OVERLAND PARK CITY COUNCIL MEETING. August 18, 2003
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1 OVERLAND PARK CITY COUNCIL MEETING 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. Thomas C. Tim Owens, Council President; Mr. Neil S. Sader; Mr. Carl R. Gerlach; Mr. George Kandt; Mr. Terry Goodman; Mr. Jim Hix; Dr. Jay F. Lehnertz; Ms. Marcia A. Gilliland; Mrs. Terry Happer Scheier; Mr. Daniel Carbery; Mr. Fred Spears; and Mr. John H. Thompson. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. John Douglass, Police Chief; Mr. Bob Lowry, Director of Public Works; Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Ken Rodney, Director, Information Technology; Ms. Penny Postoak, Assistant City Manager; Ms. Gena Schallehn, Manager, Budget; Mr. Dennis Meyers, Fire Chief; Ms. Florence Erickson, Administrator, Management Services; Mr. Sean Reilly, Manager, Communications; Mr. Brad Cooper, The Kansas City Star; and Mrs. Kathleen Imair, Recording Secretary. Approximately 10 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Eilert led the audience in the Pledge of Allegiance. PUBLIC HEARING FISCAL YEAR 2004 ANNUAL PLAN AND FISCAL YEAR 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESOLUTION NO Authorizing the Mayor to submit to the Department of Housing and Urban Development (HUD) the statement of Community Development objectives and projected use of the Community Development funds as stated in the FY2004 Annual Plan. Administrator of Management Services Florence Erickson presented Resolution No. 3351, which authorizes the Mayor to submit an application to HUD for the 2004 Community Development Block Grant (CDBG) Funds. The application lists the variety of projects that the CDBG Citizen s Advisory Committee is recommending to be funded for All information included in the packet is HUD requirements. Ms. Erickson introduced Mr. Bill Kidder, Chairman of the 2004 CDBG Citizen s Advisory Committee. Mr. Bill Kidder, stated that their committee met on April 22, 2003, followed by several public hearings beginning on April 29, 2003, with the last one held on May 20, Requests made totaled over $800,000 of HUD funding, of which he felt they would only receive $780,000. The CDBG Committee appropriately chose the projects they felt should be funded and recommends the following projects: 1) The Newton Neighborhood Improvement Project, from Santa Fe Drive to 79 th Street for $528,000;
2 Page 2 2) Johnson County Park and Recreation Program for Summer Day Camp scholarships for $20,927; 3) Salvation Army and Homeless and HIV/AIDS Services for $29,417; 4) Early Head Start of Shawnee Mission children s scholarships for $20,670; 5) Midwest Whole Child Development Group child care scholarships for $5,512; 6) Child Care for Low Income Advocacy Support Program (CLASP) for $6,201; 7) Keys Youth Services for home foundation repair of $900; 8) Emergency Assistance for El Centro Inc., for $10,000; 9) City of Overland Park Recreation Program for swim club memberships for $3,000; 10) TLC for Children and Families for youth crises services for $17,647; 11) Johnson County Housing Services for home repair for $76,000; 12) Safehome Inc., to replace kitchen stoves for the domestic violence shelter in the amount of $10,826; and $50,000 is needed for administration. If the grant were to exceed $780,000, Mr. Kidder explained that the CDBG Citizens Advisory Committee would recommend the additional funds be applied to the total amount requested for projects listed as items 2-6. If the grant amount is less than $780,000, it would be decreased accordingly on those same items. Mayor Eilert referred to the City of Overland Park Swim Membership scholarships and asked if that was a program for children who need the scholarships in order to be able to participate in the program. Mr. Kidder stated the funds for the swim memberships were designed for those families in the low to moderate-income range. Mayor Eilert commended the Committee for their work in reviewing the requests. Mayor Eilert opened the public hearing regarding the recommendations made for the Fiscal Year 2004 Community Development Block Grant Program. Without any public comment, Mayor Eilert declared the public hearing closed. Dr. Jay Lehnertz asked if the grant funds for El Centro were additional monies the City supplies to the Police Department for that center. Chief John Douglass replied that the grant funds would be in an addition to the Police Department funds. Dr. Lehnertz asked what the current subsidy was for the El Centro Centre. Chief Douglass stated the subsidy has been $50,000 for the last several years. Mr. Thomas C. Tim Owens moved to approve Resolution No Mrs. Terry Happer Scheier seconded the motion, which carried by a vote of 12 to 0. MAYOR ED EILERT ORDINANCE NO. BO-2452 Attesting to an increase in tax revenues for Budget Year Mayor Eilert explained that Ordinance No. BO-2452 was a result of legislation passed a few years ago. This ordinance outlines the need to increase resources for Police and Fire Services and also addresses the loss of the local Ad Valorem tax reduction by the State and the City/County revenue sharing. Mayor Eilert stated the Governing Body recognizes the need for increased additional revenues from the property tax above and beyond what was collected last year.
