CITY OF SHAWNEE
CITY COUNCIL MEETING
AUGUST 25, 2008
Mayor Meyers called the meeting to order at 7:30 p.m. in the Shawnee City Hall Council
Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed
by a moment of silence.
Councilmembers Present Staff Present
Councilmember Scott City Manager Gonzales
Councilmember Pflumm Assistant City Manager Charlesworth
Councilmember Sawyer Deputy City Clerk Powell
Councilmember Goode City Attorney Rainey
Councilmember Kuhn Assistant City Attorney Rainey
Councilmember Straub City Engineer Wesselschmidt
Councilmember Sandifer Public Works Director Freyermuth
Councilmember Distler Planning Director Chaffee
Police Chief Morgan
Fire Chief Hudson
Parks and Recreation Director Holman
Finance Director Kidney
Senior Project Engineer Lindstrom
Traffic Engineer Sherfy
Members of the public who spoke: (Item 10) DAVE MACGILLIVRAY, Springsted; (Item 12)
BART COHN, 4960 Widmer, BILL PARK, 4985 Widmer, ROB KAMPEN, 4861 Constance; thand (Business from the Floor) GEORGE MILLS, 10517 W. 49 Street.
1. APPROVE MINUTES OF THE CITY COUNCIL MEETING OF AUGUST 11,
2. REVIEW MINUTES OF THE PLANNING COMMISSION MEETING OF
AUGUST 4, 2008.
3. REVIEW MINUTES OF THE PARKS AND RECREATION BOARD MEETING
OF MAY 1, 2008.
4. CONSIDER S-172-08-08, A SIGN VARIANCE REQUEST FOR COLOR FOR
ALLSTATE AT 10930 WEST 74TH TERRACE.
5. CONSIDER CEREAL MALT BEVERAGE LICENSE FOR THE SALE AND
CONSUMPTION IN THE DOWNTOWN PEDESTRIAN DISTRICT FOR THE
WHEELS AND DREAMS CAR AND BIKE SHOW ON SEPTEMBER 14, 2008.
PAGE 2 CITY COUNCIL MINUTES AUGUST 25, 2008
Councilmember Sawyer, seconded by Councilmember Goode, moved to approve the entire
Consent Agenda. The motion carried 8-0.
6. RECOGNIZE MAGGIE MARX AS MISS AMERICAN KANSAS PRETEEN AND
ALLIE MARX AS MISS AMERICAN KANSAS SWEETHEART.
Mayor Meyers stated there are many outstanding youth in this community and he is
always glad to recognize them for their accomplishments. Maggie Marx won the title of thMiss America Pre-Teen 2008. She is a 6 grader at St. Joseph Grade School.
thAllie Marx won the title of Miss America Kansas Sweetheart in 2008. She is a 4 grader
at St. Joseph Grade School. He congratulated them both.
7. THE MAYOR MAY PRESENT OTHER ITEMS FOR CONSIDERATION.
There were no other Mayor‟s items.
8. CONSIDER RECOMMENDATION FOR APPOINTMENT TO THE
COMMUNITY CORRECTIONS ADVISORY BOARD OF THE JOHNSON
COUNTY DEPARTMENT OF CORRECTIONS.
Councilmember Sawyer, seconded by Councilmember Sandifer, moved to appoint Mark
Greene to the Community Corrections Advisory Board of the Johnson County
Department of Corrections for a term of two years from the official date of appointment.
The motion carried 8-0.
9. CONDUCT PUBLIC HEARING TO CONSIDER THE 2009 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND ANNUAL
Mayor Meyers stated the Council will conduct the first Public Hearing to consider
projects for the 2009 Community Development Block Grant (CDBG) application.
Councilmember Pflumm, seconded by Councilmember Sawyer, moved to conduct a
public hearing to consider projects for the 2009 Community Development Block Grant
(CDBG) application. The motion carried 8-0.
