OVERLAND PARK CITY COUNCIL MEETING. July 14, 2008

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING July 14, 2008 Council President Jim Hix called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. Terry Goodman; Mrs. Terry Happer Scheier; Mr. David White; Mr. Fred Spears; Mr. Dave Janson; Mr. John Skubal; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. Paul Lyons. Mayor Carl R. Gerlach and Mr. George Kandt were absent (excused). Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. James Cox, Director of Parks and Recreation; Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mr. Bart Budetti, Senior Assistant City Attorney; Mrs. Vicki Irey, Director of Information Technology; Mr. Bob Jones, Director of Human Resources; Mr. Brian Shields, City Traffic Engineer; Mrs. Kristy Stallings, Deputy City Manager; Mr. Doug Brown, Director of Public Works; Mr. Dave Scott, Chief Financial Officer; Ms. Peggy Sneegas, Assistant Director of Planning and Development Services; Mr. Rob Welton, Associate PC Support Specialist; Ms. Kati Bernard, Communications Assistant; Ms. Loren Stanton, Overland Park Sun; and Mrs. Barbara Potts, Recording Secretary. Approximately 25 people were in the audience. PLEDGE OF ALLEGIANCE Council President Jim Hix led the audience in the Pledge of Allegiance. Council President Hix recognized Boy Scout Troop No. 522 sponsored by Indian Creek Church. MAYOR CARL R. GERLACH CITY MANAGER JOHN NACHBAR CONSENT AGENDA: PUBLIC SAFETY: COMMITTEE ITEMS: ORDINANCE NO. POC-2766 Adding provisions regarding stolen vehicles, intentionally damaging property, and funeral picketing, to make the municipal code consistent with state law. WAIVE BID PROCESS AND AUTHORIZATION TO SOLE SOURCE PURCHASE L-3 Mobile-Vision, Inc., for five cameras and one recording system for the Police Department booking area in the amount of $23,100.

2 Page 2 AGREEMENT Rainbow Valley Police Department, L.L.C., to create a public safety educational video focusing on police services. AGREEMENT PropertyRoom.com, Inc., for access to Internet auction services to dispose of unclaimed Police property room items and surplus Police and Fire Department equipment. STAFF ITEMS: APPLICATION FOR NEW MASSAGE ESTABLISHMENT LICENSE - Alysim Spa, L.L.C., W. 119th Street, Wai Sim Martin, applicant. APPLICATION FOR NEW IN-OFFICE MASSAGE LICENSE - Allure Massage Studios, Barkley, Anthony Flures, applicant. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT: STAFF ITEMS: COUNCIL MINUTES June 9, 2008 CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 7B Outlining the expenditures from the Capital Projects funds for July 3 through July 9, APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES: Chipotle Mexican Grill of Kansas, L.L.C., d/b/a Chipotle Mexican Grill, 6879 W. 91st Street, Vidalina Lopez, manager. MGMCO, Inc., d/b/a St. Andrews Golf Club, W. 135th Street, Curt Nelson, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE - Famous Johnny's Comedy Club, d/b/a Famous Johnny's Comedy Club, Floyd, Clint Wagner, manager. APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter No. 3273, Metcalf, Keith McEnaney, manager. Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter No. 5180, Metcalf, Jeff Frank, manager. Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter No. 5207, 9000 Metcalf, Michael Weant, manager. A motion was made by Mr. David White to approve the preceding Consent Agenda items as listed. Mrs. Terry Happer Scheier seconded, and the motion passed by a roll-call vote of 11 to 0.

3 Page 3 REGULAR AGENDA: PUBLIC SAFETY COMMITTEE REPORT George Kandt, Chair BID TABULATION For Sale (disposal of City-owned property) - Two (2) Female Pembroke Welsh Corgi Pups. Police Chief John Douglass presented the bid tabulation for two female Pembroke Welsh Corgi pups. He explained that this is not for the purchase of two animals but for the sale and disposal of property. These two pups were confiscated as part of a fraud and identity theft, large conspiracy case. Staff tried to return the pups to the dog breeder who did not want them back. Consequently, the Police Department found themselves the public owners of these two puppies. Therefore, the puppies were put out for bid. There was only one bid received from Ms. Robin Cipolla in the amount of $100 for both puppies. Staff recommends acceptance of the bid in the amount of $100 payable to the City of Overland Park. Mr. Terry Goodman said he hoped that staff conducted some type of reasonable due diligence to determine that these puppies would be going to a good home. Chief Douglass assured the Council that staff treated this situation as property with value. The puppies are actually worth $1,500 each. The rules were followed concerning the bidding process as opposed to any other type of adoption philosophy. Staff does not anticipate any problems or issues concerning the puppies. A motion was made by Mrs. Happer Scheier to accept the bid in the amount of $100 for both puppies, payable to the City of Overland Park from Ms. Robin Cipolla, located at England, Overland Park, Kansas, for the sale and disposal of confiscated property (two female Pembroke Welsh Corgi pups). Mr. David Janson seconded, and the motion passed by a vote of 11 to 0. COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Happer Scheier, Chair

