CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES 7:30 P.M.

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1 w Page 1 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14786 CITY OF SHAWNEE CITY COUNCIL MEETING MINUTES February 11, :30 P.M. Jeff Meyers Mayor Councilmembers Present Staff Present Councilmember Pflumm City Manager Gonzales Councilmember Neighbor Deputy City Manager Charlesworth Councilmember Sawyer City Attorney Rainey Councilmember Willoughby City Engineer Wesselschmidt Councilmember Kuhn Fire Chief Mattox Councilmember Vaught Police Chief Larimore Councilmember Sandifer Public Works Director Freyermuth Councilmember Distler Planning Director Chaffee Finance Director Rogers Parks and Recreation Director Holman City Clerk Campbell Assistant to the City Manager Killen (City Council Meeting Called to Order at 7:29 p.m.) MAYOR MEYERS: Good evening and welcome to tonights City Council Meeting. I would ask that you please silence your electronic devices at this time. l m going to do a verbal roll call tonight to make sure our audio broadcast and recording is complete. l m going to start by introducing myself. I am/ Mayor Jeff Meyers and I will be presiding -- chairing this meeting. When I call your name, please say present. Councilmember Neighbor? "K COUNCILMEMBER NElGHBOR: Present. MAYOR MEYERS: Councilmember Pflumm? COUNCILMEMBER PFLUMM: Present. MAYOR MEYERS: Councilmember Willoughby? COUNCILMEMBER WILLOUGHBY: Present. MAYOR MEYERS: Councilmember Sawyer? COUNCILMEMBER SAWYER: Present. MAYORMEYERS: Councilmember Kuhn? COUNCILMEMBER KUHN: Present.

2 Page 2 It CITY COUNCIL MINUTES February 11, 2013 Journal Page #14785 MAYOR MEYERS: Councilmember Vaught? COUNCILMEMBERVAUGHT: Present. MAYOR MEYERS: Councilmember Sandifer? COUNCILMEMBERSANDIFER: Present. MAYOR MEYERS: And, Councilmember Distler? COUNCILMEMBER DISTLER: Present. MAYOR MEYERS: Thank you. A. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE MAYOR MEYERS: And now if everyone would please rise for the Pledge of Allegiance followed by a brief moment of silence. B. ROLL CALL C. CONSENT AGENDA MAYOR MEYERS: Thank you. Before we begin our Agenda tonight, l d like to explain our procedures for public input from the audience. At numerous times during the meeting, I will offer the opportunity for public input. If you d like to speak to the Council at any of those times, please come fonnard to the microphone. I will ask you to state your name and address for the record, then you may offer your comments. After you are finished, please sign the form to the left of the podium to ensure that we have an accurate record of your name and address. At this time, begin the meeting by starting with the Consent Agenda. COUNCILMEMBER KUHN: Move for approval. COUNCILMEMBERSANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to approve the Consent Agenda. Any further comments or questions from the Council? is there anyone from the audience that needs to speak to this? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) D. MAYOR S ITEMS 1. Myeloma Awareness Month Proclamation

3 1 Page 3 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14784 MAYOR MEYERS: Andnow we I move to Mayor Items.I have a couple items tonight, a couple of proclamations that I want to read, and I will come forward. At this time, Id like Pat Ninci to come fon/vard. Pat is a myeloma survivor. She s a Shawnee resident and an active member of the Kansas City Myeloma Support Group. And she asked that I present a proclamation in awareness of myeloma. And so m going to read this proclamation, Pat, and then youll be able to give any comments that you wish aften/vards. Fromthe Office of the Mayor of_shawnee, Kansas. Whereas, multiple myeloma, the second most common blood cancer worldwide, is a cancer of plasma cells in the bone marrow. It is called multiple, because the cancer can occur at multiple sites. And whereas, multiple myeloma currently affects more than 100,000 people in the United States with an estimated 20,000 new cases diagnosed each year and 10,000 losing their battle each year. And whereas, once a disease of the elderly, it is now being found in increasing numbers of people under age 65. And whereas, because myeloma is a rare disease, there can be a delayed diagnosis leading to delayed treatment. For this reason an increased awareness of myeloma for clinicians and the general public will lead to earlier diagnosis allowing people to live longer. And whereas, continued investment and innovation is critical to achieve early diagnosis and implement the most effective and safest treatments for myeloma patients. And whereas, although we have seen important advances in the last decade, there is still no cure for myeloma. Thus, the City of Shawnee, Kansas is committed to finding a cure for myeloma and supports the treatment of its citizens that suffer from myeloma and encourages private efforts to enhance research funding and education programs. Therefore, I, Jeff Meyers, Mayor of the City of Shawnee, Kansas, do hereby proclaim the month of March 2013 as Myeloma Awareness Month in the City of Shawnee, and encourage all residents to join me in participating in voluntary activities to support myeloma education and the funding of research programs to find a cure. MS. NINCI: Thank you, Mr. Mayor. MAYOR MEYERS: Thank you. MS. NINCI: I really appreciate it. MAYOR MEYERS: Very much. And we will get a picture and then you can make any comments that you wish. is there anything you would like to say, Pat, to the audience? MS. NINCI: Well, thank you very much for this attention. The proclamation really says quite a bit about myeloma. I am fortunate. I am a seven year survivor at this point in time. And nowadays with the advance treatments, we have people surviving 20 years. And so its chronically, or excuse me, it s rapidly becoming a chronic disease in the same way that diabetes is a chronic disease. Not curable, but highly treatable. And it has many flavors and it affects different patients differently. But we just had two new drugs approved within the past six months. So, that s good. And so we really appreciate the effort of attention and awareness and to get more research done. So, that s a good thing. MAYOR MEYERS: Very good. Thank you.