PAGE 3 CITY COUNCIL MINUTES AUGUST 25, 2008
Planning Director Chaffee stated this is the first of two public hearings the City is required to have for the Community Development Block Grant (CDBG) Program. The purpose of the first public hearing is to identify projects to be included in the grant application. The second public hearing which will be held in two weeks is to authorize the mayor to sign the application to be sent into HUD.
Planning Director Chaffee stated in fiscal year 2009, they anticipate receipt of approximately $226,000 which is down somewhat from past years, but as more cities get into the program and hit 50,000 in population, the Congress does not up the money available in the program, so the City‟s share gets a little smaller each time. He stated the grant application will be sent in, in November and the City should hear in February if the projects were approved. He stated all the projects being submitted, meet the requirements of approval, and are in the fifth year of their five year consolidated plan.
Planning Director Chaffee stated next year in addition to doing a grant application, they also let HUD know what they are looking forward to doing in the next five year period of time. A block grant program is a three pronged approach aimed to provide basic services and neighborhood improvements to low and moderate income residents in the City of Shawnee.
Planning Director Chaffee stated the first item is Human Service Recipients. In the past they have had three or four human service providers request funding and this year only have two: the Johnson County Parks and Recreation summer camp scholarships for $13,200 and the YMCA of Greater Kansas City for $12,500. He stated a lot of human service providers do not go the CDBG route because of the accounting and data collection requirements that are required. It gets very expensive for them to meet HUD‟s
requirements and obviously these two are larger organizations, very familiar with the program, and have done very well in the past with the CDBG funds.
Planning Director Chaffee stated the second prong is the Residential Rehabilitation Program. He stated the Department of Housing and Urban Development is interested in communities doing housing activities. As for the past five years, they are again recommending that $25,000 be used for the Minor Home Repair Program and Revitalization programs. He stated this program provides services to low income residents who may need electrical work, handicap work, and roofing work to their homes. They contract with Johnson County who does all the bidding and inspections for the minor home repair and revitalization component of the program.
Planning Director Chaffee stated lastly is Infrastructure Improvements. He stated when they turned in their application five years ago, they indicated they were looking to do streets and drainage work in the area northwest of City Hall and have completed work on Flint Street and King Street. He stated they did the streetscape in front of City Hall thwhich was two year‟s worth of funding. He stated 57 Terrace was recently completed. thHe stated 57 Street was approved last year and this year they are looking at a project ththat was included in the CIP, which is Barton from the 5600 Block down to 57 Street
PAGE 4 CITY COUNCIL MINUTES AUGUST 25, 2008
and sidewalks on the east side of Barton Road. He stated that pretty well finishes out the paving and street improvement work northwest of the City.
Planning Director Chaffee stated upon conclusion of the public hearing, the Governing Body will instruct the staff to place these projects into a grant application that will be brought back in two weeks.
Councilmember Goode, seconded by Councilmember Sandifer, moved to conclude the
public hearing to consider projects for the 2009 Community Development Block Grant (CDBG) application. The motion carried 8-0.
Councilmember Sawyer, seconded by Councilmember Sandifer, moved to approve the
three projects for the 2009 Community Development Block Grant (CDBG) program to include $175,000 for Barton Street Improvements between 55th Street and 57th Street, $25,000 for Minor Home Repair and Revitalization Programs, $13,200 for Johnson County Park and Recreation and $12,500 for YMCA of Greater Kansas City. The motion carried 8-0.
10. CONSIDER ADOPTION OF RESOLUTIONS AND ORDINANCES ACCEPTING
THE LOWEST BIDS AND AUTHORIZING THE SALE AND DELIVERY OF
INTERNAL IMPROVEMENT BONDS, SERIES 2008A AND REFUNDING
BONDS, SERIES 2008B AND 2008C.
Mayor Meyers stated that On July 28, 2008, the Council authorized setting the sale of General Obligation Bonds for Monday, August 25, 2008. Three series of bonds will be offered. Bids are scheduled to be opened on Monday, August 25, 2008 at 12:00 p.m. A memo from staff and copies of the resolutions and ordinances are included.
