OVERLAND PARK CITY COUNCIL MEETING. April 10, 2000

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING Mayor Eilert called the Overland Park City Council meeting to order at 7:32 p.m. The following members were present, constituting a quorum: Mr. Greg L. Musil, Council President; Mr. Neil S. Sader; Mr. George Kandt; Dr. Jack Halligan; Mr. Byron C. Loudon; Mr. Michael J. Lally; Mr. Thomas C. "Tim" Owens; Mr. Kris Kobach; Mr. Carl R. Gerlach; and Mr. David G. Belpedio. Also present were: Mr. John M. Nachbar, City Manager; Mr. Roger Peterson, Director of Planning and Development Services; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. John Douglass, Police Chief; Mr. Bob Lowry, Director of Public Works; Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Ken Rodney, Director of Information Technology; Mr. Mark Farrar, Assistant City Manager; Mr. Brian Shields, City Traffic Engineer; Mr. James Hart, The Kansas City Star and Kathleen Imair, Recording Secretary. Approximately 35 persons were in the audience. PLEDGE OF ALLEGIANCE Mayor Eilert led the audience in the pledge of allegiance. MAYOR ED EILERT Mayor Eilert made special recognition of Boy Scout Troop No. 261 from the Knox Presbyterian Church. Mayor Eilert requested Council consideration for Charter Ordinance No. 54, which calls for election of a Council president on the second Monday after the first Tuesday in April, by six signed written votes. He announced that three Councilmembers would be absent at the next regular meeting when the election is supposed to take place and suggested the election be rescheduled for the May 1st City Council meeting. Mr. Kobach moved to continue the election of the council president to the May 1, 2000, City Council meeting. Mr. Musil seconded the motion which carried by a vote of 10 to 0. Mr. Kobach announced that a planning item concerning the Glenwood Theater is also scheduled for the next Council meeting and requested that it be continued to the May 1,2000, City Council meeting. Mayor Eilert asked if the applicant had been notified of the change requested. Mr. Kobach stated that the applicant had not been notified. Mayor Eilert suggested the motion include pending a contractual obligation that would prevent a continuance

2 Page 2 until May 1, Mayor Eilert instructed Mr. Peterson to confirm any contractual obligations that may need to be met prior to the council approval. Mr. Kobach moved for continuance on the Glenwood Theater project until the May 1, 2000, City Council meeting, pending a contractual obligation with the applicant. Mr. Musil seconded the motion which carried by a vote of 10 to 0. CITY MANAGER JOHN M. NACHBAR CHANGE ORDER NO. 1 - Bubeck Services, Inc. for energy and mechanical improvements to City Hall, the Antioch Justice Center, Public Works maintenance and the W. Jack Sanders Justice Center. For an additional amount of $71, 068. (Report to the Governing Body No. 00-8) Director of Information Technology Ken Rodney presented Change Order No. 1, a design/build agreement for energy and mechanical improvements to four City facilities. This change order will provide modifications to the chiller unit at the Sanders Justice Center, which is the air conditioning unit. He stated that the result of the change order would reveal considerable energy savings to the building in the future. He recommended the City Council approve Change Order No. 1, for an additional amount of $71,068. Mayor Eilert asked if funds were available for the change order. Mr. Rodney explained that $100,000 was allocated from the 1999 Operating Budget for the project. After the engineers got further involved with the project, they came up with the proposed plan which is less expensive. Mr. Musil moved to approve Change Order No. 1 with Bubeck Services, Inc., for an additional amount of $71,068. Mr. Owens seconded the motion which carried by a vote of 10 to 0. CONSENT AGENDA: COMMUNITY DEVELOPMENT COMMITTEE REPORT: RESOLUTION NO Sewer district enlargement, vicinity of 154th Street and Mission Road.