4 1 Page 4 (Applause) CITY COUNCIL MINUTES February 11,2013 Journal Page #14783 MAYOR MEYERS: Being a teacher and also a health teacher, I learned something tonight. I told Pat, I said I wasn t aware of myeloma. And so now Ill be able to go back to school and talk to some of my students about this and do a little bit more research and better understanding. So, again, we appreciate you being here. MS. NINCI: Well, one thing. If you do research, don t believe the statistics, because they reall outdated now with our newer treatments. MAYOR MEYERS: Well, I have a copy of the proclamation. class with me. I be able to take that to MS. NINCI: Thank you. MAYOR MEYERS: Thank you. 2. Peace Day Proclamation MAYOR MEYERS: At this time, if I could have Neil Holman come fonnard. Besides Neil being our Parks and Recreation Director, he is also the Shawnee Rotary Club President. Good evening. And we have a proclamation that were going to read for the members of the Rotary Club. From the Office of the Mayor of Shawnee, Kansas. Whereas, members of the Rotary Club of Manhattan and Manhattan Konza Rotary Club will host a Peace Forum, Peace Through Service, on Saturday, February 23,2013, from 8:00 a.m. to 3:00 p.m. at Kansas State University Leadership Studies Building. And whereas, said Peace Forum provides participants with real examples of how all can contribute to promoting peace in their homes, schools and workplaces. And whereas, the Peace Forum will empower participants to reach out to the needy and impoverished across the globe to create a more peaceful world. And whereas, attendance is encouraged for all Kansas citizens to promote peace in our community, our state, our country and our world. And whereas, the City of Shawnee supports and contributes to community efforts to promote peace. Therefore, I, Jeff Meyers, Mayor of the City of Shawnee, Kansas, do hereby proclaim Saturday, February 23,2013, as Peace Day in the City of Shawnee, Kansas. MR. HOLMAN: Thank you. MAYOR MEYERS:Thank you, Neil. (Applause) MAYOR MEYERS: Anything you need to add? MR. HOLMAN: No. Just on behalf of the Shawnee Rotary Club, thank you very much. MAYOR MEYERS: Thank you. Very good. I was just notified that we have a boy scout in the audience tonight. Would you like to please stand and state your name and what troop you re from?

5 1 CITY February Page 5 COUNCILMINUTES -,MR.,O KEEFE: l m PatrickO Keefe. m fromtroop 186. MAYOR MEYERS: Very good Ȧnd you re here doing a merit badge? MR. O KEEFE: Yes. 11, 2013 Journal Page #14782 MAYOR MEYERS: Very good. Well, thank you for being here and were glad that you re attending and hope you learn something. Hopefully you already did learn something from the proclamation. Thank you for being here. That s all I have under Mayor s Items. E. PUBLIC ITEMS 1. ConductPublic Hearing to Consider the Annual Performance and Evaluation Report for the 2012 Community Development Block Grant Funds. MAYOR MEYERS: Now, we move to Item E, Public Items. Item Number 1 is to Conduct Public Hearing to Consider the Annual Performance and Evaluation Report for the 2012 Community Development Block Grant Funds. COUNCILMEMBER KUHN: Move to conduct a public hearing. COUNCILMEMBERPFLUMM: Second. MAYOR MEYERS: A motion has been made and seconded to conduct a public hearing. All in favor, signify by saying aye. - COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) We are now in a public hearing. This is a formal public hearing required by law. The hearing will begin with the presentation by Mr. Chaffee. After the presentation, the Council will hear comments from the public. Following public comments, the Council will close the public hearing and discuss the issue amongst themselves and then take whatever action they deem appropriate. If anyone from the audience would like to speak during the public hearing, please raise your hand and I will recognize you to come forward. As I stated earlier, in order to have an accurate record of the meeting, when you come fon/vard to speak, please state your name and address. Following your comments, please sign the sheet to the left of the podium. In order to have an orderly hearing, all comments must be made at the microphone and limited to five minutes. No person shall speak more than twice to A any one issue. Mr. Chaffee. MR. CHAFFEE: Paul Chaffee, Director of Planning. l have a quick PowerPoint to go through to highlight the information that s provided in the CAPER on the Community Development Block Grant Program.

