OVERLAND PARK CITY COUNCIL MEETING. November 17, 2003
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1 OVERLAND PARK CITY COUNCIL MEETING 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. Thomas C. Tim Owens, Council President; Mr. Neil S. Sader; Mr. Carl R. Gerlach; Mr. George Kandt; Mr. Terry Goodman; Mr. Jim Hix; Ms. Marcia A. Gilliland; Mrs. Terry Happer Scheier; Mr. Daniel Carbery; Mr. Fred Spears; and Mr. John H. Thompson. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; 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, Information Technology; Mr. Mike Russo, Administrator, Retirement Plans; and Mrs. Kathleen Imair, Recording Secretary. Approximately 20 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Eilert led the audience in the Pledge of Allegiance. MAYOR ED EILERT Mayor Eilert recognized members of the Shawnee Mission West High School Government class. CITY MANAGER JOHN M. NACHBAR CONSENT AGENDA COMMUNITY DEVELOPMENT COMMITTEE ITEMS AGREEMENT Kansas Correctional Industries for microfilming services for Planning and Development Services. PUBLIC SAFETY COMMITTEE ITEMS AGREEMENT Consolidated Fire District No. 2 of Northeast Johnson County for Fire Services in the amount of $416,000. CONTRACTS Amendments to School Resource Officer Agreements with Shawnee Mission School District and Blue Valley School District.
2 Page 2 BID TABULATION Uniform Laundering and Dry Cleaning for AGREEMENT Dry Cleaners of Johnson County in the amount of $37, for uniform laundering and dry cleaning for AGREEMENT Water District No. 1 for use of facility located at 8000 W. 159th Street for canine training. JUVENILE INTAKE AND ASSESSMENT CENTER (JIAC) Assisting Johnson County with 2003 and 2004 shared funding of centralized booking/security in the amount of $57,836 (2003) and $67, (2004) contingency funds. CONTRACT Kansas State Fire Marshal to provide regional Hazardous Materials Emergency Response Team. AGREEMENT Lynn Brown, M.D., Medical Advisor to the City for Emergency Medical Services (EMS) using budgeted funds of $10,000. ORDINANCE NO. TC-1260, ZZ Amendments relating to the Traffic Code pertaining to the removal of maximum speed limits for school buses. SOLE SOURCE PURCHASE M/ACOM Corporation for Bi-Direction Amplifiers to improve the Police Radio System in the amount of $26,534. PUBLIC WORKS STAFF ITEMS ORDINANCE NO. MTI-2468 Providing for the public improvement of main trafficways 143rd Street, Switzer Road to Antioch Road, including the intersection of 143rd Street and Switzer Road. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS COUNCIL MINUTES October 20, CONFIRMATION OF INVESTMENTS Certificates of Deposit in the amount of $5,000,000 and U.S. Agency Securities of $9,937, EXPENDITURE ORDINANCE NO. 11A Outlining the expenditures from the General Operating Fund for October 23 through November 5, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 11B Outlining the expenditures from the Capital Projects Funds for November 6 through November 12, APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE MW Sports and Entertainment, L.L.C., d/b/a The Crossing, 7955 E. Frontage, Tom Pattison, manager.
3 Page 3 APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES: Chili s of Kansas, Inc., d/b/a Chili s Hamburger Grill and Bar, 9099 Metcalf, Gina Rau, manager. Tequila Harry s, Inc., d/b/a Tequila Harry s, College Boulevard, Joel H. Rush, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: GZT Food Trends, L.L.C., d/b/a Boulevard Grill, Newton, Larry Ziegler, manager. Milap Limited Company, L.L.C., d/b/a Touch of Asia, 6860 W. 105th Street, Harjinder Singh Gill, manager. Scoops, Inc., d/b/a Sheraton Overland Park, 6100 College Boulevard, Thomas G. Healy, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT AND CATERERS LICENSES A-Z Enterprizes, d/b/a Camelot Ballroom, 6635 W. 151st Street, Bridget Janner, manager. APPLICATION FOR RENEWAL OF CLASS A PRIVATE CLUB LICENSE Brookridge Golf and Country Club, d/b/a Brookridge Golf and Country Club, 8223 W. 103rd Street, Judith L. Renzi, manager. APPLICATIONS FOR NEW CEREAL MALT BEVERAGE LICENSES: Chin and San, Inc., d/b/a Jen Jen Chinese Restaurant, 9066 Metcalf Avenue, Wing Chin Lee, manager. Herbert Don Grimes, d/b/a Blue Valley Recreation Complex, W. 137th Street, Herbert Don Grimes, manager. APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: American Drug Stores, Inc., d/b/a Osco Drug Store #5134, W. 135th Street, Emily White, manager. James A. Hook, d/b/a Blue Valley Recreation Complex, 9701 W. 137th Street, James A. Hook, manager. Kansas Hospitality Services, Inc., d/b/a Overland Park Marriott Hotel, Metcalf, George Camalier, manager. K-Mart Corporation, d/b/a Big K-Mart #4443, 9401 Metcalf, David L. Vitale, manager.
