OVERLAND PARK CITY COUNCIL MEETING. January 13, 2003

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING January 13, 2003 Mayor Ed Eilert called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. George Kandt; Mr. Byron C. Loudon; Mr. Jim Hix; Ms. Marcia A. Gilliland, Mrs. Terry Happer Scheier, and Mr. Terry Goodman. Mr. Carl R. Gerlach, Council President; Mr. Thomas C. Tim Owens; Dr. Jay F. Lehnertz; and Mr. Neil S. Sader were absent (excused). Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Bob Jones, Director of Human Resources; Mr. Roger Peterson, Director of Planning and Development Services; 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; Ms. Penny Postoak, Assistant City Manager; Mr. Brian Shields, City Traffic Engineer; Mrs. Tammy Owens, Assistant City Attorney; Mrs. Susan Waters, Communications Assistant; Mr. Brad Cooper, Kansas City Star; Mr. Rob Roberts, Overland Park Sun; and Ms. Pamela Blaszyk, Recording Secretary. Approximately 25 persons were in the audience. PLEDGE OF ALLEGIANCE Mayor Eilert led the audience in the Pledge of Allegiance. MAYOR ED EILERT REAPPOINTMENTS TO THE ARTS COMMISSION: Linda Adams Term 11/5/02 to 11/5/05 Ellen Komarek Term 11/5/02 to 11/5/05 Mr. Terry Goodman moved to approve the referenced appointments. After a second by Mrs. Terry Happer Scheier, the motion carried with a vote of 6 to 0. COUNCIL PRESIDENT CARL R. GERLACH REPORT FROM COMMITTEE-OF-THE-WHOLE MEETING HELD ON JANUARY 13, Mr. Byron C. Loudon reported that earlier in the evening, the Committee of the Whole unanimously recommended to the Council the approval of a public hearing to be held on February 3, 2003, regarding the Capital Improvements Program (CIP), as proposed on December 9, He noted that the only change from the proposed CIP was the addition of a $600,000 expenditure for the purchase of right-of-way at the northwest corner of U.S. 69 Highway and 135th Street during the year 2003, which was a staff recommendation.

2 Page 2 Mr. Loudon moved to approve a public hearing to be held on February 3, 2003, regarding the CIP, as recommended on January 13, 2003, by the Committee of the Whole, (the December 9, 2002, proposed CIP, with the addition of a $600,000 expenditure for the purchase of right-of-way at the northwest corner of U.S. 69 Highway and 135th Street during the year 2003). The motion was seconded by Mr. Jim Hix and carried with a vote of 6 to 0. Mayor Eilert recognized boy scouts from Troop No. 122, sponsored by the Heart of America Council and Grace Covenant Church. CITY MANAGER JOHN M. NACHBAR CONSENT AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS: COUNCIL MINUTES November 11 and December 9, EXPENDITURE ORDINANCE NO. 1A Outlining the expenditures from the General Operating Fund for December 19, 2002, through January 1, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 1A Outlining the expenditures from the Capital Projects Funds for January 1 through January 8, APPLICATIONS FOR NEW DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING TEMPORARY CERTIFICATES OF OCCUPANCY: Mimi s Café Kansas, Inc., d/b/a Mimi s Café, 8301 W. 135th Street, Fredrick Allen Wohlgemuth, manager. Old Chicago of Kansas, Inc., d/b/a Old Chicago, Metcalf Avenue, Matt Llewellyn, manager. APPLICATION FOR RENEWAL OF DIRNKING ESTABLISHMENT LICENSE El Grande, Inc., d/b/a El Grande Mexican Buffet, 6800 W. 95th Street, Baoquin Hu, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSES: Chili s of Kansas, Inc., d/b/a On the Border Mexican Café No. 116, W. 95th Street, Corey Wheeler, new manager. La Cocina Del Puerco of Overland Park, Inc., d/b/a La Cocina Del Puerco, 9097 Metcalf, Colleen Giroux, manager.

