee in 1927, showing silent movies, and, coincidentally, was owned by Shawnee’s mayor.  Jazz, sports, radio, and Prohibition all came to Shawnee in the 1920s.  In 1929, the local county paper changed ownership and began to have increased coverage of Shawnee giving a weekly glimpse of life in this community.  1929 is recognized as a significant year in the nation’s history as the beginning of the Great Depression.  The 1920’s represents a time period in metropolitan Kansas City history that no other museum interprets and provides a unique niche for programming.  The Strategic Planning Committee agreed to incorporate and link as many of the existing structures as possible in one interpretive story.

80

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 3 of 19

Physical Transformation of the Museum Since 2004, the layout and appearance has changed significantly to represent Shawnee in the 1920s, which as mentioned was a community center and farm town. Because it was the center of a rural cash crop economy, it met the needs of area farmers before suburbs and annexation changed the landscape of Johnson County and the rest of rural America after the Second World War. Farmers in Shawnee grew vegetables, flowers, and fruits, and took them to Kansas City to sell in the City Market. With the onset of the Great Depression in October, 1929, Shawnee remained a rural town, providing the day-to-day necessities for area farmers who came to town and stayed to catch up on news, visit with friends at the Dry Goods Store, Barber Shop, or on the Town Square, or in the evenings to see a movie. This story and interpretive emphasis has largely remained unchanged since the first strategic plan was adopted in 2004, but how we arrived at our program and physical plant goals was very different in reality than in concept. What has stayed the same is the central core mission of what is interpreted.

Interpretive programs and exhibits emphasize three historical themes: Shawnee’s role as a farm town supporting area farmers; the strength and resilience of community spirit in Shawnee through difficult and prosperous times; and the effects of transportation on Shawnee as a link between points to the west and the urban center of Kansas City and beyond. As these themes have been developed and have come to fruition, other opportunities have availed themselves, and challenges have also become apparent, so realistic and practical adjustments have been made to the original plan to keep the project within budget, on time, and to maximize its human resources.

In Shawnee Town 1929, three distinct zones for historical interpretation were originally planned in 2004, and represent a “Farmstead, Farm Town, and Transportation Zone.” The Farmstead was completed in 2013, and about half of the Farm Town buildings have been completed as of 2015. Within the Farm Town, businesses around the original historic town square of Shawnee were researched and buildings have been replicated or restored to more accurately reflect the mix of businesses present in Shawnee in 1929. The landscape, plants, signs, equipment, furnishings, and vehicles in and around the Town reflect what was common in Shawnee in 1929. Completed town buildings include the Grocery Store, Ice House, Undertaker Establishment, School House, City Jail, Barber Shop, and the Typewriter Repair Shop. These completed buildings in town and on the farm have all been thoroughly researched and documented in the form of in-house- produced and contracted Historic Structures reports, Interpretation Reports, and have each had furnishing plans written for them. The Farmstead and related outbuildings were the subject of the 2011 interpretation plan titled Interpretive Manual, Shawnee Town. The completed town buildings were the subject of the 2014 Interpretation Plan for The Farm Town of Shawnee Town 1929. The “Transportation Zone” referenced in the 2004 Plan is largely more of a “theme” than a “zone,” and in this 2015 plan has been incorporated into the farm and town interpretive program.

The remaining historical interpretive buildings to be built in the Farm Town are divided into work phases which vary in scale, length of time to complete, cost, and whether fundraising is needed. It should also be noted that each phase is a complete unit, that can be moved up or down in the completion timeline, because we all know outside forces such as a sudden donor windfall, the awarding of a grant, or on the other end—budget reductions—can affect the 81

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 4 of 19

project timeline. For example, if two buildings are planned for in Phase 1, and fundraising has begun, that phase might be pushed back in the timeline if a donor comes along and wants to pay for two buildings in Phase 2. Fundraising would still continue for Phase 1. The same schedule for building completion would stay in place—except the two buildings finished would be different than what was originally planned for that completion slot. This was purposely planned this way because of real-world experiences that happened during the completion of the 2004- 2014 Plan. During that period the farm was completely finished because of the efforts of a generous donor, yet other buildings in town which were slated for work were completed later.

Construction to Complete the Mission

Phase I: Landscaping, Chevy Dealership, Gas Station/Firehouse The first building phase will be one of landscaping and checking utility lines such as gas, water, and sewer. The storm creek that extends through the south side of the site (east of Town Hall) will be enclosed and covered with soil and planted with grass. At that same time the road and other areas near the current Firehouse, Trail Café, garden plot, and school house will be graded, landscaped, and drains added for proper drainage.

The next building construction phase is the Chevy Dealership and Gas Station/Firehouse (the Shawnee Fire Department kept its truck in the garage bay when not in use—and this effectively served as the City’s first Fire Station). The stone building, formerly known as the “Old Jail,” will also be getting repairs during this construction phase. The Chevy Dealership with go along the East block, south of the current Typewriter Repair Shop. The Gas/Fire Station will be the first building constructed on the West block, which will begin to replace the much dilapidated current Funeral Home, Shawnee State Bank, and Dry Goods Store. These existing 1960’s recreated buildings are deteriorated beyond repair, and even if repaired, would cost more than a new historically-accurate reconstruction. Mold growth is rampant in the State Bank, and the buildings have been closed for several years. In the back of the Dry Goods Store and Funeral Home are spaces used for artifact collection storage, interpreter changing area, and lumber and golf cart storage. When the two new buildings are erected, new storage spaces will need to be found and reconfigured elsewhere. Proper collection storage space is at a premium at the Museum. The stone building, relocated to the grounds in 1966 and effectively starting “Old Shawnee Town,” is suffering from cracks in the foundation. The stones in the foundation and walls will need to be thoroughly tuck pointed, and the roof replaced.

The estimated cost for this phase is $384,000. Most of the money will come from the Liquor Tax Fund 207.

Phase II: West Block: Drug Store, Dry Goods Store, State Bank, and Electric Store The Drug Store, Dry Goods Store, State Bank, and Electric Store will be the next phase of construction, and will be built at the same time. This will be a large project involving the construction of four frame buildings with stone and brick facades. Although the buildings will be constructed at once, they will be furnished and opened one at a time. The Electric Store will have a cased display window, but the interior will be a modern use facility. It will either be a 82

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 5 of 19

temporary classroom/activity space (until the Visitor Center is built), or will serve as collection storage.

The cost for this 4-building section is about $819,000. Most of the money will be raised from private funds.

Phase III: Renovations of Trail Café and Fire House While fundraising is going on for the four buildings in the north block, the two buildings currently known as the Trail Café and Fire House will undergo major renovations. The Trail Café was built in 1984 and currently needs considerable maintenance. The building is used primarily for a food vending area during special events and as a workroom/classroom the rest of the year. The kitchen and restroom need to be renovated and modernized, and the back utility room completely renovated. The Firehouse was built in 1985 and was made from a combination of new materials as well as historic materials for the exterior siding, windows, etc. It is in need of major work, with much of the exterior siding crumbling and falling off the building. Since the 1920’s fire station will be reinterpreted on the west block in a more authentic manner, the need for this dilapidated building to represent the early Shawnee Fire Department will no longer be applicable. The building will be taken down and the space used as a covered picnic pavilion, which will serve school children during school visits, and the general public, family reunions, and other large groups who wish to use it. It will be a site amenity that currently does not exist.

The cost for this phase is $150,000. Most of the money will come from the Liquor Tax Fund 207.

Phase IV: Visitor Services As mentioned, the last “building” phase of the strategic plan will involve visitor services and public engagement. In this realm, visitors will be better served by providing more efficient access to the Museum by moving the Museum’s entrance to the south side of the park (Johnson Drive), as opposed to its current entrance on the north side (W. 57th Street). This was discussed in the original Strategic Plan also. To say the Museum is difficult to find is an understatement, and once the historic building phase is completed, a “proper entrance” from a major metro artery street makes sense. The parking lot in Town Hall will double as the Visitor Center parking lot, and could possibly be expanded to the west if the need is there.

The Visitor Center (VC) will serve a variety of functions for both the visitors and the infrastructure of the Museum, as well as provide added sustainability to the Museum’s fiscal operations. The current VC located on W. 57th was built in the 1970’s and originally served as a souvenir and craft shop. Called “The Trading Post,” it has been retrofitted several times over the last 40 years to provide various functions, which are: visitor services desk, gift shop, public restroom (single), one-room Museum exhibit, staff offices (for 8), and special artifact collection storage. Once the town is completed, the building will be retrofitted to be used solely for much needed collections storage. Most retrofitting will be in the form of removing partition walls, and adding shelving and light-blocking shades.

83

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 6 of 19

The new VC will serve to welcome and orient visitors at a front desk/check-in area. It will have a large Museum store available where mission-based memorabilia, souvenirs, wearing apparel, books, movies, and other related items are available. Other metro area museums have had great success marketing their regional and mission-specific items for sale, and Shawnee Town would be no different. This could increase revenue by as much as twenty percent. Two modern accessible restrooms would be available with a baby-changing station in each one. A classroom with a modern sink would be available for a variety of programs and classes, and could function year-round, functioning as a meeting space, classroom, work room, library, reading room, and small program space. Staff offices would be moved out of the old VC and would be provided for in the new one, and would be designed with a central meeting space as well as work area for volunteers who help with research and program projects. Finally, there would be a space large enough for a comprehensive exhibit on the history of Shawnee, with a “permanent” (20 year) exhibit and other space allotted to feature new acquisitions and/or small traveling exhibits. The exhibit and welcome station serve as an orientation to the site, and further deepen the visitor’s site experience.

The cost for this phase is approximately $885,000. Most of the money will be raised from private funds.

Phase V: Dr. Sullivan’s Residence After the completion of the north block, the last historical building to be completed will be the recreation of Dr. Sullivan’s Residence, between the West block and the Farmstead. It will consist of a 1900-era frame house which will be complete with town amenities such as running water, indoor toilet, and telephone. Programmatically, this town residence will be in stark contrast to the simple farmstead house which was built in 1877 and had no modern amenities. Visitors will be able to compare and contrast the two lifestyles of town and country.

The cost for this phase is approximately $156,000. Most of the money will come from the Liquor Tax Fund 207.

Phase VI: Farmer’s Market/Performance Area Another key aspect of the visitor experience has to do with civic engagement, and public interaction, in a way that brings people to us, but not necessarily for a “museum or mission- based” experience. Museums across the country learned about civic engagement in the early 2000’s when budget cuts to federal, state, and local governments trickled down to the museums they supported, and many institutions were severely cut or closed altogether. Gone were the days of “build it and they will come”. People needed more than interesting historical programs to capture their time and attention. Museums needed to make themselves available and get connected to a new audience—people who would not ordinarily come for traditional programs. The good news is that Shawnee Town has been doing this since the day it was created in 1966 by way of Old Shawnee Days, and later through added events such as Historical Hauntings, Christmas Around Town, and the Craft Fair. These are all premier examples of the community using the Museum as a gathering place where they can have fun, catch up, make new friends, and do it in a safe and family-friendly place. While there, they can discover the educational and cultural aspects of the program. Over the years, we have added many mission-based aspects to 84

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 7 of 19

these popular events to keep that expanding segment of our audience coming back. Museums that only focus on mission-based programs that appeal to a narrow audience have largely outlived their usefulness and went away during the 2008-2010 budget cut era, because they were no longer seen as relevant.

What has been discussed, is to expand this civically-engaged aspect of Shawnee Town in the form of the Shawnee farmer’s market. The market would be a pavilion-covered space for vendors and their customers to be protected during inclement weather. A performance space, located on the west side of Town Hall, would be available for the Old Shawnee Days committee to use for the event and for the main-stage performers. This space could also be used for various other concerts throughout the year, either for the Parks Department “Concert In The Park” program, and Shawnee Town’s “Jammin’ On The Green” 1920’s concerts. It could be used for other musical and theatrical performances as well, both museum and non-museum related.

The cost for this phase is approximately $370,000. The money will come from both Liquor Tax Fund 207 and privately-raised funds.

The herb and flower garden plots have added much beauty to the Museum grounds the past 10 years, and continue to do so. They are completely maintained by the Johnson County Master Gardener volunteers and require no Museum staff time. It is planned to continue these plots and our good relationship with the Johnson County Master Gardeners during the next 10 years.

Modifications from the 2004 – 2014 Strategic Plan In 2004 a plan was mentioned in the Strategic Plan to reconstruct a partial segment of the Interurban Trolley Line, which connected Merriam, Shawnee, and Kansas City, Missouri, a line which ceased operation to Shawnee in 1929. The 2015 – 2025 Plan includes a suspension of that part of the plan, and focuses efforts on the other historic structures to get them built in a timely manner, and get the site finished. As the site nears completion, our attention, energy, and resources need to be focused on creating a strong Visitor Services area. At the time it was proposed (in 2004), the total cost to research the project, build the trolley line, build or restore a trolley car, and install a railroad platform was estimated to be $506,300. With further research, it is apparent that it is not economically feasible to build an exhibit on a subject that went away in 1929, and by the time the historic buildings and Visitor Services are completed, there will be little physical space left for such an operation. However, after these other projects are completed, the Interurban Trolley Line initiative can be revisited.

The Interpretive Program For the past 10 years Shawnee Town 1929 has been using the 2004 Strategic Plan as a guide, and modifying it as the programs and funding make it necessary. The interpretive program has been progressing at a steady rate and comes in many forms. Although the emphasis in the old plan was on living history, the Museum uses (and will continue to use) many other interpretive mediums to deliver its content to our audiences. Audiences have changed significantly since the 2004 plan. For one, people are much more sedentary than 10 years ago because of so many entertainment options at home including instant downloadable movies and games, and added cable and satellite channels. This trend is starting to change, as the ill health effects are being seen widespread, and now there are campaigns to get people outside their homes and moving. 85

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 8 of 19

For another, there are more cultural events going on in the community, and more cultural and entertainment facilities, so visitors have to carefully choose how they will spend their precious leisure time. Ten years ago there might be 10 interesting things to do in the community on a Saturday, today there are easily twice that many. The intent with this strategic plan is to describe the different audiences and programs that have been successful at Shawnee Town 1929 since the last plan, and what the interpretive program will look like during the next 10 years.