4 Page 4 Minute Shop, Inc., d/b/a Minute Shop, Inc., Marty, Abbas Majidy, manager. Mayor Ed Eilert asked if there were any Consent Agenda Items that needed to be considered separately. Mr. Carl Gerlach requested that the Confirmation of Investments be considered separately so he could abstain from voting on that item. Mr. Thomas C. Tim Owens moved to approve the Consent Agenda as presented excluding the Confirmation of Investments under the Finance, Administration and Economic Development section. Mr. Neil Sader seconded the motion, which carried by a roll-call vote of 11 to 0. Mr. Terry Goodman moved to approve the Confirmation of Investments. Mr. Sader seconded the motion, which carried by a vote of 10 to 0 to 1. Mr. Gerlach abstained from the vote. REGULAR AGENDA COMMUNITY DEVELOPMENT Terry Goodman, Chairman CHANGE ORDER NO. 1 AT Abatement Services, Inc., for removal of asbestos material at 8100 Floyd in the additional amount of $5,186. Director of Parks and Recreation James Cox presented Change Order No. 1 with AT Abatement Services in the amount of $5,186. This is for the abatement of asbestos material on the last house, which is located at 8100 Floyd to be removed in the Downtown site for the new community center. He recommended approval of the change order. Mr. Owens moved to approve Change Order No. 1 with AT Abatement Services, Inc., as presented by staff. Ms. Marcia Gilliland seconded the motion, which carried by a vote of 11 to 0. PUBLIC SAFETY Neil Sader, Chairman
5 Page 5 PUBLIC WORKS Jim Hix, Chairman Mr. Hix announced two meeting changes. The November Public Works Committee meeting will be held on November 24, 2003, beginning at 7:00 p.m. and the December Public Works meeting has been moved to December 15, 2003, beginning at 6:30 p.m. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT Carl R. Gerlach, Chairman Mr. Gerlach announced that the November FAED Committee meeting would be held Wednesday, November 19, 2003, at 7:30 p.m. RESOLUTION NO Kansas Public Employees Retirement System (KPERS) Optional Group Life Insurance. Director of Human Resources Bob Jones presented Resolution No. 3361, which outlines the Kansas Public Employees Retirement System (KPERS) Optional Group Life Insurance option. Adoption of this resolution would allow City employees and Governing Body members that are members of KPERS to apply and purchase, at their expense, additional life insurance coverage through KPERS. If adopted, the affiliation with KPERS for the insurance would be effective January 1, 2004, and KPERS members would be able to apply at the open enrollment period in April of Mr. Thomas C. Tim Owens moved to approve Resolution No Ms. Marcia Gilliland seconded the motion, which carried by a vote of 11 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA REVISED PRELIMINARY PLAN APPROVAL Crystal Springs Development, vicinity of the northeast corner of 135th Street and Pflumm Road. Application made by Jack Waters Development. The Planning Commission approved this item on October 27, 2003, by a vote of 8 to 0, with 1 abstained vote. SPECIAL USE PERMIT NO Newton Street. A special use permit is requested for a five-year period of time to allow a drinking establishment. This property is currently zoned C-1, Restricted Business District. Application made by Bravos Holding Company, L.L.C. The Planning Commission approved this item on October 27, 2003, by a vote of 10 to 0, for a five-year period of time. Ordinance No. Z-3027.
