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Overland Park
Kansas
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City Council Action Summary - Sept. 19, 2005
  1. Held public hearing on Fiscal Year 2006 Annual Plan and Fiscal Year 2006 Community Development Block Grant Program and approved Resolution No. 3474 authorizing the Mayor to submit to the Department of Housing and Urban Development the statement of Community Development objectives and projected use of Community Development funds as stated in the FY 2006 Annual Plan.

  2. Held public hearing on the 2005 Master Plan.

  3. Presented awards from the Legacy of Greenery Committee for 2005 Landscape Excellence to: Elephant Bar; Four Winds Apartments; Overland Park Regional Medical Center; and The Woods of Cherry Creek Apartments.

  4. Reappointed Penny K. Hardesty to the Board of Trustees of the Overland Park Fire Department Retirement Plan for a term of 9-1-05 to 8-31-08.

  5. Approved the following consent agenda items:

    PUBLIC SAFETY – Committee Items:

    1. Ordinance No. CSC-2579, eliminating the timeframe of 30 days for the Civil Service Commission to review and approve the promotional process for commissioned officers prior to administration;
    2. Ordinance No. IHR-2580 relating to immediate hazards within the City;
    3. Acceptance of Grant from US Bureau of Justice Assistance for FY2005 Bulletproof Vest Grant in the amount of $1,118.59 requiring matching City funds;
    4. Staff to apply for FFY 2006-2007, Impaired Driving Deterrence Grant;
    5. Staff to apply for FFY2006, Enforcing Underage Drinking Laws Grant (EUDL);
    6. Waived bid process for sole source purchase of MA/COM to move and install certain dispatch equipment for the Command and Control Center;
    7. Waived bid process for sole source purchase of Voice Print International for the installation of Voice Print, a digital dispatch recorder for the Command and Control Center;
    8. Reported change in time and location for December 14, 2005, Public Safety Committee meeting to 6:30 p.m., at the Fire Training Center.

    Staff Items:

    1. Application for new massage therapy license by Stacy L. Gonzalez, L.M.T., 11791 W. 112th Street, Stacy L. Gonzalez, applicant;
    2. Application for renewal of massage therapy license by Ponlaiguh Acupressure, Inc., 9355 W. 75th Street, Cristina Lee, applicant;
    3. Application for renewal of massage therapy and in-office massage therapy license for Aspen Salon, 14884 Metcalf, James R. Anderson, applicant.

    PUBLIC WORKS – Committee Item:

    1. Street sealing entirely with microsurfacing beginning in 2006 forward in place of chip seal, deferring streets to be sealed only as necessary, working them back into the program as quickly as possible.

    Staff Items:

    1. Resolution No. 3485, declaring 133rd Street and Lamar to be major traffic streets; declaring the intention of the City to have improved such major traffic streets and authorizing the issuance of General Obligation Bonds to pay the costs thereof;
    2. Resolution No. 3486, declaring it necessary to appropriate private property for the use of the City for the improvement of major traffic streets – 133rd Street and Lamar;
    3. Ordinance No. CON-2581, authorizing and providing for the acquisition of lands or interests therein by condemnation for the construction of a roundabout at the intersection of 133rd Street and Lamar.

    FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT – Staff Items:

    1. Expenditure Ordinance No. 9A, outlining the expenditures from the General Operating Fund for August 25 through September 7, 2005;
    2. Capital Projects Expenditure Ordinance No. 9B, outlining the expenditures from the Capital Projects funds for September 8 through September 14, 2005;
    3. Applications for renewal of drinking establishment licenses contingent on receiving state licenses:
      1. Chili’s of Kansas, Inc., d/b/a Romano’s Macaroni Grill, 9292 Metcalf, Robert Keon, new manager;
      2. Doughboy, L.L.C., d/b/a Uno Chicago and Grill, 8420 W. 135th Street, Barclay Berberian, manager;
      3. Italian Delight of Mission Kansas, Inc., d/b/a II Trullo, 9056 Metcalf, John J. Avelluto, manager;
      4. L License, L.L.C., d/b/a Chase Suite Hotel By Woodfin, 6300 W. 110th Street, Cheryl Miller, manager;
      5. Real Wing, Inc., d/b/a Buffalo Wild Wings Grill and Bar, 7030 W. 105th Street, William Weddington, manager;
      6. Sun Restaurant Group, L.L.C., d/b/a Sunset Grill, 14577 Metcalf, Daniel D. Tierney, manager;
      7. The Peanut of Kansas, Inc., d/b/a The Peanut South, 12663 Metcalf, April Allen, new manager;
      8. United Restaurants of Overland Park, Inc., d/b/a Stanford’s and Sons Comedy Club, 10635 Floyd, Rita Ann Trantham, manager;
    4. Application for renewal of Class A Private Club License contingent on receiving state license for Rosedalle Aerie 1100, Inc., Fraternal Order of Eagles, d/b/a Fraternal Order of Eagles #1100, 4726 Merriam Drive, Dave Stechmann, new manager;
    5. Applications for renewal of cereal malt beverage licenses:
      1. Nea and Eun Enterprises, Inc., d/b/a Korea Royal China Restaurant, 7800 Shawnee Mission Parkway, Nea I. Lee, manager;
      2. Quik Trip Corporation, d/b/a Quik Trip #210, 10700 Roe, Timothy O. Heuback, manager;
      3. Zarda Bar B-Q of Overland Park, d/b/a Zarda Bar B-Q of Overland Park, 7121 W. 135th Street, Stephen G. Zarda, manager;
    6. Application for temporary permit to sell alcoholic liquor, Jelly Bean Conspiracy for an event to be held Saturday, September 24, 2005, from 4 p.m. to 10 p.m., at the Blue River Ranch, 2760 W. 151st Street, Kathryn Bomgaars, manager;
    7. Application for temporary permit to sell alcoholic liquor contingent on receiving state license, Arcadian, Inc., for an event to be held Saturday, October 8, 2005, from 6 p.m. until 10 p.m., at Nordstrom’s, 11143 W. 95th Street, Jeffrey French, manager.