Finance Director Kidney stated there are nine separate items, so they have nine separate motions this evening. They had three series of bonds offered for public sale today and he is very pleased to report they received extremely good results. He reminded the Council the first series, 2008A, was in the amount of $7,045,000 for the Holliday Drive Improvement District from I-435 to Wilder, Shawnee Mission Parkway Phase III, Halsey to Pflumm, and the Renner Road Street Lighting at Midland Drive.
Finance Director Kidney stated they had done the Shawnee Mission Parkway original bond last year, but due to some settlement and legal issues, they did the second part on this bond issue. He stated they received eight (8) bids on this bond with the winning bid being 3.3656%. He stated last week‟s estimates were at 3.87%, resulting in $215,947 overall interest costs than what they anticipated.
Finance Director Kidney stated on the second one they split the refunding. They went back and looked at the 1998, 2000A, 2000B, and 2001 series and realized that the interest rates are at a current place where they could go out on today‟s market and get a better rate
to save a lot of cash flow. He stated the staff waited a little to this point, as earlier in the
PAGE 5 CITY COUNCIL MINUTES AUGUST 25, 2008
year they looked attractive for refunding, but that would have been called advanced refunding which would have cost the city even more. He stated it was a really good move on their part, because interest rates today are much better than what they would have received earlier this year.
Finance Director Kidney stated the current interest rates on the two issues for the 1998A‟s and 2000A‟s was 4.168% and 5.604%. He stated they received eight (8) bids on this particular one. He stated multiple bidders get together and form a syndicate on these types of bids, so there are actually 18 individual underwriters or banks who bid on these, as there was a lot of interest out there. They received an interest rate of 2.8482%, which is extremely low and very competitive. They ended up with actual present value savings of $383,534 on those bonds.
Finance Director Kidney stated the last series they did was 2008C, where they took 2000A (Partial), 2000B, and 2001A. He stated they can see the interest rate ranging from 5.604%to 4.074%. He stated they received seven (7) bids. There were actually 24 different people, including the syndicates and there was a huge amount of interest in their debt. They received a bid of 2.9199% and actual present value sales of $813,892. He stated that is very significant and he can not express how excited they were sitting around the table today with those bids.
Finance Director Kidney asked Dave MacGillivray from Springsted who is the City‟s financial advisor to attend this evening‟s meeting. Dave advised the staff on structuring
the bonds and will talk about the market conditions. Even more exciting is the recent Moody‟s ratings done on the City‟s bonds. He stated they were Aa3 going into this Wednesday. Moody‟s did a review and he and City Manager Gonzales sat in on a pretty intense phone call hoping to keep their current rating at Aa3 and were fortunate to be rated at Aa2.
Finance Director Kidney introduced Janet Garms with the City‟s bond counsel, Kutak Rock. He stated that Dave and Janet worked extremely long hours, as this is a very complicated issue with multiple refunding and the bonds to market. He stated they were not sure how the market was going to take the last minute changes, but they both worked very well together and he was very proud to work with them on this project.
DAVE MACGILLIVRAY, Springsted, Chairman, stated in summary relative to the interest rate market, municipal interest rates, like a lot of the capital markets, have been fairly chaotic throughout the year but in the last month or so they have really been trending down. He stated part of the results of what they see today were a result of the interest rates coming down. He mentioned if added together the two refunding issues their present value, in today‟s dollars net of all costs, realized for the City $1.2 million. He stated if they take that future value over time, net of all costs, it comes to $1.3 million so that is a good day‟s work in anyone‟s area.
Councilmember Goode stated he would like to commend everyone, including City Manager Gonzales, and the City staff for bringing them up to date. He thinks the people
PAGE 6 CITY COUNCIL MINUTES AUGUST 25, 2008
of Shawnee should be quite proud that they have done that, as far as that type of reduction.
