OVERLAND PARK CITY COUNCIL MEETING. November 20, 2000

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1 OVERLAND PARK CITY COUNCIL MEETING November 20, 2000 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. Greg L. Musil, Council President; Mr. Thomas C. Tim Owens; Mr. Carl R. Gerlach; Mr. Byron C. Loudon; Mr. George Kandt; Dr. Jack Halligan; Dr. Kris Kobach; Mr. David G. Belpedio; Mr. Michael J. Lally; and Mr. Neil S. Sader. Also present were: Mr. John M. Nachbar, City Manager; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. Roger Peterson, Director of Planning and Development Services; Mr. John Anderson, Senior Assistant City Attorney; Mr. James Cox, Director of Parks and Recreation; Mr. Steve Ford Deputy Chief of Police/Major; Mr. Mark Stuecheli, Senior Transportation Planner; Mr. Brian Shields, City Traffic Engineer; Mr. Mike Garcia, Manager, Personnel Services; Mr. Bob Watson, City Attorney; Mr. Bob Lindeblad, Administrator, Current Planning; Mr. John Rod, Administrator, Long-Range Planning; Ms. Michelle Mendoza, Assistant City Manager; Mrs. Susan Waters, Communications Assistant; Mr. Greg Ruether, Manager, Parks and Forestry; Mr. Bob Jones, Director of Human Resources; Ms. Mary Birch, Overland Park Chamber of Commerce; and Mrs. Barbara Potts, Senior Recording Secretary. Approximately 50 persons were in the audience. PLEDGE OF ALLEGIANCE Mayor Ed Eilert led the audience in the Pledge of Allegiance. MAYOR ED EILERT NEW APPOINTMENT TO THE PLANNING COMMISSION: TERM OF OFFICE Beginning Ending David M. Hill 11/15/00 11/15/03 NEW APPOINTMENT TO THE CITIZENS ADVISORY COUNCIL ON PARKS AND RECREATION: David Coleman 2/1/99 2/1/01 REAPPOINTMENT TO THE CITIZENS ADVISORY COUNCIL ON PARKS AND RECREATION:

2 Page 2 TERM OF OFFICE Beginning Ending Loretta Chudy 10/8/00 10/8/02 REAPPOINTMENTS TO THE CODE BOARD OF APPEALS: Bob D. Campbell 12/1/00 12/1/03 Donald R. Pearce 12/1/00 12/1/03 Robert P. Frankovic (alternate) 12/1/00 12/1/03 A motion was made by Mr. Greg Musil and seconded by Mr. Michael Lally to approve the preceding new appointments and reappointments, as listed. The motion passed by a 10 to 0 vote. REPORT FROM THE COMMITTEE-OF-THE-WHOLE MEETING OF NOVEMBER 20, RESOLUTION NO Supplementing Resolution No and authorizing the marketing of not to exceed $98,000,000 aggregate principal amount of the Overland Park Development Corporation revenue bonds (Overland Park Convention Center Hotel project), including not to exceed $70,000,000 principal amount of first tier series 2000A bonds, not to exceed $30,000,000 principal amount of second tier series 2000B bonds, and not to exceed $10,000,000 principal amount of subordinate third tier series 2000C bonds to be issued for the purpose of financing the construction of a convention center hotel for the benefit of the City; Authorizing the annual recommendation of the budgeting and appropriation of Transient Guest Tax revenues to support the payment of the principal of and interest on the first tier and second tier bonds and the execution of the debt service support agreement contingent upon the approval by the corporation of the successful marketing and sale of said revenue bonds; and authorizing certain actions in connection therewith. Mr. Musil said that earlier this evening, the Committee of the Whole met to discuss a restructuring of the package for financing of the Convention Center Hotel, and by unanimous vote, recommended approval of Resolution No to the Council. A motion was made by Mr. Musil to approve Resolution No. 3192, concerning revenue bonds for the purpose of financing the construction of the Overland Park Convention Center Hotel, as reported at the Committee-of-the-Whole meeting. After a second by Mr. Thomas C. Tim Owens, the motion passed unanimously. CITY MANAGER JOHN M. NACHBAR No report. CONSENT AGENDA: PUBLIC SAFETY

