City Council - Regular Meeting

Good evening and welcome to the February 9th, 2026 meeting of the Shauny City Council. I'm Mayor Mickey Sander and I will be chairing this meeting. I'll do a roll call at this time. Council member Reynolds is absent. Council member Whitt is absent. Council member Pearson present. Council member Mur Murphy present. Council member Nappen present. Council member Rainey present. Council member Birfield present. Council member Oidge present. Thank you. Please join me for the pledge of allegiance followed by a moment of silence.

I pledge algiance to the flag of the United States of America and to the republic for it standy. Thank you. Next, I'd like to explain our procedure for public input. In an effort to enhance residents ability to present information to the governing body, anyone interested in addressing the governing body is strongly encouraged to sign up to speak by noon of the day of the meeting, but it is not required. Information has been posted online about how to sign up. By policy, comments are limited to five minutes and no person may speak more than once to any one agenda item. Only comments related to city business are permitted. Disruptive acts are not permitted as per policy number seven and will not be tolerated. Additional comments can be submitted to the entire governing body via email at governing body at the city of shauny.org. The next item on the agenda is the consent agenda. Would anyone on the council like to remove anything from the consent agenda? Hearing none, I'll accept a motion. Move to approve the consent agenda.

Second. I've got a motion and a second on this item. All those in favor say I. I. Oppos? Nay. Motion passes. Next item on the agenda is business from the floor. If anyone is here to speak about a specific item on the agenda, please wait until that item is discussed. If you were here to speak on an item not on tonight's agenda, now is the time to speak. Did anyone sign up? No, mayor. No one signed up for business from the floor.

Okay. Is there anyone in the audience like to speak from business from the floor? Seeing none, we'll move on. Next item on the agenda is mayor's items, and I do not have anything this evening. And the next item on the agenda is appointments. Item number one is to consider appointment to the civil service commission, the Shauny Economic Development Council Advisory Committee and the Visit Shauny Advisory Committee. Paul, thank you, Mr. Mayor. These are items u appointees of come they come from the mayor. So, if you'd like to go through those or if you'd like to have Colin go through those, we can do that at this time. Colin, could you go through?

Yes, we have uh five total appointments. One is a volunteer appointment to the Civil Service Commission. We had a long-standing member who moved out of Shaunie and is no longer able to serve on that commission. Uh the mayor appointed Jill Chalfi to fill that uh role. The other four are two for the visit Shauny advisory committee. These are council member appointments. We have council member Murphy and Birfield appointed to those. And then we have two to the Shauny economic development council. Uh council members Pson and Aldrich were appointed by the mayor to those positions.

Thank you. Let's see. Are there any questions for staff, guys? Anyone sign up to make comments on this? Hearing none, I'll accept the motion. Move to approve. Go ahead. Second. I've got a motion and a second on this item. All those in favor say I.

Oppos? Nay. Motion passes. The next item on the agenda also I'd like to thank everybody that like Jaylen stepped up to help and fill the position. Next item on the agenda is public items. Item number one is to conduct a public hearing to accept the 2025 CDBG consolidated annual performance and elevation report. I will now accept a motion to conduct a public hearing. Genie a move to conduct a public hearing. Second. We got a motion and a second on this item. All those in favor say I. Oppos? Nay.

We are now in a public hearing. Thank you, Mr. Mayor. This item will be handled by Lauren Grasshoff, our assistant city manager.

All right. Good evening, Mayor, council members. Uh I'm just going to do a really quick overview just of our uh priorities for the 2025 program year for our community development block grant program. Um touch on some of the accomplishments and then a few of just the open activities we have. Uh so as uh part of our program is considered an entitlement grantee. So we are automatically allocated funding every year from HUD. Uh part of that program requires us to create a five-year strategic plan. On your screen are the priorities identified for activities that we will hopefully uh undertake within the five years of the plan. Uh so we have public facilities and improvements, housing rehabilitation, and public services. Uh all of the projects that were undertaken in the 2025 calendar year did align with at least one of those priorities. uh including the main funding item was the Rena road storm water improvement project. Now that project was um completed and uh we did use all of the funding allocated for 2025 and actually a little bit of funding we still had from 2019. Uh there was some delay in some of our public service agencies um spending their funding this year. It's not entirely uncommon just because we don't um actually have the funding to be able to spend until generally October. Uh with a lot of the federal uncertainty uh that was happening this year, a lot of agencies just opted to wait until they had agreements with us in place before they pre-spent any of that money. Um but they're all actively working on getting those funds spent. uh we have majority of our what we call our public service projects going to rent and utility assistance uh some to child care

assistance through JCPRD and then we did uh spend under what we estimated so we had programmed for 10% of the total grant awards go to program administration we came in at about 7% for the year and that pays for um our grant administrator staff time and uh actually managing these grants as well as any training uh any travel that might be associated associated with training. So again, we came in a little under that 10% and just u moved that funding up into our infrastructure project. Some other program highlights that we had for the year that weren't necessarily of 25 funds uh but still had a lot of ongoing um successes and activities that were closed out. So we closed out all open grant projects from prior years with exception of the minor home re rehabilitation program. Uh that project though we are still actively working with Johns County Housing Services to get projects completed. Uh increase the award amounts to $10,000 uh this year instead of what was previously 5,000. obligated a remain the remainder of the CDBG corona virus funds to the Shauny community services facility rehabilitation project. That project uh kicked off last week and then as I mentioned uh we did spend a little bit in our administrative uh fund. So we allocated that to an infrastructure project. So I can answer any questions that you have about any of the activities we undertook this year and uh move forward to the public hearing. Thank you. Anyone have any questions for staff? Anyone sign up for this? Anyone in the audience like to speak on this hearing? None.

