Oct. 15, 2007 Council Summary

City Council Action Summary - Oct. 15, 2007

Approved Ordinance No. STE-2681, as amended, calling for a special election to be held on Jan. 29, 2008, for the purpose of voting on a proposition to authorize the City of Overland Park, Kansas, to levy a new City’s Retailer’s Sales Tax in the amount of one-eighth of one percent (.125 percent).
Approved Resolution No. 3626, as amended, pledging the intentions of the Governing Body with respect to the expenditure of revenues if the city is authorized by the electorate to levy a new one-eighth of one percent (1.25 percent) City retailers tax.
Proclaimed Oct. 16, 2007, as World Spine Day in Overland Park.
Presented awards from the Legacy of Greenery Committee for 2007 Landscape Excellence to: Bank of America, Executive Hills Style Shop, KenTacoHut, Mimi’s Restaurant – 95th Street, and Overland Park Marriott.
Approved Resolution No. 3625 relating to the issuance of the refunding revenue bonds (Overland Park Convention Center Hotel) in an amount not to exceed $120 million for the purpose of refunding and purchasing bonds issued to finance the construction of a convention center hotel.
Approved the following consent agenda items:
PUBLIC WORKS
Staff items:
1. Resolution No. 3621, setting forth findings and determinations of the Governing Body on the advisability of the creation of an improvement district for the construction of 121st Street and Metcalf Intersection Improvements (Improvement District No. 07-194);
2. Resolution No. 3622, authorizing and providing for the creation of an improvement district for the construction of 121st Street and Metcalf intersection improvements (Improvement District No. 07-194.)
FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT
Committee items:
1. Agreement with Quilogy, Inc., to provide consulting services in connection with the CRM Implementation Project in an amount not to exceed $60,000.
Staff items:
1. Expenditure Ordinance No. 10A – Outlining the expenditures from the General Operating Fund for Sept. 19 thru Oct. 2, 2007;
2. Capital Projects Expenditure Ordinance No. 10A- Outlining the expenditures from the Capital Projects funds for Sept. 27 through Oct. 3, 2007;
3. Capital Projects Expenditure Ordinance No. 10B – Outlining the expenditures from the Capital Projects funds for Oct. 4 through Oct. 10, 2007;
4. Application for New Drinking Establishment License - The Noodle Shop Company Kansas, L.L.C., d/b/a Noodles and Company, 13448 Metcalf, David Griffiths, manager;
5. Application for New Drinking Establishment and Caterers License - Johnson County Community College, d/b/a Cafe Tempo, 12345 College Boulevard, Jay Stewart Glatz, manager;
6. Application for New Drinking Establishment License Contingent on Receiving State License - Pioneer Pub, L.L.C., d/b/a Pioneer Pub, L.L.C., 13800 Metcalf, William Schwingen, manager;
7. Applications for Renewal of Drinking Establishment Licenses Contingent on Receiving State Licenses - a) Chili's of Kansas, Inc., d/b/a Romano's Macaroni Grill, 9292 Metcalf, Donald Godsey, manager; b) Chili's of Kansas, Inc., d/b/a Chili's Grill and Bar, 7001 W. 119th St., Christopher Fruin, new manager; c) Chili's of Kansas, Inc., d/b/a Chili's Hamburger Grill and Bar, 9099 Metcalf, Laura Pendergraft, new manager; d) DIOP Holdings, Inc., d/b/a Pear Tree Inn Overland Park, 10951 Metcalf, Curt David Cerise, manager; e) Hayward's Pit, Inc., d/b/a Hayward's Pit, Inc., 11051 Antioch, Hayward Spears, Sr., manager; f) Hong Fa, Inc., d/b/a Chinese Palace, 10136 W. 119th St., Dave Xu, manager; g) Johnny Cascone's, Inc., d/b/a Johnny Cascone's Restaurant, 6863 W. 91st St., James Cascone, manager; h) PB and J Robin, L.L.C., d/b/a Red Robin, 8657 W. 135th St., Michael Price, new manager; i) Ruchi, Inc., d/b/a Ruchi Indian Cuisine, 11168 Antioch, Niranjan Reedy Seelam, manager; j) 4:44, Inc., d/b/a Raul's Velvet Room, 7222 W. 119th Street, Robert Shay, manager;
8. Application for Renewal of Drinking Establishment 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, manager;
9. Applications for Renewal of Cereal Malt Beverage Licenses: a) Commodore Holding, Inc., d/b/a Imo's Pizza, 11552 W. 135th St., Sheila Commodore, new manager; b) Meiners Market of Quivira, L.L.C, d/b/a Phillips 66, 12560 Quivira, John Meiners, manager; c) Mr. Gyros Greek Food and Pastries, Inc., d/b/a Mr. Gyros, Inc., 8234 Metcalf, Chris T. Jovaras, manager;
10. Application for Temporary Permit to Sell Alcoholic Liquor - Gourmet Grocer Catering, for an event to be held Oct. 19, 2007, from 6 to 9 p.m., Macy's Cosmetic Counter, 11201 W. 95th St., Thomas E. Anderson, manager;
11. Application for Temporary Permit to Sell Alcoholic Liquor - Pickennos Pub and Eatery, for an event to be held Oct. 24, 2007, from 3:30 until 7 p.m., Kansas City Market Center, 6800 W. 115th St., Patty Boone, manager;
12. Application for Temporary Permit to Sell Alcoholic Liquor - John Paul II School, for an event to be held Oct. 20, 2007, from 6 to 10:30 p.m., 7023 W. 71st St., Tim Hannon, manager;
13. Request to Extend Premise to Sell Alcoholic Liquor - Nick and Jake's, for an event to be held Oct. 19 and Oct. 20, 2007, from 4 to midnight, 6830 W. 135th St., Kevin Timmons, manager.
