OVERLAND PARK CITY COUNCIL MEETING. October 19, 2009

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING October 19, 2009 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. Fred Spears, Council President; Mr. Terry Goodman; Mr. George Kandt; Mrs. Terry Happer Scheier; Mr. Jim Hix; Mr. Dave Janson; Mr. John Skubal; Mrs. Donna Owens; and Mr. Paul Lyons. Mr. Curt Skoog, Mr. Dan Stock, and Mr. David White were absent (excused). Also present were: Mr. John M. Nachbar, City Manager; Ms. Marian Cook, City Clerk; Mr. Bill Ebel, Director of Planning and Development Services; Mr. Bryan Dehner, Fire Chief; Mr. Steve Smith, Police Lieutenant Colonel; Mrs. Tammy Owens, Senior Assistant City Attorney; Mrs. Vicki Irey, Director of Information Technology; Mr. Doug Brown, Director of Public Works; Ms. Gena McDonald, Assistant Chief Financial Officer; Mr. Bob Watson, City Attorney; Mr. Dave Scott, Chief Financial Officer; Mr. Sean Reilly, Communications Manager; Mr. Rob Welton, PC Technician; and Mrs. Barbara Potts, Recording Secretary. Approximately 20 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Carl R. Gerlach led the audience in the Pledge of Allegiance. Mayor Gerlach recognized a Johnson County Community College Political Science student. PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM. Assistant Chief Financial Officer Gena McDonald explained that in the fall of each year, the Planning Commission and City Council hold preliminary public hearings to gather public input for the upcoming Capital Improvements Program (CIP). Although this is not required by law, hearings are held at this time to enable the City to take citizen comments into consideration during the development of the CIP. Ms. McDonald said the CIP is currently under development. She noted that the process will include development of the City Manager s preliminary proposed plan through December. She explained that the preliminary plan will then be presented to the Governing Body in December, after which the goal area committees will review it. The CIP will be brought back to the Governing Body for action and adoption in the first quarter of According to Ms. McDonald, she received two s regarding tonight s public hearing. The first was from Susan Johnson, 9122 Westbrook Drive. Her request was for consideration of a storm drain that runs west of Switzer and north of 92nd Place. The second was from Jonna Templar, who requested that funds be allocated to bring 170th Terrace up to code.

2 Page 2 Mayor Gerlach opened the public hearing. Mr. Kevin Farley, Stearns, stated that he wanted to speak positively about the adoption of the Capital Improvements Program which he would hoped would include the installment of a traffic signal at 143rd Street and Switzer. He explained that a traffic signal was scheduled to be implemented as part of a road improvement project on the western expansion of 143rd Street, but it was delayed by Council. Should the delay of that project continue, he would hope the Council would view move forward with the installation of the traffic signal at 143rd Street and Switzer. MAYOR CARL R. GERLACH REAPPOINTMENTS TO THE CITIZENS ADVISORY BOARD ON NON-BIASED POLICING. Rudy Padilla Term to Leo Morton Term to Michael Abrams Term to Mr. Fred Spears moved to approve the above-referenced reappointments to the Citizens Advisory Board on non-biased policing. Mr. George Kandt seconded, and the motion passed by a vote of 9 to 0. CITY MANAGER JOHN NACHBAR CONSENT AGENDA PUBLIC SAFETY COMMITTEE ITEMS: ORDINANCE NO. DAC-2771 Relating to licensing and registering dogs and cats; control and impoundment of domestic animals; and injured or diseased animals in the City. ORDINANCE NO. DAC-2756 Regarding animal control provisions for home confinement BULLETPROOF VEST GRANT U.S. Department of Justice Assistance in the amount of $10, with a City match of $10, REQUEST APPROVAL TO ACCEPT GRANT Kansas Department of Transportation for 2010 and 2011 Impaired Driving Deterrence Program Grant with no City matching funds required. ORDINANCE NO. CDC-2840 Allowing private clubs, drinking establishments, and caterers that hold multiple licenses to consolidate licenses into the same license year so that all licenses renew at the same time.