I'll take I'll accept a motion to conclude the public hearing. Move to conclude the public hearing. Second. Have a motion and a second on this item. All those in favor say I. Opposed? Nay. Motion passes. I will now accept a motion to approve the 2025 CDBG consolidated annual performance and evaluation report. Move to approve the report. Any second? I have a motion and a second on this item. All those in favor say I. I. Oppos? Nay.

Motion passes. Next item on the agenda is items from the planning commission meeting of February 2nd, 2026. Item number one is to consider adopting the proposed achieve Shaunie city comprehensive plan amendments as recommended by the planning commission. Paul, thank you, Mr. Mayor. Doug Alman, our community development director will handle this item.

Good evening, evening everyone. Um I'm going to just go over a brief kind of background of what the comprehensive plan is for some of you uh as you're new on the board. Um essentially the achieve shy comprehensive plan is our guide for development over a 10 to 15 even 20-year window. Um, the plan as it was adopted originally was done in 2021 and it was developed over a 12-month process that went through robust engagement with community members, stakeholders, um, online surveys, those sort of things. It was actually kind of an event uh, to produce because it was done during COVID, which made us actually get more creative in the interaction that we did with the public. So, we had thousands of comments regarding this document. Uh the comprehensive plan as it exists today really provides the framework for what the city is going to become, what the residents see it as being uh in a development standpoint and from a a work live standpoint um as we go through time. Kansas state statute does require that cities adopt a comprehensive plan and part of that too there's a state statute that we have to review the plan annually. doesn't mean we have to change the plan, but we definitely need to review it and make changes where we deem necessary. So, we did that last year, and for some of you that were on the on the the city council, you know that it was a very again robust type of activity. We went through um three workshops, I believe, at the planning commission level. They had multiple discussions and then they forwarded a recommendation on things like changes to the future land use framework map. Uh clarification of the future land use framework growth in terms of what the community perspective was. Uh review and amendment of our transportation framework map. Clarifications to the future land use framework and land use category descriptions and definitions. Some of you remember there was a really good discussion about those things. Um, and then, uh, we actually in our minds made

the plan easier to understand because we also included charts that broke out descriptions of what those definitions were and you can see those in the plan today. And then lastly, the thing that was added last year was the creation of the Valley of Champions overlay plan. Um, with that, uh, this year's review, because last year's, uh, review was a significant undertaking, this is a pretty straightforward request of staff. We've analyzed three properties in the city. We've actually had discussions with those property owners and in some cases we do make recommendations uh based on how long a property's been undeveloped or uh topography of land or things that have changed in the marketplace that um maybe have happened since the last review. And so I'm going to go over these very quickly. Um, and what I thought I would do is go over all of these together and then if you had questions, come back to those questions. If you prefer that I go over each one individually and do questions, we can do it that way as well. So, um, my plan is to go over all three. Um, the first

Okay. Yes. Just to clarify, so you're going to go through the changes that are proposed, the the three changes that are in your packet. I thought I would go over the description of the land area, where they're at, the existing um designation on the future land use framework, and then our recommended change based on the conditions um that have happened since our last review. Okay. Thank you. Then if there's a specific question about any three of those properties, I'll be glad to answer those for you.

So, the first um property that we're going to talk about is in the 7700 block of Rener Road. Uh if you're familiar, this is where Rener Road bridge goes up and south over 435. The the bowling alley, Park Loings Bowling Alley has been there for probably almost 30 years now. Uh there's a property to the south of it that is undeveloped. Property on further south of that has been bought by the Federated Insurance Company and they built their office uh corporate hand headquarters on property to the south of this property that we're talking about. So, there's a vacant tract of about 8.5 acres just south of the bowling alley. Uh, it sits, if you're familiar with that part of the city, it literally kind of sits in a hole. And with the things that have happened in city center to the south, the retail burst and the retail growth down there, the opportunity to do a spot type of retail development in that hole is becoming evident that it probably is not going to happen. And so staff's feeling and in discussing this property with the owner is there is the opportunity to do some residential on this piece of ground. Um and our thought is is rather than having that entire piece be the uh community commercial designation going ahead and obviously leaving the existing bowling bowling alley as that residential or excuse me retail commercial setting. The property to the south is under one ownership. there is the opportunity potentially to do an office building, a sister office building to the one that exists there today, but this particular piece of ground is kind of landlocked and it's in a hole. And so the thought is there might be the opportunity to do some attached housing on that piece. Um, and with the thought that it would be able to take advantage of the top topography that's on the site today. Uh, I know that we've had our discussions about multif family and we discussed them last

year with the review. Obviously, the attached de designation would open that up to the opportunity for multif family, but I will say if there's a buffered piece in the city, you've got Shny Mission Park to the west, you have an office building to the south, and you have a very wide right ofway for 435 to the west and to the north. And so, if if a person were wanting to propose something, this would be a very appropriate place for attached residential housing. So, that was my uh presentation for the first piece. I'll go on to the second unless there's a specific question that anybody wants to ask. Now,

thank you, Doug. I had a quick question. It's not about That sounds good what you just said. Um I was curious, what is the designation for the the other area that Steve Bowmont owns that I believe he's thought about putting apartments on right next to Park Lanes. So, that is this piece. This is This is the piece. Yes. So it wouldn't be multif family. It would be attached residential. It'd be attached residential. And if you look at the matrix, one of the options to do in that attached residential is apartment dwellings, town homes, things. So is that conversation with the developer changed over time?