Living History and Staffing The concept of living history came about in the 1890’s at Skansen, a recreated village and agricultural site near Stockholm, Sweden, which showed what Swedish life was like before the Industrial Revolution. This site and concept became hugely popular and successful, and similar museums followed suit in the United States beginning in the 1920’s, including Colonial Williamsburg, Old Sturbridge Village, and Plymouth Plantation. The Midwest also developed its share of popular living history sites including Conner Prairie near Indianapolis, Living History Farms in Des Moines, and Historic Fort Snelling in St. Paul. Sites in the Kansas City metro that have used living history as an interpretive medium include Mahaffie Stagecoach Stop and Farm in Olathe, Missouri Town near Lee’s Summit, and Fort Osage near Sibley, Missouri. Shawnee Town 1929 has been using living history to teach visitors about the past at various times over the years, with a special refocus on the program starting in 2011.

In 2004, the Shawnee Town 1929 Strategic Plan called for using living history as an interpretive method in select areas, citing volunteers as the labor source.

“The one volunteer role considered to be the most critical to the success of the Strategic Plan is providing human contact and a sense of activity…Trained demonstrators or interpreters would be stationed throughout the Farmstead and Farm Town demonstrating daily chores, gender roles, seasonal activities, and answering questions for the vision (Strategic Plan) to be realized. Ideally, key points in the visitor’s tour would be manned everyday (sic), especially the farmstead and Dry Goods Store.” (Shawnee Town Strategic Plan 2004-2014 p.28)

What has been learned from experience at Shawnee Town (and throughout museums across the country) is that recruiting and retaining volunteers to handle the bulk of the interpretive program—and do the primary heavy-lifting, especially for a medium as labor intensive as living history--is not a realistic or sustainable solution. It was easier 20-25 years ago but not so in 2015, because of a variety of reasons: 1) people who 25 years ago would have retired at age 60- 65 are working longer because of the unstable and poor economic times witnessed since the late 1990’s, 2) people who are retired have many more volunteer “options” than they did then, from arts organizations to hospitals; from animal shelters to pre-schools, and 3) living history volunteer retention is difficult when it’s 90 degrees outside and the Museum is having a light visitation day. Volunteers have the “freedom” to not show up, which debilitates the Museum when it is relying on them to conduct the daily program. This is a key problem when the Museum has 80 third graders who are scheduled to show up in 45 minutes, and then staff receives a call from a volunteer stating they won’t make it in that day. To build an interpretive

86

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 9 of 19

program based almost solely on volunteers to deliver quality daily programs is unrealistic, and unsustainable.

The solution is a combination of two things. The first is a slow introduction of part-time paid staff into the educational side of the institution as well as readjusting current duties of current staff. The second part is to utilize other interpretive mediums to deliver (or help deliver) our programs.

Part-time Interpretive Staff The Museum currently has one part-time Museum Interpreter position. It is desired to gradually bring that number to four. Eventually having four staff to conduct the interpretive work on a seasonal basis, along with volunteers to help them, would enable the Museum to offer more substantial living history program offerings. It would move the Museum light-years ahead of a program that depends almost solely on volunteers. All other viable living history programs in the country, that were used as inspiration for the Shawnee Town planners back in 2004--used part-and full-time staff to conduct their programs. Shawnee Town 1929 needs to follow this model over the next ten years because it will ensure high program goals are met.

Adjustment of Duties Over time, the Curator of Education position would also be adjusted to work more directly with the program staff (the four Museum Interpreters, Museum Director, and volunteers) by becoming more familiar with the work tasks and activities of living history interpretation. This person will be expected to have a strong background in living history programing and will have the ability to train new interpretive staff and volunteers on the duties they will be performing, such as cooking on a woodstove, canning, washing, sewing, planting, harvesting, light animal husbandry, interpretive techniques, how to interpret to school children, historical clothing, and the history of Shawnee and the surrounding areas. The Curator of Education will be the point person on staff for these skills. Each Museum Interpreter will then conduct the programs, with and without the Curator. The Museum Director will also assist in the training and demonstrating of 1920’s lifeways when needed. The living history program hours will be expanded as staffing (both paid and volunteer) becomes available to offer such programs.

Volunteers will still play a vital role in the living history program, but will no longer be expected to be the sole source of program support. They will work alongside the Museum Interpreters, Curator of Education, and Director, and until the four interpreters can be hired--will still be needed to conduct a good portion of the living history programs. To lessen this dependency, other programs are also available that don’t use living history to deliver the interpretive message. Volunteers are still needed in all areas of our public programming and behind-the-scenes areas of the Museum, and are appreciated, and are essential to the continued success of the institution.

Guided Tours Up to this point in the Museum’s history, most tours offered to the public outside the realm of living history have been self-guided, meaning visitors go through the Museum at their own pace—without a guide. This is fine and we will always continue to offer this option, but seeing the historical buildings interiors and exteriors without much interpretive information (having just a map or a basic brochure) offers little in the way of drawing relevance from and understanding 87

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 10 of 19

the past. Staff met in 2015 to specifically address tour logistics, what has been done up until then, what should be done to move forward, impacts to financial and human resources, and ultimately what the program should look like in 10 years. The consensus was to move the “guided tour” program forward in a way that catches up to our physical growth and the other parts of our interpretive programs, and one that complements current staffing levels and meets growing visitor needs.

Tours of the town will continue to be self-guided and a specially-designed brochure will supplement the tour. For the farmstead, guided interpretive tours will be offered March 1 – October 31, at the top of the hour from 10 a.m. to 3 p.m. They will be 1 hour in duration. The front desk staff orients the visitor, and all tours will meet and leave from the gazebo. This will be published in all print and online material and will begin March 1, 2016. Staff will monitor this program and chart progress. If things need to be changed/edited, they will do so. One guide will be needed per hour, and during the non-summer season will consist of paid staff, including the Museum Director, Curator of Education, Curator of Collections, Curatorial Assistant, Front Desk staff, Office and Facilities Coordinator, Volunteer Coordinator, as well as volunteers. During the summer season it will consist of the Museum Interpreter(s) and volunteers, augmented when needed by the Curator of Education and Museum Director. It will potentially be easier to recruit volunteers for this type of tour over recruiting living history interpreters. Guided tour training will be conducted during the winter each year.

In addition, the Museum will offer hourly tours on Saturdays of the site, but move the living history emphasis and programs to days that will be better attended, including Tuesday and Thursday days, and Wednesday evenings. Staff agree the Museum will be able to attract more families, as well as be more successful at getting volunteers to sign up to help the Museum Interpreter staff the programs.

A new brochure will be designed to be used during both guided and self-tours, which visitors can pick up and use for reference. As time progresses, this brochure can have web-based elements which further augment the visitor experience.

First-Person Role Playing For special events, first-person interpretation (where a living history character portrays an actual person from the past--who relates a specific experience or event) can be used for more dramatic effect. Specific events can be reenacted, such as a historic trial, with visitors acting as a jury. A 1929 political boss could make a speech. A famous Kansas aviatrix could make a personal appearance and tell visitors about her journeys. The possibilities are endless, and this type of special living history interpretation will be used over the next ten years to reach a wider and more diverse audience. Opportunities like this can also create unique partnerships with outside organizations, storytellers, drama departments in schools, and community theater organizations.

Technology-based Tours There are other interpretive tools which can be meaningful to visitors, yet less demanding on staff resources. These other forms of delivering the educational message can be used instead of a guided tour or living history experience, or in addition to such a program. These include digital brochures, QR codes (which take visitors to a mobile website), cell phone tours, iPod tours, and 88

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 11 of 19

triggered recorded narrations set to holograms. Sound weird? All of these mediums, whether simple or hair-brained, can be funded through grants, donors, or our Friends of Shawnee Town group. The Museum has compiled much substantive research data on Shawnee in the 1920’s, including oral histories, which can be used to develop a comprehensive and evocative visitor experience. Staff is currently looking into using one or more of these technologies to further complement our interpretive programs. IPod tours can combine the original recorded voices of actual participants with lively narration, and can feature fast-forward ability so visitors can regulate the depth (and length) of their interpretive experience.

Special Events Since the Museum was created, Shawnee Town has engaged the public with entertaining and family-oriented special events. Since 2004, a special emphasis has been spent on making sure program offerings have a 1920’s focus. In 2014, job duties were shifted to better enable staff to perform their duties in a more efficient manner, and the Curator of Education was designated event planner for all mission-based events, and the Facilities Coordinator was designated event planner for all community-based (non mission) events. This reorganization has worked out quite well.

The mission-based events are part of the interpretive program and have evolved (and continue to evolve) over time. Mission-based events have a lifespan, and after they have been done and tweaked a number of years, others are designed to replace them. What may be a popular event in 2016 may no longer be exciting in 2020, so the Museum staff design a new event. The goal is to have return customers and attract new ones. With staff help, the Curator of Education designs and implements these events, which in 2015 include: classes of all kinds, Jammin’ On The Green concert series, Hair Bobbing, Game Night For Families, Ladies Catalogue Shopping, Shave and A Haircut program, Speaker Series lectures, Speakeasies, Dinner On The Farm, Home School Days, and historical elements added to Old Shawnee Days, Christmas Around Town, and Historical Hauntings. These mission-based events take everyone on staff and a large amount of paid and free advertising to be successful.

The community-based events are part of the museum’s civic engagement with the community, and include hosted, sponsored, in-house events, and off-site outreach. These include Old Shawnee Days, Christmas Around Town, Historical Hauntings, Barbeque Contest, Craft Fair, Tomato Roll, Bloody Mary Party Fundraiser, Cycle Cross, Relay for Life, Oktoberfest, Shawnee Chamber Business Expo, and What’s Going On In Your Neighborhood. Like the mission-based ones, these community-based events and outreach takes everyone on staff and a large amount of paid and free advertising and marketing to make them happen and be successful. They also utilize resources in the forms of community partners and Department of Parks and Recreation staff. As of 2015, the special events, whether community or mission-based, accounted for over 95% of the Museum’s yearly attendance. A history of attendance is below:

89

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 12 of 19

Year Overall Attendance School Programs Mission Based Programs 2005 126,372 1,823 496 2006 144,174 1,927 400 2007 149,120 1,489 692 2008 146,856 1,349 553 2009 153,193 2,051 753 2010 146,361 1,896 640 2011 137,311 1,547 675 2012 140,178 1,127 567 2013* 136,026 1,133 952 2014 143,763 1,269 1,225 2015 145,076 2,322 1,632

*The Farmstead had its grand opening in May 2013, programming for it started in the fall of 2013.

Website Although Shawnee Town 1929 is part of the City of Shawnee Parks and Recreation Department, it maintains its own independent website (with the help of the City’s Information Technology Department and Graphic and Media Specialist). The Museum’s website contains information important to teachers, visitors, students, and scholars, and serves a wide and diverse audience. Established and designed in 2006, the website is now outdated and needs a complete overhaul. Diagnostics were run on the website by an independent consultant in 2015 and all agreed that it quite adequately served an audience well when it was created, but since then social media and smart phones have been invented, which completely changed the digital landscape and the way customers want to receive their information. It is desired that the website be changed to answer modern visitor needs, and also that a mobile website be created. Both websites will have components that can be integrated into the interpretive program, such as web-based tours, oral history access, and other easily accessible educational components. The project will be part of the City’s overall website redesign project.

Social Media Social media is a way Shawnee Town advertises its educational programs and events, and builds new audiences. With the advent of Myspace in 2003-2004, young and middle-aged adults found a new way to network and share information. The age of social media was born, and Myspace ruled the Internet. Museums across the world were slow to jump on this phenomena, as the true value of social media was not to be seen for a few more years. By 2009, Facebook had surpassed Myspace and was starting to become a regular part of our communication culture. Museums were seeing the value, and were now advertising events and activities to their followers. Shawnee Town was able to create a Facebook page in 2012 and it has paid rich dividends ever since. Currently, the Museum uses Facebook, Twitter, and Instagram to share its information and reach new audiences, and the three sites are maintained by the Facilities Coordinator with help from the Curator of Collections. As the Museum grows both in facility and programs, it will be critical to disseminate our progress to the public, and these various sites (and those that become the “norm” in the future) are the best and most affordable way to do this, 90

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 13 of 19

especially among the younger audience. Staffing needs will be monitored and possibly augmented to keep up with the workflow needed for such media. As an educational institution, we must follow the way people choose to receive information, and social media is the way this is largely done today.

Income, Donations and In-Kind Support Shawnee Town 1929 generates two main revenue streams (from facility rentals and admissions/sales), which go back to the City General Fund. Both sources of earned revenue have steadily increased since the last strategic plan, and continue to grow each year. This is due mostly to much more attention to in-house-generated publicity and marketing, using modern social media to help with the publicity and marketing, and offering a much wider and more relevant variety of mission-based and community programs. In 2015, total revenue generated by Shawnee Town was $123,198. Rentals made up the largest share of revenue at $104,845 or 85%. On the program side, the Museum brought in $18,353, or 15%. In 2005, total earned income was $86,866, with rentals accounting for 92% of the earnings and programs 8%.

What is not captured in these earned revenue figures are in-kind donations and monetary sponsorships for various City-run events. Examples of in-kind donations include businesses who provide candy and staff (to give out the candy) during Historical Hauntings. The Museum has dozens of local businesses who participate in this event, and this amounts to over $1,000 in in- kind donations just for that one evening. An example of monetary sponsorships would be the various businesses who underwrite some or all of the costs for certain special events and programs, such as a local bank paying $500 towards the Museum bringing in reindeer for the Christmas Around Town event. Other businesses would chip in for this, so the Museum does not have to incur the cost. The businesses are then thanked and listed in all publicity associated with the event.

Fund-Raising In addition to in-kind donations and sponsorships, Shawnee Town 1929 also conducts fundraising for building projects and special projects and events. Each year the Museum receives approximately $10,000 in awarded grants from various organizations. Past granting organizations include the Johnson County Heritage Trust Fund, Kansas Humanities Foundation, Freedoms Frontier National Heritage Area, Walmart, and others.