6 m Page 6 CITY COUNCIL MINUTES February 11,2013 Journal Page #14781 First of all, the purpose of the hearing is to review projects undertaken during And the CAPER is a document acknowledged by the governing body and fon/varded to the Department of Housing and Urban Development activities include activities in three different areas. The first was Human Service providers. And they spent $25,380. YMCA and Johnson County Park and Recreation spent all of their 2012 funds. Subsidized childcare scholarships were provided to 54 low income Shawnee children. The Salvation Army made no request for reimbursement for subsistence payments in However, requested $4,953 in January of 13, using the remainder of their 2011 and 2012 funds serving 64 persons. Also activities included infrastructure improvement. And the infrastructure improvement in the 2012 grant is the Phase II of the Edgewood and Larsen.Project. Bids were received on this project on February 15,2013, and the project is expected to be completed in spring of 13. The third prong of the CDBG Projects is the Johnson County Minor Home Repair Program, They spent their remaining $3,600 sorry, $3,860, providing rehabilitation services to two homes from their 2011 funds. Seven homes have been selected to receive 2012 funds. Actions to be taken. Receive any input from the public, conclude the public hearing and accept the 2012 Consolidated Annual Performance and Evaluation Report. Did you have any questions? MAYOR MEYERS: Any questions from the Council for Mr. Chaffee at this time? Thank you, Mr.Chaffee. Is there anyone from the audience that would like to speak to this item? Seeing none, l accept a motion to conclude the-public hearing. COUNCILMEMBER SAWYER: Move to conclude the public hearing. COUNClLMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to conclude the public hearing. All in favor, signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) is there any other discussion that needs to be made by the Council at this time? 2. Accept the 2012Consolidated Annual Performance Report and Evaluation COUNCILMEMBER SANDIFER: Make a motion -- MAYOR MEYERS: If not, Illaccept a motion. COUNCILMEMBER SANDIFER: l ll make a motion to accept the 2012 Consolidated Annual Performance and Evaluation Report.

7 I I - this H a Page 7. COUNCILMEMBER PFLUMM: Second. CITY COUNCIL MINUTES February 11, 2013 Journal Page #14780 MAYOR MEYERS: A motion has been made and seconded signify by saying aye. on this item. All in favor, COU_NC LMEMBERS: Aye. MAYOR MEYERS: Opposed no-. Motion passes. (Motion passes 8-0) Now, we l -- Ms. Kuhn? COUNCILMEMBER KUHN: Just a notation for 2014 as we re going in it. If we could still ask that staff does look somewhat at their ability to use the CDBG funds as potential matching for some of the economic gardening tools that we looked at. Just as were going into that budget cycle, we keep that at the forefront of potential uses. MAYOR MEYERS: Very good. F. BUSINESS FROM THE FLOOR Any othercomments? MAYOR MEYERS: At this time, we move to Item F, Business from the Floor. Is there anyone from the audience that would like to bring business from the floor tonight? Please come fon/vard. COUNCILMEMBER PFLUMM: Just remember of minutes. the KU KState game is on in a couple MAYOR MEYERS: Good evening. please. Ifyou ll state your name and address for the record, MR. LAUER: Good evening. Tony Lauer. (Address Omitted). MAYOR MEYERS: Thank you. MR. LAUER: I just had a prepared statement, so l ll try to keep this real brief. The attack on Crimson Ridge common areas has been a nightmare for my neighbors and my family. After extensive searches of county records, l ve identified other neighborhoods in Shawnee with the potential to go through similar nightmares. Every government agency that l ve been in contact with says the City can help. Im here again to ask for your help. Here is one of many stacks of documents that I received from Freedom of Information Act requests. This stack, at a cost of $114.15, contains comments submitted to the U.S. Army Corps of Engineers regarding the Crimson Ridge mitigation bank proposal. This includes comments from neighbors within Crimson Ridge, other concerned Shawnee residents and other government agencies. Overwhelmingly, other members of the inter agency review team opposed this project with the exception to the City of Shawnee. Here are comments from the federal agencies that are reviewing this proposal. I don t know if I can just submit these for the record or I can how do I -- agency is the Department of Interior, Fish and Wildlife Service. They say that they have substantial reservations about the likely success of the proposed bank. They have concerns with the surrounding residential subdivision that it may preclude some restoration techniques for the effective success. They have