DAVE MACGILLIVRAY stated part of the reason goes to the improvement in the City‟s credit rating from Aa3 to Aa2. He stated he will speak to a number of things in the rating report. A copy was distributed to the Council and his comments are highlighted. The report notes an Aa2 rating. He stated going to the headlines in the report, a growing tax base benefits from a healthy Johnson County economy. He stated one of the rating criteria is socioeconomics and Shawnee is certainly part of that and that expansion.
DAVE MACGILLIVRAY stated Page 2 shows sound financial operations with ample reserves, despite planned moderate draw downs. He stated in the past couple of years, but particular this year, they look at the General Fund balance and its level. He stated there has been some scheduled draw downs and it is informal City policy to keep it between 30-35%. He stated rating agencies like money in the bank, but despite the fact that it is going down, they still did the upgrade. He stated in terms of keeping the rating, he thinks operating within that window would be fairly essential.
DAVE MACGILLIVRAY stated lastly, above average but manageable debt levels reflect regional growth. He stated they understand if a city is in a growing situation they need to invest in their infrastructure and understand part of that is debt finance. He stated when they talk about debt levels; they are not only talking about the city, but talking about other jurisdictions that levy debt that affect the citizenry. He read: “The majority of the
city‟s overall debt burden reflects the following of Johnson County Unified School District No. 232 (DeSoto) general obligation rated A2.” He stated they take into
consideration school district and county debt.
DAVE MACGILLIVRAY stated he would say these days getting an upgrade is sort of swimming against the tide. He stated there are a lot of economic situations that are causing things to go in the other way. He stated rating agencies themselves have been subject to a significant criticism for inflated ratings, so they have been more reluctant than usual to do upgrades and he thinks that goes to the strength of the City‟s case.
DAVE MACGILLIVRAY stated Finance Director Kidney alluded to in his memo that they estimate the rating increase; the better credit rating reflected about $130,000 of reduced interest costs for the City for that upgrade in this one sale.
DAVE MACGILLIVRAY stated there was a fairly intensive interview by the rating agency and he would echo Finance Director Kidney‟s comments on the work of City Manager Gonzales, as well as Finance Director Kidney. He stated in a lot of cases credit rating outcomes are based on decision making. He thinks in large part, this goes to the decisions of past and current mayors and councils, because ultimately they make the decisions and this is somewhat weighing on that decision and speaks well of previous and current governing bodies.
PAGE 7 CITY COUNCIL MINUTES AUGUST 25, 2008
DAVE MACGILLIVRAY stated he would also like to echo the fine legal work from Janet Garms, Kutak Rock, and City Attorney Rainey. He stated they would recommend award to Wells Fargo for the first two transactions and Stifel, Nicolaus & Company for the third one.
Mayor Meyers thanked Mr. MacGillivray and Ms. Garms for all their work, along with all the fine work from the City‟s Finance staff, City Manager Gonzales, City Attorney Rainey, and all other staff who worked so diligently on this item. He stated he was just about ready to jump through the ceiling when he got the news and asked City Manager Gonzales what they have to do to get to the next highest level. He thinks this is extremely good news and something he was not expecting, nor does he believe something the Governing Body expected.
Councilmember Sandifer, seconded by Councilmember Goode, moved to adopt a
resolution accepting best bid for Series 2008A. The motion carried 8-0. Having been
adopted, Resolution 1552 was assigned.
Councilmember Sawyer, seconded by Councilmember Sandifer, moved to pass an
ordinance authorizing the issuance and delivery of $7,045,000 of General Obligation Bonds. The motion carried 8-0. Having passed, Ordinance 2909 was assigned.
Councilmember Sandifer, seconded by Councilmember Sawyer, moved to adopt a
resolution prescribing the form and details of $7,045,000 of General Obligation Bonds. The motion carried 8-0. Having been adopted, Resolution 1553 was assigned.
Councilmember Scott, seconded by Councilmember Sandifer, moved to adopt a
resolution accepting best bid for Series 2008B. The motion carried 8-0. Having been
adopted, Resolution 1554 was assigned.