Thought it was going to be multif family. So I I wouldn't want to get into specifics of the development plan because it hasn't been presented to us in any way, shape, or form. hasn't gone through any public hearings, but I would say that this designation would allow apartments, it would allow town homes, it would allow a variety of attached housing on this site. Okay, thank you. Anyone else?

Okay, second piece of property is at the norththeast corner of um K7 and 75th Street. This is another area that has developed over time. Uh it has developed over time um of a residential nature. Uh the this land use sign designation of commercial predates the achieve shauny plan. I think it's been commercial since I started here. Uh and obviously things have not happened and there are reasons for that. Um this particular piece of ground if you're familiar is where there's discussion about an interchange. uh and ramps for K7 possibly going into that area. We as a staff and even the developer has attempted to preserve that land for right of way over the past 20ome years. getting retail to to uh engage in this site that far off the corner with the knowledge that you're going to lose a good chunk of the hard corner to that um on-ramp for K7. In discussions and really just thoughts of how this is played out, it makes sense to take about half of this property, about 7 acres, and do a mixed residential neighborhood on the north side. It would it would open up the opportunity to inject more residential in the K7 corridor and it would allow us to do some some development that would mirror or be similar to what exists in uh the subdivision to the east. We've actually had public hearings on zonings in this general area. One of them was actually for the U-Haul project. Um, and some of the neighbors that came out during that public hearing said that they were more in favor of things like town homes that have been developed to the east and just to the north of the site. And so from our standpoint, you still have and and there's the ability to have some serviceoriented retail,

serviceoriented maybe medical office, those sort of things on that hard corner. But to have a full 14 acres of of retail that far north, that far off the hard corner, especially with the access that's going to happen when I'm not gonna say if, but when we get that interchange, it makes sense to inject some residential on this piece. So, I will go to the next one unless anybody has a specific question. The last piece of ground in the city that I was going to talk about is a very large piece. It is currently shown as regional commercial. It's about 60 acres of ground with frontage to Hedge Lane. And this piece of ground actually goes all the way from where Clear Creek Parkway overpasses K7 north to the Oak Valley Shopping Center. And so over the years, it has sat vacant um as a a retail source. As everybody knows with COVID and with online shopping and those sort of things, the push for bigger box retail uh of 60 acres even from a traffic standpoint gives us some pause. And so our thought was rather than having uh full regional commercial on that site is changing it to mixed use which would allow us to inject some very well planned residential but also give us the opportunity because this is one of the larger clean slates of ground that we have left on that K7 corridor to do something that's special maybe a destination type uses um with some uh residential maybe in incorporated in it to give it the supporting rooftops that it needs. And so nothing specific at all, but I I remember we were approached by a large big box developer many years ago. And I did see a very conceptual plan of that. And I would say that uh if I lived to the west of there, I would have wanted maybe a little more buffering and protection from that concept plan. It never went forward. We

didn't really get chance to make our comments toward it. But I think with the the zoning that would come in place that would mirror it would be a plan district more than likely that would go on top of this if the project were to come forward. It would give us a lot more flexibility in terms of birming connectivity open space and those sort of things. And so our thought is change it. You'll still have retail serviceoriented retail in there. You could have some well planned residential as well. And hopefully we would have a place of destination that people would come to visit us rather than us losing potentially uh people to Lanexa and Overland Park. That's my last one. I can answer questions.

Nice job. Thank you, Doug. Um regarding this one, this is in my ward, so I care a lot about it. Um, I like what you said and I believe you because I know you. But, um, I do hope that you'll protect the quality of the development that's planned. Um, in fact, there's already been one developer come forward with an idea that was not good enough. So, I appreciate that you're willing to push back. Um, and you know, we are at a point and you said it where we don't have very much land left. Uh, so if we can be as thoughtful as possible, I appreciate you. Thank you,

Lauren. Thank you. I also say thank you for for all of this. Um, anything that allows us to be more creative and more open-minded with developers about the way we bring housing into our community, I think is worth the effort. So, thank you for going to that effort of looking at all of these different opportunities and and identifying where the changes make sense. Um, so thank you. And then, um, I know that you did go through a lot, you and your team, last year, uh, along with the planning commission. Has that, um, re uh, figuring of the of the future land use framework and the charts that we've included, has that made your life easier?

One word, yes. has as we have a we have a better understanding and I think everybody from staff to the decision makers makers to the people that are coming to the city to develop or even people that are going to move here including the framework that we did tightening up those definitions still allowing flexibility but having a good idea what something is proposed to be in terms of height buffering location I think everybody is on the same page now um so that's more than yes but Yes.

No, that's wonderful. I'm so glad to hear it. And just if there are opportunities for us to help you in making this easier in um updating the plan or being able to explain the plan to those coming into our community, I very much want you to bring them to us and let us know because that is good news that we've made your life a little bit easier. Thank you. Anyone else? Anyone sign up for this? Anyone in the audience like to speak on this hearing? None. I'll accept a motion. Any move to approve. Second. Have a motion and a second on this item. All those in favor say I. I. Oppose. Nay.

Motion passes. Thank you. Yes. See items from the council committee meeting. Next item on the agenda from the council committee meeting of January 26, 2026. Item number one is to consider approving an agreement with Johnson County for the World Cup transit service. Well, thank you, Mr. Mayor. Deputy City Manager Colin Duffy will handle this item.