3 Page 3 STAFF CONSENT ITEM: APPLICATION FOR RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE Associated Physical Therapists, d/b/a The Right Touch, 9391 W. 75th Street, Scott Allen Smith, applicant. PUBLIC WORKS STAFF CONSENT ITEMS: ACCEPTANCE OF DOCUMENTS AND AUTHORIZATION TO PAY AMOUNTS SPECIFIED - Concerning property at 127th Street, Pflumm to Quivira. Temporary Construction Easements Fairway Woods Area Homes Association $2,700 Nottingham By the Green Area Homes Association, Inc. (tract 29) 1,850 Nottingham By the Green Area Homes Association, Inc. (tract 30) 1,100 Heartland Christian Fellowship, Inc. (tract 32) 0 Heartland Christian Fellowship, Inc. (tract 33) 0 Permanent Drainage Easement & Temporary Construction Easement Christi & Larry Wagner, JTWROS $17,900 ACCEPTANCE OF DOCUMENTS Concerning property in the 2000 CDBG Residential Street Program (Hardy, 51st Street to 52nd Street; and 51st Street, Hardy to Lowell). Mary McBride Utility Easement & Temporary Construction Easement Joann Fisher Deed of Dedication, Utility Easement & Temporary Construction Easement Terry & Linda Morgan Utility Easement & Temporary Construction Easement William Finnerty Utility Easement & Temporary Construction Easement Edward Green Utility Easement & Temporary Construction Easement Steve & Debra Howard Temporary Construction Easement ACCEPTANCE OF DOCUMENTS Concerning property in the 2001 Residential Street Program (Conser south of 47th Street; Craig Lane, Merriam Drive to Goodman; Foster, 47th Street to Merriam Drive; Goodman, Merriam Drive to 47th Street; Goodman, 54th Terrace to city limits; Hadley, Merriam Drive to 47th Street; Mackey north of 54th Terrace; Newton north of 52nd Street; Riley, 47th Street to Merriam Drive; 47th Street, Hadley to east of Goodman; 47th Street, west of Conser to Merriam Drive; and 52nd Street, Newton to Conser). Jean Moffat Utility Easement & Temporary Construction Easement Martha & Patrick Lavin Temporary Construction Easement

4 Page 4 Johnny & Betty Choate Utility Easement & Temporary Construction Easement Phillip & Myrtle Niemann Utility Easement & Temporary Construction Easement Martha Lee, Trustee Temporary Construction Easement Clay & Martha Bowden Temporary Construction Easement Charles & Shirley Bowman Temporary Construction Easement Donald & Rose Ann Johnson Temporary Construction Easement John Wilson Two (2) Deeds of Dedication & Two (2) Temporary Construction Easements Church of God Holiness, Trustees Deed of Dedication, Utility Easement & Two (2) Temporary Construction Easements South Park Church God of Holiness, Trustees Temporary Construction Easement George & Joan McCusker Temporary Construction Easement Michael & Juanita Cox Temporary Construction Easement Gregory & Marsha Davey Temporary Construction Easement First Spanish American Baptist Church, Inc. Two (2) Deeds of Dedication & Two (2) Temporary Construction Easements Edwin Booth, Jr. & Mary Booth Deed of Dedication & Temporary Construction Easement Garry & Sherrie Rackley Utility Easement & Temporary Construction Easement Barbara Kreidemacher Deed of Dedication & Temporary Construction Easement DSS/Prodiesel, Inc. Utility Easement & Temporary Construction Easement Steve & Vicki Myer Temporary Construction Easement Rosemary Preston Temporary Construction Easement Kenneth & Judy Renner Deed of Dedication & Temporary Construction Easement FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE CONSENT ITEMS: 2001 COMPENSATION PROGRAM Including overall salary increase budget of 6.23 percent for a net cost estimated at $1,423,328 or 4.83 percent SPECIAL ALCOHOL CONTROL FUNDS Representing an increase of $25,000 over the 2000 base allocation for a total amount of $300,000 DAC agency funding. ECONOMIC DEVELOPMENT REVENUE BOND ISSUE AND COST BENEFIT ANALYSIS SPRINT EDRB SERIES 2000 Public hearing to be held on December 4, 2000, regarding issuance of $260,000,000 in economic development revenue bonds, granting tax exemption incentives to Sprint, and an ordinance authorizing the issuance of the Series 2000 Bonds.