Large capital projects require significant fundraising, and these have been successful in the past, and will be sought in the future. The campaign to finish the farmstead successfully raised $500,000 in 2011, and the funding was provided by the Ron Deffenbaugh Foundation. Similar fund raising campaigns will be conducted to construct the four buildings on the North Block, Visitor Center, and Farmers Market.

The Friends of Shawnee Town Shawnee Town's founding organization, the Shawnee Historical Society was a non-profit membership organization, incorporated in the state of Kansas on March 30, 1966, to develop and maintain Old Shawnee Town. By the time the City became responsible for the management of the Museum in 1997, the Shawnee Historical Society’s activities and membership had shrunk considerably, due mostly to the age of the organization’s members. In 2004, the Shawnee 91

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 14 of 19

Historical Society became the Friends of Shawnee Town (FOST) which had their own 501c3 non-profit organization status. Reinvigorated by the new strategic plan in 2004, the FOST membership grew, and since 2006 they have conducted several fund raising events per year that are designed to educate, entertain, raise awareness, and raise money for the Museum. The FOST is a membership organization that is led by a 9 member volunteer board of directors, made up of local citizens who are active in the local community and who care about Shawnee history and culture. The FOST have raised enough money to pay for all the artifacts needed for all historic building reconstructions since 2009. It has been the practice that the City of Shawnee pays for the buildings, and the FOST pays for the contents within the buildings, which becomes City property and part of the Museum’s permanent artifact collection. Today, the Friends of Shawnee Town is a thriving organization that helps the Museum in considerable ways, including fundraising, advocacy, and maintaining a high profile within the community.

Parks and Recreation Staff and City Staff The Parks and Recreation Department and City of Shawnee greatly supports Shawnee Town 1929. As part of the Shawnee Parks and Recreation Department, the Museum has access to and support from Parks Maintenance division, who sets up the tents, tables, chairs, electrical, trash, recycling, etc., for the major special events. Additionally, expertise and guidance is provided by the Parks Director, Parks Maintenance Manager, and the City Engineer’s office on all construction projects. The City provides support and expertise in engineering, planning, information technology, finance, publicity, ad design, marketing, and many other areas, which come from other sources of funding. This is formally recognized, and appreciated. In return, the City comes to Museum staff for expertise on all things historical, and we have cooperated on many projects the past several years. Shawnee Town 1929 is present at all City functions and participates fully as a partner in all City initiatives. This relationship with the City of Shawnee will continue over the next 10 years.

Admission Rates Visitors perceive value to a program when there is a price for it. Free programs are often seen to not carry the same value as ones that cost. As odd as that may sound, it is human nature, yet Shawnee Town is in the education business, and keeps admission prices at an extremely affordable level. The Museum has maintained the same admission rates since 2009, and even at that time only one rate was changed. Currently, the admission rates are as follows: Adults $3, Children $1 (free under age 5), School Group Program $2.50

In 2017 it is proposed that the children’s rate be raised to $2 and the school rate be raised to $3. For school programs, special curriculum-based programs are given and the programs are markedly different than all other programs because they are designed to meet Missouri and Kansas graduation standards.

Accreditation The staff of Shawnee Town 1929 identify accreditation by the American Alliance of Museums (AAM) as an objective for the Strategic Plan, but the Museum needs to be substantially completed for this to happen. Staff recognize the benefits of accreditation and see the accreditation requirements as appropriate benchmark tools for setting a standard of professionalism as we work to achieve the various aspects of the Strategic Plan. Accreditation 92

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 15 of 19

by AAM will provide recognition within the museum field by professional peers, and can also serve as a point of promotion/sales tool to focus attention within the community on the Museum’s meeting a level of professional operation.

Coach Tourism A large area for visitor growth potential at Shawnee Town is in the group tour or “Coach Tour” market. With the plans for the next 10 years, the Museum is developing a physical plant that will eventually have everything a coach tour market is looking for: plenty of parking space for tour buses, level ground (on which seniors can walk), diverse and interesting buildings and programs, outdoor eating facility, and accessible modern restrooms. This will happen once the visitor center and picnic pavilion are built, but until then, potential business can still be recruited from this market.

The Museum Director and the Executive Director of Visit Shawnee both strongly believe in coach tourism, and both regularly attend group tour conferences in an effort to get the Museum’s name out there. As our population ages, research shows seniors are wanting to be active, and take day or overnight trips to explore their culture and heritage. The Visit Shawnee Executive Director is willing to help the Museum put together package tours which include other area attractions as well as a meal at the Museum, which provides a full day’s worth of activities. This model works at other museums, and has great potential at Shawnee Town.

93

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 16 of 19

Estimated Costs

PHASE I: Landscaping, Utility Lines, Gas Station, and Chevy Dealership AREA Estimated Costs 1. Relocated water, electrical, sewer $ 20,000 2. Remove West Block bldgs. (material disposal) 2,500 3. Relocate Collections 1,500 4. Design/Engineering/Hist. Architect 2 Bldgs 40,000 5. 1929 Chevrolet Dealership* 120,000 6. 1929 Garage w/Fire Station* 120,000 7. Tuck point stone building, replace roof 80,000 *cost is estimated at $150/sq. ft. PHASE I TOTAL COST ESTIMATE: $ 384,000

PHASE II: West Block: State Bank, and Dry Goods, Drug, Electric Store AREA Estimated Cost 1. Research for 4 buildings $ 24,000 2. Landscape/Utility Adjustment 15,000 3. Design/Engineering/Hist. Architect 4 Bldgs 80,000 4. State Bank* 175,000 5. Drug Store* 175,000 6. Electric Store* 175,000 7. Dry Goods Store* 175,000 *cost is estimated at $150/sq. ft. PHASE II TOTAL COST ESTIMATE: $ 819,000

PHASE III: Trail Café and Picnic Pavilion AREA Estimated Cost 1. Update/Remodel Trail Cafe $ 100,000 2. Remove Old Fire Station/rework concrete pad 10,000 3. Picnic Pavilion 40,000 PHASE III TOTAL COST ESTIMATE: $ 150,000

PHASE IV: Shawnee Town Visitor Center AREA Estimated Cost 1. Design/Engineering/Architect Visitor Center $ 50,000 2. Build and furnish Visitor Center 800,000 3. Improve Collections Storage in Trading Post 35,000 PHASE IV TOTAL COST ESTIMATE: $ 885,000

94

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 17 of 19

PHASE V: Dr. Sullivan’s House AREA Estimated Cost 1. Research for 1 building $ 6,000 2. Design/Engineering/Hist. Architect 20,000 2. Build Dr. Sullivan’s House* 130,000 *cost is estimated at $150/sq. ft. PHASE V TOTAL COST ESTIMATE: $ 156,000

PHASE VI: Farmer’s Market/Performance Area AREA Estimated Cost 1. Design/Engineering/Architect $ 30,000 2. Build Pavilion 140,000 2. Build Performance Stage w/Roof 200,000 PHASE V TOTAL COST ESTIMATE: 370,000

TOTAL IMPROVEMENT COSTS: $ 2,764,000

95

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 18 of 19

Expenditure and Revenue Forecast

SHAWNEE TOWN 1929

BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET ACCT. # CLASSIFICATION 2017R 2018 2019 2020 2021 2022 2023 2024 2025 2026 OPERATIONS AND MAINTENANCE EXPENDITURES Shawnee Town 1929 773,800 789,276 819,062 835,443 866,152 883,475 901,144 919,167 937,550 956,301 Total Expenditures 773,800 789,276 819,062 835,443 866,152 883,475 901,144 919,167 937,550 956,301

REVENUE 43052 Hotel Occupancy Tax 254,000 259,800 265,700 271,700 277,900 284,300 290,900 297,700 304,700 312,000 43371 Shawnee Town Rental 111,100 112,200 113,300 114,400 115,500 116,700 117,900 119,100 120,300 121,500 43395 Shawnee Town Historical Programs 5,700 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500 6,600 43396 Shawnee Town Tours 8,400 8,500 8,600 8,700 8,800 8,900 9,000 9,100 9,200 9,300 43397 Farmer's Market 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 1,600 43398 Shawnee Town Mdse. Sales 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 2,900 Subtotal Revenues 383,700 390,800 398,000 405,300 412,800 420,600 428,600 436,800 445,200 453,900

General Fund Support 390,100 398,476 421,062 430,143 453,352 462,875 472,544 482,367 492,350 502,401 Total Revenues 773,800 789,276 819,062 835,443 866,152 883,475 901,144 919,167 937,550 956,301 CAPITAL INVESTMENT STRATEGIC PLAN Project Fund Balance Beginning 251,830 168,722 66,014 (30,594) 139,098 563,598 10,698 348,698 536,799 EXPENDITURES Strategic Plan - Phase 1 384,000 Strategic Plan - Phase 2 410,000 410,000 Strategic Plan - Phase 3 150,000 Strategic Plan - Phase 4 885,000 Strategic Plan - Phase 5 156,000 Strategic Plan - Phase 6 370,000 Total Expenditures - 384,000 410,000 410,000 150,000 - 885,000 - 156,000 370,000 REVENUES Special Alcohol Tax Revenue 251,830 200,892 207,292 213,392 219,692 324,500 332,100 338,000 344,101 351,101 Donations 100,000 100,000 100,000 100,000 100,000 Total Revenues $ 251,830 $ 300,892 $ 307,292 $ 313,392 $ 319,692 $ 424,500 $ 332,100 $ 338,000 $ 344,101 $ 351,101

REVENUES OVER EXPENDITURES $ 251,830 $ (83,108) $ (102,708) $ (96,608) $ 169,692 $ 424,500 $ (552,900) $ 338,000 $ 188,101 $ (18,899) Project Fund Balance Ending $ 168,722 $ 66,014 $ (30,594) $ 139,098 $ 563,598 $ 10,698 $ 348,698 $ 536,799 $ 517,900

Summary The next ten years will be a period of physical and program growth for Shawnee Town 1929, and the site will be essentially completed by 2025. The first strategic plan guided the Museum from 2004-2014, and this plan will guide it to completion. This next phase will be done as the first one was—as a community effort with the help of the City of Shawnee, Department of Parks and Recreation, the Friends of Shawnee Town, Visit Shawnee, Shawnee Chamber of Commerce, educators, and scores of volunteers in and outside the community.

To continue to be relevant and useful to the citizens of Shawnee, Johnson County, and the Kansas City metro area is the goal for the next ten years, and will ensure our permanence in the Museum and education community. Dedication, hard work, relationship building, and technology will get us there. Together we will enrich our visitor’s lives by creating understanding and connectivity to our shared past.

96

Shawnee Town 1929 Strategic Plan; prepared by Charles D. Pautler; 8/11/2016; page 19 of 19

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Joe Serrano, Bond Counsel

DATE: September 12, 2016

SUBJECT: Consider an Ordinance Authorizing and Approving Certain Public Improvements and a Resolution Authorizing and Approving Certain Public Building Improvements

BACKGROUND The City has plans to design and construct the following stormwater drainage improvements and street improvements (the “Stormwater and Street Improvements”):

 Nieman Road Corridor (Middle). Improvements include removal of two homes, removal of two commercial buildings, installation of approximately 190 linear feet of concrete lined channel, five reinforced concrete boxes under Nieman Road and channel improvement transitions, vertical walls east of Nieman and realignment of Roger Road, including purchase of five properties, and all related appurtenances;

 6200 Block of Nieman. Improvements include replacement of box culverts with a CON/SPAN, installation of vertical walls, relocation of sanitary sewers and reconstruction of the undermined retaining wall adjacent to commercial enterprises and all related appurtenances;

 Nieman Road Corridor (North). Improvements include removal of one home, installation of approximately 1,100 linear feet of concrete lined channel, four reinforced concrete boxes under Flint Street and channel transition improvements at channel tie-in points near both Flint Street and Nieman Road and all related appurtenances; and

 Nieman Road Street Improvements. Improvements include relocating the right of way by narrowing the cross-section of Nieman Road to three lanes and increasing the green space behind the curbs to accommodate pedestrians and bicycles, installation of streetscape components, mill and overlay, replacement of deteriorated curb and sidewalk, pavement markings, updating streetlights, storm drainage facilities and all related appurtenances. 97 4830-8600-8888.1

TO: Carol Gonzales, City Manager FROM: Joe Serrano, Bond Counsel DATE: September 12, 2016 SUBJECT: Public Stormwater and Street Improvements and Public Building Improvements PAGE: 2

In addition, the City has plans to design, construct and equip the following public building improvements (the “Public Building Improvements”):

 Fire Station No. 74 in the City, including the acquisition of land, construction of an approximately 6,000 square foot fire station in the northwest quadrant of the City and all related appurtenances; and

 The acquisition of a fire engine apparatus and all related appurtenances.

DISCUSSION The attached Ordinance for the Stormwater and Street Improvements and the attached Resolution for the Public Building Improvements are necessary to allow the City to reimburse itself through general obligation bonds for all or part of the costs of these projects.

FINANCIAL INFORMATION There are no direct financial implications to this Ordinance or this Resolution. An Ordinance and Resolution authorizing the Bonds will be presented at the time of each bond issuance process related to these projects. Staff anticipates the option of issuing temporary notes for financing the costs of the acquisition of the firefighting equipment depending on market conditions.

RECOMMENDATION Staff recommends the Governing Body:

a) pass the Ordinance authorizing and approving certain public improvements; and b) adopt the Resolution authorizing and approving certain public improvements.