All right. I covered this item fairly extensively at the January 26 council committee meeting. So, I'll just provide a brief overview tonight. Uh, quick recap. Johnson County Transit has been engaging multiple um Johnson County cities to plan for a temporary circulator bus route for the World Cup. The partnership includes Shaunie, Overland Park, THA, Lanexa, Leewood, Mariam, and Mission. Uh the title of the service is the Johnson County United Link and will operate for up to 42 days. Uh the total projected cost is 5.7, excuse me, 5.7 million with 400,000 to be shared by the cities. Uh the city of Shaunie share is a not to exceed amount of $52,651 to be paid for with TGT funds. Uh the location that we have scheduled is the bus stop that is uh existing on Neman just south of Johnson Drive. Uh so far Leewood, Lanexa, and Miriam have all approved the uh circulator route. So that is my item and I'll stand for any questions. Anyone on have any questions? Eric,

thank you, Colin. Um, so happy to see the uh not to exceed amount put in there. Uh, I like that verbiage, but so what would happen if one of the other cities drop out? Yeah. So, our understanding is Johnson County would um absorb that from their enterprise fund. Okay. Yeah. All right. Thank you. So, if somebody dropped out, would their routes be dropped?

I believe so. Yes. And I don't think you probably have a great answer here, but and I apologize for talking too much tonight, but um what do you think the percentage chances that we recoup our $52,000? Uh quite frankly, low. Um I think it's very hard to predict the utilization of this. So for that, I mean, you'd have to have quite a few people coming through here. But I mean, between TGT and people staying in the hotels, I mean, you could uh recoup it other ways, but thinking specifically about the impact that downtown Shaunie, I'm just not sure I could give you a an accurate answer. And that is wholly dependent on the the rates that are charged by KC26 and Johnson County Transit for their fairs.

That's fair. And I think overall economically will benefit from this. What's TG GT? Uh that's a transient guest tax. Oh yeah, I should have known that. Thank you. We'll be able to pull sales tax data during this time for downtown. Um we've gotten a lot better at um gauging the downtown impact um and we'll save it for another time, but we passed a million dollars in sales tax generated for the downtown in 2025 for the first time. So a lot of the investments in the new businesses. So we'll track it during that World Cup period. not a applesto apples with the transit service but um certainly an indication of of visitation in downtown

to back to the rebate is the rebate based on the total money made by this route based on the percentage we put in is not dependent on somebody getting off or getting on here correct yeah it would be a prrated basis okay thank you anyone else anyone sign up for this did you have some go ahead Um, so understanding that transient guest tax is meant to be used for tourism, um, we're talking about using our tourism dollars to help promote further tourism by doing this bus route. Correct. Yes. And economic development activities as well, too.

Okay. Anyone sign up for this? Anyone in the audience like to speak on this? Hearing none, I'll accept a motion. hearing move to approve Laurel. Second. Have a motion and a second on this item. All those in favor say I. I. I. Oppos? Nay. Motion passes. Item number two is to consider adopting resolution establishing the transit guest tax rate of 9%. Paul. Thank you, Mr. Mayor. Once again, Colin Duffy on this item.

All right. So talking about TGT again, the transient guest tax is a tax paid on the rental of rooms, lodging, and other sleeping accommodations within the city. The city uses these funds for tourism and economic development p uh purposes like we just passed. Uh currently the city sits at 8% for TGT. Uh 2% of that is allocated to Johnson County Parks and Recck District for the improvements at Mid America and Mid America Sports West complexes. and 1% is used to fund visit Shaunie and Shaunytown 1929 operations. At the December 14th, 2020 city council meeting, the governing body passed charter ordinance 48, which established the maximum TGT rate at 9%. And at that same meeting, the governing body adopted resolution 1920 establishing the rate at 8%. So, we still have one more uh percent that we can go up to. Uh this year alone uh Overland Park or excuse me has increased their rate to 9% and is joining uh Mission and Overland Park with TGT rates at 9%. And you can also see excuse me I should have advanced the slides uh the unified government is also at 10%. Uh so one item to note in preparation for this item through discussions with the state we did identify that our charter ordinance is lacking newly added language that was included in state statute. So I think regardless of whether this item is approved tonight or not, we will have to come back to you to update that charter ordinance to mimic or match the language that is in state statute. So you can expect that sometime later this year. Uh but a 1% increase to this TGT is anticipated to generate an additional $115,000 annually. Um so for that I'm happy to stand for any questions you may have.

This also car or covers Airbnbs and

correct and that's the wrinkle that uh the state is asking us to add. There's uh language specific to accommodations brokers that isn't in our charter ordinance uh that defines uh STRs. Right. Okay. Yeah. So, when we talked about this in our committee discussion, I told I said I thought I had taken two votes on this. It turns out I was about 50% right and you guys were about 50% right. We did take two votes. Uh December 14th, 2020, we took a vote um where the body enacted a charter ordinance 48 which authorized the governing body by resolution to levy a transit guest tax of up to 9%. But we did not choose to go up to the 9%. On that same night, then we the governing body by resolution 1930 authorized the TGT to be levied at 8%. Um, this went into effect March 1st, 2021. To me, and I we're not out of line with the other cities, but we're on the higher end. Um, I voted for the last one. To me, this kind of feels like a money grab to be honest. Um, so I'll be voting against this tonight. Thank you.

Anyone else? any um I'm I am in favor of this partly because if I understood the numbers we just heard the proposed increase we could get is twice what we would need to pay for the bus. So um we are we are looking at the tourism of World Cup. I think this is a a very special time and opportunity to do this. I might not be for it if it was just a general motion, but because of what's coming up with World Cup, the amount of tourism and the bus, I'm in favor of making this increase.

None is anyone sign up for this? No, mayor.