8 CITY obviously, the don t We Page 8 T COUNCIL MINUTES February 11, 2013 Journal Page #14779 issues with the easements, the many utility easements, and that was also commented on by the City of Shawnee report as well. They re opposed to any transfer of ownership, and that s one of the things that was discussed with the mitigation bank, that it be eventually transferred to the Homes AssociationṬhey re saying that theyre concerned about the probability of the bank s success, the qualifications of the bank s sponsor and that the restoration of the bank site would be difficult. The comments go on and to conclude, the service Fish and Wildlife Service is reluctant to give our endorsement for it to move forward in the approval process. And then moving, on to the EPA comments real quickly, they have both administrative and technical concerns, significant risk. Its not been demonstrated that that project will generate sufficient environmental lift. The work required would cause more adverse impacts thancredits that would be available to the site. The EPA recommends that the sponsor not move forward with developing an instrument and withdraw the site for consideration as a mitigation bank. The EPA also recommends that if this site is withdrawn, it should be not used for a future (inaudible) site or a future (inaudible) responsible mitigation site. I On July 9,2012, my friend and neighbor said it best. don t want this. Nobody wants this. Please stop this. I think that s evident also by the many governmental agencies that Ive spoken to. Based on that, I would like to request your assistance and request amendment to the zoning ordinance by providing definitions to mitigation bank and mitigation banking and also to specify that mitigation banking is not permitted in the planned single family district by right, with the exception to mitigation banks approved as part of planned unit developments. COUNCILMEMBERSANDIFER: Can we put that to a committee meeting and check -- and discuss that and bring it up? CITY MANAGER GONZALES: Im not sure there s a lot to discuss on it. We can - - can get a response back that I cant have a response tonight. I COUNCILMEMBER SANDIFER: Okay. CITY MANAGER_GONZALES: But I think we ve talked about this issue many times, but COUNCILMEMBER SANDIFER: Okay. Thank you. MAYOR MEYERS: That s -- MR. RAINEY: One thing to consider is whether a change in zoning would affect the status of existing properties and uses that are not. And that is something that would be researched. Perhaps Mr. Lauer s research of legal issues is a question involved in that, but I have not not considered all (inaudible). MR. LAUER: The only reference point Im sorry. The only reference point that I have -- is that I know a couple weeks ago there was some discussion about, I think it was maybe a payday loan or some other establishment and there were changes to the zoning to, well, to control what was going on with a property. And that was used as my reference point. I don t know if I have all the details correct. But there were changes to the zoning ordinance to handle that and make sure that, you know, the City s desires were being met.

9 I I A different 1 Page 9. CITY COUNCIL MINUTES February 11, 2013 Journal Page #14778 MAYOR MEYERS: And again, Im not don t have enough experience to understand it. Or, Mr. Rainey, if this is-an existing situation that has been moving forward whether - any type of - change would CITY MANAGER GONZALES: It would take a lot of additional research to come up with that answer. Whether we would ever have a reason answer unless -- MR. RAINEY: You know, there s factual questions. And I think were questions both COUNCILMEMBER PFLUMM: Well, m with Mr. Sandifer. I think it -- we want some research and bring it back to a committee meeting. MR. LAUER: And I think my position at this point is before it was, you know, myself -- and my neighbors telling you we don t want this. And now -- MAYOR MEYERS:Well, and I guess that s where a lot of this different confusion comes in, because - there were different peoples groups of people that had differentviews -- MR. LAUER: Correct. MAYOR MEYERS: - MR. LAUER: Sure. on this situation. MAYOR MEYERS: And then, of course, the City tried to step in and help. And I thought we did. I thought it was a really good organizational meeting. MR. LAUER: Itwas. And lwas looking fonnard to the -- MAYOR MEYERS: And I thought some great things came out of it. MR. LAUER: Yes. - MAYOR MEYERS: And then we had another meeting in August and with the Homes Association and the lawyers and Mr. Rodrock and Mr. Flick. No, Mr. Flick. Not Mr. Rodrock. Mr. Heaven. And it sounded like everything went very well. And then we ve heard nothing until we just saw an , or at least on my behalf, I just saw an e maii last week that was sent -- MR. LAUER: Exactly. MAYOR MEYERS: -- that there was something going on. MR. LAUER: Exactly. MAYORMEYERS: And then since then, Ive heard from another resident that had an e mai going to the Homes Association President saying, here we go again. MR. LAUER: Exactly.