3 Page 3 PUBLIC SAFETY COMMITTEE ITEMS: TB & G, Inc., of Kansas, d/b/a Tanner s Bar and Grill, W. 119th Street, Mark J. Brentano, manager. ORDINANCE NO. AEB-2416 Relating to adult business regulations in the City. STAFF ITEMS: APPLICATION FOR RENEWAL OF MASSAGE THERAPY LICENSE JC Penney Styling Salon & Day Spa, W. 95th Street, Sue Locey, applicant. APPLICATION FOR RENEWAL OF MASSAGE THERAPY LICENSE CONTINGENT ON RECEIVING FIRE CODE APPROVAL Hands of Therapy, Antioch, Edra Vazquez, applicant. PUBLIC WORKS STAFF ITEMS: RESOLUTION NO Declaring it necessary to appropriate private property for the use of the City, for the improvement of a main trafficway Pflumm Road from 135 meters south of the centerline of 143rd Street to 125 meters south of the centerline of 135th Street, and 143rd Street from 100 meters west of the centerline of Pflumm Road to 200 meters east of the centerline of Pflumm Road in the City. ORDINANCE NO. CON-2421 Authorizing and providing for the acquisition of lands or interests therein by condemnation for the improvement of Pflumm Road from 135 meters south of the centerline of 143rd Street to 125 meters south of the centerline of 135th Street, and 143rd Street from 100 meters west of the centerline of Pflumm Road to 200 meters east of the centerline of Pflumm Road in the City. Mr. Loudon moved for the approval of the Consent Agenda. The motion was seconded by Ms. Marcia A. Gilliland. Mr. George Kandt asked that Ordinance No. AEB-2416 be removed from the Consent Agenda for separate consideration. The motion carried by a roll-call vote of 6 to 0. Mr. Kandt stated that Ordinance No. AEB-2416 relates to adult business regulations in the City of Overland Park. He noted that Assistant City Attorney Tammy Owens would provide the staff report on this item. Mrs. Owens indicated that Ordinance No. AEB-2416 regards amendments to the City s existing adult business ordinance. The changes in the proposed ordinance primarily reflect developments in the law concerning the regulation of adult businesses that

4 Page 4 have occurred in the last seven years since the ordinance was last changed. The proposed amendments and the underlying ordinance are intended to help address the secondary effects associated with adult businesses including enhanced crime, decreased property values, and general community blight. Staff has provided the Council with a packet of information that includes numerous studies indicating the detrimental secondary effects associated with the presence of adult businesses within a community. In addition, a comprehensive staff report was prepared and has been given to the Council regarding the studies in the case law that support the regulatory provisions that are included. Staff requested that the secondary effects studies in the staff report be made a part of the record. The Planning and Development Services staff prepared a map that indicates the 208 viable sites for adult businesses that are referenced in the staff report. Mr. Kandt moved to approve Ordinance No. AEB Mrs. Happer Scheier seconded the motion, which carried with a roll-call vote of 6 to 0. REGULAR AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT Thomas C. Tim Owens, Chairman Mr. Loudon noted that because of the Governor s State of the State of Kansas address, this month s Finance, Administration and Economic Development Committee meeting has been rescheduled to occur on January 16, Director of Finance, Budget and Administration Kristy Stallings explained that the liquor licenses will no longer be placed on the Regular Agenda. They will be included in the Consent Agenda. Noting that the liquor licenses have been moved to the Consent Agenda, Ms. Gilliland asked if the Council will still be notified if the criteria has not been met for any liquor license renewal. Mrs. Stallings replied that all of the liquor license recommendations will be contingent upon certain conditions. Staff does not issue the licenses until those conditions are met. COMMUNITY DEVELOPMENT Neil S. Sader, Chairman BID TABULATION - Rental and Operation of Heavy Equipment. Director of Parks and Recreation Jim Cox recommended the acceptance of the bid from Larry Bair Excavating, Inc., for the rental and operation of heavy equipment in the year 2003, in the amount of $1,797, for cumulative total hourly rental rates; and that for the year 2004 there be a renewal by mutual agreement based on satisfactory

