OVERLAND PARK CITY COUNCIL MEETING February 12, 2001 Mayor Ed Eilert called the Overland Park City Council meeting to order at 7:40 p.m. The following members were present, constituting a quorum: Mr. Greg L. Musil, Council President; Mr. Neil S. Sader; Mr. George Kandt; Dr. Jack Halligan; Mr. Byron C. Loudon; Mr. Michael J. Lally; Mr. Thomas C. Tim Owens; Dr. Kris Kobach; and Mr. David G. Belpedio. Mr. Carl R. Gerlach was absent. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Roger Peterson, Director of Planning and Development Services; Mr. James Cox, Director of Parks and Recreation; Mr. John Douglass, Police Chief; Mr. Bob Lowry, Director of Public Works; Ms. Gena Schallehn, Budget Manager; Ms. Susan White, Communications Assistant; Ms. Michelle Mendoza and Mrs. Lori Knadle, Assistant City Managers; Mrs. Jane Neff-Brain, Senior Assistant City Attorney; Mr. Ken Rodney, Manager, Information Technology; Mr. Doug Brown, City Engineer; Mr. Brian Shields, City Traffic Engineer; Mr. Mark Stuecheli, Senior Transportation Planner; Mr. Brad Cooper, Kansas City Star; Ms. Mary Birch, Overland Park Chamber of Commerce; and Mrs. Barbara Potts, Senior Recording Secretary. Approximately 20 persons were in the audience. PLEDGE OF ALLEGIANCE Mayor Ed Eilert led the audience in the Pledge of Allegiance. MAYOR ED EILERT Mayor Eilert recognized Mr. Alex Krantz from Boy Scout Troop No. 10, sponsored by the Leawood Rotary Club. He also recognized Mr. Andy Proux, a senior at Rockhurst High School, who is attending the meeting as a school class project. Using the Chair s prerogative, Mayor Eilert moved the agenda item (Request for Traffic Signal and Median Break at 61st Street and Metcalf Avenue) forward from the Public Works Committee Report. He stated that several concerns needed to be addressed prior to arriving at a solution. Therefore, he suggested this item be returned to the Public Works Committee for further consideration. Chairman Loudon concurred. He informed the Council that he spoke with Mayor Sylvester Powell and the staff in the city of Mission, and they have agreed to meet with the Public Works Committee and Overland Park staff at the regularly scheduled meeting this month. Mayor Eilert announced that further consideration and discussion of the request for a traffic signal and median break at 61st Street and Metcalf Avenue will take place at the regularly scheduled Overland Park Public Works Committee meeting on Wednesday, February 28, 2001.
Page 2 ADOPTION OF 2002-2006 CAPITAL IMPROVEMENTS PROGRAM FOR BUDGET PLANNING PURPOSES. Mayor Eilert presented the 2002-2006 Capital Improvements Program for budget planning purposes. He indicated that the last public hearing was held on Monday evening, February 5, 2001. Council President Greg Musil moved to approve the adoption of the 2002-2006 Capital Improvements Program for budget planning purposes. Mr. Michael Lally seconded. Since the one-eighth of a cent City sales tax was approved, Mr. Musil said the Council has added two different sections of unimproved residential streets and moved them forward in the construction process. Although these were streets that needed improvement because of unique circumstances, he expressed concern that the City would be violating the promises made to the citizens of Overland Park. As he explained, the City had a referendum that streets on the list be built in an orderly process as set forth by the Public Works Department. When another street is added to the list of projects, an existing project is pushed further back on the list or additional funds are needed in the budget. He believed this violated the trust that the citizens have placed in Overland Park. Secondly, it violates the presumption and the basis for the agreement that similar amounts will be spent and the same effort will be made in the northern part of the City on residential streets as the thoroughfares in the southern part of the City. The motion passed by a 9 to 0 vote. REAPPOINTMENTS TO THE DOWNTOWN DEVELOPMENT REVIEW BOARD: TERM OF OFFICE Beginning Ending Bob Dalton 3/4/00 3/4/03 Terry Happer Scheier 3/4/00 3/4/03 Dana Foster 3/4/00 3/4/03 George Holton 3/3/01 3/3/04 George Lund 3/3/01 3/3/04 A motion was made by Mr. Musil to approve the preceding reappointments to the Downtown Development Review Board for the terms of office, as noted. Mr. Neil Sader seconded, and the motion passed by a 9 to 0 vote. CITY MANAGER JOHN M. NACHBAR City Manager John Nachbar reported that Mayor Eilert, Councilmember Sader and staff were in New York last week to meet with bond rating agencies (Moody s and Standard and Poor s) in regard to the City s convention center hotel bonds, and the City will be scheduling the sale of bonds. He indicated that Director of Finance, Budget and Administration Kristy Stallings informed him that a special meeting will be held at 6:15 p.m. on February 21, 2001, to accept bids.