PUBLIC SAFETY
Committee items:
1. Ordinance No. POC-2690 – regarding the unauthorized possession of a weapon in city-owned buildings, criminal use of weapons as it relates to the Personal and Family Protection Act and adding provisions regarding drug paraphernalia, simulated drugs and controlled substances;
2. Ordinance No. TC-1260,KKK – regarding driving under the influence of alcohol and drugs, violation of speed regulations and provisions of prohibited parking for certain purposes;
3. Authorization to negotiate purchase with Kustom Signals Incorporated, using the Kansas State contract, for purchase of 13 laser speed measuring devices in the amount of $40,412;
4. 2008-2009 Impaired Driving Deterrence Program Grant – request approval to apply for and, if approved, accept the two-year grant from Kansas Department of Transportation.
Staff items:
1. Application for new in-office therapy license for Neck Attack, Inc., 7811 W. 151st St., Dr. Darin M. Upchurch, applicant;
2. Application for renewal of massage therapy license for Double Take, 13459 Switzer, Becky L. Harper, manager;
3. Applications for renewal of massage therapy and in-office therapy licenses: a) Aspen Salon, 9926 College, Ronda Anderson, applicant; b) Serenity The Rejuvenating Day Spa, Inc., 7211W. 95th St., Judith M. Hohn, applicant.
COMMUNITY DEVELOPMENT
Committee items:
1. Resolution No. 3624 declaring the eligibility of the city to submit an application to the Kansas Department of Transportation for use of transportation enhancement funds set forth by the Federal Transportation Equity Act for the 21st Century for the Turkey Creek Bike/Hike Trail project and authorizing the Mayor to sign the application;
2. Ordinance No. REP-2701 repealing Overland Park Municipal Code Chapter 2.12 establishing an Arboretum/Botanical Garden Board.
Approved bid tabulation with Kansas City Bobcat totaling $13,942.66, for a cold planer attachment for a skid loader.
Approved bid tabulation with Kings Construction Company totaling $7,623,080.60 for construction pertaining to Overland Park Youth Soccer Park – Phase I.
Approved Supplemental Agreement No. 3 with HNTB Corporation for additional engineering services for the 2009 Residential Street Program, Part 1 and the 2009 SMAC Funded Storm Water improvements in the amount of $175,109.
Approved the following three non-agenda items:
1. Application for renewal of drinking establishment license contingent on receiving a state license for Papa Keno’s Pizzeria, Inc., d/b/a Papa Leno’s Pizzeria, 7901 Santa Fe, Kenneth Kantner, manager;
2. Application for a temporary permit to serve cereal malt beverages for Fiorella’s Jack Stack Barbeque, for International Lineman’s Rodeo Association special event to be held on Oct. 26, 2007, from 5:30 to 10 p.m. in Black and Veatch parking lot, 11401 Lamar; and
3. Bid tabulation from Felco Printing and Mailing, in the amount of $9,868.68, for the 2007 Family Survival Kit project.
Approved report to the Governing Body No. 07-02 regarding unsafe and dangerous structure at 10315 Antioch, setting public hearing for April 21, 2008, to allow the owner a reasonable time within which to abate the property.
Presented status report regarding the construction of six new holes at the St. Andrews Golf Course.
Approved disposition of city property and authorized sale of turf and other items salvaged from the demolition of the first six holes at the St. Andrews Golf Course and portions of the Community Park.
Authorized staff to proceed with additional golf course projects which include confirming Mid America Golf contract pricing for the renovation of the Overland Park Golf Course Driving Range; negotiating pricing for cutting, transporting and installing seven acres of Zoysia sod; and proceeding with the project beginning Oct. 17, 2007, in a total amount not to exceed $175,000, using golf course capital improvement funds.
Approved request to waive bid process and authorized staff to negotiate purchase from Life Fitness for the purchase of weight and cardio replacement equipment for the Tomahawk Ridge Community Center in the amount of $87,338.
Approved the following Planning Commission consent agenda items:
Continued Rezoning No. 2007-14, vicinity of the northwest corner of 167th Street and Switzer, to the City Council meeting of Nov. 5, 2007.
Presented Mid-America Council Report.
Recessed into executive session to discuss matters subject to attorney/client privilege relating to an agreement being negotiated between the city and Johnson County Fire District No. 2 (Rural).