10 go that s 1 gratitude and Page 10 CITY COUNCIL MINUTES February 11,2013 Journal Page #14777 MAYOR MEYERS: We need to know what s going on. People aren t giving us information. And from a City standpoint -- MR. LAUER: Uh huh. -- MAYOR MEYERS: that makes it extremely difficult for us to be involved in the item a whole lot further than we ve been, because it s, again, my belief is this is an itemvthat is between Crimson Ridge homeowners -- MR. LAUER: Uh huh. MAYOR MEYERS: Mr. Rodrock and Mr. Heaven and the group that it trying to bring forth this mitigation project. MR. LAUER: Uh huh. MAYOR MEYERS: You know, we ve been trying -- helpful as we possibly can. Ijust dont know -- we ve tried to be as involved and MR. LAUER: And I do greatly appreciate that. And its apparent to me that there has been significant effort to put together the meeting, to get clarification. And when I walked out of the meeting, I recall, you know, being optimistic that we were going to work together. And I believe, you know, we met in the parking lot and I expressed my -- MAYOR MEYERS: Right. MR. LAUER: - -- MAYOR MEYERS: Right. MR. LAUER: -- because it seemed like we were moving forward. MAYOR MEYERS: Yeah. MR. LAUER: That we were going to have the task force and that, you know, we were -- we d start at that point working together. Since then it has not worked out. We have not had a task force meeting. A lot of the key points that have been, you know, points of contention amongst the ownership group of the common area and Crimson Ridge have not come to fruition. So, thats where things have fallen apart. So, I suppose, you know, in talking to these various government agencies, what I hear overwhelmingly is - talk to the City, go talk to the City. So perhaps they re making it your problem. But thats what they keep telling me is go the City. This is a zoning issue. This is an issue that what m being told. CITY MANAGER GONZALES: It appears that the,excuse me. I mean, the process is working exactly as it should. The Corps has this public notice period. It looks like they re getting feedback. Weve provided our feedback basedon what is our purview. MR. LAUER: Sure.

11 h > CITY Page 11 COUNCIL MINUTES February 11,2013 Journal Page #14776 CITYMANAGER GONZALES: These other agencies have provided their feedback. And it will be the Corps decision-making process and ultimately they re the ones that A make the decision. MR. LAUER: Okay. Okay. G. STAFF ITEMS 1. Consider an Agreement for the Purchase of a 2013 Pierce Velocity Pumper and a Resolution of Intent Authorizing and Approving a Lease Purchase Agreement with Bank of Blue Valley for Financing of the Purchase. Approve and Authorize the Mayor to Sign the Purchase Agreement with Pierce Manufacturing, Inc. for a 2013 pierce Velocity Pumper with a Purchase Price of $647, Adopt a Resolution Approving and Authorizing the Execution and Delivery of a Municipal Lease Agreement with Bank of Blue Valley for Financing of the Fire Truck. MAYOR MEYERS: Is there anyone else that would like to bring business from the floor tonight? Seeing none,we move to Item G, Staff Items. Item Number 1, Consider an Agreement for the Purchase of a 2013 Pierce Velocity Pumper and a Resolution of Intent Authorizing and Approving a Lease Purchase Agreement with Bank of Blue Valley for Financing of the Purchase. COUNCILMEMBER KUHN: Move to approve and authorize the Mayor to sign the purchase agreement with Pierce Manufacturing, Inc. for the 2013 Pierce Velocity Pumper with a purchase price of $647, COUNCILMEMBER SANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? is there anyone from the audience that would like to speak to this item? Seeing none, all in favor, signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) MAYOR MEYERS: Item B. COUNCILMEMBER KUHN: Move to adopt a resolution approving and authorizing the executionand delivery of a municipal lease agreement with Bank of Blue Valley for financing of the fire truck. And if approved, a Resolution Number being assigned. COUNCILMEMBER SANDIFER: Second.

12 Page 12 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14775 MAYOR MEYERS: A motion? has been made andseconded on this item. Any further discussion from the Council? is there anyone from the audience that would like to speak to this item? Seeing none, all in favor, signify by saying aye. COUNCILMEMBERSZAye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) (Having passed Resolution 1693 was assigned.) 2. Consider Revisions to Policy Statement (PS-45), Fees Aquatic Centers. for Shawnee MAYOR MEYERS: Item Number 2 is to Consider Revisions to Policy Statement (PS- 45), Fees for Shawnee Aquatic Centers. Policy Statement (PS 45)sets membership and daily admission fees for the Aquatic Centers. Staff is proposing a daily twilight fee in order to increase attendance at the facilities from six p.m. to eight p.m., Monday through Friday. COUNCILMEMBERSAWYER: I would move that we amend the Policy Statement 45). (PS- COUNCILMEMBERKUHN: Second. MAYOR MEYERS: A motion has been made and seconded on this item. Further discussion from the Council? is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify saying aye. COUNCILMEMBERSI Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 3. Consider Authorizing the Mayor to Execute a Warranty Deed to Convey City Property to the Johnson County Parks and Recreation District. MAYOR MEYERS: Item Number 3 is to Consider Authorizing the Mayor to Execute a Warranty Deed to Convey City Property to the Johnson County Parks and Recreation District. Staff has been working with Burlington Northern Santa Fe (BNSF) Railway to permanently close the 71st Street crossing. The three tracts of ground that are served by the crossing are owned by BNSF, Johnson County Parks and Recreation District and the City. The attached agreement would convey the Citys property to JCPRD to facilitate closure of the railroad crossing. COUNCILMEMBER PFLUMM: Move for approval. COUNCILMEMBER SANDIFER: Second. COUNCILMEMBER DISTLERI Second.

