OVERLAND PARK CITY COUNCIL MEETING. September 21, 2009

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING September 21, 2009 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:35 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. David White; Mr. Jim Hix; Mr. Dave Janson; Mr. John Skubal; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. Paul Lyons. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Bill Ebel, Director of Planning and Development Services; Mr. Steve Smith, Police Lieutenant Colonel; Mr. Bryan Dehner, Fire Chief; Mr. Mike Casey, Deputy Fire Chief; Mr. Bart Budetti, Senior Assistant City Attorney; Mrs. Vicki Irey, Director of Information Technology; Mrs. Kristy Stallings, Deputy City Manager; Mr. Brian Shields, City Traffic Engineer; Mr. Dave Scott, Chief Financial Officer; Mr. Sean Reilly, Communications Manager; Mr. Rob Welton, Associate PC Support Specialist; Mr. Brad Cooper, Kansas City Star; and Ms. Nancee Ellis, Recording Secretary. Approximately 30 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Gerlach led the audience in the Pledge of Allegiance. MAYOR CARL R. GERLACH Mayor Gerlach recognized government classes in the audience from Rockhurst High School and Shawnee Mission North. PROCLAMATION Proclaiming the week of October 4 through October 10, 2009, as National Fire Prevention Week in Overland Park. PROCLAMATION Proclaiming the month of October 2009 as National Community Planning Month in Overland Park. Mayor Gerlach extended his congratulations and presented the two proclamations as outlined. REAPPOINTMENT TO THE BOARD OF ZONING APPEALS William N. Bode Term to Mr. Fred Spears moved for the referenced reappointment as outlined. The motion was seconded by Mr. George Kandt, which passed by a 12 to 0 vote. CITY MANAGER JOHN NACHBAR

2 Page 2 CONSENT AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS AGREEMENT Charles Stebbins Counseling Services for Community Weekend Intervention Program for a three-year period of time. AUTHORIZATION OF A MARKETING PROCESS FOR PROPERTY AND LIABILITY INSURANCE GROUP MEDICAL AND DENTAL PLAN Approval of a 2010 premium rate structure for medical and dental plans. SELECTION OF A TELECOMMUNICATION AUDIT SERVICES PROVIDER TelePlus Solutions Corporation. RESOLUTION NO Designating certain banks, savings and loan associations and federally chartered savings banks as depositories of public funds of the City. RESOLUTION NO Amending the City s 457 Deferred Compensation Plan administered by the International City Management Association Retirement Corporation. STAFF ITEMS COUNCIL MINUTES August 17, CONFIRMATION OF INVESTMENTS - $4 million in Certificates of Deposit and $15 million in U.S. Agency Securities/U.S. Treasury. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 9C Outlining the expenditures from the Capital Projects Fund for September 10 through September 16, APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE - The Peanut of Kansas, d/b/a The Peanut of Kansas, Metcalf, April Allen, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: A-Yang, Inc., d/b/a Kobe Steak and Sushi, Metcalf, Andy Yang, manager. Chaks, Inc., d/b/a Fortune Wok, W. 135th Street, Chak Lau, manager. Kansas Hospitality Services, Inc., d/b/a Courtyard by Marriott, Woodson, Steven M. Nechvatal, manager.

