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Overland Park
Kansas
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City Council Action Summary - FEB. 6, 2006
  1. Held public hearing on 2006 Budget Amendment to the Transient Guest Tax Operating Fund and approved a $45,000 increase to the Overland Park Convention and Visitors Bureau 2006 Contract.

  2. Reappointed Marie Lear to the Civil Service Commission for a term of 1/6/06 to 1/6/09.

  3. Reported Committee-of-the-Whole recommendations:
    1. Schedule a public hearing for 2007-2011 CIP at the 2-13-06 Council meeting and that the adoption of the 2007-2011 CIP, for budget planning purposes, be scheduled at the 2-20-06, Council meeting; and
    2. Direct staff to oppose Senate Bill 449 which limits City authority regarding franchise fees and build-out requirements.

  4. Approved (and removed item 1 as it is covered under Regular Agenda - Public Safety Committee Report) the following consent agenda items:

    FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT – Committee Items:

    1. Informational item – 2006 State Legislative Program – Review of House Bill No. 2554 at the request of the Public Safety Committee.
    2. Informational item – 2006 State Legislative Program – Review of House Bill 2619 regarding the elimination of business machinery and equipment (M&E) property tax;
    3. Request to waive bid process and authorization to negotiate purchase from State of Kansas Western States Contracting Alliance for the purchase of replacement computers from Dell Computers in an amount not to exceed $202,000;
    4. Resolution No. 2265,C, merging the Fire Department’s Section 457(B) Plan into the City’s 457(B) Plan, both as maintained under the State of Kansas Deferred Compensation Plan and approving the amendment of both plan joinder agreements to reflect such merger.
  5. Staff items:

    1. Council minutes – September 12; November 14; November 21; December 5; and December 12, 2005;
    2. Confirmed investments totaling $30,284,328.23 ($12,000,000 in Certificates of Deposit and $18,284,328.23 in U.S. Agency Securities);
    3. Expenditure Ordinance No. 1B, outlining the expenditures from the General Operating Fund for December 29, 2005, through January 11, 2006;
    4. Expenditure Ordinance No. 1C, outlining the expenditures from the General Operating Fund for January 12 through January 25, 2006;
    5. Capital Projects Expenditure Ordinance No. 1B, outlining the expenditures from the Capital Projects funds for January 5 through January 11, 2006;
    6. Capital Projects Expenditure Ordinance No. 1C outlining the expenditures from the Capital Projects funds for January 12 through January 18, 2006;
    7. Capital Projects Expenditure Ordinance No. 1D, outlining the expenditures from the Capital Projects funds for January 19 through January 25, 2006;
    8. Capital Projects Expenditure Ordinance No. 2A, outlining the expenditures from the Capital Projects funds for January 26 through February 1, 2006;
    9. Application for new drinking establishment license contingent on receiving state license and special use permit – HZ Enterprises, L.L.C., d/b/a Kababesh Grill, 10142 W. 119th Street, Mohammad Y. Hemayoun, manager;
    10. Applications for Renewal of Drinking Establishment Licenses: (a) Rainforest Cafe, Inc., Kansas, d/b/a Rainforest Cafe, 11327 W. 95th Street, James S. Anderson, manager; (b) RT KCMO, d/b/a Ruby Tuesday, 9707Quivira Road, David M. Smith, new manager;
    11. Application for Renewal of Class A Private Club License - VFW Post #846, d/b/a Santa Fe Trail Post #846, 8804 Grant, Gloria J. Thelen, manager.
    12. Applications for Renewal of Cereal Malt Beverage Licenses: (a) Lateef, Inc., d/b/a 7-Eleven Store #25726, 8700 W. 95th Street, Khalid Asad, manager (b) Liway, Inc., d/b/a George's Pizza, 8435 W. 95th Street, Larry Thoennes, manager; (c) Wild Oats Markets, Inc., d/b/a Wild Oats Market, 6621 W. 119th Street, Melissa Arnett, new manager;
    13. Application for Temporary Permit to Sell Alcoholic Liquor - Duck's Unlimited Johnson County, for an event to be held, February 18, 2006, from 5 p.m. until 11:30 p.m., at the Kansas City Gift Mart, 6800 W. 115th Street, Gary M Upah, manager;
    14. Application for Temporary Permit to Sell Cereal Malt Beverage - Overland Park South Rotary Club, for an event to be held June 9, 10 and 11, 2006, from 6 p.m. until 11 p.m., at 9711 W. 109th Street, George M. Humphries, manager.