13 V actually Page 13 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14774 MAYOR MEYERS: discussion from the Council? Ms.-Kuhn? A motion has been made and seconded on this item. Any further COUNCILMEMBER KUHN: Only to say that Im really happy to see something moving fon/vard with this. I remember going with Mr. Sandifer eight years ago, I think during our first term, to a number of residents homes -- COUNCILMEMBER SANDIFER: Uh-huh. - COUNCILMEMBER KUHN: and talking to them about it. I remember going a year after that and the year after that. COUNCILMEMBERSANDIFER:Watching the paint shake off their houses. KUHN: COUNCILMEMBER Exactly. And knowing that sometimes unfortunately government moves a lot slower than wed like it to. But l m really very, very proud to have been part of the group, but more importantly proud of our staff -- COUNCILMEMBER SANDIFER: Uh-huh. COUNCILMEMBER KUHN: -- who never let this go away. That even when it seemed like they couldnt get somewhere with it, they just kept plugging along and plugging along to get somewhere. I know Mark Sherfy is so sick to death of hearing from me about quiet zones he could gag. So, I appreciate seeing something tangible come from that. -_ MAYOR MEYERS: Any other comments? Mr. Sawyer? COUNCILMEMBERSAWYER: Yeah. The only thing is, I don t see in here that this will actually get it done. CITY MANAGER GONZALES: It s just one step. COUNCILMEMBERKUHN: Just one more step. CITY MANAGER GONZALES: Mr. Freyermuth can speak to what else is required. MR. FREYERMUTH: Ron Freyermuth, Public Works Director. And this doesnt really achieve the final goal of stopping the horns yet, but this is one of the steps. The next step that should be coming to Council, I would hope in the next few months, even at the - most is a petition, official petition to vacate 715 Street. And also a a little bit before that, but probably will be pretty much at the same time some easement agreements to actually give the City a crossing right for just a mu ti purpose trail, pedestrian/bike trail, which we still would like to make sure and have in the general vicinity. It won t be right at 715 Street. But those are kind of the last two steps with this step that will then allow the Burlington Northern Santa Fe Railroad to stop blowing the horns at that location at 715 Street. Still need the two other crossings, but at least it will reduce one of the three in that one-half mile portion of their tracks.

14 they ve theyre Page 14 CITY COUNCIL MINUTES And so we re stillapproximately stillhow - COUNCILMEMBERSAWYER: months or years out before they actually do quit blowing their horn? _ Journal Page #14773 many MR. FREYERMUTH: Well, as I say, m hoping, and we ve had good discussions with Burlington Northern Railroad. And Johnson County Parks and Rec is involved in this, too, since they also own land on the east side of the tracks. But we ve had good discussions in recent months, and I think that we willsee the petition in the next, I hope, 30 to 60 days along with the easement agreement too that those are all -- - both tied together. So, we need to see both at the same time.. And its a little difficult situation for Burlington Northern. Its not typical by any means of what they would do to allow a pedestrian crossing easement as somewhat of a trade for a closure of a crossing. But we worked very well with us on this, and I think we are in a good position to see that petition in the next, as I say, 30 to 60 days, I hope. And then m not real sure, as far as that goes, of what Burlington Northern s rules are with the Federal Railroad Administration on how quickly they stop the train horns after the vacation. But if we can vacate the rlght of-waythat does at least allow the railroad then to do the steps they need to stop blowing the horns. COUNCILMEMBERSAWYER: Thank you. MAYOR MEYERS: Thank you, Mr. Freyermuth. MR. FREYERMUTH: Thank you. MAYOR MEYERS: Any other question or comments from the Council? is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNC LMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) February11, Consider an Agreement with Johnson County Park and Recreation District to Acquire Property at 63 and Lackman Road. MAYOR MEYERS: Item Number 4 is to Consider an Agreement with Johnson County Parks and Recreation District to Acquire Property at 63rd and Lackman Road. Johnson County Parks and Recreation District has leased 2.44 acres immediately adjacent to Swarner Park at 63 Street and Lackman to the City for use of a public park. The current lease agreement has a term of 25 years with the option for an additional 25 years. The proposed addendum to the agreement would transfer ownership of the property from JCPRD to the City in the future.. COUNCILMEMBERSANDIFER: Move for approval. COUNCILMEMBERDISTLER: Second. COUNCILMEMBERKUHN: Second.