4 Page 4 PUBLIC WORKS COMMITTEE REPORT Fred Spears, Chair SUPPLEMENTAL AGREEMENT NO. 2 HNTB Corporation for additional engineering services for the Indian Creek Flood Control Project from Roe to Mission in an amount not to exceed $73,684. Director of Public Works Doug Brown presented Supplemental Agreement No. 2 for the Indian Creek Flood Control project from Roe to Mission. As he explained, this supplemental agreement is to provide engineering services to address final design efforts associated with the channel bank restoration and construction inspection services during the construction phase of the project. Staff recommends approval of Supplemental Agreement No. 2 with HNTB Corporation for additional engineering services for the Indian Creek Flood Control Project from Roe to Mission in an amount not to exceed $73,684. Mr. Fred Spears moved to approve Supplemental Agreement No. 2 with HNTB as outlined by Mr. Brown. Mr. White seconded, and the motion passed by a vote of 11 to 0. ADDENDUM NO. 2 TO ON-DEMAND AGREEMENT FOR FLOOD WARNING DECISION SUPPORT SERVICES David Ford Consulting Engineers, Inc., for Flood Warning System Enhancements in an amount not to exceed $168,000. Mr. Brown said that Addendum No. 2 outlines the specific items recommended for improvement in the Johnson County Flood Warning System Implementation and Management Study that will be completed in the 2008 contract, based on Storm Water Management Advisory Committee (SMAC) funding. He explained that this is a multi-year project, and each scope will be based on annual funding from the Johnson County Storm Water Management Advisory Committee. Staff recommends approval of Addendum No. 2 to the On-Demand Agreement for Flood Warning Decision Support Services between the City and David Ford Consulting Engineers, Inc., for Flood Warning System Enhancements not to exceed $168,000. Mr. White said it was his understanding that the cost of this project would be reimbursed from the SMAC fund. Mr. Brown confirmed that to be correct. Mr. Spears moved to approve Addendum No. 2 to the On-Demand Agreement for Flood Warning Decision Support Services with David Ford Consulting Engineers, Inc., for Flood Warning System Enhancements in an amount not to exceed $168,000. Mr. White seconded, and the motion passed by a vote of 11 to 0.

5 Page 5 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA: SPECIAL EVENT PERMIT NO Vicinity of Santa Fe Drive, between 79th Street and 80th Street. A special event permit is requested to allow promotions for businesses in downtown Overland Park on the third Thursday of the month from July to December, Application made by Renee Wilcox, representing the Downtown Overland Park Partnership, Inc. There being no response to the opening of the public hearing for Special Event Permit No , Council President Hix declared it closed. SPECIAL EVENT PERMIT NO Nall. A special event permit is requested to allow three detached banners from July 28 to August 24, Application made by Danielle Withroder, representing Kansas City Christian School. Council President Hix invited comments from the public in regard to Special Event Permit No Mr. Bill Fitzgerald, development director at Kansas City Christian School, 4801 West 79th Street, Prairie Village, Kansas, said that concerns have been expressed that this is their fourth request for signage at their school, because it is beyond the normal two opportunities allowed per year. He also mentioned that the last time he requested a special event permit, the City was kind enough to extend them a four-month opportunity to allow signs in front of the school. Mr. Fitzgerald commented that there are extenuating circumstances with regard to his request. He explained that the Kansas City Christian School is a new presence and people are just becoming aware of the school. School begins the week of August 20th, and they need a total of 44 students to attend just to balance their budget. Currently, they have 32 students, so they need to put up new signage to draw more attention to the school. He explained that many students enrolled at the beginning of the summer, and usually there is a fairly good influx of enrollments at the end of summer. He is hoping the new signs will result in additional enrollments, and that is the reason for his request. No one else came forward, and the public hearing was closed. Mr. Terry Goodman stated that he will vote for the detached banners at the Kansas City Christian School at this time, but he would hope that next year, the Council

6 Page 6 would not be looking at the same banner scheme. As he explained, the uniqueness of the banners will have lost its effectiveness a year from now. He advised the applicant not to make this same request next year. Mr. Fitzgerald said he does not plan to make this type of request next year. As he explained, once they are in the school, the banners will no longer be needed. SPECIAL EVENT PERMIT NO West 135th Street. A special event permit is requested to allow Grand Opening events for a bank from July 14 to August 9, Application made by Commerce Bank. Council President Hix announced the public hearing for Special Event Permit No Mr. Matt Mitchum, branch manager for Commerce Bank, 6305 West 135th Street, said that Commerce Bank actually opened their doors for business on July 7, He indicated that Commerce Bank is having a grand opening event, which extends through the week of August 2nd to August 9th. He explained that their current permit only runs until July 22nd. Therefore, to generate the interest for the grand opening week in August, he is requesting a special event permit to allow the banner and sky puppet until August 9th, when the event is completed. After confirming that no one else wished to speak for or against this item, Council President Hix closed the public hearing and entertained a motion. Mrs. Happer Scheier moved to approve the Planning Commission Consent Agenda items as presented. Mr. Janson seconded the motion, which passed by a roll-call vote of 11 to 0. PLANNING COMMISSION REGULAR AGENDA REZONING NO Vicinity of the northwest corner of 121st Street and Metcalf. Rezoning is requested from CP-2, Planned General Business District, to CP-3, Planned Commercial District, to allow a car wash. Application made by Andrew Schlagel. The Planning Commission approved this item on June 9, 2008, by a vote of 10 to 0. Ordinance No. Z (Continued from the July 7, 2008, Council meeting). Council President Hix explained that the referenced item was presented at last week s meeting, and he made a request for a one week continuance. During the week, he has been working with the applicant, and although they are making progress, they could use another week to accomplish that. He requested a continuance until the July 21, 2008, City Council meeting. A motion was made by Mr. Goodman to continue Rezoning No to the City Council meeting on July 21, Mrs. Happer Scheier seconded, and the motion passed unanimously. OLD BUSINESS: None.

7 Page 7 NEW BUSINESS: MID-AMERICA REGIONAL COUNCIL REPORT. ADJOURNMENT: At 7:45 p.m., Council President Hix declared the meeting adjourned. Minutes transcribed by Barbara Potts. ATTEST: Jim Hix, Council President Marian Cook, City Clerk