98 4830-8600-8888.1 CITY OF SHAWNEE

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SHAWNEE, KANSAS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS TO PAY THE COST OF CERTAIN PUBLIC IMPROVEMENTS PURSUANT TO CHARTER ORDINANCE NO. 43 OF THE CITY

WHEREAS, the City of Shawnee, Kansas (the “City”), is authorized pursuant to Article XII, Section 5 of the Constitution of the State of Kansas and Charter Ordinance No. 43 of the City passed on April 9, 2013, to issue general obligation bonds of the City for the purpose of paying for any street, trafficway, sidewalk, trail, storm water control, curbs, gutters, bridge, viaduct, public building, off street parking facility, public park, golf course, recreation facility or for the acquiring of land for any of the aforesaid purposes, either within or without the City, or for the purpose of acquiring, improving or extending electric or electronic traffic control system, fiber optic cable system, or the improvement, repair, extension of any water works, sewage disposal plants, storm sewer, drainage improvement or public utility, or for the purpose of rebuilding, repairing, adding to or extending the same from time to time as the necessity of the City may require; and

WHEREAS, the Governing Body of the City has determined that it is desirable and necessary to make the following public improvements (collectively, the “Improvements”):

Nieman Road Corridor (Middle). Improvements include removal of two homes, removal of two commercial buildings, installation of approximately 190 linear feet of concrete lined channel, five reinforced concrete boxes under Nieman Road and channel improvement transitions, vertical walls east of Nieman and realignment of Roger Road, including purchase of five properties, and all related appurtenances at total estimated cost of $9,761,000, of which $3,513,000 will be financed with general obligation bonds;

6200 Block of Nieman. Improvements include replacement of box culverts with a CON/SPAN, installation of vertical walls, relocation of sanitary sewers and reconstruction of the undermined retaining wall adjacent to commercial enterprises and all related appurtenances at a total estimated cost of $6,480,000, of which $3,050,850 will be financed with general obligation bonds;

Nieman Road Corridor (North). Improvements include removal of one home, installation of approximately 1,100 linear feet of concrete lined channel, four reinforced concrete boxes under Flint Street and channel transition improvements at channel tie-in points near both Flint Street and Nieman Road and all related appurtenances at a total estimated cost of $3,053,000, of which $990,000 will be financed with general obligation bonds; and 99 ORDINANCE NO. ____ PAGE 1 4811-9915-9096.1 Nieman Road Street Improvements. Improvements include relocating the right of way by narrowing the cross-section of Nieman Road to three lanes and increasing the green space behind the curbs to accommodate pedestrians and bicycles, installation of streetscape components, mill and overlay, replacement of deteriorated curb and sidewalk, pavement markings, updating streetlights, storm drainage facilities and all related appurtenances at a total estimated cost of $6,825,000, of which $3,825,000 will be financed with general obligation bonds; and

WHEREAS, the Improvements are, or upon completion will be, owned, operated and maintained by the City, and the Governing Body of the City finds it desirable and in the best interests of the City to finance a portion of the costs of the Improvements in the amount of $11,378,850 with the proceeds of general obligation bonds issued under Charter Ordinance No. 43 of the City with the balance of the costs of the Improvements paid from available funds of the City;

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

SECTION 1. In accordance with Charter Ordinance No. 43 of the City, the Governing Body hereby authorizes the design and construction of the Improvements at a total estimated cost of $26,119,000; general obligation bonds of the City in an amount not to exceed $11,378,850 are authorized to be issued to pay a portion of the costs thereof, with the balance to be paid from other available funds of the City. Temporary notes may be issued from time to time to pay for the interim financing for all or any portion of the Improvements to be financed by general obligation bonds until such bonds are issued.

SECTION 2. The City expects to incur expenses in connection with the Improvements prior to the issuance of general obligation bonds. The City reasonably expects to reimburse all expenditures in connection with the Improvements from the proceeds of the general obligation bonds. This declaration is a declaration of official intent of the City. The maximum principal amount of debt expected to be issued for the Improvements is estimated to be $11,378,850.

SECTION 3. This Ordinance shall be in full force and effect after its passage by the Governing Body of the City and publication one time in the official City newspaper.

[Remainder of Page Intentionally Left Blank]

100 ORDINANCE NO. ____ PAGE 2 4811-9915-9096.1 PASSED by the Governing Body this 12th day of September, 2016.

APPROVED AND SIGNED by the Mayor this 12th day of September, 2016.

CITY OF SHAWNEE, KANSAS

By: Michelle Distler, Mayor {Seal}

ATTEST:

By: Stephen Powell, City Clerk

APPROVED AS TO FORM:

By: Ellis Rainey, City Attorney

101 ORDINANCE NO. ____ PAGE 3 Ordinance authorizing Charter Ordinance No. 43 Improvements I hereby certify that the foregoing is the original Ordinance; that said Ordinance was passed on the 12th day of September, 2016; that the record of the final vote on its passage is found in Journal No. ______, Volume No. ______, and Page No. ______; and that the Ordinance was published in The Shawnee Dispatch, the official City newspaper on the 18th day of September, 2016.

______{Seal} Stephen Powell, City Clerk

102 ORDINANCE NO. ____ PAGE 4 4811-9915-9096.1 CITY OF SHAWNEE

RESOLUTION NO. _____

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS TO PAY THE COSTS OF CERTAIN PUBLIC BUILDING IMPROVEMENTS AND PUBLIC BUILDING EQUIPMENT WITHIN THE CITY OF SHAWNEE, KANSAS, PURSUANT TO K.S.A. 12-1736 ET SEQ.

WHEREAS, K.S.A. 12-1736 to 12-1739, inclusive, as amended, authorizes the Governing Body of the City of Shawnee, Kansas (the “City”), to acquire and construct, make repairs, reconstruct, remodel, replace or make additions to, furnish and equip any public building or buildings and to issue general obligation bonds of the City for such purposes; and

WHEREAS, the Governing Body of the City has determined that it is necessary and desirable to provide for the construction and equipping of Fire Station No. 74 in the City, including the acquisition of land, construction of an approximately 6,000 square foot fire station in the northwest quadrant of the City and all related appurtenances at an estimated cost of $2,875,000, and the acquisition of certain firefighting equipment including a fire engine apparatus and all related appurtenances at an estimated cost of $750,000 (together, the station and the equipment are referred to as the “Public Building Improvements”), at a total estimated cost of $3,625,000; and

WHEREAS, it is necessary and desirable to pay such costs through the issuance of general obligation bonds of the City;

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

Section 1. The Governing Body hereby authorizes the acquisition and construction of the Public Building Improvements at a total estimated cost of $3,625,000. General obligation bonds of the City in an amount not to exceed $3,625,000 are authorized to be issued to pay the costs thereof. Temporary notes may be issued from time to time to pay for the interim financing for all or any portion of the Public Building Improvements until general obligation bonds are issued.

Section 2. The City expects to incur expenses in connection with the Improvements prior to the issuance of general obligation bonds. The City reasonably expects to reimburse all expenditures in connection with the Improvements from the proceeds of the general obligation bonds. This declaration is a declaration of official intent of the City. The maximum principal amount of debt expected to be issued for the Improvements is estimated to be $3,625,000.

Section 3. This Resolution shall be in full force and effect from and after its adoption. 103 RESOLUTION NO. _____ PAGE 1 4840-5980-6520.1 THIS RESOLUTION is hereby adopted by the Governing Body of the City of Shawnee, Kansas, this 12th day of September, 2016.

CITY OF SHAWNEE, KANSAS

By: Michelle Distler, Mayor

{Seal}

ATTEST:

By: Stephen Powell, City Clerk

APPROVED AS TO FORM:

By: Ellis Rainey, City Attorney

104 RESOLUTION NO. _____ PAGE 2 Resolution authorizing Public Building Improvements

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Cynthia Moeller-Krass, P.E. Senior Project Engineer

DATE: September 12, 2016

SUBJECT: Agreement with Shawnee Properties, LLC to Purchase Real Estate for the Nieman Road Corridor South Storm Drainage Improvements, PN 3400, SMAC TC-021-072.

BACKGROUND The Nieman Road Corridor South Storm Drainage Improvements project is on the 2016 Capital Improvements Plan (CIP). The Nieman Road Corridor Middle Storm Drainage Improvements project is on the proposed 2017 CIP. These are the first two phases of improvements along the Turkey Creek Tributary to alleviate flooding of 27 structures. These two projects intersect approximately 200 feet east of Nieman Road where the tributary is adjacent to 6115 Nieman Road. The Governing Body approved the Preliminary Engineering Study (PES) for both projects in December 2014. The construction contract for Nieman South was awarded to Leath & Sons on June 27, 2016.

DISCUSSION The original PES and the Final Construction Plans for the Nieman South and Middle projects included City purchase of two parcels associated with 6115 Nieman Road and removing an existing house. The purchase of the two lots associated with 6115 Nieman Road, QF241211-4036 and QF241211-4001, and removal of the house located in the FEMA floodplain were included in the original project budget.

The Governing Body authorized use of eminent domain to acquire necessary easements to construct the planned work on this property which would have removed a majority of the floodplain off the property. During the eminent domain process, the property owner did not want the City to pursue any options that might include saving the building. The County Court appointed appraisers awarded the property owner $35,300 for requested easements, and the City subsequently paid all court costs.

Since the City will need additional easements to construct the Nieman Middle project including realignment of the Roger Road and Nieman intersection, staff has negotiated with the property owner to purchase all of the property. The City Attorney negotiated a final sale price of $370,000 with the property owner and his attorney with the City being credited for the $35,300 in easements previously paid in the eminent domain process. The final sale price is $334,700. Recent appraisals for the property are summarized below and the appraisals are attached in the packet. Attached is a Real Estate Agreement with Nieman Property, LLC to purchase the two lots associated with 6115 Nieman Road, QF241211- 4036 and QF241211-4001. 105

TO: Carol Gonzales, City Manager FROM: Cynthia Moeller-Krass, P.E. Senior Project Engineer DATE: September 12, 2016 SUBJECT: Agreement with Shawnee Properties, LLC to Purchase Real Estate for the Nieman Road Corridor South Storm Drainage Improvements, PN 3400, SMAC TC-021-072. PAGE: 2

Appraisals Date Valuation Johnson County Tax Valuation March 2016 $380,370 Keller Craig Appraisal March 18, 2016 $350,000 City Offer $370,000 Shawnee Properties Counter-Offer $450,000 Valbridge Appraisal ( For Owner) Dec. 22, 2015 $485,000 Donoho Condemnation Valuation July 5, 2016 $442,000

Purchase Price 8/25/2016 $370,000 Condemnation Easement Payment ($ 35,300) Final Purchase Price with credit $334,700

FINANCIAL INFORMATION The Capital Improvement Plan Project Summary was revised to include the realignment of the creek and the vertical walls during 2016R Budget. The budget for the project has always included an allowance for purchase of 6115 Nieman Rd and this was included in the construction cost in the project summary below. The $334,700 purchase price is within available funding identified for property acquisition for this project. Since 6115 Nieman Road is in the floodplain, this property buy-out is eligible for Johnson County Stormwater Management Program reimbursement; however, 75% of any future sale of the property would need to be repaid to the county if reimbursement is sought and property is later sold.

2016 Revised Capital Improvement Plan Project Summary:

RECOMMENDATION Staff recommends the Governing Body approve the Real Estate Agreement with Shawnee Properties, LLC for the purchase of the two lots associated with 6115 Nieman Road, QF241211-4036 and QF241211-4001, in the amount of $334,700 and authorize the Mayor to sign the agreement on behalf of the City for the Nieman Road Corridor South Storm Drainage Improvements, P.N. 3400, SMP TC-021- 072. 106 REAL ESTATE AGREEMENT

This real estate agreement (the "Agreement"), is made as of the date of its execution by the Buyer as provided in Section 13 hereof, by and between the City of Shawnee, Kansas, a Kansas municipal corporation, (hereinafter "City" or "Buyer"), and Shawnee Properties, LLC., (hereinafter "Seiler"), Buyer and Seller collectively are hereinafter the "Parties".

Recitals

A. Seller is the owner of real property with a commonly known address of 6115 Nieman Road, in the City of Shawnee, Kansas, and legally described as follows:

QF241211-4036 and QF241211-4001

The North 2.20 Chains of the following described tract of land, to-wit: beginning at a point 13.59 chains North from the Quarter Section corner on the line dividing Section 11 and 14 of Township 12 South, Range 24 East; thence (var. 11 degrees, 36 minutes East) North 6.60 chains; thence East 4.55 chains; thence South 6.60 chains; thence West 4.55 chains to the point of beginning, being situate in the Southeast Quarter of Section 11, Township 12 South, Range 24 East, Johnson County, Kansas, except that part in streets and roads.

The South 2.20 chains of the North 4.40 chains of the following described tract of land, to-wit: beginning at a point 13.59 chains North from the quarter section corner of the line dividing Sections 11 and 14 of Township 12 South, range 24 East, thence (va. 11 degrees, 36 minutes East) North 6.60 chains; thence East 4.55 chains; thence South 6.60 chains; thence West 4.55 chains to the point of beginning, being situate in the Southeast Quarter of Section 11, Township 12 South, Range 24 East, Johnson County Kansas, except that part in streets and roads.

Containing a total of 77,536 Square Feet, more or less.

B. Buyer is a municipal corporation within Johnson County, Kansas, and has the authority to sell and acquire land.

SECTION 1 - SALEAND PURCHASEOF PROPERTY

Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from Seller the above legally described property, including and together with all the improvements, fixtures, and

1 107 appurtenances thereon, (hereinafter collectively referred to as the "Property"), at the price and upon the terms and conditions herein set forth.

This Agreement is contingent upon approval of the terms and conditions herein by the Governing Body of Buyer.

SECTION 2 - PURCHASEPRICE

The purchase price of the Property (the "Purchase Price") shall be Three Hundred Thirty Four Thousand and Seven Hundred Dollars ($334,700.00), to be paid by the Buyer to the Seller as follows:

A. Within ten (10) days of the date hereof Buyer shall deposit with Alpha Title, LLC, (the "Title Company") the sum of Ten Thousand Dollars ($10,000.00) as and for earnest money (the "Earnest Money") to be credited to the Purchase Price at Closing or paid to the Parties pursuant to the terms hereof.

B. The balance adjusted by any applicable prorating or sums held in escrow, or other adjustments herein provided for in cash at Closing.