6 Page 6 REZONING NO Vicinity of 159th Street and Bluejacket. Rezoning requested from RRJ, Rural Residential Johnson County, to R-1, Single-Family Residential District, to allow development of a single-family residential subdivision. Application made by Clay Blair Services Corporation. The Planning Commission approved this item on October 27, 2003, by a vote of 10 to 0. Ordinance No. Z REZONING NO Vicinity of the northwest corner of 159th Street and U.S. 69 Highway. Rezoning is requested from A-J, Agricultural District Johnson County to RP-3, Planned Garden Apartment District and CP-O, Planned Office Building District, to allow a townhome and office development. Application made by Andrew J. Schlagel. The Planning Commission denied this item on October 13, 2003, by a vote of 9 to 0. This item was continued from the November 3, 2003, City Council meeting. Ordinance No. Z REVISED PRELIMINARY PLAN APPROVAL Holly Ridge, vicinity of the northeast corner of 159th Street and Lowell Avenue. Application made by Andrew Schlagel. The Planning Commission denied this item on October 13, 2003, by a vote of 9 to 0. This item was continued from the November 3, 2003, City Council meeting. Mayor Eilert asked staff to report on the following items: Rezoning No and Revised Preliminary Plan Approval for Holly Ridge. Administrator of Current Planning Bob Lindeblad noted that the applicant, Mr. Andrew Schlagel, had written a letter requesting a continuance of the abovementioned items to the December 1, 2003, City Council meeting. Mayor Eilert stated that this was the second continuance request from the applicant and asked the applicant to comment on the reasons for the request. Mr. Andrew Schlagel, Planning Consultant, stated that Rezoning No was initiated with a waiver request to get the process started rather than waiting six months. He noted that there have been some issues outside of what is involved with the zoning that involved ownership, which has held up the application request and was not envisioned with the initial request. He felt these issues would be concluded by the next City Council meeting. Mayor Eilert opened a public hearing regarding Rezoning No and Revised Preliminary Plan for Holly Ridge. Without any comments, he closed the hearing. Mr. Owens moved to continue Rezoning No and its companion, the Revised Preliminary Plan for Holly Ridge. Mr. Hix seconded the motion, which carried by a vote of 11 to 0. Mayor Eilert opened the public hearing regarding the following Planning Commission Consent Agenda Items: Revised Preliminary Plan for Crystal Springs Development; Special Use Permit No ; and Rezoning No Without further comments, he closed the hearing.
7 Page 7 Mr. Owens moved to approve the above-mentioned Planning Commission Consent Agenda items as presented. Mrs. Terry Happer Scheier seconded the motion, which carried by a roll-call vote of 11 to 0. NON-AGENDA ITEM SPECIAL EVENT PERMIT NO West 95th Street. Mr. Lindeblad requested that a non-agenda item be heard regarding a request for a banner permit, which would begin December 1, 2003, for a business located at West 95th Street. The banner is being requested for a new business. Mr. Gerlach moved to add the non-agenda item. Mrs. Happer Scheier seconded the motion, which carried by a unanimous vote. Mr. Lindeblad stated that Impress Wireless is the new business requesting a banner. Impress Wireless is located in the Quivira 95 Shopping Center. They were given their two 15-day permits for temporary signage until their permanent signage could be installed this fall. The applicant requests that another banner be allowed for them to advertise their opening for 30 days. Staff usually gives special consideration for banners that are used for temporary signage while the permanent sign is approved. Staff recommends approval of the temporary banner for 30 days. Mayor Eilert opened the public hearing regarding the banner request. Without further comments, he closed the hearing. Mr. Owens moved to approve Special Event Permit No Mrs. Happer Scheier seconded the motion, which carried by a vote of 11 to 0. OLD BUSINESS Mayor Eilert announced that seven submittals had been received for those interested in being considered for a City Council appointment to the First Ward. He noted that Mr. Gerlach, Mr. Owens and he would conduct interviews November 21 and 24, Following the interview process they will provide a recommendation to the Council. NEW BUSINESS ADJOURNMENT Mr. Owens moved to adjourn the City Council meeting at 7:45 p.m. Mr. Sader seconded the motion, which carried by a unanimous vote. Minutes transcribed by Kathleen Imair. ATTEST Marian Cook, City Clerk Ed Eilert, Mayor
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