Councilmember Scott, seconded by Councilmember Sandifer, moved to pass an
ordinance authorizing the issuance and delivery of $5,805,000 of General Obligation Bonds. The motion carried 8-0. Having passed, Ordinance 2910 was assigned.
Councilmember Scott, seconded by Councilmember Sawyer, moved to adopt a resolution
prescribing the form and details of $5,805,000 of General Obligation Bonds. The motion carried 8-0. Having been adopted, Resolution 1555 was assigned.
Councilmember Scott, seconded by Councilmember Goode, moved to adopt a resolution
accepting best bid for Series 2008C. The motion carried 8-0. Having been adopted,
Resolution 1556 was assigned.
Councilmember Scott, seconded by Councilmember Sawyer, moved to pass an ordinance
authorizing the issuance and delivery of $14,255,000 of General Obligation Bonds. The motion carried 8-0. Having passed, Ordinance 2911 was assigned.
PAGE 8 CITY COUNCIL MINUTES AUGUST 25, 2008
Councilmember Scott, seconded by Councilmember Goode, moved to adopt a resolution
a resolution prescribing the form and details of $14,255,000 of General Obligation Bonds. The motion carried 8-0. Having been adopted, Resolution 1557 was assigned.
11. CONSIDER PETITION TO VACATE PUBLIC RIGHT-OF-WAY FOR A
PORTION OF THE ALLEY IN BLOCK 30, ORIGINAL TOWN OF SHAWNEE
Mayor Meyers stated that the Amos Family, Inc. has submitted a petition requesting the vacation of a public right-of-way for a portion of the alley in Block 30, Original Town of Shawnee. If the petition to vacate is granted by the Governing Body, the public alley will become a dead-end roadway and the petitioner will need to create a new access easement.
Councilmember Sawyer, seconded by Councilmember Goode, moved to conduct a public
hearing to consider petition to vacate public right-of-way for a portion of the alley in Block 30, original Town of Shawnee (SAV-08-005). The motion carried 8-0.
City Engineer Wesselschmidt stated that Mr. Gregg Amos has presented a petition to the Governing Body requesting vacation of a portion of the above referenced plat, a 14.25 thfoot wide alley which is in the block bounded by Johnson Drive on the north, 59 Street
on the south, Bluejacket on the east, and Neiman Road on the west. The petition has been signed on behalf of Amos Family, Inc., who is the sole owner of the property joining this portion of the alley.
City Engineer Wesselschmidt stated in 1995, a 135 foot portion of the alley at the east end of the block was vacated to accommodate a previous expansion project and taken by Amos Family Funeral Home. This vacation created a dead-end roadway or alley coming down. To correct this situation, the property owner was required to establish an access theasement between the remaining portion of the public alley and 59 Street.
City Engineer Wesselschmidt stated the portion of the alley to be vacated is 69 feet long and situated at the east end of what currently remains of the platted alley. If vacated, the public alley will again become a dead-end roadway. Accordingly, the petitioner will need to create a new access easement as a condition for granting the vacation.
City Engineer Wesselschmidt stated the Notice of Public Hearing was published in the City‟s official newspaper on Wednesday, July 30, 2008, in compliance with Kansas State Statutes. As of this date, the City Clerk has not received any inquiries or written objections.
City Engineer Wesselschmidt stated a written notice of the proposed vacation was sent on July 23, 2008 to each utility company serving the area. As of this date, responses have been received from WaterOne, Kansas City Power & Light (KCPL), SBC/AT&T, and Time Warmer Cable.
PAGE 9 CITY COUNCIL MINUTES AUGUST 25, 2008
City Engineer Wesselschmidt stated WaterOne indicated that they do not have any facilities within the platted alley right-of-way and does not object to its vacation. He stated the other companies do, although it was determined that their facilities were not actually in the alley but adjacent to the alley.