3 Page 3 PUBLIC WORKS STAFF CONSENT ITEMS: ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS AND OTHER EASEMENTS WHERE NOTED - Concerning property in the 2000 Residential Street Program. Robinson Lane Patrick Regan (utility & temp.) Kathy Slater (utility, perm. Drainage & temp.) Paul & Virginia Robinson (utility, perm. Drainage & temp.) Walmer Daniel & Charlene Devault Melanie Hollenbeck Travis & Jill Beck Angela Curtis Patrick Hurley & Kelly Orrick (utility & temp.) Willard & Lois Bishop (perm. Drainage & temp.) ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT - Woodson Avenue Bible Church concerning property at 67th Street, Lamar to Nall (2000 Residential Street Program Part II). ACCEPTANCE OF SIDEWALK & UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT - The Children's Mercy Hospital concerning property at Nall Avenue, 107th Street to 119th Street. ACCEPTANCE OF THE FOLLOWING DOCUMENTS AND AUTHORIZATION TO PAY $27,809 - Goldberg/Maizlish College Partners and Maizlish Associates, L.P., concerning property at Nall Avenue, 107th Street to 119th Street. Tract 9 Deed of Dedication Sidewalk and Utility easement Temporary Construction Easement ACCEPTANCE OF THE FOLLOWING DOCUMENTS AND AUTHORIZATION TO PAY $28,399 - Goldberg/Maizlish College Partners, Maizlish Associates, L.P., and Phyllis Maizlish and Ted Greene, Co-Trustees of the Irvin B. Maizlish Restated Trust dated 4/11/96 concerning property at Nall Avenue, 107th Street to 119th Street. Tract 10 Deed of Dedication Traffic Signal, Sidewalk and Utility Easement Temporary Construction Easement

4 Page 4 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF CONSENT ITEMS: COUNCIL MINUTES - November 1, 1999, January 3 and February 21, 2000 EXPENDITURE ORDINANCE NO. 3C - Outlining the expenditures from the General Operating Fund for March 16 through March 29, CAPITAL PROJECTS EXPENDITURE ORDINANCE N0. 4A - Outlining the expenditures from the Capital Projects Fund for March 30 through April 5, RESOLUTION NO Consenting to the amendment to sublease by and between Black & Veatch, LLP, its subsidiaries and Southland-Overland Park Delaware Business Trust relating to $53,000,000 taxable lease-backed revenue bonds, Series 1995 (Black & Veatch Project) Mayor Eilert presented the Consent Agenda for approval. Mr. Owens moved for approval of the Consent Agenda. Mr. Musil seconded the motion. Mayor Eilert asked if Council desired to have any items considered separately from the Consent Agenda. Without separate consideration of any Consent Agenda items, the motion was approved by a roll-call vote of 10 to 0. REGULAR AGENDA: COMMUNITY DEVELOPMENT COMMITTEE REPORT: Michael J. Lally, Chairman Mr. Lally announced that there would be a public hearing April 11, 2000, at 7:30 p.m. regarding the upcoming renovations for Youngs Park pool. STAFF REPORT: PUBLIC SAFETY COMMITTEE REPORT: Thomas C. "Tim" Owens, Chairman STAFF REPORT:

5 Page 5 PUBLIC WORKS COMMITTEE REPORT: Byron C. Loudon, Chairman STAFF REPORT: BID TABULATIONS: 2000 KLINK - 1R Resurfacing Project Street Improvement Program. Director of Public Works Bob Lowry presented bid tabulations for the 2000 KLINK Resurfacing Project on Metcalf, with O'Donnell & Sons Construction Company in the amount of $345, and the 2000 Street Improvements Program to Reno Construction Company in the amount of $3,732, Staff recommends acceptance of the low bid on both projects. Mr. Loudon moved for approval of the low bid for the 2000 KLINK Resurfacing Project and the 2000 Street Improvement Program. Mr. Gerlach seconded the motion which carried by a vote of 10 to 0. CHANGE ORDER NO. 2 - Capital Electric Line Builders, Inc., for additional work on the traffic signal at 112th Street and Nall. CHANGE ORDER NO. 1 - Reno Construction Company for additional work on 119th Street and Quivira and 119th Street and Switzer. CHANGE ORDER NO. 1 - Reno Construction Company for additional work on 95th Street and Metcalf. Mr. Lowry presented three change orders: Change Order No. 2, to be made with Capital Electric for work on the traffic signal at 112th Street and Nall; Change Order No. 1 with Reno construction Company for additional work on the 119th and Quivira intersection and 119th and Switzer intersection for additional storm sewer work and addition of a video detector for controlling the signals; and Change Order No. 1 with Reno Construction Company for additional work on 95th Street and Metcalf with the addition of a video detector to control the controllers. Mr. Loudon moved for approval of all three change orders as recommended by staff. Mr. Sader seconded the motion which carried by a vote of 10 to 0. AGREEMENT - Olsson Associates Consulting Engineers for a preliminary engineering study for the Metcalf and Foster intersection safety improvements.