3 Page 3 Mr. Carl Gerlach moved to approve Ordinance No. BO Ms. Marcia Gilliland seconded the motion, which carried by a roll-call vote of 12 to 0. CONSIDERATION OF ADOPTION OF THE 2004 BUDGET AND CAPITAL IMPROVEMENTS PROGRAM. Mayor Eilert explained that the final public hearing regarding the 2004 Budget and Capital Improvements Program was held at the first City Council meeting in August and asked staff if there was any updated information available. Budget Manager Gena Schallehn stated there was no additional information concerning the 2004 Budget at this time. Mr. Owens moved for adoption of the 2004 Budget and Capital Improvements Program. Mr. Neil Sader seconded the motion, which carried by a vote of 12 to 0. NEW APPOINTMENTS TO THE BOARD OF TRUSTEES OVERLAND PARK FIRE DEPARTMENT RETIREMENT PLAN: Herb D. Fiddick Term 9/1/03 to 8/31/04 William B. (Breck) Anderson III Term 9/1/03 to 8/31/06 Penny Hardesty Term 9/1/03 to 8/31/05 Mr. Owens moved to approve the new appointments to the Board of Trustees of the Overland Park Fire Department Retirement Plan as outlined. Mrs. Happer Scheier seconded the motion, which carried by a vote of 12 to 0. CITY MANAGER JOHN M. NACHBAR CONSENT AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS COUNCIL MINUTES July 7, 2003 CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 8B Outlining the expenditures from the Capital Projects Funds for August 7 through August 13, APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: American Drug Stores, Inc., d/b/a Osco Drug #5145, 8800 W. 95 th Street, Randy Tolle, new manager. LionsGate Golf Club, Inc., d/b/a Nicklaus Golf Club at LionsGate, Dearborn Avenue, Stephen G. Salzman, manager.
4 Page 4 APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING TEMPORARY CERTIFICATE OF OCCUPANCY AND FIRE CODE APPROVAL T-143, Inc., d/b/a Tanners Bar and Grill, Metcalf, James E. Fager, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES: Hulsing Hotels Kansas, Inc., d/b/a Holiday Inn, Mission, 7240 Shawnee Mission Parkway, Dennis Hulsing, manager. J.P. Heff, Inc., d/b/a Barleycorn s Bar and Grill, 9148 Santa Fe, John Paul Heffernon, manager. RSV Kansas, Inc., d/b/a Clubhouse Inn of Overland Park, Marty, Song-Hee Rhyne, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: LionsGate Golf Club, Inc., d/b/a Nicklaus Golf Club at LionsGate, Dearborn Avenue, Stephen G. Salzman, manager Metcalf II, Inc., d/b/a Fuddruckers, 8725 Metcalf, Don Eckstrom, new manager. On The Nose, Inc., d/b/a Copeland s of New Orleans, Metcalf, Sheri Smith, new manager. APPLICATION FOR RENEWAL OF CLASS B PRIVATE CLUB LICENSE CONTINGENT ON RECEIVING STATE LICENSE OPRC of Kansas, Inc., d/b/a Overland Park Racquet Club, 6800 W. 91 st Street, John Shaw, manager. Mr. Owens moved to approve the Consent Agenda as presented. Mr. Sader seconded the motion, which carried by a roll-call vote of 12 to 0. PUBLIC SAFETY COMMITTEE ITEMS CONTRACTS School Resource Officer contracts with Blue Valley School District, Shawnee Mission School District and St. Thomas Aquinas for School Year SOLE SOURCE PURCHASE Intergraph for Major Incident software using funds from the COPS Technology Grant. BID TABULATION Conrad Fire Equipment for replacement of Fire Department Rescue 44 Truck in the amount of $446,386.
5 Page 5 STAFF ITEMS APPLICATIONS FOR RENEWAL OF MASSAGE THERAPY LICENSES: REGULAR AGENDA Aspen Salon, Metcalf, James R. Anderson, applicant. The Hair Room, W. 135 th Street, Shelly J. Russell, applicant. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Carl R. Gerlach, Chairman STAFF REPORT COMMUNITY DEVELOPMENT Terry Goodman, Chairman COMMITTEE REPORT STAFF REPORT PUBLIC SAFETY Neil S. Sader, Chairman COMMITTEE REPORT STAFF REPORT No report PUBLIC WORKS Jim Hix, Chairman COMMITTEE REPORT No report STAFF REPORT BID TABULATION One-Ton Van with Telescoping Aerial Lift.