    COMMUNITY DEVELOPMENT – Committee Items:

    1. Informational item – Construction of a bike/pedestrian trail along the Turkey Creek Bluff;
    2. Ordinance No. A-2599, annexation of approximately 255 acres of land located in the vicinity of the northwest corner of 167th Street and Kenneth Road;
    3. Ordinance No. A-2600, annexation of approximately 40 acres of land located at the southwest corner of 167th Street and Switzer Road;
    4. 2006 Master Plan Work Program;
    5. 2006 State Legislative Program, authorizing staff to testify in opposition of House Bill No. 2100 and House Bill No. 2596 relating to charging sales tax on golf course green fees and materials and services purchased by golf courses;
    6. Design/Build Agreement with McCownGordon Construction, L.L.C., for design and construction of a new community center with a guaranteed maximum price of $18,959,607, resulting in a total project cost of $20,500,000;
    7. Ordinance No. NU-2601, relating to the authority of the City regarding enforcement against nuisances in the City;
    8. Request approval of funds for Kansas City Neighborhood Alliance to support the Summer Block Parties Program in the amount of $2,500 from the contingency fund;
    9. Resolution No. 3507, sewer district enlargement in the vicinity of the southwest corner of 167th Street and Switzer Road.

    PUBLIC SAFETY – Committee Items:

    1. Request approval of funds for El Centro for services they provide to immigrant and minority families living in Overland Park, in the amount of $25,000 from the contingency fund;
    2. Resolution No. 3505, establishing policy on school crossing guards and traffic control;
    3. Request approval to apply and accept enforcing underage drinking laws (EUDL) mini grant – Kansas Department of Transportation with no matching funds required.

    Staff items:

    1. Application for New Massage Therapy License - New Day Yoga Studio, 15238 Broadmoor, Vladislav Rangotchev, applicant;
    2. Applications for Renewal of Massage Therapy Licenses: (a) Therapeutic Massage Clinic, 9525 Mission Road, Bella Yatskevich, applicant; (b) Tomahawk Ridge Community Center, 11902 Lowell, Brad Delay, applicant;
    3. Application for Renewal of Massage Therapy and In-Office Massage Therapy License - Jones Beauty Salon #21224, 9501 Metcalf, Roshan N. Mahmood, applicant;
    4. Application for Renewal of Massage Therapy and In-Office Massage Therapy License Contingent on Receiving Fire Code Approval - Salon Mission and Day Spa, 3791 W. 95th Street, Misty Kelly, applicant.

    PUBLIC WORKS – Committee Item:

    1. Enforcement of sidewalk variance – southwest corner of 123rd Street and Blue Valley Parkway.

  6. Approved Charter Ordinance No. Eighty-Eight, providing substitute provisions on the salaries of the Mayor and City Council members; providing for Mayor and Council member benefits and allowances

  7. Delayed scheduling of required public hearing for unsafe and dangerous structure at 7023 Antioch (Report to the Governing Body No. 06-01) until August 21, 2006, to allow property owner time to make necessary repairs.

  8. Approved that the Council take no position regarding 2006 State Legislative Program, House Bill 2554 regarding the collection of DNA samples.

  9. Approved bid tabulation for Asphaltic Concrete from Holland Corporation (Primary Supplier), O’Donnell & Sons Construction Company (Secondary Supplier) and APAC-Kansas, Inc. – Kansas City Division (Tertiary Supplier) as outlined on bid tabulation and recommended by staff.