SECTION 3 - TITLE MAnERS

A. Not later than ten (10) days after the date of execution of this Agreement, Buyer shall order a title commitment (the "Title Commitment") from Title Company, addressed to Buyer showing Buyer and Seller as set forth in this Agreement, covering the Property and binding the Title Company to issue to Buyer, at the Closing, an Owner's Policy of Title Insurance on a current ALTA standard form or such other form as may be acceptable to Buyer (the "Title Policy") modified to be consistent with the Title Commitment, in the amount of the Purchase Price as determined hereunder, with such Title Commitment, and such Title Policy when issued, setting forth the state of title to the Property and all exceptions thereto, however, unless otherwise agreed to in writing by Buyer the standard printed exceptions relating to rights of parties in possession, mechanic's liens and easements or claims of easements not of record shall be eliminated. Buyer, its agents or assigns, shall have the right to enter onto the property after the date of this Agreement for the purpose of conducting studies or tests and to conduct an environmental study of the property, which studies and tests may include without limitations soil tests, topographical analysis, engineering studies, environmental studies and tests. Buyer shall restore the property to its original condition. The Buyer shall pay the cost of obtaining any studies or tests, and the Title Policy.

B. Buyer shall within the earlier of (i) sixty (60) days from the Effective date, or (ii) within ten (10) days after the receipt of the Title Commitment, or any study or survey (whichever is last received), (the "Inspection Period"), notify Seller of any matters contained in the Title Commitment, survey, or study to which Buyer objects. Seller shall have a reasonable period not to exceed ten (10) days after notice from Buyer (the "Cure Period") to correct such defect. Nothing herein, however, shall

2 108 require Seller to cure any matters shown in the Title Commitment, survey, or study, to bring any action or proceeding or otherwise to incur any expense in connection therewith, but if requested by Buyer, Seller shall cooperate with Buyer in connection with any attempts by Buyer to have such matters cured. If, however, Seller is unable or unwilling to correct all matters specified in Buyer's notice within the Cure Period, Buyer shall have the right (but not the obligation) to within a reasonable period, not to exceed ten (10) days after expiration of the Cure Period to correct or attempt to correct such objections at Buyer's expense or to either:

(1) accept the Property subject to such matters, or (2) Buyer may cancel and terminate this Agreement and receive a refund of all sums paid to Seller or deposited in escrow pursuant to this Agreement.

SECTION 4 - CLOSING

A. The transaction contemplated herein shall close at the Title Company within ten (10) days of Buyers approval of the Title Commitment, or Sellers correction of any defects noted by Buyer, whichever occurs first, or at such other earlier date as the parties shall agree to in writing ("Closing" or "Closing Date"), subject, however, to the contingencies set forth in this Agreement.

B. This Agreement shall govern the terms of the closing referenced throughout this Agreement; provided, however, that the undersigned parties shall execute a separate closing agreement consistent with the terms hereof if required by the Title Company. The Title Company shall also serve as escrow agent for the earnest money described in Section 2, above. All interest earned on monies deposited in escrow by Buyer shall be credited to Buyer up to the date of closing.

C. Prior to the Closing Date, Seller shall, execute, acknowledge, and deliver to the Title Company:

(1) a Warranty Deed to the Property, (the "Deed"), suitable for recording and conveying to Buyer good, marketable, and indefeasible fee simple title to the Property, subject only to taxes, fees and assessments not yet due and payable as of the Closing Date, and to any other encumbrances expressly approved by Buyer in writing, to all matters of record (excepting any mortgages, UCC financing statements and/or security instruments related thereto, and any mechanic's liens); and, (2) all closing affidavits reasonably requested by the Title Company.

D. At Closing the Title Policy shall be delivered to Buyer.

E. The Title Company shall charge Buyer with:

(1) any state, county, or local transfer taxes, and similar fees imposed on the conveyance of real property by applicable law; (2) all premiums relating to the Title Policy; (3) one-half of any escrow fee; and,

3 109 (4) the prorating referenced in Subsection F, below.

F. The following items shall be prorated as of the Closing Date:

(1) real estate taxes levied against the Property; and, (2) assessments, both general and special, levied against the Property.

If the amount of current real estate taxes is not ascertainable on the Closing Date as to the Property, the prorating thereof shall be based upon the most recent available tax valuation and the applicable tax levy for the Property for the preceding year.

SECTION 5 - REPRESENTATIONSBY SELLER

A. As a material inducement for Buyer to enter into this Agreement, from the date hereof to the Closing Date or date of possession, whichever is later, Seller represents, warrants, and covenants that it shall:

(1) Neither enter into any leases or agreements providing for use or occupancy of, or access through, the Property or any portion hereof, or assign, modify, amend, renew, extend or terminate any existing leases, easements or similar agreements, without in each case the prior written consent of Buyer; (2) Not execute any option respecting the Property, or any portion thereof in favor of any party; (3) Neither encumber the Property with any lien, mortgage, restriction or encumbrance, nor alter, amend, or modify any existing lien, mortgage, restriction or encumbrance on the Property, without in each case the prior written consent of Buyer; and, (4) Send Buyer copies of any notices Seller may receive relating to violations of contract, law, insurance, litigation, condemnation or title matters respecting the Property.

B. As a material inducement for Buyer to enter into this Agreement, Seller represents and warrants that to Seller's current actual knowledge, without investigation or inquiry, as to the Property:

(1) Seller owns the entire interest in the Property; (2) No option, or similar agreement, is currently in effect respecting the Property; (3) Seller has no knowledge of any pollutants, contaminants, hazardous or toxic wastes in, on or underlying the Property, and Seller has not received any notice from any governmental authority with respect thereto; (4) Seller has neither stored any hazardous substance (as that term is defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as may be amended, 42 U.5.c. 960 et seq.) or toxic materials on, in or under the Property or Adjacent Property or permitted the Property or Adjacent Property to be used for storage of the same, nor does Seller have knowledge of any prior storage of hazardous materials or toxic substances on, in or under the Property;

4 110 (5) The Property has not been used as a landfill or dump site, and no storage tanks are located on or under the Property; (6) No part of the Property has been subject to subterranean mining; (7) No litigation except that certain Notice of Appeal regarding the report of appraisers filed on August 22, 2016 in the District Court of Johnson County Case No. 16CV04959 or similar proceeding is currently pending or, to Seller's current actual knowledge, has been threatened, respecting or affecting the Property; (8) Seller has not received any notices from any city, county, or other governmental authority of zoning, building, fire or health code violations in respect to the Property which have not been heretofore corrected; (9) There are no leases in effect respecting the Property, or any part thereof, that will continue in effect or give any party other than Buyer a right to possession, use or occupancy of any part of the Property after Closing; and, (10) Seller is not a foreign person as such term is defined in §1445 of Internal Revenue Code of 1986, as amended, and the regulation promulgated thereon.

C. In the event Seller breaches any of the above representations, warranties or covenants, or if any such representations or warranties were untrue when made or are untrue as of the Closing Date, Buyer may terminate this Agreement, receive a refund of all sums paid to Seller or deposited in escrow, and, in addition, pursue any other available remedy.

SECTION 6 - CONTINGENCIES

A. The following constitute conditions precedent to Buyer's obligations hereunder:

(1) The representations and warranties of Seller set forth in this Agreement are accurate and complete in all material respects as of the date of this Agreement and shall be accurate and complete as of the Closing Date, and Seller shall have duly and punctually performed and complied with all of its obligations hereunder; (2) On or before the Closing Date, a Deed, in the form described in Section 4, Subsection C, shall have been delivered to the Title Company and the Title Company shall be willing to issue the Title Policy; (3) No evidence of hazardous waste or toxic substances on, in or under the Property shall have been discovered, and it shall not have been determined that the Property has been used as a landfill or dump site; (4) Unless specifically stated herein, on the Closing Date there is no person in possession of or occupying the Property or any person entitled to occupancy, possession or use of the Property or to the best of Seller's knowledge claiming any right to possession, occupancy or use of the Property; (5) This Agreement is contingent upon approval of the terms and conditions herein by the Governing Body of Buyer; (6) The inspection periods identified in Section 3, Subsections A and B, and the Inspection Period described in this Section 6, Subsection B, below;

5 111 B. Notwithstanding anything to the contrary contained in this Agreement, if Buyer determines during the ten (10) days immediately after the date of receipt of the Title Commitment and the survey that any of the above conditions is not satisfied or will not be satisfied as of the Closing Date, Buyer shall be entitled to terminate this Agreement by written notice to Seller, in which event all monies paid to Seller or deposited in escrow by Buyer pursuant to this Agreement shall be promptly returned to Buyer, and the parties hereto shall thereafter be released from any and all obligations under the terms of this Agreement.

SECTION 7 - PROPERTYINCLUDED IN PURCHASEPRICE

All improvements upon the Property and any fixtures are specifically included in the sale of this property.

SECTION 8 - POSSESSION

Seller covenants to deliver title of the Property to Buyer free and clear of all tenancies and parties in possession on the Closing Date. Seller shall remove all possessions, trash and debris, and Seller covenants to deliver possession of the Property to Buyer on the Closing Date in a neat and presentable condition.

SECTION 9 - NOTICES

All notices which are required to be given hereunder shall be sufficiently given if sent by messenger, overnight courier or certified or registered United States mail, return receipt requested, to the party for whom intended at the address of such party as follows (or at such other address of which such party shall have given written notice in the manner provided herein):

Buyer: City of Shawnee, Kansas Attn: Carol Gonzales, City Manager 11110 Johnson Drive Shawnee, Kansas 66203

Copy to: Ellis Rainey, City Attorney 11110 Johnson Drive Shawnee, Kansas, 66203

Seller: Shawnee Properties, LLC Attn: John Byram, III 5350 W. 94th Terrace, Ste. 104

6 112 Prairie Village, Kansas 66207

Copy to: Leslie Byram, Esq. 9401 Nail Avenue, Ste. 100 Prairie Village, KS66207

Notices shall be deemed given on the date delivered by messenger or on the date deposited with the United States mail or overnight courier service, as the case may be. When a date specified herein falls upon a Saturday, Sunday, or National Holiday, the following Monday or the day after such holiday shall be used for purposes of this Agreement.

SECTION 10 - COMMISSIONS

Seller and Buyer agree that John Byram, III, Broker(s), identified in the Real Estate Agency Disclosure(s) attached to this Contract, is (are) the only real estate broker(s) negotiating this sale, and Seller agrees to pay a sales commission, if any, pursuant to the agreement between Seller and Broker(s). Any party to this Contract through whom a claim to any broker's, finder's or other fee is made, contrary to the representations made above in this paragraph, shall indemnify, defend and hold harmless the other party to this Contract from any other loss, liability, damage, cost or expense, including, without limitation, reasonable attorney's fees, court costs and other legal expenses paid or incurred by the other party, that is in any way related to such a claim. The provisions of this paragraph shall survive Closing or termination of this Contract.

SECTION 11- SURVIVAL CLAUSE

The parties agree that the covenants, representations, and warranties set forth in this Agreement shall survive Closing and the delivery of Deed.

SECTION 12 - GOVERNING LAW

This Agreement shall be interpreted and enforced solely according to the laws of the State of Kansas.

SECTION 13 - ATIORNEY'S FEES.

INTENTIONALLY DELETED.

SECTION 14 - ENTIREAGREEMENT

7 113 This Agreement, together with all exhibits hereto and any other documents executed and delivered pursuant to the provisions hereof, contains the entire agreement of the parties hereto with respect to the subject matter hereof. This version of the Real Estate Agreement is the final Agreement of the parties and supersedes and replaces all prior drafts, negotiations or agreements with respect to sale of the Property. No representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect unless contained in a written amendment executed by both Seller and Buyer.

SECTION 15 - SELLERSARE LICENSEDPERSONS.

Buyer acknowledges that John Byram, III and Laura Bennison have an ownership interest in Shawnee Properties, LLC , are siblings, and are licensed real estate persons in the state of Kansas.

SECTION 16 - REPRESENTATIONS;CONDEMNATION.

Buyer acknowledges that neither Seller nor any party on Seller's behalf has made, nor do they hereby make, any representations as to the past, present or future condition, income, expenses, operation or any other matter or thing affecting or relating to the Property except as expressly set forth in this Contract.

No condemnation or eminent domain proceedings relating to the Property are pending or threatened except as to that certain District Court of Johnson County Case No. 16CV2821 and the Notice of Appeal regarding the report of appraisers filed on August 22, 2016 in the District Court of Johnson County Case No. 16CV04959, which are hereby acknowledged by Buyer. If, before Closing, all or any part of the Property is taken by eminent domain (other than the afore mentioned) or any condemnation proceeding (other than the afore mentioned) has been filed or is threatened against the Property or any part thereof, Seller shall promptly provide written notice to Buyer of any such event. Upon notice of such occurrence, Buyer may, by written notice to Seller within five (5) days after receiving Seller's notice, terminate this Contract. Unless this Contract is so terminated, it shall remain in full force and effect, and Seller shall at Closing assign and transfer to Buyer all of Seller's right, title and interest in and to any awards that may be made for any taking and any insurance proceeds payable on account of casualty. If a non-material change in condition occurs with respect to the Property, Seller shall remedy such change before Closing. The provisions of this paragraph shall survive Closing or termination of this Contract.

SECTION 17 - DATE OF EXECUTION

This Agreement shall be dated as of and shall be effective on the date it is signed by the Mayor

8 114 of Shawnee following authorization by the Governing Body for such signing. The signing of this Agreement by the Mayor and attesting by the City Clerk is a representation by the City that the Agreement has been duly authorized by the Governing Body.

SECTION 18 - DEADLINE FORACCEPTANCE

Seller's offer to sell the Property to Buyer shall expire if Buyer has not accepted this Contract by signing and delivering a fully executed copy to Seller, on or before the earlier of (i) Seller delivering written notice to Buyer that Seller's offer to enter into this Contract is withdrawn or (ii) September 16, 2016.

SECTION 19 - SUCCESSORSAND ASSIGNS

This Agreement shall be binding on the heirs, successors, and assigns of the parties hereto.

Seller has caused this Agreement to be signed by an authorized representative.

~ROPERTIES' LLC

Date: ~ \ ?1\ l.t . "

ACKNOWLEDGM ENT

STATE OF KANSAS )ss. COUNTY OF JOHNSON )

THIS INSTRUMENT was acknowledged before me on this day of ~..(.f.}- 2016, by jchn t'SyrC-M , as tv\t\Yt~r , on behalf of Shawnee Properties, LLC,a Ka irnited Liability Company.

