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Mayor and Council Agenda 7:30 p.m.
City Hall Council Chamber 8500 Santa Fe Drive |
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p Mayor Carl R. Gerlach |
p Council President Goodman |
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Councilmembers: |
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p Gilliland |
p Happer Scheier |
p Hix |
p Janson |
p Kandt |
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p Owens |
p Skoog |
p Spears |
p Stock |
p Thompson |
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p White |
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Pledge of Allegiance
PUB-1
2008-2012 Capital Improvements Program.
PUB-2
Proposed Assessments for Transportation Development District Improvements - Levying assessments on tracts of land for the purpose of paying the costs of the removal of a portion of Riley south of 137th Street; improvement of 139th Street from U.S. 69 Highway east to Metcalf; construction of a tee-intersection at 137th Street and Riley, improvements to the southbound right turn lane at 138th Street and Metcalf, construction of a traffic signal at 138th Street and Metcalf and internal transportation related improvements. (Tallgrass Creek Retirement Community)
MAY-1
American Public Works Association Accreditation Presentation.
MAY-2
Presentation of Awards from the Legacy of Greenery Committee for 2006 Landscape Excellence:
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Culinary Center of Kansas City
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Mimi's Restaurant - 135th Street
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Sprint Campus
MAY-3
New Appointments to the Legacy of Greenery Committee:
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Tim Kerfoot - Term 7/1/06 to 7/1/08
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Paul Hartsock - Term 2/1/06 to 2/1/08
MAY-4
New Ex Officio Appointment to the Legacy of Greenery Committee:
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Dennis Patton - Term 7/1/06 to 7/1/08
MAY-5
Reappointment to the Board of Zoning Appeals:
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William N. Bode - Term 9/17/06 to 9/17/09
CONSENT AGENDA
Committee Items
CDC-C1
Resolution No. 3525 - Establishing fees for Rezonings, Special Use Permits, Subdivision, Planning Applications, Sign Permits, Special Event Permits, Landmarks Commission, Residential Day Care Permits and Board of Zoning Appeals.
CDC-C2
Ordinance No. LC-2627 - Relating to the Landmarks Commission. Defining a historic district; increasing the age of a structure to be nominated as a historic landmark; increasing the Board membership from 5 to 7 members; prohibiting applications pending zoning, special use permit or preliminary development plan approval; and limiting certain exterior alterations.
CDC-C3
Resolution No. 3554 - Establishing fees for inspection and permitting of swimming pools, spas and similar facilities.
CDC-C4
Public Art Master Plan Amendment - Revise Public Art Master Plan Art Acquisition Process to reflect the merging of the Overland Park Arts Commission with the Friends of the Overland Park Arts Executive Committee.
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Amended Public Art Acquisition Process
CDC-C5
Request Approval of Proposed Sculpture for 119th Street and Blue Valley Parkway.
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Friends of the Arts Recommendation
CDC-C6
Agreement - Tim Eleeson for lease, personal services and concession for the Overland Park Golf Club from January 1, 2007 through December 31, 2011.
CDC-C7
Request to Waive the Bid Process and Authorize Purchase - KC Stone Company for the purchase of Arkansas Black Hackett Stone for current and future projects for the Arboretum and Botanical Gardens in the amount of $9,100.
CDC-C8
Resolution No. 3553 - Establishing fees for participation in City-sponsored recreation programs, cosponsored commercial recreation programs and authorizing rules and procedures for the operation of the same.
CDC-C9
Resolution No. 3557 - Establishing fees for services or activities of the Overland Park Fire Department. (Pending approval of Ordinance No. BC-2640)
Committee Items
PWC-C1
Request to Construct 22 Foot Street Sections - Walmer from 65th Terrace to 67th Terrace; 66th Street from Glenwood to Lamar; and Riggs from 66th Street south (2008 Residential Street Program).
PWC-C2
Request to Construct Traffic Circle - 66th Street and Walmer (2008 Residential Street Program).
Staff Items
PWC-S1
Ordinance No. MTI-2638 - Providing for the public improvement of a main trafficway - 119th Street, U.S. 69 to Riley.
