OVERLAND PARK CITY COUNCIL MEETING. March 3, 2003

OVERLAND PARK CITY COUNCIL MEETING March 3, 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. Carl R. Gerlach, Council President; Mr. George Kandt; Mr. Byron C. Loudon; Mr. Jim Hix; Ms. Marcia A. Gilliland, Mrs. Terry Happer Scheier, Mr. Terry Goodman; Mr. Thomas C. Tim Owens; Dr. Jay F. Lehnertz; and Mr. Neil S. Sader. 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. Ken Rodney, Director of Information Technology; Mr. Dale Brown, City Engineer; Mr. Greg Ruether, Manager, Parks & Forestry; Mrs. Lori Knadle, Assistant City Manager; Mr. Brian Shields, City Traffic Engineer; Mr. Mike Santos, Senior Assistant City Attorney; Mr. Sean Reilly, Manager, Comunications; Mr. Dan Koenig, President, Overland Park Chamber of Commerce; 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 Eilert recognized members of Boy Scout Troop No. 257, sponsored by Atonement Lutheran Church and Troop No. 282, sponsored by Leawood Methodist Church. MAYOR ED EILERT REAPPOINTMENT TO THE BOARD OF TRUSTEES POLICE PENSION PLAN: Jerry Harrison Term 4/8/03 to 4/11/06 Mr. Thomas C. Tim Owens moved to approve the referenced reappointment. After a second by Mrs. Terry Happer Scheier, the motion carried with a vote of 10 to 0. COUNCIL PRESIDENT CARL R. GERLACH REPORT FROM COMMITTEE-OF-THE-WHOLE MEETING HELD MARCH 3, 2003: 2003 National Legislative Program Mr. Carl R. Gerlach stated that the Council annually adopts a legislative program that describes the City s legislative priorities. The items are presented either as priority

Page 2 initiatives or standing policy positions. The Councilmembers present the priority initiatives to the National League of Cities in Washington, D.C., and discuss the issues with their national representatives. The three priority initiatives that were recommended by staff included Reauthorization of TEA-21, Homeland Security, and Ensuring Fairness in the Electronic Marketplace. The issue, Regulatory Proposals Regarding Telecommunications, was moved from a standing policy position to a priority initiative position. This item regards the attempt by telecommunications companies to take control of the public rights-of-way. The Committee of the Whole voted to approve the four priority initiatives and the proposed standing policy positions. Mr. Gerlach moved to approve the 2003 National Legislative Program, as recommended by the Committee of the Whole. The motion was seconded by Mr. Owens, and carried with a vote of 10 to 0. CITY MANAGER JOHN M. NACHBAR CONSENT AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS: REQUEST FOR ECONOMIC DEVELOPMENT FUNDS Northeast Johnson County Chamber of Commerce for $5,000 from the Contingency Fund. LETTER OF CREDIT Addition of First National Bank of Omaha as an acceptable financial institution from which the City will accept Letters of Credit. TRANSFER OF FUNDS International Municipal Lawyers Association (IMLA) Fair Labor Standards Act Trust Fund monies to the IMLA Legal Defense Trust Fund. RESOLUTION NO. 3308 Regarding Council and Committee procedures as part of the policy manual. RESOLUTION NO. 3320 Authorizing payment of membership and dues in certain organizations. STAFF ITEMS: CONFIRMATION OF INVESTMENTS Confirming investments, in the amount of $11,931,152.53, in U.S. Agency Securities. EXPENDITURE ORDINANCE NO. 2A Outlining the expenditures from the General Operating Fund for January 30 through February 12, 2003. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 2C Outlining the expenditures from the Capital Projects Funds for February 13 through February 19, 2003.

Page 3 CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 2D Outlining the expenditures from the Capital Projects Funds for February 20 through February 26, 2003. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE Darya s Company, Inc., d/b/a Café Casbah, 8609 College Boulevard, Mohsen Movahed, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE Jalapenos of Kansas, Inc., d/b/a Jalapenos Mexican Restaurant, 7729 W. 151st Street, Ben D. Hernandez, manager. APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE MMD, L.L.C., d/b/a Maloney s Sports Bar and Grill, 7201 W. 79th Street, Robert Jacob Maloney, Jr., manager. COMMUNITY DEVELOPMENT COMMITTEE ITEMS: ORDINANCE NO. BC-2376 Fire Code amendments regarding open-flame cooking devices. PUBLIC WORKS COMMITTEE ITEMS: WAIVER OF SELECTION PROCESS AND AUTHORIZATION FOR RIGHT-OF- WAY AND EASEMENT ACQUISITION AND UTILITY RELOCATION Shaner Associates for primary appraisals and Reg Cordry Appraisal Services for review appraisals for the 87th Street and I-35 system enhancement project. REVISION TO 2004-2008 CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. ST-0665 To acquire additional right-of-way in the southwest quadrant of 135th Street and U.S. 69 Highway. Mr. Loudon moved to approve the Consent Agenda. The motion was seconded by Mr. Sader. Mr. Gerlach asked that the confirmation of investments be removed from the Consent Agenda so that he could abstain from voting on this item. He also wanted Resolution No. 3308, regarding the Council and Committee procedures to be removed from the Consent Agenda for discussion. Dr. Lehnertz asked that the request for economic development funds for the Northeast Johnson County Chamber of Commerce be removed from the Consent Agenda for discussion. The motion to approve the Consent Agenda, with the exception of the referenced three items, carried with a roll-call vote of 10 to 0.