  10. Approved bid tabulation for Asphaltic Road Oils as follows: for CRS-1H or CRS-2 to Vance Brothers, Inc., unit price $1.54 per gallon; for Rubberized Asphaltic Crack Sealer to Paving Maintenance Supply, unit price $0.2267 per pound; and CCS-1H to Vance Brothers, Inc., unit price $1.54 per gallon.

  11. Approved bid tabulation for Mechanical Broom Sweeper to American Equipment Company for a total cost of $146,584 after trade-in and purchase of Option 1 and optional engine cover.

  12. Approved agreement with City of Prairie Village for the public improvement of Nall from 83rd Street to 95th Street.

  13. Approved agreement with City of Olathe for the public improvement of Pflumm Road from the north side of 135th Street to the south end of the Indian Creek Bridge.

  14. Removed Addendum No. 1 to Agreement with SK Design Group to make changes and then return to the Council.

  15. Approved Supplemental Agreement No. 2 with Stearns, Conrad, and Schmidt Consulting Engineers, Inc., d/b/a SCS Engineers, for additional work on the City Landfill Compliance Study for the Kansas Department of Health and Environment for an additional fee not to exceed $13,100.

  16. Approved agreement with Affinis Corporation for engineering services for the reconstruction and widening of Metcalf from 99th Street to 103rd Street for a fee not to exceed $583,545.

  17. Approved agreement with Olsson Associates for the 2006 Storm Water Preliminary Engineering Study for a fee not to exceed $58,891.

Approved the following Planning Commission consent agenda items:

  1. Special Event Permit No. 2006-10, 8204 Country Club Drive, to allow a banner from January 10 to December 31, 2006;
  2. Special Event Permit No. 2006-20, 9401 Indian Creek Parkway, to allow a jazz festival in Corporate Woods from June 9 to June 11, 2006;
  3. Special Event Permit No. 2006-21, 8212 Metcalf, to allow temporary signage for Midwest Title Loans, Inc., from February 6, 2006, to February 28, 2006;
  4. Special Event Permit No. 2006-29, 6251 Sprint Parkway, to allow various miscellaneous events from March 6 to November 30, 2006, for Sprint Corporation;
  5. Special Event Permit No. 2006-30, 8290 West 151st Street, to allow a banner on the building for a tanning salon in the Trail Winds Shopping Center, from December 19, 2005, to December 31, 2006;
  6. Acceptance of Right-of-way, Final Plat No. 2005-86, for Travel Clean Development, vicinity of the southwest corner of 123rd Street and Blue Valley Parkway;
  7. Acceptance of Right-of-way, Final Plat No. 2005-126, ERC Campus First Plat, vicinity of the northwest corner of 139th Street and Metcalf;
  8. Final Development Plan Approval for Menorah Medical Center, 5701 West 119th Street;
  9. Revised Preliminary Plan Approval for Freedom Bank, 6600 West 143rd Street;
  10. Ordinance No. Z-3187 (Special Use Permit No. 2005-47), 10142 West 119th Street, for a three-year period of time, to allow a drinking establishment;
  11. Ordinance No. Z-3188 (Special Use Permit No. 2005-49), 7300 West 119th Street, for a one-year period of time, to allow an arcade;
  12. Ordinance No. Z-3189 (Special Use Permit No. 2005-50), 12500 West 135th Street, for a one-year period of time, to allow a temporary sales trailer;
  13. Ordinance No. Z-3190 (Special Use Permit No. 2005-51), 6600 West 143rd Street, for a two-year period of time, to allow a temporary bank;
  14. Ordinance No. Z-3191 (Special Use Permit No. 2005-52), 8800 West 151st Street, for a two-year period of time to allow a temporary bank;
  15. Ordinance No. Z-3192 (Special Use Permit No. 2005-53), vicinity of the southeast corner of 107th Street and Lamar, for an indefinite period of time to allow a retirement community.