Finance, Administration and Economic Development
Committee Items
FAC-C1
Agreement - Shawnee Mission School District No. 512 for use of Time Warner Cable Government Access Channel 2.
FAC-C2
Agreement - PropertyRoom.com for the sale and/or disposition of Fire department equipment.
FAC-C3
Authorization to Proceed - 2007 Capital Improvement Program (CIP) Project, Replacement of the City Backup Infrastructure.
FAC-C4
Authorization to Proceed - City of Overland Park Web Site upgrade.
FAC-C5
Informational Item - 2008-2012 Capital Improvement Program (CIP) Schedule.
Staff Items
FAC-S1
Council Minutes - July 10; July 17; August 7; and August 21, 2006.
FAC-S2
Confirmation of Investments.
FAC-S3
Expenditure Ordinance No. 9B - Outlining the expenditures from the General Operating fund for September 7 through September 20, 2006.
FAC-S4
Expenditure Ordinance No. 10A - Outlining the expenditures from the General Operating Fund for September 21 through October 4, 2006.
FAC-S5
Capital Projects Expenditure Ordinance No. 9C - Outlining the expenditures from the Capital Projects funds for September 14 through September 20, 2006.
FAC-S6
Capital Projects Expenditure Ordinance No. 9D - Outlining the expenditures from the Capital Projects funds for September 21 through September 27, 2006.
FAC-S7
Capital Projects Expenditure Ordinance No. 10A - Outlining the expenditures from the Capital Projects funds for September 28 through October 4, 2006.
FAC-S8
Capital Projects Expenditure Ordinance No. 10B - Outlining the expenditures from the Capital Projects funds for October 5 through October 11, 2006.
FAC-S9
Application for New Drinking Establishment License Contingent on Receiving State License - JSC Management Enterprises, LLC, d/b/a Tymber, 11300 W. 135th Street, Andy Lord, manager.
FAC-S10
Applications for Renewal of Drinking Establishment Licenses:
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Cleeton Restaurants, LLC, d/b/a C.C.'s City Broiler, 8550 W. 151st Street, Viorec Vida, new manager.
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Hong Fa, Inc., d/b/a Chinese Palace, 10136 W. 119th Street, Dave Xu, manager.
FAC-S11
Applications for Renewal of Drinking Establishment Licenses Contingent on Receiving State Licenses:
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Beanology KC Store No. 1, LLC, d/b/a Beanology KC Store No. 1, LLC, 7224 W. 135th Street, Huntley Parker, manager.
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Bhandal, Inc., d/b/a India Palace, 9918 W. 87th Street, Balkaran Singh, new manager.
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Chili's of Kansas, Inc., d/b/a Chili's Grill and Bar, 7001 W. 119th Street, Laura Pendergraft, manager.
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Chili's of Kansas, Inc., d/b/a Romano's Macaroni Grill, 9292 Metcalf, Robert Keon, new manager.
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DIOP Holdings, Inc., d/b/a Pear Tree Inn Overland Park, 10951 Metcalf, Curt David Cerise, manager.
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Haywards Pit, Inc., d/b/a Hayward's Pit, Inc., 11051 Antioch, Hayward Spears, Sr., manager.
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Hooters of Overland Park, LLC, d/b/a Hooters of Overland Park, LLC, 10620 Metcalf, Roger A. Gondek, manager.
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Johnny Cascone's, Inc., d/b/a Johnny Cascone's Restaurant, 6863 W. 91st Street, James Cascone, manager.
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New Bao Shing Chinese Restaurant, Inc., d/b/a New Bao Shing Chinese Restaurant, Inc., 7809 W. 151st Street, Pei Ling Lee, manager.
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Papa Keno's Pizzeria, Inc., d/b/a Papa Keno's Pizzeria, 7901 Santa Fe, Craig Terry, manager.
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Ruchi, Inc., d/b/a Ruchi Indian Cuisine, 11168 Antioch, Niranjan Reedy Seelam, manager.
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4:44, Inc., d/b/a Raoul's Velvet Room, 7222 W. 119th Street, Shawn McClenny, manager.