Page 4 Regarding the request for economic development funds for the Northeast Johnson County Chamber of Commerce, Dr. Lehnertz understood that the Economic Development Council will now be under the auspices of the Northeast Johnson County Chamber of Commerce. In the past, the downtown area was never within the jurisdictional boundaries of the previous Economic Development Council. According to the letter from Mr. Chris Carroll, Northeast Johnson County Chamber of Commerce, it seemed that area might be included in their scope. He asked if that was the case. Mr. Peterson replied that he was not familiar with the Northeast Johnson County Chamber of Commerce nor with their proposals. Mr. Owens understood that the Downtown Overland Park area would be included within their scope of interest. Dr. Lehnertz noted that in the past, a representative from the City, Ronda Barry, president, Downtown Overland Park Partnership, served on the Economic Development Council. He asked if there would be direct City involvement with that Council. Mr. Owens agreed that was a valid consideration and that staff should follow up on that question. In reference to Resolution No. 3308, regarding Council and Committee procedures, Mr. Gerlach noted that on page No. 1, section II of the resolution, one of the four Council Committees is identified as the Finance, Budget and Administration Committee. He asked if that was an error in language. Mrs. Stallings replied that the intention was for the name of the Committee to remain the Finance, Administration and Economic Development Committee, as it was indicated in the prior resolution. That Committee name has remained unchanged since 1989. Mr. Santos added that the body of the document refers to the Committee as Finance, Administration and Economic Development. Mr. Gerlach moved to approve Resolution No. 3308, with the clarification that the name of the referenced Committee is the Finance, Administration and Economic Development Committee; and for the approval of the request for economic development funds for the Northeast Johnson County Chamber of Commerce. Mr. Owens seconded the motion, which carried with a unanimous vote. Mr. Owens moved to approve the confirmation of investments, in the amount of $11,931,152.53, in U.S. Agency Securities. After a second by Mr. Sader, the motion carried with a vote of 9 to 0 to 1, with Mr. Gerlach abstaining. REGULAR AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Thomas C. Tim Owens, Chairman STAFF REPORT:

Page 5 COMMUNITY DEVELOPMENT: COMMITTEE REPORT: Neil S. Sader, Chairman STAFF REPORT: COMMUNITY CENTER PROPERTY PURCHASE. Director of Parks and Recreation Jim Cox stated that staff was recommending the approval of the purchase of additional property, located at 8125 Marty, for the Overland Park Community Center. The purchase amounts meet the guidelines established by the Governing Body. As noted in Staff Comments, the purchase price for the property was $105,000, plus $3,000 relocation costs. Staff recommended approval of this item. Dr. Lehnertz moved to approve the purchase of the property located at 8125 Marty, for the Overland Park Community Center, as recommended by staff. The motion was seconded by Mr. Sader. Mr. Loudon asked how many more tracts need to be purchased for this project. Mr. Cox replied that this is the ninth purchase. They need to purchase six more properties. The motion carried with a vote of 10 to 0. BID TABULATION 2003 Street Tree Pruning. Mr. Cox noted that staff was recommending the acceptance of the bid from K.C. Tree Service Co., for Area No. 1, in the amount of $33.90 per tree, and the bid from VanBooven Lawn & Landscaping, for Area No. 2, in the amount of $25 per tree. Mr. Gerlach moved to accept the bid from K.C. Tree Service Co., for Area No. 1, in the amount of $33.90 per tree, and the bid from VanBooven Lawn & Landscaping, for Area No. 2, in the amount of $25 per tree. The motion was seconded by Mr. Kandt, and carried by a vote of 10 to 0. PUBLIC SAFETY COMMITTEE REPORT: George Kandt, Chairman STAFF REPORT:

Page 6 PUBLIC WORKS COMMITTEE REPORT: Byron C. Loudon, Chairman STAFF REPORT: BID TABULATION 2003 Residential Street Program (Lowell, 78th Street to 79th Street; 78th Street, Antioch to Woodward; Woodward, 78th Terrace to 79th Street; Hemlock, 75th Street to 79th Street; 77th Street, Hemlock to east; 77th Street, Antioch to Hemlock; and 86th Street, Robinson to Valley View including Improvement District No. 01-184). Traffic Engineer Brian Shields stated that staff was recommending the acceptance of the low bid from D. F. Freeman Contractor s, Inc., in the amount of $2,063,321.37, for the 2003 Residential Street Program. Mr. Owens moved to accept the bid from D. F. Freeman Contractor s, Inc., as recommended by staff. The motion was seconded by Mrs. Happer Scheier. Mr. Sader asked if this contractor has previously done a significant amount of work for the City. Mr. Shields replied that they have checked their references and are comfortable in using this contractor for the work. City Engineer Doug Brown added that this company has worked as the subcontractor for many of the City s prime contractors. They have done good quality work in the City in the past. Dr. Lehnertz noted that another consideration is the public relations component of this service. Previous City contractors have provided outstanding public relations in the past and he wanted to know if this contractor would do as well in that regard. Mr. Brown replied that when D. F. Freeman Contractor s, Inc., was the subcontractor, their employees often did concrete work in the northern part of the City. They will be meeting with the residents of Young s Park in the near future. At that time, they will have a chance to become acquainted with and understand the expectations of the residents. The motion carried with a vote of 10 to 0. RESOLUTION NO. 3323 Approving a five-year City/County street improvement program (2004-2008 County Assistance Road System (CARS) program), subject to Law Department approval. Mr. Shields indicated that this item regards the submittal to the county of the annual update for the CARS program. He noted that staff recommended the approval of this request. Mr. Loudon moved to approve Resolution No. 3323 approving a five-year City/County street improvement program, subject to Law Department approval. The motion was seconded by Mr. Gerlach, and carried with a vote of 10 to 0.