My Appointment Expires

9 115 BUYER/ CITY OF SHAWNEE, KANSAS

By: _

Michelle Distler, Mayor Date: _

ATIEST:

By: _ Stephen Powell, City Clerk

10 116 COMMERCIAL AGENCY AND BROKERAGE DISCLOSURE ADDENDUM

SELLER: Shawnee Properties. LLC

BUYER: Ci of Shawnee

PROPERTY ADDRESS: --'6"'1!..!1d.5-'-N:!!ie"'m"an!!!Ls!a."o"'a"'!ress..."S"'ha"'w'-'n""e"'e~J"'o",lm",s",o",nC:O'i~"""-S-"6,,,6,,,20~3'------:Coun:--ty"------:::State--'------::Z;-iP---

DATE OF CONTRACT: -'-'2"'O"'16"-_

THE FOLLOWING DISCLOSURE IS MADE IN COMPLIANCE WITH MISSOURI AND KANSAS REAL ESTATE LAWS AND RULES AND REGULATIONS. APPLICABLE SECTIONS BELOW MUST BE CHECKED, COMPLETED SIGNED AND DATED FOR BOTH SELLERILANDLORD AND BUYERffENANT.

SELLERILANDLORD AND BUYERffENANT ACKNOWLEDGE THAT THE REAL ESTATE LICENSEE INVOLVED IN TIllS TRANSACTION MAY BE ACTING AS AGENTS OF THE SELLERILANDLORD, AGENTS OF THE BUYERffENANT, TRANSACTION BROKERS OR (IN MISSOURI ONLY) DISCLOSED DUAL AGENTS. LICENSEES ACTING AS AN AGENT OF THE SELLERILANDLORD HAVE A DUTY TO REPRESENT THE SELLER'SILANDLORD'S INTEREST AND WILL NOT BE THE AGENT OF THE BUYERffENANT. INFORMATION GIVEN BY THE BUVERffENANT TO A LICENSEE ACTING AS AN AGENT OF THE SELLERILANDLORD WILL BE DISCLOSED TO THE SELLERILANDLORD. THE LICENSEES ACTING AS AN AGENT OF THE BUVERffENANT HAVE A DUTY TO REPRESENT THE BUYER'SffENANT'S INTEREST AND WILL NOT BE AN AGENT OF THE SELLERILANDLORD. INFORMATION GIVEN BY THE SELLERILANDLORD TO A LICENSEE ACTING AS AN AGENT OF THE BUVERffENANT WILL BE DISCLOSED TO THE BUVERffENANT. LICENSEES ACTING IN THE CAPACITY OF A TRANSACTION BROKER ARE NOT AGENTS FOR EITHER PARTY AND DO NOT ADVOCATE THE INTERESTS OF EITHER PARTY. LICENSEES ACTING AS DISCLOSED DUAL AGENTS ARE ACTING AS AGENTS FOR BOTH THE SELLERILANDLORD AND THE BUYERffENANT. (Note: A separate Dual Agency Disclosure Addendum is required).

Licensee Assisting SellerlLandlord is acting as: (Check applicable)

181 Seller's/Landlord's Agent o Designated Seller's/Landlord's Agent (Supervising Broker acts as a Transaction Broker) o Transaction Broker o Disclosed Dual Agent (Missouri only-Disclosed Dual Agency Addendum is required) o N/A-Seller(s) is not represented o SubAgent

Licensee Assisting Buyer/Tenant is aeting as: (Check applicable)

o Seller' s!Landlord' s Agent o Buyer's/Tenant's Agent o Designated Seller's/Landlord's Agent (Supervising Broker acts as a Transaction Broker) o Designated Buyer'slTenant's Agent (Supervising Broker acts as a Transaction Broker) o Transaction Broker o Disclosed Dual Agent (Missouri only-Disclosed Dual Agency Addendum is required) 181 N/A - Buyer/Tenant is not represented o Sub-Agent

PAYMENT OF COMMJSSION: Alllicensees(s) indicated above will be paid at closing ofthe sale of the property as follows: (check applicable paragraph)

181 SellerlLandlord to Pay all Licensees. Alllicensees(s) will be paid from the Seller's funds at closing according to the terms of the Listing or other Commission Agreement. o BuyerlTenant to Pay Buyer's Agent. Seller/Landlord's Licensee, if any, will he paid from the Seller's funds at closing according to the terms of the Listing Agreement. Buyer/Tenant's Agent will be paid from the Buyer's funds according to the terms ofthe Buyer/Tenant Agency Agreement.

CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES, THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNJNG. THE PARTIES EXECUTING THIS CONTRACT REPRESENT AND WARRANT THAT THEY ARE LEGALLY AUTHORIZED TO DO SO.

Licensees also hereby certify tbat tbey are licensed to sell real estate in tbe state in wbicb the Property is located.

BUYER: City of Shawnee

By: _ DATE Printed Name: _

Title: _

DATE Licensee Assisting BUYER/TENANT DATE

11 117 118

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: Cynthia Moeller-Krass, P.E. Senior Project Engineer

DATE: September 12, 2016

SUBJECT: Agreement with Nieman Property, LLC to Purchase Real Estate for the Nieman Road Corridor Middle Storm Drainage Improvements, PN 3424, SMAC TC-021-073.

BACKGROUND The Nieman Road Corridor Middle Storm Drainage Improvements project is on the proposed 2017 Capital Improvements Plan (CIP). It is the second of three projects along the Turkey Creek Tributary “F”. The Middle phase of the project is approximately 600 feet long and is bisected by Nieman Road at Roger Road and includes five flooding structures. The Governing Body approved the Preliminary Engineering Study (PES) in December 2014. The project was included in the 2017 Budget, approved by the Governing Body on July 25, 2016. The recommended plan from the PES includes purchase and removal of four structures, including two commercial buildings on Nieman Road in the floodplain and two rental houses on Roger Road in the floodway. The project as budgeted includes realignment of Roger Road with W. 61st Street at Nieman Road, which requires a third house buy-out, for a total of five structure removals to complete the project.

DISCUSSION The Nieman Road Corridor Middle Storm Drainage Improvements project is to eliminate flooding of structures and roadways along the Turkey Creek tributary from East of Nieman Road to East of Barton Street. As a part of the ongoing Nieman Road Reallocation of Right-of-Way Study, safety of Nieman Road to the traveling public was evaluated. It was determined that a reduction in the number of driveways and off-set road intersections would increase safety. One of the recommendations was to realign Roger Road so that it is not offset from W. 61st Street.

Installation of five large reinforced concrete boxes to convey flows beneath Nieman Road with the Nieman Middle drainage project will require the full tear-out and reconstruction of the Roger Road intersection. Since a majority of the intersection relocation costs are already included in the drainage project, it is more efficient and economical to rebuild the intersection once in the correct place. When evaluating whether to accelerate the five Nieman Road and associated projects, it was proposed to incorporate the Roger Road realignment and intersection relocation into the Nieman Middle drainage project. In order to realign Roger Road, a third rental house, 6009 Roger Road, will need to be removed as it will be too close to the new roadway. In July, the property owners of 6009 Roger Road posted a “For Sale Soon” sign. City staff contacted the owners to determine their selling timeline. The City Attorney negotiated a final sale price of $105,000 which is slightly below the listed Johnson County Appraisal of119

TO: Carol Gonzales, City Manager FROM: Cynthia Moeller-Krass, P.E. Senior Project Engineer DATE: September 12, 2016 SUBJECT: Agreement with Nieman Property, LLC to Purchase Real Estate for the Nieman Road Corridor Middle Storm Drainage Improvements, PN 3424, SMAC TC-21-073. PAGE: 2

$108,900 for this property. Attached is a Real Estate Agreement with Nieman Property, LLC to purchase 6009 Roger Road.

FINANCIAL INFORMATION The following draft financial summary for this project was presented on June 21, 2016 during budget discussions regarding accelerating the Nieman Road stormwater projects, and reflects the original cash funded timeframe.

Project Summary, June 2016

Project Financing Funding Sources Estimated Expenditure Schedule Description 2023 2024 Total Description 2023 2024 Total Right-of-Way $ 58,000 $ - $ 58,000 General Fund $ - $ - $ - Construction $ 914,100 $ 5,133,900 $ 6,048,000 Debt $ - $ - $ - Legal $ - $ - $ - Benefit District $ - $ - $ - Engineering $ 1,064,000 $ 786,000 $ 1,850,000 County CARS $ - $ - $ - Miscellaneous / Utility $ - $ 89,000 $ 89,000 County SMAC $ 1,577,000 $ 4,671,000 $ 6,248,000 Equipment $ - $ - $ - Special Revenues $ 616,189 $ 2,687,811 $ 3,304,000 Contingencies $ 157,100 $ 1,349,900 $ 1,507,000 State / Federal / CDBG $ - $ - $ - Administration $ - $ - $ - Other $ - $ - $ - Financing $ - $ - $ - $ - $ - $ - Total Cost $ 2,193,200 $ 7,358,800 $ 9,552,000 Total $ 2,193,189 $ 7,358,811 $ 9,552,000

The revised financial summary plan below is included in the draft 2017-2022 Capital Improvement Program as presented at the September 6, 2016 Council Committee meeting. This project summary includes funding to purchase and remove 6009 Roger Road in the construction cost for the project. Since 6009 Roger Road is not in the floodplain, this house buy-out is not eligible for Johnson County Stormwater Management Program reimbursement.

Proposed 2017 Capital Improvement Plan Project Summary, September 2016

Project Financing Funding Sources Estimated Expenditure Schedule Description 2017 2018 Total Description 2017 2018 Total Right-of-Way $ 58,000 $ - $ 58,000 General Fund $ - $ - $ - Construction $ 6,162,000 $ - $ 6,162,000 Debt $ 3,513,000 $ - $ 3,513,000 Legal $ - $ - $ - Benefit District $ - $ - $ - Engineering $ 1,850,000 $ - $ 1,850,000 County CARS $ - $ - $ - Miscellaneous / Utility $ 89,000 $ - $ 89,000 County SMAC $ 6,248,000 $ - $ 6,248,000 Equipment $ - $ - $ - Special Revenues $ - $ - $ - Contingencies $ 1,507,000 $ - $ 1,507,000 State / Federal / CDBG $ - $ - $ - Contract Administration $ 95,000 $ - $ 95,000 Other $ - $ - $ - Financing $ - $ - $ - $ - $ - $ - Total Cost $ 9,761,000 $ - $ 9,761,000 Total $ 9,761,000 $ - $ 9,761,000

120

TO: Carol Gonzales, City Manager FROM: Cynthia Moeller-Krass, P.E. Senior Project Engineer DATE: September 12, 2016 SUBJECT: Agreement with Nieman Property, LLC to Purchase Real Estate for the Nieman Road Corridor Middle Storm Drainage Improvements, PN 3424, SMAC TC-21-073. PAGE: 3

RECOMMENDATION Staff recommends the Governing Body approve the Real Estate Agreement with Nieman Property, LLC for the purchase of 6009 Roger Road in the amount of $105,000 and authorize the Mayor to sign the agreement on behalf of the City for the Nieman Road Corridor Middle Storm Drainage Improvements, P.N. 3424, SMP TC-021-073.

121 122 REAL ESTATE AGREEMENT

This real estate agreement (the “Agreement”), is made as of the date of its execution by the Buyer as provided in Section 13 hereof, by and between the City of Shawnee, Kansas, a Kansas municipal corporation, (hereinafter “City” or “Buyer”), and Nieman Property, LLC, (hereinafter “Seller”), Buyer and Seller collectively are hereinafter the “Parties”.

Recitals

A. Seller is the owner of real property with a commonly known address of 6009 Roger Road, in the City of Shawnee, Kansas, and legally described as follows:

QP43200000 0015 MELROSE LOT 15 SHC-2037 Containing a total of 11,249.92 Square Feet, more or less.

B. Buyer is a municipal corporation within Johnson County, Kansas, and has the authority to sell and acquire land.

SECTION 1 - SALE AND PURCHASE OF PROPERTY

Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from Seller the above legally described property, including and together with all the improvements, fixtures, and appurtenances thereon, (hereinafter collectively referred to as the “Property”), at the price and upon the terms and conditions herein set forth.

This Agreement is contingent upon approval of the terms and conditions herein by the Governing Body of Buyer.

Upon receipt of the Earnest Money described in Section 2 by Title Company, Buyer is authorized to schedule through Seller and to complete an asbestos inspection of the Property.

SECTION 2 - PURCHASE PRICE

The purchase price of the Property (the “Purchase Price”) shall be One Hundred and Five Thousand Dollars ($105,000.00), to be paid by the Buyer to the Seller as follows:

1 123 A. Within ten (10) days of the date hereof Buyer shall deposit with Alpha Title, LLC, (the “Title Company”) the sum of Ten Thousand Dollars ($10,000.00) as and for earnest money (the “Earnest Money”) to be credited to the Purchase Price at Closing or paid to the Parties pursuant to the terms hereof.

B. The balance adjusted by any applicable prorating or sums held in escrow, or other adjustments herein provided for in cash at Closing.

SECTION 3 - TITLE MATTERS

A. Not later than ten (10) days after the date of execution of this Agreement, Buyer shall order a title commitment (the “Title Commitment”) from Title Company, addressed to Buyer showing Buyer and Seller as set forth in this Agreement, covering the Property and binding the Title Company to issue to Buyer, at the Closing, an Owner’s Policy of Title Insurance on a current ALTA standard form or such other form as may be acceptable to Buyer (the “Title Policy”) modified to be consistent with the Title Commitment, in the amount of the Purchase Price as determined hereunder, with such Title Commitment, and such Title Policy when issued, setting forth the state of title to the Property and all exceptions thereto, however, unless otherwise agreed to in writing by Buyer the standard printed exceptions relating to rights of parties in possession, mechanic’s liens and easements or claims of easements not of record shall be eliminated. Buyer, its agents or assigns, shall have the right to enter onto the property after the date of this Agreement for the purpose of conducting studies or tests and to conduct an environmental study of the property, which studies and tests may include without limitations soil tests, topographical analysis, engineering studies, environmental studies and tests. Buyer shall restore the property to its original condition. The Buyer shall pay the cost of obtaining any studies or tests, and the Title Policy.