    COMMUNITY DEVELOPMENT –

    1. Ordinance No. BC-2523, relating to erosion and sediment control in the City;
    2. Resolution No. 3462, establishing plan review, permit and inspection fees.
  6. Approved bid tabulation for communication expansion projects (TS-0799 and TS-0055) from Leath & Sons for the TS-0799 Base Bid for $171,050.34 and for TS-0055 Base Bid + Alternate A +Alternate B, in the amount of $353,327.24, for underground conduit and fiber optic cable along 95th Street from Nieman to Quivira and along Quivira from 95th Street to 135th Street. This includes the installation of fiber to 18 signalized intersections, six CCTV cameras and the Overland Park Golf Course at 125th Street and Quivira.

  7. Approved agreement with Walter P. Moore and Associates, Inc., for design of the 2006 Community Development Block Grant (CDBG) Residential Street Program (86th Terrace, Mackey to Hadley; 86th Street, Mackey to Hadley; Frontage Road, Mackey to Hadley; and Woodward, 86th Street to 86th Terrace) for a total fee not to exceed $137,000, including the contingency.

  8. Approved agreement with the Internal Revenue Service for payment to the United States Treasury for compliance settlement pertaining to the Fire Department 457 (b) Plan, in the amount of $5,000 from the Contingency Fund.

  9. Approved agreement with Fry & Associates, Inc., for the replacement of existing playground structures at Louisburg Square Park, Empire Estates Park and Quivira Park in the amount of $49,787.

  10. Approved Amendment No. 1 to Agreement with Johnson County, Kansas, to extend the date of occupancy to December 31, 2005, on the existing facility use agreement for space at the Tomahawk Ridge Community Center.

  11. Approved and Continued (where noted) Planning Commission consent agenda items as follows:
    1. Special Event Permit No. 2005-411 – 10500 Quivira, to allow a detached sign advertising a flu shot event for Overland Park Regional Medical Center from October 10, 2005, to November 5, 2005;
    2. Special Event Permit No. 2005-426, 10500 Quivira, to allow a mobile catheterization lab for Overland Park Regional Medical Center from September 30, 2005, to January 31, 2006;
    3. Special Event Permit No. 2005-433, 13800 Switzer, to allow a banner at the southwest corner of 135th Street and Switzer for the pumpkin patch at Deanna Rose Children’s Farmstead from September 22, 2005, to October 30, 2005;
    4. Special Event Permit No. 2005-435, 7700 West 75th Street, to allow a pumpkin patch fundraiser from October 4, 2005, to October 31, 2005;
    5. Acceptance of Right-of-Way, Final Plat No. 2005-70, Sunrise Overland Park, vicinity of the northwest corner of 135th Street and Long;
    6. Acceptance of Right-of-Way, Final Plat No. 2005-77, Mills Farm First Plat, vicinity of the southeast corner of 159th Street and Quivira;
    7. Ordinance No. Z-3163 (Special Use Permit No. 2005-11, 4870 Merriam Drive, to allow a tow lot for a two-year period of time;
    8. Continued Special Use Permit No. 2005-21), 8601 West 75th Street, to allow an office use in a residential district;
    9. Ordinance No. Z-3162 (Rezoning No. 2005-16), vicinity of the southeast corner of 151st Street and Quivira, to rezone from RE, Residential Estates District, to RP-OE, Planned Open Space Estate Residential District, to allow an open-space single-family subdivision;
    10. Ordinance No. ZRR-2564 Unified Development Ordinance Amendment - ZRR-2564, amendments to the Unified Development Ordinance Sections 18.110.188; 18.130.010; 18.130.12; 18.130.015; 18.130.030; 18.130.057, and adding new
      Sections 18.130.013; and 18.130.016 all relating to new construction permitting requirements related to construction site erosion and sediment control.

  12. Approved Ordinance No. VAC-2548 (Street Right-of-Way Vacation No. 2005-5), 12008 West 153rd Street.

  13. Continued Sign Deviation request by Extreme Ford, 7131 West 135th Street to the Council meeting of October 17, 2005.

Nonagenda item:

  1. Approved Special Event Permit No. 2005-449, 7201 W. 151st Street, to allow a pumpkin sale from September 27, 2005, through November 1, 2005, as stipulated.

  2. Recessed into executive session for 15 minutes to conduct preliminary discussions relating to the acquisition of real property.