3 Page 3 Real Wing, Inc., d/b/a Buffalo Wild Wings, 7030 W. 105th Street, Erik Patrick Bryant, new manager. The Noodle Shop Company - Kansas, L.L.C., d/b/a Noodles and Company, Metcalf, David Griffiths, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT AND CATERERS LICENSE CONTINGENT ON RECEIVING STATE LICENSE - Johnson County Community College d/b/a Cafe Tempo Johnson County Community College, College Boulevard, Jay Stewart Glatz, manager. APPLICATION FOR NEW CEREAL MALT BEVERAGE LICENSE - Anden, d/b/a Thai Place, 9359 W. 87th Street, Arun Liberda, manager. APPLICATION FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSE - Suraj Corporation, d/b/a Shell Gas Station Suraj Corporation, W. 103rd Street, Jiwan Jyoti Sood, manager. REQUEST TO EXTEND PREMISES TO SELL ALCOHOLIC LIQUOR - The Other Place, d/b/a The Other Place, for an event to be held October 17, 2009, from 9:00 a.m. until 5:00 p.m., in the vicinity of Santa Fe Drive, between 79th Street and 80th Street, Chrissy Greig, manager. Mr. Spears moved for the approval of the preceding Consent Agenda items as listed. After a second by Mr. Kandt, the motion carried by a 12 to 0 roll-call vote. REGULAR AGENDA PUBLIC WORKS COMMITTEE REPORT Terry Happer Scheier, Chair STAFF REPORT BID TABULATION College Boulevard, Benson to Nall KDOT Project No. 46 N ; Federal Aid No. ARRA-N048(101); City Project No. MR City Traffic Engineer Brian Shields stated that this bid tabulation is for the overlay of College Boulevard, from Benson to Nall. Staff recommends approval of the low bidder, O Donnell and Sons Construction Company, Inc., in the amount of $3,553, Mrs. Terry Happer Scheier moved for approval of the bid tabulation from O Donnell and Sons Construction Company, Inc., as recommended by staff. After a second by Mr. Dave White, the motion carried by a 12 to 0 vote.

4 Page 4 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Jim Hix, Chair INFORMATIONAL ITEM Review of Municipal Court Judges Pro Tempore. Mr. Jim Hix advised that in accordance with the provisions of Resolution No. 3755, the Finance, Administration and Economic Development Committee reviewed, with the Administrative Judge, the list of Pro Tem Judges used by the municipal court on an annual basis. He stated that after the review, it was agreed to retain the same Pro Tem Judges for next year. RESOLUTION NO Authorizing the execution of an underwriting services agreement relating to the Transportation Development District Sales Tax Revenue Bonds, Series 2009 and authorizing certain actions in connection therewith. (Oak Park Mall Project). Deputy City Manager Kristy Stallings advised that this process began nearly a year ago. With the events that occurred relative to the economy and the retail market, the project was put on hold. Because the market conditions have improved, after reviewing the updated top three proposals, Mrs. Stallings said staff recommends approving Resolution No. 3775, which authorizes staff to enter into an underwriting services agreement with Oppenheimer and Company. Mr. Hix moved for the adoption of Resolution No. 3775, which authorizes the execution of an underwriting services agreement with Oppenheimer and Company relating to the Transportation Development District Sales Tax Revenue Bonds, Series 2009, for Oak Park Mall. After a second by Mrs. Donna Owens, the motion carried by a 12 to 0 roll-call vote. PUBLIC SAFETY COMMITTEE REPORT George Kandt, Chair STAFF REPORT ACCEPTANCE OF PROPOSAL Effective Fire Service Training for Air Management Training services in the amount of $25,003. Fire Chief Bryan Dehner advised that a month ago, in conjunction with the Federal Emergency Management Grant, the City Council approved the replacement of the department s self-contained breathing apparatus (SCBA). The grant was in excess of $260,000, and a component of the grant was to provide training for the equipment. Chief Dehner stated that staff recommends accepting the only proposal received from Effective Fire Service Training for Air Management Training in the amount of $25,003. He said while this company was the only proposal received, their Air Management Training Program is considered one of the best offered.