Anyone in the audience come up and come to the podium, please put your name and phone number there on the pad when you're finished. Good evening, Mayor Sanderver, members of city council, and fellow residents. My name is Joe Quinn, and I'm a resident of Shaunie 13605 West 48th Street. Thank you for the opportunity to speak during the uh public discussion on the resolution to increase the transient guest tax from 8 to 9%. Um, I understand the rationale behind this increase. I also appreciate uh Councilman's uh um mention it kind of a money grab as well, but uh with the World Cup coming to our region, we're expecting a surge in visitors and short-term rentals and matching the 9% rate of neighboring cities like THAA, Mission, Overland Park, makes sense to capitalize on that e economic opportunity. It's a it is a smart move to fund tourism, pay for the collector route, economic development, and initiatives like the the circulator route like I just mentioned, especially since uh staff estimates it would generate $115,000 annually. Uh that said, I would encourage the council to include uh per the uh uh the sunset provision for this resolution as was discussed during the January 26 committee meeting. Uh specifically, let's tie that 1% increase to the World Cup period and automatically revert to 8% afterward um uh after the World Cup period ends, which is roughly mid July. Uh this would give Shaunie a competitive uh edge over our neighbors in the long term after the World Cup period, attracting more ongoing tourism and businesses without permanently burdening our hotels and short-term rentals. Shauna's always prioritized economic vitality and good governance as noted in the imagine Shaune plan and a temporary boost with a

clear end date aligns with that vision. So if you're going to adopt the resolution, I urge you to adopt it with a sunset clause. Thank you.

Is there anybody else for public comment? I I do want to respond to that, but I guess now's the time. We don't respond to public comments. So, well, I can make my comments. I think what he just said was spot on. Um, and my I suspect I'll be outvoted on this. So, I think his idea of including a sunset period um is the next next best option. Thank you.

Thank you, Mr. Mayor. Uh question for staff. We can revisit this issue without doing a sunset. Correct. So we can choose to come back to this and consider reducing it again.

We can and I do appreciate Mr. Quinn for bringing this up. We spoke to KOR about this and they do prefer us to bring separate resolutions and not one with a sunset. Um that's just cleaner for them to to handle on their end. So we can um have this scheduled earmarked for staff for a future date if you'd like. I would respectfully suggest that once new taxes are put in place, they never go away. Um, so we can revisit it, you know, and I hope we would, uh, if I'm outvoted here tonight, but I'd rather set it in stone tonight what we're going to do and hopefully include a sunset. Thank you.

Um, thank you, gone. Um, so we see how um, Shaunie compares to other local cities. I'm just curious with that 9% how how do we compare to other cities of equal size like maybe across the country or I mean are we within is it something that we've looked into? I'm just curious like so obviously you know I don't travel to Shaunie and stay in a hotel here so I'm not sure how we compare to other cities. Yeah, I've not looked outside of the state of Kansas so I'd have to look that information up for you. Okay. Just curious. Thank you.

Anyone else? Anyone sign up for this? Anyone in the audience like to speak on this again? Hearing none, I'll accept a motion. Meaning move to adopt Della's resolution establishing the transient guest tax at 9%. Second. Second. I have a motion and a second on this item. All those in favor say I. I. No. Opposed. No.

Kurt has opposed. Motion passes. Next item on the agenda is staff items. Item number one is to consider approving and authorizing staff to bid the 2026 Milan overlay project and other street maintenance projects as it pertains to the 2026 street maintenance program. Paul.

Thank you, Mr. Mayor. Kevin Manning, our director of public works, will handle this item. All right, this first public works item is our yearly known overlay project. What we're doing on this project is basically overlaying um a lot of residential streets for the most part. We're also doing full depth pavement repairs if we've got some areas that are in particularly bad shape. And we're also doing curb and sidewalk replacement um as needed. Um primarily along the roadways we're overlaying, but also any other locations um that we may have received, you know, resident feedback in throughout the year. So this year we have about uh 33 and a half lane miles of roadway that we're planning on overlaying and the project budget for this year is about 5.2 million.

Thank you. Any questions? Anyone sign up for this? Anyone in the audience like to speak on this one? Hearing none. I'll accept a motion. Laurel, go ahead. Move to approve. Second. I have a motion and a second on this item. All those in favor say I. I.

Oppos? Nay. Motion passes. Let's see. Item number two is to consider bids and taking action on construction contract for the Midland Drive improvement projects Shauny Mission Parkway to I to I435 project. Paul.

Thank you, Mr. Mayor. Once again, Kevin Manning on this side. This project will improve Midland Drive up to our modern standards by widening the roadway, adding a storm water system with curb and gutter, and installing an improved street light system. Bike lanes will be constructed on both sides of the roadway, and a new sidewalk will be installed on the north side of Midland Drive. These features will improve safety for bikes and pedestrians in the area, including those trying to access Johnson County's Mil Creek Streamway Park, which is a major attraction on the west side of the project. This project is currently scheduled to begin in March and be completed by mid November of this year. During construction, there will be several short-term closures of Midland at specific locations where storm water pipe is installed crossing the roadway and when a super elevated section of Midland is removed. There will also be periods when Midland will be down to one lane and a flagging operation will be necessary. During these periods, local access will always be maintained and signed detours will take vehicles around on Shauna Mission Parkway and I 435, never through residential streets in the area. Staff will continually work with the contractor throughout construction to minimize the length of these closures. As part of this project, the city is receiving $4 million in surface transportation block grant funds, also known as STBG funds, through the Kansas Department of Transportation. To receive these funds, the city of Shaunie has agreed to comply with Kat's local public authority project development manual, also known as the LPA manual. Manual states that as part of the bidding process, if any of the required certifications have not been signed by the contractor, their bid will be considered non-responsive and will be rejected. Failure to follow the LPA manual on this project would likely result in the forfeiture of $4 million in STBG funds. This project receives six bids. The lowest two bids were determined by staff to be non-responsive due to incomplete documentation in accordance with the requirements of the K. LPA manual. K dot staff confirmed that city staff were