FAC-S12
Application for Renewal of Drinking Establishment License Contingent on Receiving Special Use Permit and State License - PB and J Robin, LLC, d/b/a Red Robin, 8657 W. 135th Street, Corey Samberg, new manager.
FAC-S13
Application for Renewal of Drinking Establishment License and Caterers License Contingent on Receiving State License - Aramark FHC Kansas, Inc., d/b/a Overland Park Convention Center, 6000 College Boulevard, Martin Lee Eisenman, new manager.
FAC-S14
Applications for New Cereal Malt Beverage Licenses:
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Crescent Stores Corporation d/b/a CSC No. 45, 13620 Metcalf, Kathy Ingram, manager.
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Khan Petroleum Corporation, d/b/a Valero, 3456 Merriam Drive, Jehangir Khan, manager.
FAC-S15
Applications for Renewal of Cereal Malt Beverage Licenses:
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Commodore Holding, Inc., d/b/a Imo's Pizza, 11552 W. 135th Street, Sheila Commodore, manager.
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Meiners Market of Quivira, LLC, d/b/a Phillips 66, 12560 Quivira, John Meiners, manager.
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Stanley Pizza, LLC, d/b/a Pizza Shoppe, 7908 W. 151st Street, Marc A. Wilborn, manager.
FAC-S16
Application for Temporary Permit to Sell Alcoholic Liquor - Kansas Masonic Cancer Research Institute, for an event to be held, Saturday, October 21, 2006, from 5 p.m. until 10 p.m., at Milburn Golf and Country Club, 7501 W. 69th Street, Sheri Dunbar, manager.
FAC-S17
Application for Temporary Permit to Sell Alcoholic Liquor - Kansas Beverage Retailer, for an event to be held Saturday, October 21, 2006, from 10 a.m. until 10 p.m., at the Holiday Inn, 8787 Redder Road, Brian Flanery, manager.
FAC-S18
Application for Christmas Tree Permit - Knox Presbyterian Church, 9595 W. 95th Street. Application for sales at locations zoned other than allowed per OPMC 5.16 may be granted by the Governing Body.
Committee Items
PSC-C1
Request to Waive Bid Process and Sole Source Purchase - Municipal Emergency Services, Inc., for purchase of emergency medical services protective clothing in the amount of $12,754.
PSC-C2
Ordinance No. TC-1260, HHH - Relating to the preliminary screening test of breath for alcohol concentration; request by officer; refusal and penalties.
PSC-C3
Request Use of Forfeited Funds - Law Enforcement Trust Fund in support of the International Symposium on Agroterrorism (ISA) in an amount not to exceed $10,000.
PSC-C4
2007 Kansas Click Special Traffic Enforcement Program (STEP) Seatbelt Enforcement Grant - Awarded by the Kansas Department of Transportation for October 1, 2006, through September 30, 2008.
Staff Items
PSC-S1
Applications for New Massage Therapy Licenses:
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Blades, Inc., 4514 W. 107th Street, Judy Azcue, applicant.
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Cardin Chiropractic and Acupuncture, 9159 W. 133rd Street, Heather L. Cardin, D.C., applicant.
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Lily Massage Therapy, 10220 W. 87th Street, Oi Feng, applicant.
PSC-S2
Application for Renewal of Massage Therapy License - Double Take, 13459 Switzer, Becky L. Harper, applicant.
PSC-S3
Applications for Renewal of Massage Therapy and In-Office Massage Therapy Licenses:
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Aspen Salon, 9926 College Boulevard, Ronda E. Anderson, applicant.
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Serenity The Rejuvenating Day Spa, Inc., 7211 W. 95th Street, Judith M. Hohn, applicant.
Regular Agenda
Committee Report
John H. Thompson, Chair
Curt Skoog, Vice Chair; Terry Goodman; Dave Janson; Dan Stock; David W. White
Staff Report
Dir., Planning & Dev. Services
Roger Peterson
CDR-S1
Ordinance No. BID-2633 - Providing for the assessment of the Business Improvement Services Fees for 2007 on Commercial Businesses located in the Downtown Business Improvement District.
CDR-S2
Ordinance No. BC-2640 - Establishing fees for permits, inspections, re-inspections and all other Overland Park Fire Department services or activities.