5 Page 5 Mr. Kandt moved for acceptance of the proposed bid from Effective Fire Service Training for Air Management Training services in the amount of $25,003. The motion was seconded by Mrs. Owens and passed unanimously. COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair STAFF REPORT RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA SPECIAL EVENT PERMIT NO West 151st Street. A special event permit is requested from September 29 through October 26, 2009, to allow a pumpkin sale in the parking lot. Application made by Queen s Price Chopper. SPECIAL USE PERMIT NO Broadmoor. A special use permit is requested for a ten-year period of time to allow the renewal of a dance studio in an industrial zoning district. This property is currently zoned lp-1j, Planned Light Industrial District, Johnson County. Application made by Le Dance, L.L.C. The Planning Commission approved this item for a five-year period of time on August 24, 2009, by a vote of 10 to 0. Ordinance No. Z SPECIAL USE PERMIT NO Merriam Drive. A special use permit is requested for a five-year period of time to allow the renewal of a contractor s storage yard. This property is currently zoned CP-3, Planned Commercial District. Application made by Richard Crystal. The Planning Commission approved this item for a five-year period of time on August 24, 2009, by a vote of 10 to 0. Ordinance No. Z SPECIAL USE PERMIT NO Flint. A special use permit is requested for a five-year period of time to allow the renewal of a sports or recreation facility in an industrial-zoned development. This property is currently zoned M-1, Industrial Park District. Application made by 68 Inside Sports. The Planning Commission approved this item for a five-year period of time on August 24, 2009, by a vote of 10 to 0. Ordinance No. Z SPECIAL USE PERMIT NO West 151st Street. A special use permit is requested for a five-year period of time to allow the renewal of a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by Stanley Station Associates, L.P. The Planning Commission approved this item for a five-year period of time on August 24, 2009, by a vote of 10 to 0. Ordinance No. Z-3421.

6 Page 6 Mr. Spears moved for the approval of the preceding Consent Agenda items as recommended. After a second by Mrs. Happer Scheier, the motion passed by a 12 to 0 roll-call vote. PLANNING COMMISSION REGULAR AGENDA RESIDENTIAL DAY-CARE PERMIT NO Century Lane. The applicant is requesting renewal of a residential day-care permit for a five-year period of time. Application made by Lynda and Frank Flanders. Mr. Ebel relayed that this is the fourth renewal of a residential day-care permit for this property. He said the applicants have complied with their state permit and have also received their mandatory fire inspection from the City. Mr. Ebel said staff recommends approval of this application as requested, with no stipulations. The applicant was present but had no comments. Mayor Gerlach opened and closed the public hearing with no one wanting to comment. Mr. Spears moved for the approval of Residential Day-Care Permit No , Century Lane, for a five-year period of time as requested. Mr. Kandt seconded the motion, which carried by a 12 to 0 vote. SPECIAL EVENT PERMIT NO Frontage Road. A special event permit is requested to allow a banner on a building from September 21, 2009, through completion of road construction along the Frontage Road of I-35 and 79th Street. Application made by Mike Miller, representing Auto Now. (Continued from the September 14, 2009, Council meeting.) Mr. Ebel showed Councilmembers a map of the area that is currently under intense construction activity relating to the U.S. 69 Highway and 75th Street exits on I-35. He said construction for this portion along Frontage Road is scheduled to continue until May The applicant has requested that he be allowed to attach a temporary banner on the face of his building, through the entire construction period, to indicate the business is open during the construction phase. Mr. Ebel advised that staff, in coordination with the Public Works Department, has determined the majority of the construction directly in front or adjacent to the applicant s property, should be completed by December Therefore, staff recommends approval of Special Event Permit No , from September 21 to December 31, 2009, subject to stipulation a. Mr. Ebel said the applicant could not be in attendance this evening due to a family emergency. Mayor Gerlach opened the public hearing, but with no one wanting to comment, the public hearing was closed.

7 Page 7 Mr. Spears moved for approval of Special Event Permit No , 7899 Frontage Road, to allow a banner on a building from September 21 to December 31, 2009, with stipulation a. Mrs. Happer Scheier seconded the motion, which carried by a 12 to 0 vote. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT At 8 p.m., Mr. Spears moved to adjourn the meeting. After a second by Mr. Kandt, the motion carried by a 12 to 0 vote. Minutes transcribed by Nancee Ellis. Carl R. Gerlach, Mayor ATTEST: Marian Cook, City Clerk