interpreting the LPA manual manual correctly and that the lowest two bid should be considered non-responsive. Therefore, the third lowest bid was determined by staff to be the lowest responsive bid. And a summary of your of the bid results is included in your packet. Tonight, the governing body has four options. The first option is to award the project to the lowest responsive bidder which is Superior Bone Asphalt Company in the amount of $8 million534,44960. The second option is to award the project to the lowest non-responsive bidder which is Mini Construction in the amount of 8,8,88. This option would likely result in a forefeiter of $4 million in STBG funds. The third option is to reject all bids and rebid the project. If this option is selected, it's unlikely the project could be completed in 2026 and would either need to be split into a two-year project or moved entirely into 2027. And the fourth option is to take an alternative action not specified by staff. This concludes my comments on this item. I'd be happy to answer any questions.

This isn't the awarding process. This is the approval of the road. This is the the award of the construction contract. Okay? Because I have two pages here on the hat. This so there's another item immediately after this one which is the award of construction inspection. Right. This is the actual construction contract for this item. Okay. Any questions for staff? Anyone sign up for this?

Yes, mayor. We had two pre-register. The first is David Blue. Thank you. My name is David Belaloo. I'm an attorney. I represent Macini Construction Incorporated. Um, as I think you're aware at this point, Mcannan's bid actually was not just the lowest bid, but was significantly the lowest bid by approximately $453,000. And what what's been represented here is that McEnney provided a non-responsive bid. What happened is McEnney submitted a bid on January 9th and was informed on January 12th that there were certain signatures that were missing and then those signatures were immediately supplied. And so therefore, Mcannini has submitted a fully responsive bid. Now, what what has what has been determined by city staff to our understanding and by KOT is that the bid is not responsive because it wasn't submitted on the January 9th date. But I will point out that the bid documents specifically state that the governing body has complete and sole discretion to award the contract and also reserves the right to wave any any and all bid informalities and irregularities. It's there is a responsive bid that has been placed here. The question is the date that it was submitted and absolutely this this governing body has the authority and has the discretion to make a determination that this bid is responsive and is a has the ability to wave any irregularities from the date that that responsive bid is provided and similarly K dot specifications spell out specifically that it has full authority to wave any irregularities and nonconformities as well too and the missing signatures provided are such of regularity that can absolutely exercise that discretion. Now, we understand that the the city staff has been told that

KOT that there is concern or that there certainly is concern that KOT would not that KOT would not provide that $4 million in federal STBG funds. But we had a conversation with Don Husky who's an individual who is the LPA bureau chief and the question was posed directly to her that if this council provides the recommendation that Manny's bid be awarded then would the federal highway association provide those $4 million in funds and the answer to that question and if this city council determines that it is in fact a responsive bid would those $4 million in funds be available? the question. It's my understanding from that conversation that that specific question had not been posed to FHWA. Now, that was a week ago, and I haven't been informed of whether or not there had been a subsequent conversation, but I think that's certainly an answer that this governing body should seek out before making a decision as to whether or not we I mean, it basically what was told is there's it's likely to result in a forefeite, but I don't know that that's something that, you know, as of this date and so therefore that's something that should be found out. And our contention is certainly that this board would or this city council would would uh would absolutely abuse its discretion if it were to award a bid for $453,000 more than what the lowest bid is, a bid from a company that literally is located on Midland Drive and wants to perform this contract. If there is concern though that FHWA is not going to make those funds available, then the next best course of action is certainly to rebid this project and I think $453,000 is worth doing that in order to make sure that the city's not paying more than what it needs to in order to complete the pro paying more than it needs to to complete the project. And I'm available here to answer any questions that you might have. We we don't have uh questions and answers from

business from Thank you. Thank you. And put your name and number on the pad there, please. Sure thing,

mayor. The next that we had pre-register was Eric Bossman. Good evening, evening. Thanks for allowing me to speak tonight. Um, I know some of you don't know everybody here. Uh, my name is Eric Vosman. I'm the president, CEO, and third generation owner of Mackin Construction. Um, we're a Shauny based company. Our address is 15320 Midland Drive. U, we've been in business for over 70 years. um a lot of visits with the city of Shaunie. Just last summer, we had a rib ribbon cutting to open our new facility, the expansion of our existing facility in Shaunie. Shaunie Chamber held that event. Um the mayor was there, took a nice picture with him and cutting the ribbon to celebrate our our new building. In December, we received the Shauny Chamber of Commerce expansion award uh for the growth and development of our business in the city of Shauny. Um that recognition reflects our continued investment in the city growth in our operation and long-term commitment to Shaune. Since 2020, Macka Construction has done around $30 million of infrastructure improvements with the city of Shaune. Shaunie is a very important partner to us. Uh we've been around for a long time, even beyond before the construction company. My family's been involved in Shaunie for over 160 years. We're we're one of the top local private employers in the city of Shaunie um throughout the big box brands in the in the large public companies. A lot of people here probably know someone's worked with us or around us in our community. When the Midland Drive project was announced, we pursued it aggressively. One, I didn't really want to drive by it every day and see somebody else building it. Um and two, it it fit our what we do. We had 8,400 man-h hours scheduled of our people to be working on doing the