15 I I A Journal Page 15 CITY COUNCIL MINUTES February 11, W Page #14772 MAYORMEYERS: A motion has been made and seconded on this item. Any further. from the Council? _MrṢawyer? discussion COUNCILMEMBER SAWYER: This is just a transfer of land, right? Or are there -- CITY MANAGER GONZALES: Yes. At such time that the bonds are paid off, the county willconvey thatproperty to us officially. COUNCILMEMBER SAWYER: All right. Thanks. MAYOR MEYERS: Any other questions or comments?is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) H. MISCELLANEOUS ITEMS 1. Ratify the Semi-Monthly Claim for February 11, 2013, in the Amount of $1,233, MAYOR MEYERS: Item H is Miscellaneous Items. Item Number 1 is to Ratify the Semi-Monthly Claim for February 11,2013, in the Amount of $1,233, COUNCILMEMBER PFLUMM: Move for approval. COUNCILMEMBER KUHN: Move for approval. COUNCILMEMBERSANDIFER: Second. CMAYORMEYERS: A motion has been made and seconded on this item. Any further discussion from the Council? Is there anyone from the audience that would like to speak to this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. Motion passes. (Motion passes 8-0) 2. MISCELLANEOUS COUNCIL ITEMS. MAYOR MEYERS: Item Number 2 would be Miscellaneous Council Items. Mr. Sawyer. COUNCILMEMBER SAWYER: Yes. I was at a planning meeting for the Irish parade and Detective Virgil Henson was there. And they re working with the Irish parade people and they re going to have a heroes pull for Special Olympics. And basically he threw down a gauntlet. And. said I think we can come up with some peoplethat might

16 I Page 16 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14771 get involved. But I think between the Council and the City Hall staff, we ought to put a team together and enter their heroes pull... COUNCILMEMBERSANDIPER: But you want little guys. COUNCILMEMBERSAWYER: I think, you know, last year, you know, all the big guys, and Virgil s a fairly good sized gentleman. But I think the Police Command Staff is the one that won it and they were little guys. My theory is I would, I mean, I would prefer, MAYOR MEYERS: That cuts me out. COUNCILMEMBERKUHN: There s green in his eyes. COUNCILMEMBERSAWYER: No, they re not getting -- it s not trained. All you got to do is get it to move. All you need is more feet on the ground. But I m kind of throwing down the challenge that, hey, I think we ought to raise some money and support the Special Olympics. And this is one wayour Police Department has got involved in it and the Fire Department is involved. And I thinkwe ought to show support. COUNCILMEMBER SANDIFER: And the reason for a lot of feet is because there s supposed to be a certain amount of weight on each side, is that correct? COUNCILMEMBERSAWYER: No. t s not a tug-of-war. I mean,you re pulling a truck. COUNCILMEMBER SANDIFER: Okay. COUNCILMEMBER SAWYER: t s - 1,000 to 1,500 pounds. Now, I grant you you somebody has to say how much they weigh. grant COUNCILMEMBER KUHN: Well, in that case l just help you raise some money. COUNCILMEMBER SAWYER: But, you know, Id be glad to work on helping get a team together and maybe Michelle will help. Well come up with a team and maybe some City staff will want to get involved. But I think we ought to help him raise some money. MAYOR MEYERS: Very good. COUNCILMEMBER SAWYER: Last year, it was rather wet. It rained all the time they were doing it. But I m predicting this year it libe a beautiful day. MAYOR MEYERS: Great. I think it s a great idea, Mr. Sawyer. Any other Miscellaneous Council Items? 3. Conduct Executive Session for the Purpose of Discussing a Personnel Matter (City Manager Evaluation and Contract Discussion). MAYOR MEYERS: Seeing none, we ll go to Item Number 3, which is to Conduct an Executive Session for the Purpose of Discussing a Personnel Matter (City Manager