6 Page 6 Director of Public Works Bob Lowry presented a bid tabulation received by Midway Ford Truck Center for a One-Ton Van with Telescoping Aerial Lift in the amount of $44,960, including Option 2 at no charge. Mr. Owens moved to approve the bid tabulation from Midway Ford Truck Center for a One-Ton Van with Telescoping Aerial Lift in the amount of $44,960. Mrs. Happer Scheier seconded the motion, which carried by a vote of 12 to 0. BID TABULATION 2003 Collector Street Lighting and 2003 Thoroughfare Streetlighting 75 th Street, Antioch to Metcalf. Mr. Lowry presented and recommended approval of a bid tabulation from J. Warren Company, Inc., in the contract amount of $217,140, which includes the base bid plus Alternate 1 and Alternate 2. This bid tabulation is for the 2003 Collector Streetlighting and 2003 Thoroughfare Streetlighting programs, which includes 75 th Street from Antioch to Metcalf. Mr. Owens moved to approve the bid tabulation from J. Warren Company, Inc., in the contract amount of $217,140 to include a base bid plus Alternate 1 and 2. Mrs. Happer Scheier seconded the motion, which carried by a vote of 12 to 0. BID TABULATION 75 th Street, Wedd Avenue to Frontage Road Concrete Pavement Repair and Signal Modification. Mr. Lowry stated that staff was recommending a rejection of all bids submitted for concrete pavement repair and signal modification for 75 th Street, Wedd Avenue to Frontage Road, because they were considerably higher than both the budget and engineer s estimates. He noted that staff has made some temporary repairs to the bridge in that area, but negotiations are in progress with KDOT to make final repairs to the bridge. Staff felt the estimated $800,000 repair costs fell in the major repair category. Mr. Owens moved to reject all bids submitted for concrete pavement repair and signal modification to 75 th Street, Wedd Avenue to Frontage Road, as recommended by staff. Mrs. Happer Scheier seconded the motion, which carried by a vote of 12 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA SPECIAL EVENT PERMIT NO West 119 th Street. A special event permit is requested to allow an outdoor pumpkin sale from September 20 through October 30, Application made by Tony Privitera. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Windsor Hills Sixth Plat, vicinity of 151 st Street and Carter. Application made by Windsor Development, L.L.C. The Planning Commission approved this item on July 28, 2003, by a vote of 9 to 0.
7 Page 7 ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Barnds Brothers Addition, vicinity of 132 nd Street and Grant. Application made by Barnds Brothers Investments. The Planning Commission approved this item on July 28, 2003, by a vote of 9 to 0. SPECIAL USE PERMIT NO West 115 th Street. A special use permit is requested for an indefinite period of time to allow a private recreational and community center. This property is currently zoned R-1, Single-Family Residential District and RP-6, Planned High-Rise Apartment District. Application made by ACI/Boland, Inc. The Planning Commission approved this item on July 28, 2003, for an indefinite period of time, by a vote of 8 to 0. Ordinance No. Z-3008 SPECIAL USE PERMIT NO Metcalf Avenue. A special use permit is requested for a two-year period of time to allow a temporary bank facility. This property is currently zoned CP-2, Planned General Business District. Application made by First National Bank of Anthony. The Planning Commission approved this item on July 28, 2003, for a two-year period of time, by a vote of 9 to 0. Ordinance No. Z-3009 SPECIAL USE PERMIT NO Metcalf Avenue. A special use permit is requested for a one-year period of time to allow an arcade. This property is currently zoned CP-2, Planned General Business District. Application made by Tanner s Bar and Grill. The Planning Commission approved this item on July 28, 2003, for a one-year period of time, by a vote of 9 to 0. Ordinance No. Z-3010 Mayor Eilert opened the public hearing for comments regarding the Planning Commission Consent Agenda. With no comments made, he closed the hearing. Mr. Owens moved to approve the Planning Commission Consent Agenda as presented. Ms. Gilliland seconded the motion, which carried by a roll-call vote of 12 to 0. OLD BUSINESS NEW BUSINESS ADJOURNMENT Mr. Owens moved to adjourn the City Council meeting at 7:50 p.m. Mr. Gerlach seconded the motion, which carried by a unanimous vote.
8 Page 8 Minutes transcribed by Kathleen Imair. Ed Eilert, Mayor ATTEST: Marian Cook, City Clerk
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