3 Page 3 AGREEMENT FOR USE OF INTERGRAPH PUBLIC SAFETY SOFTWARE For records management, police dispatch, and investigative case management with the Johnson County Sheriff s Office and the cities of Shawnee, Leawood, Prairie Village, Mission, and Roeland Park, Kansas. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS: CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 10B Outlining the expenditures from the Capital Projects Fund for October 8 through October 14, APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES: Chili's of Kansas, Inc., d/b/a Chili's Grill and Bar, 7001 W. 119th Street, Christopher Fruin, manager. Tailgaters, L.L.C., d/b/a Tailgaters, L.L.C., 7955 E. Frontage Road, Anthony Simone, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: Johnny Cascone's, Inc., d/b/a Johnny Cascone's Italian Restaurant, 6863 W. 91st Street, James Cascone, manager. PB and J Robin, L.L.C., d/b/a Red Robin, 8657 W. 135th Street, Jeff Maloney, new manager. Ruchi, Inc., d/b/a Ruchi Indian Cuisine, Antioch, Miranjan Reedy Seelam, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING FIRE CODE APPROVAL AND STATE LICENSE - 4:44, Inc., d/b/a Raoul's Velvet Room, 7222 W. 119th Street, John Morgan, new manager. APPLICATION FOR RENEWAL OF CATERING LICENSE CONTINGENT ON RECEIVING STATE LICENSE - Classic Catering Corporation, d/b/a Classic Catering Corporation, 9112 Cody, Mary Partridge, manager. APPLICATIONS FOR NEW CEREAL MALT BEVERAGE LICENSES: Sunshine Energy, L.L.C., d/b/a Sunshine Energy No. 59, 7701 W. 123rd Street, Mike Gies, manager. Sunshine Energy, L.L.C., d/b/a Sunshine Energy No. 63, Roe, Mike Geis, manager.

4 Page 4 Sunshine Energy, L.L.C., d/b/a Sunshine Energy No. 142, 6701 W. 119th Street, Mike Gies, manager. APPLICATION FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSE - Meiners Market of Quivira, L.L.C., d/b/a Phillips 66, Quivira, John Meiners, manager. A motion was made by Mr. Spears to approve the preceding Consent Agenda items as presented. Mrs. Terry Happer Scheier seconded the motion, which passed by a rollcall vote of 9 to 0. REGULAR AGENDA PUBLIC SAFETY COMMITTEE REPORT George Kandt, Chair COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair PUBLIC WORKS COMMITTEE REPORT Terry Happer Scheier, Chair BID TABULATION Traffic Signal Installations 95th Street and Nall; and 75th Street and Grandview. Director of Public Works Doug Brown explained that the scope of the project includes replacing the existing traffic signal systems at the intersection of 95th Street and Nall, and 75th Street and Grandview.

5 Page 5 Although Total Electric Construction Company has not completed traffic signal work for Overland Park in approximately the last ten years, Mr. Brown stated that staff checked their references from other municipalities in the Kansas City Metropolitan area and determined that Total Electric Construction Company appears to be qualified to perform such work. In terms of the budget impact, Mr. Brown said there is sufficient funding available in the 2009 Traffic Maintenance Program to fund these projects. Mrs. Happer Scheier moved to award the contract for the 2009 Maintenance Traffic Signals to the low bidder, Total Electric Construction Company, in the amount of $312,833. A second was made by Mr. Dave Janson, and the motion passed by a vote of 9 to 0. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Jim Hix, Chair RESOLUTION NO Accepting the resignation of Manufacturers and Traders Trust Company as trustee, and appointing a successor trustee relating to the Transportation Development District Special Assessment Bonds, Series 2006 (Tallgrass Creek Project) in the principal amount of $14,950,000 of the City. Senior Assistant City Attorney Tammy Owens presented Resolution No. 3780, accepting the resignation of Manufacturers and Traders Trust Company as trustee for the City s Transportation Development District Special Assessment Bonds, Series 2006, for the Tallgrass Creek Erickson Retirement project and appointing Wells Fargo as the successor trustee. In response to Mayor Gerlach s inquiry regarding the reason that Manufacturers and Traders Trust Company resigned, Ms. Janet Garms, Kutak Rock, explained that under the terms of the indenture, they do not have to provide a reason. However, the City has been told that Manufacturers and Traders Trust Company believe they may have a conflict of interest. A motion was made by Mr. Hix and seconded by Mrs. Donna Owens to approve Resolution No. 3780, accepting the resignation of Manufacturers and Traders Trust Company, as trustee, and appointing a successor trustee, Wells Fargo Bank, N.A., relating to the Transportation Development District Special Assessment Bonds, Series 2006 (Tallgrass Creek project), in the principal amount of $14,950,000. The motion passed by a 9 to 0 roll-call vote. OLD BUSINESS: None.

6 Page 6 NEW BUSINESS: EXECUTIVE SESSION For the purpose of discussing matters subject to the attorney-client privilege relating to the lawsuit pending in Johnson County District Court captioned H.E. Bunch and Vonnell Bunch, et al v. City of Overland Park, Kansas, Johnson County District Court Case No. 08CV9782. At 7:45 p.m., Mr. Spears moved that the Governing Body recess into executive session for a period of ten minutes for the purpose of discussing matters subject to the attorney-client privilege relating to the lawsuit entitled H.E. Bunch and Vonnell Bunch, et al v. City of Overland Park, Kansas, Johnson County District Court Case No. 08CV9782, pending in the Johnson County District Court. Mrs. Happer Scheier seconded the motion, which passed unanimously. The Council reconvened at 7:55 p.m., and a motion was made by Mr. Janson to adjourn the meeting. Mr. Spears seconded, and the motion passed unanimously. Minutes transcribed by Barbara Potts. ATTEST: Carl R. Gerlach, Mayor Marian Cook, City Clerk