17 again, it Page 17 CITY COUNCILMINUTES. February 11, 2013 Journal Page #14770 Evaluation and Contract executive session for about 15 minutes. COUNCILMEMBERSANDIFER: So, be it. COUNCILMEMBER KUHN: So moved. MAYOR MEYERS: MS. RAINEY: I think we should Discussion). The first action we dneed is to recess to an Second. A motion has been made and secondedto -- include the dissertation for it, which is consideration of a personnel matter not involving a -- or-- yeah. Not involving an elected official. And - second, that the that the is for this limited purpose of discussion of the personnel matter.. MAYOR - MEYERS: Ms. Kuhn, would you include the just what I read? COUNCILMEMBERKUHN: I think Mickey ended up being the motion -- COUNCILMEMBERSANDIFER: Yes, lwould. MAYOR MEYERS:Or, Mister -- Im sorry. COUNCILMEMBERKUHN: -- and I would amend my second. MAYOR MEYERS: Mr. Sandifer. COUNCILMEMBER SANDIFER: Yes, lwould. MR. RAINEY: And I raise that, because shall include. the state statute specifically says the motion MAYOR MEYERS: Very good. MR. RAINEY: Thank you. MAYOR MEYERS: You want toread it one more time? Read Item Number 3. COUNCILMEMBER SANDIFER:Motion to Conduct an Executive Session for the Purpose of Discussing a PersonneI[sic] Matter (City Manager Evaluation and Contract Discussion). And a) Recess to Executive Session for a specific period of time, which is 15 minutes. COUNCILMEMBERKUHN: So amended my second. MAYOR MEYERS: Thank you. We have a motion and second to recess to Executive Session, Allin favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes8-0) We will now recess.

18 Journal V 1 Page 18 CITY COUNCIL MINUTES February 11, 2013 Page #14769 (City Council in Recess MAYOR MEYERS: from8:05 p.m. to 8:51 p.m.) COUNCILMEMBERKUHN: So moved. Session. Illaccept a motion to conclude the Executive COUNCILMEMBERSANDIFER: Second. MAYOR MEYERS: A motion has been made and seconded to conclude the Executive Session. All in favor signify by saying aye. COUNCILMEMBERS:Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) Let the record show that the Executive Session length was actually 45 minutes. -We were 30 minutes longer than what we had expected. At this time, I would accept a motion, Mr. Sandifer. COUNCILMEMBERSANDIFER: l d like to make -- l d move to Amend the City Manager s Contract to Reflect an Increase to Base Pay from $138,600 to $145,530, as Increase in the Annual Contribution to the City s Deferred Compensation Program from $10,000 to $15,000, and Continuation of Car Allowance at $8,200 Per Year, effective March 15,2013. MAYOR MEYERS: Is there a second to that motion? COUNCILMEMBERNEIGHBOR: Annual review. COUNCILMEMBERPFLUMM: That doesn t have to be in the motion. COUNCILMEMBERNEIGHBOR: Okay. COUNCILMEMBERKUHN: We need a second. COUNCILMEMBERWILLOUGHBY: I second it. MAYOR MEYERS: A motion has been made and seconded on this item. call vote. Mr. Neighbor? I will do a roll COUNCILMEMBER NEIGHBOR: Yes. MAYOR MEYERS: Mr. Pflumm? COUNCILMEMBERPFLUMM: No. MAYOR MEYERS: Mr. Willoughby? COUNCILMEMBERWILLOUGHBY: Yes. MAYOR MEYERS: Mr. Sawyer?

19 V the no, Page 19 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14768 COUNCILMEMBER SAWYER:Yes. MAYOR MEYERS: Ms. Kuhn? A COUNCILMEMBER KUHN: Aye. MAYOR MEYERS: Mr. Vaught? COUNCILMEMBER VAUGHT: Aye. MAYOR MEYERS: Mr. Sandifer? COUNCILMEMBER SANDIFER: Aye. MAYOR MEYERS: Ms. Distler? COUNCILMEMBER DISTLER: Aye. MAYOR MEYERS: Ayes have it, 7-1. Motion passed. (Motion passes 7-1) COUNCILMEMBER KUHN: Jim would like to.comment (inaudible). COUNCILMEMBER SANDIFER: Motion -- COUNCILMEMBER NEIGHBOR: My whole this was this Thanks. 1 l save it for later. MAYOR MEYERS: Okay. That s all we have on -- J. ADJOURNMENT COUNCILMEMBER SANDIFER: Motion to adjourn. COUNCILMEMBER PFLUMM: Second. - MAYOR MEYERS: items. And we have a motion and second to adjourn. All in favor signify by saying aye. COUNCILMEMBERS: Aye. MAYOR MEYERS: Opposed no. (Motion passes 8-0) We are adjourned. (City Council Adjourned at 8:54 p.m.)o

20 Page 20 CITY COUNCIL MINUTES February 11, 2013 Journal Page #14767 CERTIFICATE I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter. /das February 19, 2013 Deborah A. Sweeney, Recording Secretary APPROVED BY: Ilia rmn_.. Keith D. Campbell, City Clerk