CDR-S3
Status Report - Unsafe and Dangerous Structure at 7924 Santa Fe Drive.
Director, Parks & Recreation
James Cox
CDR-S4
Bid Tabulation - 110th Street Bicycle Pedestrian Trail Construction.
Committee Report
Marcia A. Gilliland, Chair
Fred Spears, Vice Chair; Terry Happer Scheier; Jim Hix; Dan Stock; David W. White
Staff Report
Director, Public Works
Doug Brown
PWR-S1
Bid Tabulation - Automatic Vehicle Wash Replacement.
PWR-S2
Bid Tabulation - Alternate Fuel Vehicles – Five (5).
PWR-S3
Bid Tabulation - Electronic GPS Surveying Equipment.
PWR-S4
Bid Tabulation - 2006 New Sidewalk Construction.
PWR-S5
Bid Tabulation - 2007 Crack Seal Program, Part 1.
PWR-S6
Bid Tabulation - 2007 Crack Seal Program, Part 2.
PWR-S7
Agreement - City of Olathe for the operation and maintenance of traffic signal systems.
PWR-S8
Supplemental Agreement No. 1 to Agreement No. 119-06 - Kansas Department of Transportation (KDOT) for the Traffic Control System Upgrade on 119th
Street from Pflumm to Roe (119th Street Corridor Communications Upgrade) –
KDOT Project No. 46 N-0323-01 [CMQ-N032(301)].
PWR-S9
Supplemental Agreement No. 2 - HNTB Corporation for preliminary engineering for the proposed Indian Creek Flood Control project from Roe to Mission for an additional amount of $14,800.
PWR-S10
Supplemental Agreement No. 3 - Bucher, Willis and Ratliff for additional engineering services for the 133rd Street and Lamar Roundabout for an additional fee of $2,000.
PWR-S11
Supplemental Agreement No. 1 - HNTB Corporation for additional engineering services for 159th Street and U.S. 69 Highway; 159th Street from Antioch to Metcalf; Antioch from 151st Street to 167th Street; and 167th Street from Antioch to U.S. 69 Highway for an additional amount of $912,400.
PWR-S12
Resolution No. 3547 and Agreement No. 138-06 - Kansas Department of Transportation (KDOT) for the reconstruction of 132nd Street and construction of a bridge over U.S. 69 – KDOT Project No. 46 N-0391-01.
Finance, Administration and Economic Development
Committee Report
Jim Hix, Chair
Dave Janson, Vice Chair; Terry Goodman; George Kandt; Donna Owens; Curt Skoog
FAR-C1
Ordinance No. EGA-2641 - Providing for Mayoral succession during emergency situations.
FAR-C2
Charter Ordinance No. Eighty-Nine - Providing for Mayoral succession if a vacancy in the office of Mayor occurs.
Staff Report
Deputy City Manager
Kristy Cannon Stallings
FAR-S1
Ordinance No. B-2642 - Authorizing the issuance and delivery of not to materially exceed $45,135,000 Internal Improvement Refunding Bonds, Series 2006B, of the City, for the purpose of providing funds to pay the costs of refunding certain outstanding Internal Improvement Bonds of the City, prescribing the form and details of the Series 2006B Bonds, and providing for the levy and collection of an annual tax for the purpose of paying the principal and interest on the Series 2006B Bonds as they become due.
Dir, Information Technology
Vicki S Irey
FAR-S2
Bid Tabulation - Fire Station One Roof Replacement.
FAR-S3
Bid Tabulation - Fire Station Four Roof Replacement.
Committee Report
Terry Happer Scheier, Chair
George Kandt, Vice Chair; Marcia A. Gilliland; Donna Owens; Fred Spears; John H. Thompson
Staff Report
Chief of Police
John Douglass
Fire Chief
Bryan Dehner
Recommendations From The Planning Commission
Planning Commission Consent Agenda
Dir., Planning & Dev. Services
Roger Peterson
PCC-1
Special Event Permit No. 2006-451 - 13500 Antioch. A special event permit is requested to allow an off-site banner for the Ladies of Charity event to be held at the Ritz Charles from October 17 to November 4, 2006. Application made by LaNora Hughes.