B. Buyer shall within ten (10) days after the receipt of the Title Commitment, or any study or survey (whichever is last received), (the “Inspection Period”), notify Seller of any matters contained in the Title Commitment, survey, or study to which Buyer objects. Seller shall have a reasonable period not to exceed ten (10) days after notice from Buyer (the “Cure Period”) to correct such defect. Nothing herein, however, shall require Seller to cure any matters shown in the Title Commitment, survey, or study, to bring any action or proceeding or otherwise to incur any expense in connection therewith, but if requested by Buyer, Seller shall cooperate with Buyer in connection with any attempts by Buyer to have such matters cured. If, however, Seller is unable or unwilling to correct all matters specified in Buyer’s notice within the Cure Period, Buyer shall have the right (but not the obligation) to within a reasonable period, not to exceed ten (10) days after expiration of the Cure Period to correct or attempt to correct such objections at Buyer’s expense or to either:

(1) accept the Property subject to such matters, or (2) grant an extension of time to cure said matters, or (3) Buyer may cancel and terminate this Agreement and receive a refund of all sums paid to Seller or deposited in escrow pursuant to this Agreement.

2 124 SECTION 4 - CLOSING

A. The transaction contemplated herein shall close at the Title Company within ten (10) days of Buyers approval of the Title Commitment, or Sellers correction of any defects noted by Buyer, whichever occurs first, or at such other earlier date as the parties shall agree to in writing (“Closing” or “Closing Date”), subject, however, to the contingencies set forth in this Agreement.

B. This Agreement shall govern the terms of the closing referenced throughout this Agreement; provided, however, that the undersigned parties shall execute a separate closing agreement consistent with the terms hereof if required by the Title Company. The Title Company shall also serve as escrow agent for the earnest money described in Section 2, above. All interest earned on monies deposited in escrow by Buyer shall be credited to Buyer up to the date of closing.

C. Prior to the Closing Date, Seller shall, execute, acknowledge, and deliver to the Title Company:

(1) a Warranty Deed to the Property, (the “Deed”), suitable for recording and conveying to Buyer good, marketable, and indefeasible fee simple title to the Property, subject only to taxes, fees and assessments not yet due and payable as of the Closing Date, and to any other encumbrances expressly approved by Buyer in writing, to all matters of record (excepting any mortgages, UCC financing statements and/or security instruments related thereto, and any mechanic’s liens); and, (2) all closing affidavits reasonably requested by the Title Company.

D. At Closing the Title Policy shall be delivered to Buyer.

E. The Title Company shall charge Buyer with:

(1) any state, county, or local transfer taxes, and similar fees imposed on the conveyance of real property by applicable law; (2) all premiums relating to the Title Policy; (3) one-half of any escrow fee; and, (4) the prorating referenced in Subsection F, below.

F. The following items shall be prorated as of the Closing Date:

(1) real estate taxes levied against the Property; and, (2) assessments, both general and special, levied against the Property.

If the amount of current real estate taxes is not ascertainable on the Closing Date as to the Property, the prorating thereof shall be based upon the most recent available tax valuation and the applicable tax levy for the Property for the preceding year.

3 125 SECTION 5 - REPRESENTATIONS BY SELLER

A. As a material inducement for Buyer to enter into this Agreement, from the date hereof to the Closing Date or date of possession, whichever is later, Seller represents, warrants, and covenants that it shall:

(1) Neither enter into any leases or agreements providing for use or occupancy of, or access through, the Property or any portion hereof, or assign, modify, amend, renew, extend or terminate any existing leases, easements or similar agreements, without in each case the prior written consent of Buyer; (2) Not execute any option respecting the Property, or any portion thereof in favor of any party; (3) Neither encumber the Property with any lien, mortgage, restriction or encumbrance, nor alter, amend, or modify any existing lien, mortgage, restriction or encumbrance on the Property, without in each case the prior written consent of Buyer; and, (4) Send Buyer copies of any notices Seller may receive relating to violations of contract, law, insurance, litigation, condemnation or title matters respecting the Property.

B. As a material inducement for Buyer to enter into this Agreement, Seller represents and warrants that to Seller’s current actual knowledge, without investigation or inquiry, as to the Property:

(1) Seller owns the entire interest in the Property; (2) No option, or similar agreement, is currently in effect respecting the Property; (3) Seller has no knowledge of any pollutants, contaminants, hazardous or toxic wastes in, on or underlying the Property, and Seller has not received any notice from any governmental authority with respect thereto; (4) Seller has neither stored any hazardous substance (as that term is defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as may be amended, 42 U.S.C. 960 et seq.) or toxic materials on, in or under the Property or Adjacent Property or permitted the Property or Adjacent Property to be used for storage of the same, nor does Seller have knowledge of any prior storage of hazardous materials or toxic substances on, in or under the Property; (5) The Property has not been used as a landfill or dump site, and no storage tanks are located on or under the Property; (6) No part of the Property has been subject to subterranean mining; (7) No litigation or similar proceeding is currently pending or, to Seller’s current actual knowledge, has been threatened, respecting or affecting the Property; (8) Seller has not received any notices from any city, county, or other governmental authority of zoning, building, fire or health code violations in respect to the Property which have not been heretofore corrected; (9) There are no leases in effect respecting the Property, or any part thereof, that will continue in effect or give any party other than Buyer a right to possession, use or occupancy of any part of the Property after Closing; and, (10) Seller is not a foreign person as such term is defined in §1445 of Internal Revenue Code

4 126 of 1986, as amended, and the regulation promulgated thereon.

C. In the event Seller breaches any of the above representations, warranties or covenants, or if any such representations or warranties were untrue when made or are untrue as of the Closing Date, Buyer may terminate this Agreement, receive a refund of all sums paid to Seller or deposited in escrow, and, in addition, pursue any other available remedy.

SECTION 6 - CONTINGENCIES

A. The following constitute conditions precedent to Buyer’s obligations hereunder:

(1) The representations and warranties of Seller set forth in this Agreement are accurate and complete in all material respects as of the date of this Agreement and shall be accurate and complete as of the Closing Date, and Seller shall have duly and punctually performed and complied with all of its obligations hereunder; (2) On or before the Closing Date, a Deed, in the form described in Section 4, Subsection C, shall have been delivered to the Title Company and the Title Company shall be willing to issue the Title Policy; (3) No evidence of hazardous waste or toxic substances on, in or under the Property shall have been discovered, and it shall not have been determined that the Property has been used as a landfill or dump site; (4) Unless specifically stated herein, on the Closing Date there is no person in possession of or occupying the Property or any person entitled to occupancy, possession or use of the Property or to the best of Seller’s knowledge claiming any right to possession, occupancy or use of the Property; (5) This Agreement is contingent upon approval of the terms and conditions herein by the Governing Body of Buyer; (6) Buyer approves the Property after the expiration of the inspection periods identified in Section 3, Subsections A and B, and the Inspection Period described in this Section 6, Subsection B, below; and,

B. Notwithstanding anything to the contrary contained in this Agreement, if Buyer determines during the ten (10) days immediately after the date of receipt of the Title Commitment and the survey that any of the above conditions is not satisfied or will not be satisfied as of the Closing Date, Buyer shall be entitled to terminate this Agreement by written notice to Seller, in which event all monies paid to Seller or deposited in escrow by Buyer pursuant to this Agreement shall be promptly returned to Buyer, and the parties hereto shall thereafter be released from any and all obligations under the terms of this Agreement.

SECTION 7 - PROPERTY INCLUDED IN PURCHASE PRICE

All improvements upon the Property and any fixtures are specifically included in the sale of this property. Seller may remove any personal property or fixtures prior to the Closing Date. Items

5 127 remaining on the Property after such date, shall be considered abandoned and shall be property of Buyer.

Seller shall prior to the time of possession, properly disconnect gas, electric and water lines.

SECTION 8 - POSSESSION

Seller covenants to deliver title of the Property to Buyer free and clear of all tenancies and parties in possession on the Closing Date. Seller shall remove all possessions, trash and debris, and Seller covenants to deliver possession of the Property to Buyer on the Closing Date in a neat and presentable condition.

SECTION 9 - NOTICES

All notices which are required to be given hereunder shall be sufficiently given if sent by messenger, overnight courier or certified or registered United States mail, return receipt requested, to the party for whom intended at the address of such party as follows (or at such other address of which such party shall have given written notice in the manner provided herein):

Buyer: City of Shawnee, Kansas Attn: Carol Gonzales, City Manager 11110 Johnson Drive Shawnee, Kansas 66203 Copy to: Ellis Rainey, City Attorney 11110 Johnson Drive Shawnee, Kansas, 66203

Seller: Nieman Property, LLC 6013 Widmer Street Shawnee, Kansas 66216

Notices shall be deemed given on the date delivered by messenger or on the date deposited with the United States mail or overnight courier service, as the case may be. When a date specified herein falls upon a Saturday, Sunday, or National Holiday, the following Monday or the day after such holiday shall be used for purposes of this Agreement.

6 128 SECTION 10 - COMMISSIONS

Seller further warrants and agrees to hold Buyer harmless from any real estate salespersons, brokers, agents or representatives, who may claim, allege or assert a commission or other fee arising out the transaction contemplated herein.

SECTION 11 - SURVIVAL CLAUSE

The parties agree that the covenants, representations, and warranties set forth in this Agreement shall survive Closing and the delivery of Deed.

SECTION 12 - GOVERNING LAW

This Agreement shall be interpreted and enforced solely according to the laws of the State of Kansas.

SECTION 13 - DATE OF EXECUTION

This Agreement shall be dated as of and shall be effective on the date it is signed by the Mayor of Shawnee following authorization by the Governing Body for such signing. The signing of this Agreement by the Mayor and attesting by the City Clerk is a representation by the City that the Agreement has been duly authorized by the Governing Body.

SECTION 14 - SUCCESSORS AND ASSIGNS

This Agreement shall be binding on the heirs, successors, and assigns of the parties hereto.

Seller has caused this Agreement to be signed by an authorized representative.

SELLER/ NIEMAN PROPERTY, LLC

Date:

7 129 ACKNOWLEDGMENT

STATE OF KANSAS ) )ss. COUNTY OF JOHNSON )

THIS INSTRUMENT was acknowledged before me on this ______day of ______2016, by ______, as ______, on behalf of Nieman Property, LLC, a Kansas Limited Liability Company.

Notary Public My Appointment Expires

BUYER/ CITY OF SHAWNEE, KANSAS

By: Michelle Distler, Mayor Date:

ATTEST:

By: Stephen Powell, City Clerk

8 130

CITY OF SHAWNEE

PACKET MEMORANDUM

TO: Carol Gonzales, City Manager

FROM: B. Neil Holman, Parks and Recreation Director

DATE: September 12, 2016

SUBJECT: Recommended Update to Policy Statement affecting Parks and Recreation Department Operations

BACKGROUND Parks and Recreation staff recently reviewed PS-49, Cemetery Administration to address current procedures and expressed needs.

Staff presented the proposed changes to the Parks and Recreation Advisory Board at the September 1, 2016 meeting and received their approval. A copy of the proposed changes with deletions in strikethrough and insertions in italics is included in the packet.

DISCUSSION PS-49 Cemetery Administration  Last revised in November 2013  Add a payment plan option for grave and niche purchases.

Individuals will be offered the option of a payment plan over a specific period of time. The payment plan shall include paying half of the grave/niche space price at the time of purchase and the remaining balance shall be paid within one year. The Finance Department will generate a payment schedule and invoice based on this schedule.

FINANCIAL INFORMATION There is no financial impact based on updating this policy.

RECOMMENDATION Staff recommends, with approval of the Shawnee Parks and Recreation Advisory Board, the Governing Body approve revisions shown in the attached revised PS-49.

131 132

CITY OF SHAWNEE POLICY STATEMENT

SUBJECT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 1 of 8 09/12/2016

BACKGROUND AND PURPOSE On August 18, 2004, the City of Shawnee, Kansas became the owner and operator of the Pleasant View Cemetery, located at 6025 Quivira Road. On June 25, 2007 the City of Shawnee, Kansas became the owner and operator of the Shawnee Cemetery, located at 11810 61st Terrace. As the owner, the Governing Body of the City of Shawnee has the authority and responsibility for establishing policies and procedures for the operation and government of the City cemetery, including setting the various prices, fees and costs associated with the sale and reacquisition of cemetery lots and providing for the various services required in relation to the cemetery facilities.