Page 7 RECOMMENDATIONS FROM THE PLANNING COMMISSION: PLANNING COMMISSION CONSENT AGENDA: SPECIAL EVENT PERMIT NO. 2003-24 9225 Indian Creek Parkway. A special event permit is requested to allow the Corporate Woods Jazz Festival in Corporate Woods at, and near, 9225 Indian Creek Parkway. Application was made by the Overland Park South Rotary Club. SPECIAL EVENT PERMIT NO. 2003-47 6251 Sprint Parkway. A special event permit requested to allow various miscellaneous events throughout the year for the Sprint Corporation. Application made by Vera Glenn representing Sprint. FINAL PLAT NO. 2003-4 Marriott Towneplace Suites, vicinity of the northeast corner of 133rd street and Metcalf. Application made by the DLR Group, Inc. The Planning Commission approved this item on February 10, 2003, by a vote of 7 to 0. SPECIAL USE PERMIT NO. 2003-2 5861 Edgewater Drive. A special use permit is requested for a three-year period of time to allow a residential real estate office. This property is currently zoned R-1, Single-Family Residential District. Application made by Synergy Development Alliance. The Planning Commission approved this item on February 10, 2003, by a vote of 7 to 0, for a two-year period of time. Ordinance No. Z-2980. Mr. Loudon moved to approve the Planning Commission Consent Agenda. The motion was seconded by Mr. Sader. Mayor Eilert provided an opportunity for members of the audience to address the Council regarding Special Use Permit No. 2003-2. There was no response. The motion carried with a roll-call vote of 10 to 0. OLD BUSINESS: Mr. Watson stated that last fall Mr. Clay Blair petitioned the City for the de-annexation of a small sliver of land located at the corner of 167th Street and Nall. This request was in connection with a single-family residential project he was proposing for development on land that is located almost entirely in unincorporated Johnson County. A public hearing was held regarding this de-annexation during the December 9, 2002, City Council meeting. The Council then continued the consideration of the de-annexation request until March 10, 2003, at Mr. Blair s request. The City has received another letter from Mr. Blair asking that this item be further continued for another three months. Staff was recommending that the Council postpone the consideration of the item that was considered for March 10, 3003, to June 9, 2003. Mr. Owens moved to continue the de-annexation request for property located at 167th Street and Nall to the June 9, 2003, Council meeting. The motion was seconded by Dr. Lehnertz, and carried with a unanimous vote.

Page 8 NEW BUSINESS: EXECUTIVE SESSION Preliminary discussions relating to the acquisition of real property for the public improvement of the 87th Street and I-35 Interchange. At 7:55 p.m., Mr. Gerlach moved that the Governing Body recess into executive session for a period not to exceed 20 minutes to discuss matters subject to the attorney/client privilege including preliminary discussions relating to the acquisition of real property needed for the improvement of the 87th Street and I-35 interchange and the 135th Street and U.S. 69 Highway interchange; and matters regarding litigation against the City communicated to the City Attorney, with the Governing Body to reconvene in a regular session following the executive session. The motion was seconded by Mrs. Happer Scheier and carried with a vote of 10 to 0. At 8:15 p.m., the Council reconvened into an open session. Mr. Gerlach moved to approve Ordinance No. CON-2425, (authorizing and providing for the acquisition of lands or interests therein by condemnation for the improvement of a main trafficway, 87th Street from Quivira to Goddard, including portions of the I-35 and U.S. 69 Highway interchanges); and Resolution No. 3319, (a resolution declaring it necessary to appropriate private property for the use of the City of Overland Park, Kansas, for the improvement of a main trafficway, 87th Street from Quivira to Goddard, including portions of I-35 and U.S. 69 Highway interchanges). The motion was seconded by Mrs. Happer Scheier, and carried with a roll-call vote of 10 to 0. ADJOURNMENT: At 8:20 p.m. Mr. Loudon moved to adjourn the meeting. After a second by Mr. Kandt, the motion carried with a unanimous vote. Minutes transcribed by Pamela Blaszyk. ATTEST: Ed Eilert, Mayor Marian Cook, City Clerk