grading, the asphalt, the concrete portion for that project. Um, and it's also right down the down the street from our office. So, obviously the the access of our management team to help assist in the project made a lot of sense. Um, my favorite coffee shop is actually on that road. So, it, you know, I wanted to make sure it was done properly. Um, unfortunately, the city deemed our bid incomplete. My attorney already kind of went through the the uh information about that. Um and although the purchasing manual and the bid documents do allow the staff to re request clarification or reach out for information, there was no phone call. Um we got an email at 3:00 in the afternoon from the project manager just said, "Your bid is incomplete. We're going to award to someone else." Uh there was not a phone call reaching out saying, "We had a problem. We got to figure out how to do this." Um, over the last month, we've we've kind of worked with the staff or attempted to work with the staff to try to come to a resolution. Our bid was $453,000 less than the next bid. We are a local contractor. We do work in this community. We do employ people in this community. Um, I mean, we're even on the Sha Chamber of Commerce Instagram page accepting our award less than 90 days ago. I think the most frustrating part of the project is that while we were working with the city, making our arguments, why we believe it is possible that we have the same goal, the goal should be to get the lowest bid, which is $453,000, and get the $4 million. That was our goal trying to work with the city. Unfortunately, throughout the entire process, rather than working on the same goal on the same team, the staff was focused on make letting us know why it couldn't happen instead of seeing helping to see us why it could. That was very frustrating as a uh community member and a contractor to work closely with the city for a long time. Taking a step back like Mr. B said obviously the best case scenario would be to award to us save the city

taxpayers $453,000 and get the $4 million if I do not feel like the staff is committed to um changing their mind on this position. So I would agree with Mr. Belaloo that uh rebating it is the uh the best outcome um to be able to save the taxpayers money and I do also believe that the timetable was something that can be be resolved throughout the project. So that's it. Thanks a lot. Anyone else in the audience like to speak on this issue? Mayor and council members, thank you for the opportunity to speak tonight. My name is Greg Fowl. I'm a resident of Shaunie at 4728 Hollyy Street. And in full transparency, I'm also an employee of Spurbone Asphalt Company. I'm a vice president with them, but I've also had the privilege of the course of my time in Shaune over the last 16 years be part of the public process. I worked on the public arts task force about three four years ago. Uh and through that I really started to understand the importance of transparency in government. So I want to speak briefly tonight about process and not the price. As documented in the public works department memorandum, city staff reviewed the bids in accordance with the city's established procurement requirements and determined that spear bone submitted the lowest responsive and complete bid. That determination followed the same rules that applied to every bidder in this process. Competitive bidding only works when requirements are enforced consistently and at the time of bid submission. Allowing deficiencies to be corrected after bids are open undermines fairness, creates uncertainty, and exposes the

city to unnecessary risk. That concern is clearly outlined in the correspondence from Superior Bowen's Council to the city attorney as well. Rebidding is not a neutral or cost-free alternative. Once prices are disclosed, the competitive landscape changes. Rebidding introduces schedule delay, cost escalation, and risk that ultimately falls on the city and its residents. It's important to note that awarding the project to Mac and Construction could jeopardize the STBG funding that has been noted already. Proceeding with an award to Mac and could place the full financial burden of this project on the city. I respectfully urge the council to uphold the city's established bidding standards, rely on staff's documented determination, and take action that protects the integrity and defensibility of Shaunie's procurement process. Appreciate your time tonight. Thank you. Thank you. Put your name and not number there on the pad, please. Anyone else in the audience like to speak on this? I hearing none, I'll accept a motion.

Discussion. We had a discussion. Go ahead.

We haven't had a discussion on it. Um, to be honest with you, I do have some thoughts, but I wanted to hear what my colleagues think. Um I I can speak. Um I my recommendation is um to award to the lowest responsive and responsible bidder. Um the reasons being that they are the first bidder. Superior Bowen is the first bidder to meet all the requirements. It honors the rules that all biders competed under. Everybody knew what needed to be signed and submitted. Um it prever preserves the fairness to compliant biders. Um, it avoids reopening pricing, it maintains the project schedule, um, and it doesn't risk the potential loss of the K dot funding. Um, I know it was mentioned that, um, KOT could wave those bid informalities, but that's not really $4 million um, price tag isn't a risk I want to take. Jie.

Yeah. Looking at I agree with everything Erin said. Also looking at the idea of rebidding. Um last last year the Midland Entertainment District was affected by all of the work happening around Midland. Um, if this goes to a rebid, that either means starting later this year, potentially going through another holiday season for them, or splitting the project between this year and next year with that gap in the middle, or even worse, pushing it off till 2027, where we don't know what prices are going to be. And uh I can't remember what year this whole thing started, but the people have been waiting for this to happen for several years now. I think it's time to just move ahead. So I agree with awarding the bid to Superior.

Thank you, Mayor. Uh yeah, this is an extremely important project, one that I think our community has been waiting to get done for a very long time. Um and I would have loved to have been able to accept your lower bid, but unfortunately you didn't fill out the paperwork right. Um when you submit bids with the city, bidding 101 would instruct you to make sure that you correctly fill out the paperwork. And I hate that because it's going to cost us $453,000. Um, and I think the city's willing to be a lot more forgiving if it was just a city, our city deciding, but I'm not sure KOT uh and the highway trans uh for authority will. Um, so I believe we got do we get a lawsuit on this?

Yes.