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Map
PCC-2
Acceptance of Right-of-Way - Final Plat No. 2006-51 - Retreat at Maple Crest Fifth Plat, vicinity of the northeast corner of 159th Street and U.S. 69 Highway. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on September 25, 2006, by a vote of 10 to 0.
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Map
PCC-3
Acceptance of Right-of-Way - Final Plat No. 2006-83 - Colton Lakes Second Plat, vicinity of the southeast corner of 151st Street and Switzer. Application made Colton Lakes, LLC. The Planning Commission approved this item on September 25, 2006, by a vote of 10 to 0.
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Map
PCC-4
Acceptance of Right-of-Way - Final Plat No. 2006-93 - Mills Farm Seventh Plat, vicinity of the southeast corner of 159th Street and Quivira. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on September 25, 2006, by a vote of 8 to 0.
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Map
PCC-5
Special Use Permit No. 2006-28 - 9058-B Metcalf. A special use permit is requested for a five-year period of time for the renewal of a drinking establishment. This property is currently zoned CP-1, Planned Restricted Business District. Application made by La Mesa Mexican Restaurant. The Planning Commission approved this item for a five-year period of time on September 11, 2006, by a vote of 10 to 0.
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Map
PCC-6
Special Use Permit No. 2006-29 - 10400 Mastin. A special use permit is requested for a three-year period of time to allow a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by Hermes Transportation, Inc. The Planning Commission approved this item for a three-year period of time on September 25, 2006, by a vote of 9 to 0.
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Map
PCC-7
Special Use Permit No. 2006-30 - 6718 West 80th Street. A special use permit is requested for a five-year period of time for the renewal of a day care. This property is currently zoned R-1, Single-Family Residential District. Application made by Johnson County Montessori Preschool. The Planning Commission approved this item for a five-year period of time on September 11, 2006, by a vote of 10 to 0.
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Map
PCC-8
Special Use Permit No. 2006-31 - 8657 West 135th Street. A special use permit is requested for a five-year period of time for the renewal of a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by PB and J Robin, LLC. The Planning Commission approved this item for a five-year period of time on September 25, 2006, by a vote of 9 to 0.
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Map
PCC-9
Special Use Permit No. 2006-32 - 9290 Bond. A special use permit is requested for a two-year period of time for the renewal of a driver’s education school. This property is currently zoned M-1, Industrial Park District. Application made by Twin City Driver Education. The Planning Commission approved this item for a two-year period of time on September 25, 2006, by a vote of 9 to 0.
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Map
Planning Commission Regular Agenda
Dir., Planning & Dev. Services
Roger Peterson
PCR-1
Special Use Permit No. 2006-26 - 8005 West 167th Street. A special use permit is requested, for a three-year period of time, to allow an off-site advertising sign. This property is currently zoned RUR-J, Rural District, Johnson County. Application made by Coffee Creek Land Company, L.L.C. The Planning Commission approved this item, for a two-year period of time, on September 11, 2006, by a vote of 7 to 3.
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Map
PCR-2
Drainage Easement Vacation No. 2006-5 - 5901 West 107th Street. Application made by Spectrum Overland Park Senior Living.
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Map
PCR-3
Storm Sewer Easement Vacation No. 2006-6 - 11701 Nieman Road. Application made by Phelps Engineering, Inc.
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Map
PCR-4
Acceptance of Right-of-Way - Final Plat No. 2006-60 - Crystal Springs Third Plat, vicinity of the northwest corner of 135th Street and Long. Application made by Crystal Springs, LLC. The Planning Commission approved this item on June 26, 2006, by a vote of 8 to 0. (Continued from the September 11, 2006, Council meeting).
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Staff recommends continuance to the November 6, 2006, Council meeting.
Director, Law/City Attorney
Robert J. Watson
OLD-1
Executive Session - For the purpose of discussing matters subject to the attorney-client privilege relating to the case of Nelson v. Rains et al. now pending in the United States District Court for the District of Kansas.
Council Member
Donna Owens
NEW-1
Mid-America Regional Council Report.
Adjournment