6 Page 6 AGREEMENT - Phelps Engineering for a preliminary engineering study for the 122nd Street and Roe drainage improvements. Mr. Lowry presented two agreements for approval. The first is an agreement with Olsson Associates Consulting Engineers for a preliminary engineering study to mitigate the safety hazard at the Metcalf and Foster intersection. The second agreement is with Phelps Engineering for a preliminary engineering study for drainage improvements at 122nd and Roe. He stated that both agreements were in order and recommended approval. Mr. Loudon moved to approve both agreements as recommended by staff. Mr. Kandt seconded the motion which carried by a vote of 10 to 0. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Neil S. Sader, Chairman STAFF REPORT: APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT UPON RECEIVING TCO - Ritz of Overland Park, Inc., d/b/a Ritz Charles, 9000 West 137th Street, William D. Frey, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT UPON RECEIVING STATE LICENSE - Holtze F & B Corporation d/b/a Holtze Executive Village, College Boulevard, Jerry Allan Winemiller, manager. Director of Finance, Budget and Administration Kristy Stallings presented an application for a new drinking establishment at the Ritz Charles and a renewal drinking establishment license for Holtze F & B Corporation. She recommended approval of both applications with contingencies listed on the agenda. Mr. Musil moved for approval of both applications with the contingencies listed. Mr. Kobach seconded the motion which carried by a vote of 10 to 0. Mayor Eilert announced two items for consideration from the Planning Commission Regular Agenda and asked staff for comments. RECOMMENDATIONS FROM THE PLANNING COMMISSION: REGULAR AGENDA OF PLANNING COMMISSION ITEMS SPECIAL EVENT PERMIT NO West 80th Street. Special Event Permit requested to allow a weekly motorcycle promotion from April 5, 2000, through November 11, Application made by Troy Stedman.

7 Page 7 Mr. Peterson presented Special Event Permit No , located at 7324 West 80th Street. He noted that the request was made by Troy Stedman, the owner of The Other Place. The request is for permission to carry on an event to have what is called a "bikenite" from 5 p.m. to 10 p.m. each Wednesday. Approximately 48 of 168 parking spaces on the north side of their building would be blocked to allow only motorcyclists to park there for the event. Staff does not ordinarily support such actives, but the option is open for anyone going to the event to visit other businesses in downtown Overland Park at the same time this event is occurring. The event is not being advertised publicly as a promotional event for the facility. The applicant has worked with the Police Department and staff to ensure that all issues are addressed concerning security, safety, and drinking. Mr. Peterson pointed out that one of the stipulations would suspend the permit temporarily if questionable issues arise. Staff recommends approval of the special event permit including stipulations a through e. Mayor Eilert asked if Councilmembers had any questions of the applicant. Mr. Musil pointed out problems that the City has experienced in the past with the amount of noise that is created with large groups of motorcyclists and asked the applicant if he might provide suggestions to address that problem. He stated there were neighbors living within a couple of blocks of the proposed site. Mr. Stedman replied that the motorcycle groups generally arrive in small groups from two to ten through the course of a two-hour period of time. Mr. Musil relayed that this kind of problem had existed in other bars in town such as Tanners at 119th Street and Barley's at 119th and Quivira. Problems occur when these motorcyclists leave at 11: 00 at night with their loud exhaust. Mr. Stedman pointed out a benefit of the promotion was that it would conclude by 9:00 p.m. He stated that he would encourage the motorcyclists to leave the site in an orderly fashion. Mayor Eilert asked how long these types of events had been held on an informal basis. Mr. Stedman responded that the events had been going on since May of Mayor Eilert asked for the reason for requesting a special event permit. Mr. Peterson replied that the special event permit would address parking concerns for the duration of the event and provide the public information regarding the rules accompanying the special event. Mayor Eilert provided opportunity for anyone wanting to address the Council in regard to the special event permit. Upon receiving no comments, Mayor Eilert opened discussion to the Council. Mr. Owens did not favor the special event permit because he felt that serious problems would result. He explained that he had received many calls from concerned citizens regarding the noise that results from the motorcycles. He felt the idea of 50 to 200 motorcycles coming to downtown Overland Park on a weeknight, with residents living within the distance, would create a great disturbance. The fact that motorcyclists would be gathering in a downtown area as consolidated as Overland Park with nearby residents, will pose additional problems to already existing noise problems.