Yeah. So, we've received a lawsuit on this. KOT has weighed in in favor of the city. The Federal Highway Administration has weighed in in favor of the city and a district court judge has weighed in in favor of the city. Um, so again, I mean, I I I would much rather save more money. Um but and the governing body does have the sole authority to give this contract to whoever we choose, but it risks our ability to receive $4 million in reimbursement. This is a project that this council, and not everybody was here at the time, but this council has worked long and hard on Midland Road. Um we listened to residents. We came up with an in between plan, grand versus not. Um, and it's a great plan. Then on top of that, we went out and got $4 million to be given to us. So, I can't, you know, it's your understanding that one person might likely reconsider the K dot level at the KOT level. I'm just not willing to risk our ability to get four million in funds from another funding source. And I hate saying that to be honest because I respect your company. I appreciate all that you do to support our local community and you are a local business. So, I hate it. But, um I got to do what's best, what I think's best for our taxpayers. And at this point, it's to make sure that we receive this $4 million um that doesn't come out of our general fund. Thank you.

Anyone else? And I would say that we've done a lot of business with Mac and Annie through the years. Uh, I would love to have one of our own work it, but uh, the decision was made and all we can do now is leave it up to the governing body and I'll accept a motion. What would you like the motion to be? Uh, I move to award the uh, I'm sorry, Jean, did you? Oh, yeah, you did make Okay, that's right. Yeah, you did. You I'll second. Opened it back up. There we go. I'll second it.

Can we have a I don't think that it was an actual move to approve. I'll do defer. Could you Yeah. Restate, please. Restate it. Uh move to authorize the mayor to sign the Midland Drive improvement project uh contract with Superior Bowen. A second. I have a motion and a second on this item. All those in favor say I. I. Oppos? Nay. Motion passes.

Item number three is to consider approving an agreement on Olsen for inspection and material testing services related to the Midland Drive improvement project for Shauny Mission Parkway to 435. Paul

once again Kevin Manning on this item. So this is just related to the inspection services on the project we just discussed and the contract amount is $342,15 with Olsson Associates who also did the design work on this project. Anyone have any questions for staff? Anyone sign up for this? Anyone in the audience like to speak on this hearing? None. I'll accept a motion. Uh move to approve contract with Olsson. I have a motion. Do I have a second? I have a motion and a second on this item. All those in favor say I. I. Oppose. Nay.

Motion passes. Item number four is to consider approving the final change order to contract number 2025-034 with Mcanny Construction Incorporated for the 2025 mill and overlay project. Paul. Yeah. One more time with Kevin Manning, our public works director.

Yeah. So, as we've discussed previously, we always bring panel change orders to the governing body for approval even when there's a decrease in the overall contract amount. That's the case here. So, this is once again our yearly 2025 mil overlay project. And there was basically just a decrease in quantities on the project that resulted in a reduction of a contract amount of $65,512.65 65 for a final contract amount of $2,734,487.35. Kurt,

first of all, Kevin, thank you for coming in. $65,000 under budget. Secondly, I just wanted to clarify, is this the same Macinany that that we just had the discussion about? Yes. So, let the record reflect that the city is not um intentionally not taking care of Macinany. Um we're open to all bidders. The bids just need to be put in the right way and uh and we look forward to working with Mac and Annie in the future as well. Sorry I've talked so much tonight, but thank you.

Anyone else? Hearing none. No, nobody signed up. Anyone in the audience like to speak on this hearing? None. I'll accept a motion. Move to approve. Got a motion. Laur second. We got a motion and a second on this item. All those in favor say I. I. Oppos? Nay.

Motion passes. Next item on the agenda, miscellaneous items. Item number one is to ratify the semionthly claims for February 9th, 2026 in the amount of 3,595,1863. Anyone sign up for this? Anyone in the audience like to speak on this hearing? None. Accept a motion. Move to approve. Second. Have a motion and a second on this item. All those in favor say I. I. I. Motion passes. Next item are council items. Paul, do you have anything? Nothing tonight.

Okay. Anyone on the council have any council items? Okay. The next item on the agenda is an executive session. Item number one is the recess to an executive session for 10 minutes with city manager Paul Kramer, city attorney Jenny Smith, and HR director Lona Lander for the purpose of discussion of personal matter involving non-elected officials in accordance with KSA754319B1 for the purpose of protecting the confidentiality of those communications and protecting the privacy interest of such personnel. At the conclusion of the executive session, the meeting will reconvene in the city council chambers. Do I have a motion to

a move to recess to executive session? I have a question. Can we can we make it 15 minutes? 10 minutes seems awfully short to make it important. Just 15 minutes. Sure. 15 minutes is what we're doing. That's what you want to do. I'm asking if we can make it 15 minutes and it'll be up to Jeie to make to maybe amend her motion. Yeah, if you'd like to accept it. I mean, it's a an important discussion. Yes, I'll accept the friendly amendment. Okay. Thank you. I'll second. All right. Have a motion and a second on this item. We are now in executive session. We need a vote on the motion.

Huh? We need a vote on the motion. A roll call. No, you just need a vote. A vote on the motion. All those in favor say I. Motion in a second. All those in favor say I. I. Opposed? Nay. We are I just want the record to be clear that the meeting will reconvene at 7:20 in the council chambers.

Are we ready? I'll accept a motion to conclude the executive session and reconvene the meeting. Genie, a move to conclude executive session and reconvene. Second. I have a motion and a second on this item. All those in favor say I. I. Oppos? Nay. Motion passes. I will now accept a motion to authorize the mayor to sign the addendum to the city manager's contract as discussed in the executive session. Can we have Mr. Laurel? I move to approve. I have a second. Eric,

I have a motion and a second on this item. All those in favor say I. I. I. Those nay. Motion passes. If there is no other items, I will cons accept a motion to adjurnn. Motion to adjurnn. Second. Have a motion and a second on this item. All those in favor say I. I. Those nay. We are adjourned.