Page 3 According to Mayor Eilert, two hearings will take place this week in Topeka, Kansas. He deferred to Assistant City Manager Lori Knadle and asked her to explain the proceedings that will occur and the two Senate bills to be introduced. Mrs. Knadle reported that a hearing is scheduled in the Senate Assessment and Taxation Committee on Senate Bill No. 233 regarding sales tax repeal on natural gas for one year. She said the second hearing will be held in the Senate Commerce Committee on Senate Bill No. 306 in reference to the proposed legislation that eliminates City right-of-way management relating to telecommunications service providers. Mr. Thomas C. Tim Owens mentioned House Bill No. 2334 regarding the election of Municipal Judges as opposed to appointing the Municipal Judges. He believed the Council needed to review this issue. CONSENT AGENDA: PUBLIC WORKS STAFF CONSENT ITEMS: ACCEPTANCE OF DOCUMENTS Concerning property in the 2001 Residential Street Program Part 1 (Conser south of 47th Street; Craig Lane, Merriam Drive to Goodman; Foster, 47th Street to Merriam Drive; Goodman, Merriam Drive to 47th Street; Goodman, 54th Terrace to City limits; Hadley, Merriam Drive to 47th Street; Mackey north of 54th Terrace; Newton north of 52nd Street; Riley, 47th Street to Merriam Drive; 47th Street, Hadley to east of Goodman; 47th Street, west of Conser to Merriam Drive; and 52nd Street, Newton to Conser). Steven & Sharon Chafin (Tract F1) Utility Easement & Temporary Construction Easement Mark Buffon (Tract F8) Utility Easement & Temporary Construction Easement ACCEPTANCE OF DOCUMENTS Concerning property in the 2001 Residential Street Program - Part 2 (Benson, 85th to Elmhurst; Eby, 85th to Elmhurst; Elmhurst, England to Antioch; England, 85th to 87th; Grandview, 85th to Elmhurst; Grandview Lane, 85th to Elmhurst; Grandview Lane, Santa Fe to Elmhurst; Hayes, 85th to 87th; and Kessler, 85th to 87th). Jo A. Sturm, Trustee (Tract 53) Temporary Construction Easement William & Lucy Dailey (Tract 18) Temporary Construction Easement James & Peggy Andra (Tract 165) Temporary Construction Easement Robert & Kim Roberts (Tract 58) Temporary Construction Easement Francis Giles (Tract 119) Temporary Construction Easement FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF CONSENT ITEMS:
Page 4 EXPENDITURE ORDINANCE NO. 1C Outlining the expenditures from the General Operating Fund for January 18 through January 31, 2001. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 2A Outlining the expenditures from the Capital Projects Funds for February 1 through February 7, 2001. PUBLIC SAFETY STAFF CONSENT ITEMS: APPLICATION FOR NEW MASSAGE THERAPY BUSINESS LICENSE AND IN- OFFICE LICENSE - Salon Mission and Day Spa, 3791 West 95th Street, Misty Kelly, applicant. APPLICATION FOR NEW MASSAGE THERAPY BUSINESS LICENSE - Therapeutic Massage Clinic, 9525 Mission Road, Suite 9531, Bella Yatskevich, applicant. Mr. Loudon moved to approve the preceding Consent Agenda items, as outlined. Mr. Lally seconded, and the motion carried by a roll-call vote of 9 to 0. REGULAR AGENDA: PUBLIC WORKS COMMITTEE REPORT - Byron C. Loudon, Chairman REQUEST FOR TRAFFIC SIGNAL AND MEDIAN BREAK 61st Street and Metcalf. Chairman Loudon commented that this item was addressed by the Mayor at the beginning of this meeting and returned to the February 28, 2001, Public Works Committee meeting for further review. BID TABULATION 127th Street, Pflumm to Quivira. Director of Public Works Bob Lowry presented the referenced bid tabulation for the widening of 127th Street, Pflumm to Quivira. Staff recommends the low bid of $3,038,392.29 from Reno Construction Company, which is significantly lower than the budgeted amount and the engineer s estimate. Mr. Musil moved to accept the low bid from Reno Construction Company in the amount of $3,038,392.29 for the widening of 127th Street, Pflumm to Quivira. A second was made by Mr. David Belpedio, and the motion passed by a 9 to 0 vote.