8 Page 8 Mr. Owens understood that an ordinance did not exist precluding the motorcyclists from coming to Overland Park, but to approve the special use permit would be condoning these types of activities. He explained that additional issues have arisen at Public Safety meetings regarding loud noise, not only with motorcycles, but radios. He saw future problems that would escalate with the combination of the motorcycles and alcohol. These activities may not occur in the parking lot, but they do exist at the bars within the area. Mr. Owens opposed the special event permit and felt that it should not be supported. Mr. Kobach moved to approve Special Event Permit No , at 7324 West 80th Street for a weekly motorcycle promotion from April 5, 2000, through November 11, Mr. Belpedio seconded the motion. Mayor Eilert pointed out that flexibility exists for the Council to take action as set out in stipulation e. The Director of Planning and Development Services has the discretion to temporarily suspend the special event permit at any time, until the application can be reconsidered by the City Council. Mr. Loudon felt that Mr. Owens comments were applicable in most locations and posed a real factor that will appear more in the future, but he felt the requested site did not include any dwelling units within a 3-to 4-block radius. He felt that the Farmer's Market, located behind The Other Place, would provide the best accommodation for the special event. Mr. Kobach noted the importance that such activities can be done legally and informally. He did not feel a difference existed, whether the permit was approved by the Council or not and supported his reasons with three facts. First is the division of parking spaces where more vehicles can be placed per space, otherwise there would be motorcycles taking up a full parking space. Secondly, there is a stipulation requiring the applicant to clean up the area after the activities are over, otherwise there would be no obligation by the applicant to clean up. Thirdly, the planning director has discretion to monitor the activities and end them if necessary. He felt that having some control of the situation was adequate along with the proposed stipulations. Dr. Halligan referred to Mr. Loudon's comments and stated there were homes located slightly more than a block from the facility where the activities would take place. He pointed out the location being north of 79th Street and explained that a good amount of cut-through traffic already existed in the neighborhood between 75th and 79th Streets going to and from downtown Overland Park. The motion made by Mr. Kobach and seconded by Mr. Belpedio for approval of the special event permit carried by a vote of 8 to 2. Those voting in opposition were Mr. Owens and Dr. Halligan. REVISED PRELIMINARY PLAN APPROVAL - Highland Village, vicinity of the northeast corner of 127th Street and Pflumm Road. Application made by Phelps Engineering. The Planning Commission approved this item on

9 Page 9 February 28, 2000, by a vote of 5 to 4. (Continued from the March 20, 2000, Council meeting.) Mr. Peterson explained that the revised preliminary plan approval for Highland Village had been continued from an earlier meeting to allow opportunity for neighbors, Council representatives, and the applicant to gather and consult about the landscape plan. This gathering with all parties occurred on March 22, 2000, which resulted in a new landscape plan that has been submitted and agreed to by all parties involved. The application is ready for Council approval with all stipulations attached. He explained that the applicant, who is the developer of Lot No. 60 in Highland Village would be the responsible party for the installation of all the landscaping material. Mr. Musil asked if the owner of the lot in Highland Village was responsible for the maintenance. Mr. Tim Diller appeared as the applicant and stated that the owner of the lot in Fairway Woods is the responsible party for maintenance of the landscaping for Lot No. 60 in Highland Village. Mr. Musil referred to a warranty that normally exists through a landscape company and asked if the applicant was willing to work together with the owner during the warranty period. Mr. Diller agreed. Mayor Eilert provided opportunity for anyone wanting to address the Council in regards to the revised preliminary plan approval for Highland Village. Upon receiving no additional comments, Mayor Eilert opened discussion to the Council. Mr. Sader moved to approve the Revised Preliminary Plan Approval for Highland Village located on the northeast corner of 127th Street and Pflumm Road. Mr. Kandt seconded the motion which carried by a vote of 10 to 0. MID-AMERICA REGIONAL COUNCIL REPORT Councilmember Neil S. Sader Mr. Musil announced that last year the Council held its first annual family appreciation night at City Council the second Monday of May, and he has started preparations for the second annual event for the May 8, 2000, Council meeting. Mr. Musil moved that the Governing Body recess into Executive Session for a period of 15 minutes for the purpose of discussing personnel matters relating to specific non-elected City personnel. Following the Executive Session, the Governing Body will reconvene into a regular meeting in the Council Chamber. Mr. Sader seconded the motion which carried by a vote of 10 to 0. All Governing Body members convened into Executive Session in Conference Room No. 1 at 7: 55 p.m. and reconvened into regular session at 8:17 p.m. Without further

10 Page 10 business, Mr. Musil moved to adjourn the meeting at 8:20 p.m. Mr. Sader seconded the motion which carried by unanimous vote. Minutes transcribed by Kathleen Imair. Ed Eilert, Mayor ATTEST: Marian Cook, City Clerk