5 Page 5 performance with respect to the year 2003, in the amount of $1,871, for cumulative total hourly rental rates. The expenditures for rental and operation of heavy equipment during 2003 and 2004 are estimated to be between $40,000 and $80,000. Mr. Hix moved to accept the bid, from Larry Bair Excavating, Inc., as recommended by staff, for the rental and operation of heavy equipment in the year 2003, in the amount of $1,797, for cumulative total hourly rental rates; and that for the year 2004 there be a renewal by mutual agreement based on satisfactory performance with respect to the year 2003, in the amount of $1,871, for cumulative total hourly rental rates. After a second by Mr. Kandt, the motion carried with a vote of 6 to 0. PUBLIC SAFETY George Kandt, Chairman Mr. Kandt commended Police Chief John Douglass on the promotional ceremony that was held yesterday to promote three police officers. PUBLIC WORKS Byron C. Loudon, Chairman BID TABULATION Electronic GPS Surveying Equipment. City Traffic Engineer Brian Shields stated that the staff recommendation was to accept the low bid for electronic GPS surveying equipment from GIS Workshop, Inc., in the amount of $26,720. Mr. Goodman moved to accept the bid from GIS Workshop, Inc., in the amount of $26,720, for electronic GPS surveying equipment. The motion was seconded by Mr. Kandt, and carried with a vote of 6 to 0. BID TABULATION Goodman (Estates of Nottingham South) Bank Stabilization and Flood Control. Mr. Shields indicated that staff was recommending the acceptance of the low bid from Mahurin Construction, in the amount of $169,672.81, for bank stabilization and flood control for the property located at Goodman (Estates of Nottingham). Mr. Loudon moved to accept the low bid from Mahurin Construction, in the amount of $169,672.81, for the bank stabilization project regarding the property located at Goodman. The motion was seconded by Mrs. Happer Scheier, and carried with a vote of 6 to 0.

6 Page 6 RESOLUTION NO AND KDOT AGREEMENT NO Kansas Department of Transportation for the construction of Pflumm Road from 135th Street to 143rd Street. Mr. Shields explained that the approval of this item would allow the City to be granted approximately $4.6 million in TEA21 funding. The City s Law Department reviewed these documents and recommended approval of this request. Mr. Loudon moved to approve Resolution No and KDOT Agreement No , for the construction of Pflumm Road from 135th Street to 143rd Street, as recommended by staff. The motion was seconded by Mrs. Happer Scheier, and passed by a vote of 6 to 0. Director of Planning and Development Services Roger Peterson commented that earlier in the day staff received the copies of the Infill, Commercial and Multifamily Design Guidelines from the printers. He noted that one copy would be placed in the Council reading room. OLD BUSINESS: EXECUTIVE SESSION For the purpose of discussing matters subject to the attorney-client privilege relating to: (1) The City of Merriam, Kansas, and The City of Overland Park, Kansas v. HNTB Corporation, APAC-Kansas, Inc., Liberty Mutual Insurance Co., and the Kansas Department of Transportation, Johnson County District Court Case No. 01 CV 02148; and (2) Douglas Dezube et al. v. City of Overland Park, Kansas, et al., Johnson County District Court Case No. 02 CV At 7:45 p.m., Mr. Loudon moved that the Governing Body recess into an executive session for a period of time not to exceed ten minutes, for the purpose of discussing matters subject to the attorney-client privilege, relating to the City of Merriam, Kansas, and the City of Overland Park, Kansas, versus HNTB Corporation, APAC- Kansas, Inc., Liberty Mutual Insurance Co., and the Kansas Department of Transportation, Johnson County District Court Case No. 01 CV 02148; and Douglas Dezube et al., versus City of Overland Park, Kansas et al., Johnson County District Court Case No. 02 CV 06013, and that following the executive session the Council reconvene into regular session. The motion was seconded by Mr. Kandt, and carried with a unanimous vote. At 7:55 p.m., the Council reconvened into an open session. Mr. Loudon moved to approve the release and agreement for the settlement of the law suit captioned The City of Merriam, Kansas, and the City of Overland Park, Kansas, versus HNTB Corporation, APAC-Kansas, Inc., Liberty Mutual Insurance Co., and the Kansas Department of Transportation, Johnson County District Court Case No. 01 CV The motion was seconded by Mr. Kandt. Mayor Eilert commented that this settlement pertained to the bridge over the railroad tracks in the vicinity of I-35.

7 Page 7 The motion carried with a vote of 6 to 0. NEW BUSINESS: Mayor Eilert announced that he had asked Council President Gerlach, and Councilmembers Hix and Happer Scheier to serve on a Council Steering Committee to address the public support effort regarding the proposed new one-eighth of one percent sales tax. All three Councilmembers have agreed to serve on this Committee. He assumed that as the campaign is further defined, the Committee would be asking other Councilmembers to participate in this effort. ADJOURNMENT: At 8 p.m., Mr. Loudon moved to adjourn the meeting. The motion was seconded by Mr. Kandt and carried with a vote of 6 to 0. Minutes transcribed by Pamela Blaszyk. ATTEST: Ed Eilert, Mayor Marian Cook, City Clerk