City Engineer Wesselschmidt stated in reviewing this petition, staff has found that subject to either the reservation of a 7.5 foot wide public utility easement within the vacated right-of-way or the creation of a 15-foot private utility easement centered on the existing facilities, no private rights will be injured or endangered by granting the vacation, that the public will suffer no loss or inconvenience by such vacation, and that in justice to the petitioner, the vacation should be granted.
City Engineer Wesselschmidt stated that staff recommends that the petition be presented to the Governing Body tonight. Staff further recommends that after conducting a public hearing and due consideration, the Governing Body adopt an ordinance ordering the request for vacation, subject to the creation of a private utility easement as he previously discussed and subject to the creating of an access easement as discussed.
Councilmember Distler asked if this will have cars turning instead into the first entryway into the parking lot and then driving through the parking lot to get closer to Amos.
City Engineer Wesselschmidt replied that is correct. He stated they want to expand this building back into the alley so right now people could come down the alley or cut down through and come out to feed into the parking lot. He stated after the building would be expanded, the same movement would be made into the parking lot in that direction so it would be limited. He stated that is where they would provide a private access easement that would connect the dead-end alley down to the public street.
Councilmember Distler asked City Engineer Wesselschmidt if the staff is okay with this.
City Engineer Wesselschmidt answered yes.
Councilmember Sawyer, seconded by Councilmember Straub, moved to conclude the
public hearing to consider petition to vacate public right-of-way for a portion of the alley in Block 30, original Town of Shawnee (SAV-08-005). The motion carried 8-0.
Councilmember Sawyer, seconded by Councilmember Goode, moved to pass an
ordinance ordering the vacation of public right-of-way for a portion of the alley in Block 30, original Town of Shawnee (SAV-08-005), subject to the creation of a private utility easement and an access easement. The motion carried 8-0. Having passed, Ordinance
2912 was assigned.
COUNCIL ITEMS ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE
MEETING OF JULY 22, 2008
PAGE 10 CITY COUNCIL MINUTES AUGUST 25, 2008
12. CONSIDER 51ST AND SUMMIT INTERSECTION.
Councilmember Goode stated that this item was tabled at the August 11, 2008, City Council meeting before being heard. Several residents in the Sylvan Subdivision have requested a convex mirror be placed at the 51st Street and Summit intersection. The request was investigated by the Senior Project Engineer and the Traffic Engineer and presented and discussed at the Public Works and Safety Committee. The Committee recommended 3-1 that the Council not take any action related to installing the convex mirror or making any changes to the intersection.
Councilmember Goode, seconded by Councilmember Sandifer, moved to take no action stat this time and direct staff to continue monitoring the intersection at 51 and Summit for
Councilmember Pflumm stated this was not his committee so he did not attend the meeting, but does not think cost is not a real big factor on the mirror.
City Engineer Wesselschmidt stated the mirror was a minimal cost which he believes was somewhere around $200.00 for the purchase and installation, but the staff did not recommend a convex mirror. He explained their reasoning for making this recommendation. He stated pulling up to this intersection, there is adequate sight distance and the intersection was designed with adequate sight distance. He stated with what limited benefits if any a mirror would have, there may even be some detrimental effects.
Councilmember Pflumm asked City Engineer Wesselschmidt what detrimental effects could there possibly be – possibly a false sense of security.
City Engineer Wesselschmidt replied yes that, and if the mirror was located on the left-hand side to see if a car was coming on the right-hand side, a person would be looking to the left to see if a car was coming on the right. He stated that would mean relying on a mirror that is going to have a very small image, as opposed to actually looking at the oncoming traffic.
Councilmember Pflumm stated he has seen those in other applications where the mirrors work very well.
City Engineer Wesselschmidt stated he has seen the mirrors in parking garages where there is just a much smaller area or a much closer distance between the eye of the driver and the location of the mirror and distance from an oncoming car. He stated in a parking garage, they are talking about slow moving traffic of around 5 to 10 mph and talking around 30 mph on this particular roadway. He stated to try to spot a car going 30 mph in a mirror, would probably be quite difficult.