PROCEDURE A. CEMETERY MANAGEMENT 1. The City cemetery shall be operated by the Parks and Recreation Department and shall be under the supervision of the Parks and Recreation Director who shall ensure the cemetery is managed in accordance with this policy statement and good cemetery management practices. 2. The Parks and Recreation Director shall use City staff or contractual arrangements to provide immediate care of all aspects of cemetery operations including the cemetery records, grounds and lots. For purposes of this Policy Statement, City employees or independent contractors charged with work at the cemetery shall be referred to as “cemetery staff.” B. SALE OF GRAVE SPACES 1. Definitions a) Block: An area of the cemetery with defined boundaries, generally property lines or roads. Blocks are numbered for identification purposes. b) Lot: A specified area approximately 20’ x 10’ that includes six grave spaces. Lots are numbered for identification purposes. c) Grave Spaces: A specified area, within a lot, approximately 40” x 10’ intended for burial of one adult or three infant occupancies. 2. Statement of Purchase. An individual purchasing a grave space or spaces will be given a statement documenting the purchase and location of the grave space(s). 3. Price Grave Spaces. All grave spaces shall be sold according to the following schedule: All Blocks Price 1 Grave Space in Lot Area $1,200 1 Grave Space – Single Row Area Only $1,200 1 Grave Space – Infant Area (Block 8) $300 4. Repurchase by City. Any grave space or lots repurchased by the City shall be at 100% of the current price less thirty-five dollars ($35.00) for administrative costs. 133 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 2 of 8 09/12/2016

5. Sell or Transfer of Grave Spaces or Lots to Others. Should the owner(s) of any grave space(s) or lot(s) in the cemetery desire to sell or transfer ownership to another individual other than the City of Shawnee, Kansas, the owner(s) shall first execute a letter to the City of Shawnee Parks and Recreation Director, who will in turn execute to the individual purchasing or obtaining through transfer such space(s) or lot(s), a statement showing such change. A fee of thirty-five dollars ($35.00) shall be paid to the City of Shawnee for the issuance of the new certificate. 6. Single Grave Space – Full Lot. A single grave space may not be sold within any full lot or part thereof which contains an even number of grave spaces. 7. Reserve Grave Space – Single Row Area. In a single row area, it shall be permissible for a person to purchase two single grave spaces and reserve one space for future burial, provided the reserved grave space is between filled grave spaces. 8. Payment Plan. Individuals will be offered the option of a payment plan over a specific period of time. The payment plan shall include payment for half of the cost for the grave space at the time of purchase and the remaining balance shall be paid within one year. The Finance Department will generate a payment schedule and invoice based on this schedule. C. SALE OF COLUMBARIUM NICHES 1. Definitions a) Columbarium: A vault with niches for urns containing ashes of the dead. b) Level: Levels are labeled for identification purposes, A – F, with A starting on the bottom and progressing up. c) Niche: A specified area approximately 12” x 12” that can hold up to two urns. 2. Statement of Purchase. An individual purchasing a columbarium niche will be given a statement documenting the purchase and location of the niche(s). 3. Price Niche. All niches shall be sold according to the following schedule: Level Price Level F $2,300 Level E $2,450 Level D $2,600 Level C $2,600 Level B $2,450 Level A $2,200 4. Repurchase by City. Any niche repurchased by the City shall be at 100% of the current price less thirty-five dollars ($35.00) for administrative costs. 5. Sell or Transfer of Niche to Others. Should the owner(s) of any niche in the columbarium desire to sell or transfer ownership to another individual other than the City of Shawnee, Kansas, the owner(s) shall first execute a letter to the City of Shawnee Parks and Recreation Director, who will in turn execute to the individual purchasing or obtaining through transfer such niche, a statement showing such change. A fee of thirty-five dollars ($35.00) shall be paid to the City of Shawnee for the issuance of the new certificate. 6. Payment Plan. Individuals will be offered the option of a payment plan over a specific period of time. The payment plan shall include payment for half of the cost for the grave space at the 134 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 3 of 8 09/12/2016

time of purchase and the remaining balance shall be paid within one year. The Finance Department will generate a payment schedule and invoice based on this schedule. D. INTERMENT PERMITS, RECORDS AND FEES 1. Burial Permit. A permit is required to schedule a burial. 2. Burial Permit Fees. Prior to the issuance of the burial permit, the City Parks and Recreation Director shall charge and collect the following fees: Cost includes the operation of opening and closing of the grave/niche and setting the headstone/plaque. Size A (36”x24”x36”) (Infant) $200.00 Size B (90”x 28”x 40”) (Adult) $875.00 Double Stack Charge $125.00 Cremation $450.00 Niche $150.00 3. Burial Permit Record. The City Parks and Recreation Department shall keep a record of the permits issued under the provisions of this article, showing the date of issue, to whom issued, the name, other available information as provided, the number of the lot, block and addition or the number of the grave. 4. Disinterment Fees. Cost for disinterment includes the operation of removing a burial structure from its current resting place. The cost for this service is double the prices shown above for interments. E. INTERMENTS, DISINTERMENTS AND REMOVALS 1. Laws, Rules and Orders. All interments, disinterments and removals shall be subject to the laws, rules and orders of the properly constituted authorities of the City, County and State. 2. Number of Burials for Grave Space of Lot. Only one (1) burial shall be permitted on each grave space or lot except that three (3) Size A (infant) interments may be made on one (1) grave space, up to four (4) cremations shall be allowed on one (1) space, or one (1) Size B (adult) and one (1) cremation per space, or two (2) Size B (adult) if stacked (must be designated at the time of first burial). 3. Cremation Urn in Base of Monuments. Cremation urns may be interred in the base of a monument in a manner complying with directions of the cemetery staff. Cremation urns must be interred in a concrete urn box and buried at grave level. 4. Cremation Urn in Columbarium. Only two (2) cremation urns will be allowed per 12” x 12” x 12” niche. 5. Location of Interment Space. When instructions from the lot owner, or his agent, regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or for any reason the interment space cannot be opened where specified, the cemetery staff may, at their discretion, open it in such location in the lot as they deem best and proper, so as not to delay the funeral; and the cemetery staff shall not be liable for damages on any error so made. 6. Types of Vaults or Boxes. In every earth interment, the casket shall be enclosed in a vault or box constructed of concrete, steel or fiberglass. The use of wooden boxes is prohibited. 135 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 4 of 8 09/12/2016

7. Holiday. No interment, disinterment, cremation or services shall be permitted on designated holidays of the City. 8. Times. No interment, disinterment, cremation or services shall be scheduled to begin later than four (4:00) p.m. or prior to nine (9:00) a.m. 9. Sunday Services. An extra charge of $100 shall be applied to any funeral service scheduled to be held on a Sunday. Notification of any Sunday service shall be made not later than the preceding Thursday at four (4:00) p.m. 10. Disinterments. All disinterments shall follow the same scheduling guidelines as interment services, but shall not occur on Saturdays. 11. Scheduling. All services (interments/disinterments) shall be scheduled through the City Parks and Recreation Director. 12. Emergencies. In the event of an emergency service, staff will make every effort to accommodate the service with the addition of all applicable extra fees. F. IMPROVEMENTS TO LOTS AND GRAVES The following rules shall be observed with regard to the decoration of cemetery lots in monument sections: 1. Copings, fences, curbs, structures of wood, or other equally perishable material are prohibited. These structures or enclosures established on any lot previous to the adoption of this Policy Statement, which have, in the judgment of the Parks and Recreation Director become unsightly by reason of neglect or age shall be removed. 2. No elevated mounds shall be built over graves and no lot shall be filled above the grade established by the City. 3. Approved receptacles for cut or artificial flowers will be permitted if installed within six (6) inches of the memorial. 4. Toys, unsightly objects, glass jars, glass vases, and unapproved containers will not be permitted as grave decorations; and when used, they will be removed without notice. 5. No plantings shall be made in the monument sections without the permission from the Parks and Recreation Director. 6. The planting of hedges is strictly prohibited. Existing hedges will be removed whenever they become unsightly or encroach upon an adjoining lot or path. 7. The City will remove all flowers, trees, and shrubs, which have become diseased, unsightly, or dangerous. 8. Artificial flowers and fresh cut flowers will be permitted during the grass-mowing season (April 1 until October 31) and shall be placed in an approved permanent receptacle. 9. Plants are permitted for Memorial Day, with four (4) days allowed before Memorial Day for decorating and four (4) days after, for picking up plants or decorations before the plants will be removed by cemetery staff. 10. From November 1 through April l, wreaths and artificial decorations are permitted and shall be placed within six (6) inches of the memorial and will be removed when faded or during spring clean up after April 1. 136 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 5 of 8 09/12/2016

11. Bouquets, plants, or wreaths shall be placed within six (6) inches of a memorial. 12. Flags and veteran’s emblems will be permitted on Memorial Day and Veteran’s Day. 13. No ground cover other than grass will be permitted. 14. The City and its staff shall not be held liable for any disposal or return of any temporary decorations or permanent decorations or trees. Plantings may be removed without notice by cemetery staff when they become unsightly, undesirable, or interfere with cemetery maintenance. Such items will not be replaced. Any plantings, shrubs or trees wrongfully placed will be removed without notice. 15. All retaining walls, fences and curbing of lots or grave spaces are prohibited. A retaining wall, fence or curbing which is presently in place may be removed by the City when the Parks and Recreation Director determines that the improvement is in such poor condition that it is detrimental to appearance and maintenance of the cemetery. The owner of the lot will be given notice, if possible, to repair such improvements; and if he/she does not proceed with the repair within a reasonable time, the cemetery staff may proceed with the removal. 16. Chemicals. No one other than cemetery staff shall be allowed to spray any chemical agent including fertilizer, weed killers, herbicides, and ground sterilants. G. SALE OF COLUMBARIUM NICHES 1. Definitions. a) Projecting Monument: A two-piece stone projecting above ground level for purpose of identifying occupancy of one or more grave spaces. b) Projecting Marker: A one-piece stone projecting above ground level, for the purpose of identifying the occupancy of one or more grave spaces. c) Flush Marker: A stone installed flush with ground level for the purpose of identifying occupancy of one or more grave spaces. d) Measurement Terms: Measurements for monuments and markers shall be referred to by the following terms and their definitions. (1) “Height” or “depth” shall be a vertical measure. (2) “Length” shall be the long measurement of a monument or marker, or as would be measured in a crosswise direction of a grave space. (3) “Length” shall be the long measurement of a monument or marker, or as would be measured in a crosswise direction of a grave space. 2. Permission Required. Before any memorial work is commenced in Pleasant View or Shawnee Cemeteries by any employee or employees of a private business or contractor, a written request to commence such work must be submitted to the Parks and Recreation Director. The request shall include the name of the company or contractor proposing to do the work, the location of the work, the type of memorial work and other such information necessary to determine that the proposed work will conform with the provisions of this Policy Statement. Approval to commence such work must be granted in writing by the Parks and Recreation Director.

137 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 6 of 8 09/12/2016

3. Supervision of Memorial Work. All memorial work shall be done under the general supervision of cemetery staff. 4. Memorial Work during Business Hours. Memorial work shall be conducted only during those hours when cemetery staff is available. No memorial work will be permitted while a funeral service is in progress. 5. Specifications for Monuments and Markers. All monuments and markers shall be of standard construction material, such as marble, granite or bronze. 6. Location and Placement of Monument or Markers. a) All monuments or markers, whether projecting or flush style, shall be placed at the head of the grave space or spaces (except foot markers). b) Foot markers must be set at the foot of the grave space and flush with ground level. On lots where existing foot markers have been installed above ground level, any additional foot markers installed on that particular lot may be installed above ground level. c) Monuments or markers shall be placed so the centerline for the width of the monument or marker will be two (2) feet from the lot line at the foot of the grave space or spaces. d) Foot markers shall be placed so the center line for the width of the foot marker will be two (2) feet from the lot line at the foot of the grave space or spaces. e) Infant Area. (1) Markers installed in these areas are exempt from the location measurement provisions of subsections c. and d. above. (2) The marker shall be located in a manner that the outside edge of the concrete base shall abut on the property line at the head of the grave space. 7. Length and Width Limitations. a) The length of a monument or marker, including the concrete base extensions, for a single grave space shall be no longer than the width of the grave space. b) The length of a monument or marker, including the concrete base extensions, for adjoining grave spaces shall be no longer than the combined width of the grave spaces. c) In the Infant Area, a marker stone for a singe grave space shall not exceed eight (8) inches in width and sixteen (16) inches in length. 8. Specifications for Setting of Monuments and Markers. a) All monuments and markers shall be set on a concrete base. Top surface of the concrete shall be flush with ground level, and shall be six (6) inches wider on each side than the bottom dimensions of the monument or marker. (1) In the Infant Area, the concrete base shall be four (4) inches wider on all sides than the marker measurements. b) The concrete base shall have a minimum depth not less than six (6) inches below ground surface, and be reinforced with not less than one (1) three quarter (3/4) inch diameter steel reinforcing rod placed approximately midway in the depth of the concrete mixture. c) A concrete base may be constructed by either of the two following methods. 138 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 7 of 8 09/12/2016

(1) Entirely of a concrete mix poured into the proper size excavation at the installation site. (2) Use of a pre-cast concrete slab for the upper one-half (1/2) of the base, which shall be placed upon concrete mix that has been poured into the proper size excavation at the installation site, for a total depth not less than eight (8) inches. d) Concrete used for the base shall consist of a proper mixture of Portland cement, sand and water properly blended and mixed to provide a strong and durable base. 9. Full Grave Space Covers. Installation of a full grave space cover constructed of concrete, marble or other material of any style shall not be permitted. 10. Individual Mausoleums. Installation of individual or family size mausoleums of any type construction or materials shall not be permitted. 11. Extensions to Concrete Base. Extension to an existing concrete base for the purpose of providing holders for flower vases, etc. shall not be permitted. 12. Additional Specifications. In order to insure the setting of monuments and markers in a workmanlike manner and in keeping with good appearance of the cemetery as a whole, the Parks and Recreation Director, may adopt additional specifications and regulations deemed necessary and proper for the location and setting of monuments and markers. 13. Clean Up of Worksites. All worksites shall be properly policed upon completion of setting of monument. No loose concrete will be left on the ground, scrap lumber and dirt piles will be removed, tracks filled in etc. H. OTHER REGULATIONS 1. Orders Received by Telephone. The cemetery staff shall not be held responsible for any order received by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a lot where interment is desired. 2. Correction of Error. The cemetery staff reserves, and shall have, the right to correct any error that may be made by the staff either on making interments, disinterments or removals, or in the description, transferring conveyance of any interment property either by canceling such conveyance or transferring property of equal value and similar location as far as possible as may be selected by the cemetery staff, or at the sole discretion of the City Governing Body; or by refunding the amount of money paid on account of said purchase.

139 POLICY STATEMENT POLICY EFFECTIVE REVISION PAGE NO. DATE DATE Cemetery Administration 11/25/2013 PS-49 08/08/2005 8 of 8 09/12/2016

IMPLEMENTATION This policy shall take effect immediately and shall be used by the Parks and Recreation Department in administration of the cemetery. This policy shall remain in force until officially changed by the majority of the Council Members present and voting; where the number of the favorable votes is one (1) less than required, the Mayor shall have the power to cast the deciding vote in favor of the action.

CITY COUNCIL APPROVAL AND REVISION DATES August 8, 2005; August 27, 2007; February 9, 2009; November 25, 2013; September 12, 2016

OTHER REFERENCE (COMMITTEE MEETINGS) August 2, 2005: Finance and Administration Committee Minutes, Agenda Item 3 January 20, 2009: Public Works and Safety Committee Minutes, Agenda Item 2

Jeff Meyers Michelle Distler, Mayor Keith Campbell Stephen E. Powell, City Clerk

140