Page 5 PROPOSAL Kaw Valley Engineering, Inc., for testing services on 127th Street, Pflumm to Quivira. Mr. Lowry submitted for consideration the proposal for testing services on the widening of 127th Street, Pflumm to Quivira. He said the staff recommendation, which is included in the project budget, is estimated at $17,116. Mr. Loudon moved to accept the Proposal from Kaw Valley Engineering, Inc., in the amount of $17,116 for testing services on 127th Street, Pflumm to Quivira. A second was made by Mr. Owens, and the motion carried by a 9 to 0 vote. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT - Neil Sader, Chairman APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE M.L. Sport, Inc., d/b/a J.J. s Sports Bar & Deli, 9820 West 87th Street, Sheryl Goldansky, manager. APPLICATION FOR RENEWAL OF CLASS A PRIVATE CLUB LICENSE CONTINGENT ON RECEIVING STATE LICENSE VFW Post No. 846 d/b/a Santa Fe Trail Post No. 846, 8804 Grant, Gary S. Marquess, manager. Budget Manager Gena Schallehn presented the preceding applications for renewal as recommended by staff. Mr. Musil moved to approve the application for renewal of a Drinking Establishment License for M. L. Sport, Inc., d/b/a J. J. s Sports Bar & Deli, 9820 West 87th Street, contingent on receiving state license, and renewal of Class A Private Club License for VFW Post No. 846 d/b/a Santa Fe Trail Post No. 846, 8804 Grant, contingent on receiving state license. Mr. Sader seconded, and the motion passed by a 9 to 0 vote. COMMUNITY DEVELOPMENT COMMITTEE REPORT - Michael J. Lally, Chairman BID TABULATION Island, Easement and Park Mowing 2001-2002. Director of Parks and Recreation James Cox submitted the bid tabulation for island, easement and park mowing for 2001 and 2002. He said the staff recommends the low bid of $170,828 from Grass Roots for Section I (2001-2002 contract for mowing of islands and easements; the low bid of $93,948.48 from Kenton Land Management for Section II (2001-2002 contract for mowing of park areas at the north end of the
Page 6 City and park areas and greenway linkage in the south end of the City); and the alternate bid of $10,152.96 from Kenton Land Management for Kingston Lake and some additional greenway linkages in the south part of the City. As recommended by staff, Dr. Jack Halligan moved to approve the preceding bids, as outlined, for island, easement and park mowing for 2001 and 2002. After a second by Mr. Loudon, the motion carried by a vote of 9 to 0. ENGINEERING SERVICES AGREEMENT HNTB Corporation to design a bike/hike trail facility along Nall Avenue, generally from 119th Street to Indian Creek. Mr. Cox said staff recommends approval of the Engineering Services Agreement with HNTB Corporation to design a bike/hike trail along Nall Avenue, from 119th Street to Indian Creek. As he explained, this is a Congestion Mitigation Air Quality (CMAQ) project of a two-mile trail which will be connected to the Sprint Campus and will eventually be connected with the trail for the new convention center. He said a grant of $306,000 was received for this project, and the City will be responsible for the remaining amount. He indicated that the amount of the contract is $39,795.50 and the parks and recreation staff and public works staff worked together to negotiate this contract with HNTB Corporation because of their knowledge of the design work along Nall Avenue and the roadway improvements that HNTB is currently performing. Mr. Loudon moved to approve the Engineering Services Agreement with HNTB Corporation in the amount of $39,795.50 to design a bike/hike trail along Nall Avenue, from 119th Street to Indian Creek, for CMAQ project consisting of a two-mile trail to be connected to the Sprint Campus and ultimately connect with a trail to the new convention center. Mr. Sader seconded, and the motion passed by a vote of 8 to 0 to 1. Mr. Musil abstained. STATUS REPORT Abatement of the Dangerous and Unsafe Structure, 8538 England. Director of Planning and Development Services Roger Peterson referred to a memo from Building Inspector Sue Freeman, indicating that on November 6, 2000, the Governing Body accepted Report No. 00-20. At that time, action was delayed for setting a public hearing to allow the owner a reasonable time frame within which to abate the dangerous and unsafe condition. He informed the Council that the dangerous and unsafe condition has been abated, the insurance proceeds on deposit with the City have been released to the insured, and the unsafe structure action has been closed. A motion was made by Mr. Musil to accept the staff recommendation to close the file of abatement of the dangerous and unsafe structure at 8538 England. Mr. Owens seconded, and the motion carried by a 9 to 0 vote. PUBLIC SAFETY COMMITTEE REPORT -Thomas C. Tim Owens, Chairman
Page 7 Chairman Owens announced a change in the date of the Public Safety Committee meeting from Wednesday, February 14, 2001, to 6 p.m. on Monday, February 19, 2001. He explained that the meeting will take place prior to the regular City Council meeting. MID-AMERICA REGIONAL COUNCIL REPORT. OLD BUSINESS: At 8:05 p.m., Mr. Musil moved to recess into executive session in Conference Room No. 1 for a period not to exceed 10 minutes, to discuss potential litigation subject to attorney-client privilege with the Governing Body meeting to resume in the Council Chambers at the close of the executive session. Mr. Sader seconded, and the motion passed by a 9 to 0 vote. Following the 10-minute executive session, the Council reconvened into open session at 8:15 p.m. in the Council Chambers. NEW BUSINESS: None. ADJOURNMENT. With no further business, Mr. Owens moved to adjourn the meeting at 8:15 p.m. Dr. Kris Kobach seconded, and the motion passed unanimously. Minutes transcribed by Barbara Potts. ATTEST: Ed Eilert, Mayor Marian Cook, City Clerk