5 Page 5 CONVENTION CENTER OPERATING AGREEMENTS Global Spectrum, LP, for services relating to the operation of the Overland Park Convention Center. WORKERS COMPENSATION THIRD PARTY ADMINISTRATION SERVICES Thomas McGee, L.C. Proposed 2001 Fees - $122 for medical only claims; $635 for claims involving indemnity payments; $19 for report only incidents; and $7,625 administrative fee LEGISLATIVE PROGRAM For consideration by the Committee of the Whole on December 11, 2000, with changes as follows: Removing the Repeal of Sales Tax on Commercial Remodeling Construction Labor to parallel the League of Kansas Municipalities position (3-2 vote); and Addressing the School Finance issue with language to be reviewed by the Committee members prior to the Committee-of-the-Whole Meeting on December 11 (5-0 vote). QUANTITATIVE PURCHASE OF OFFICE SUPPLIES For one-year extension of the current office supply contract with Corporate Express for a 58 percent discount percentage off the catalog list price ANNUAL CALENDAR Scheduled meetings. ORDINANCE NO. MEP-583,V Amendment Number Three to Restated Overland Park, Kansas, Municipal Employees Pension Plan and Trust Agreement. RESOLUTION NO Amendment Number Two to the Overland Park, Kansas, Police Department Retirement Plan. RESOLUTION NO Revision to Council and Committee Rules, Procedures and Protocol. WELLNESS PROGRAM PART-TIME B EMPLOYEES To be eligible to participate. STAFF CONSENT ITEMS: COUNCIL MINUTES October 2, EXPENDITURE ORDINANCE NO. 11A Outlining the expenditures from the General Operating Fund for October 26 through November 8, CAPITAL PRDOJECTS EXPENDITURE ORDINANCE NO. 11C Outlining the expenditures from the Capital Projects Funds for November 9 through November 15, APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE Mulvaney s Beef & Brew, d/b/a Mulvaney s Beef & Brew, 7955 E. Frontage Road, Jane L. Marlo, manager

6 Page 6 APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: Allgrace, Inc., d/b/a Jen Jen s Chinese Restaurant, 9066 Metcalf Avenue, James A.C. Allen, manager. Eight Stars Restaurant Corporation, d/b/a Hunan Magic Wok, College Boulevard, Sophia Tien, manager. Equilon Enterprises, L.L.C., d/b/a Texaco Star Mart #1518, W. 103rd Street, Janet Grismore, new manager. Equilon Enterprises, L.L.C., d/b/a Texaco Star Mart #2437, 7427 Metcalf Ave., Lisa McCombs, manager. Equilon Enterprises, L.L.C., d/b/a Texaco Star Mart #1516, Roe, Dennis Kalmar, new manager. Equilon Enterprises, L.L.C., d/b/a Texaco Star Mart #2433, 7701 West 123rd Street, Steve Davern, manager. Four B Corporation, d/b/a Hen House, Antioch, Pam Mitchell, manager. Four B Corporation, d/b/a Hen House, College Boulevard, Kort G. Gemperli, manager. Four B Corporation, d/b/a Hen House, 6900 W. 135th Street, Charles Evbanks, manager. Godfather s Pizza, Inc., d/b/a Godfather s Pizza #17008, W. 103rd Street, Tim Wagner, manager. Godfather s Pizza, Inc., d/b/a Godfather s Pizza #17026, Antioch, Brian Scraggs, new manager. Godfather s Pizza, Inc., d/b/a Godfather s Pizza #17007, 8724 Santa Fe, Randi Collins, new manager. Golf Operations Management, L.L.C., d/b/a Westlinks Pavilion, W. 127th Street, Timothy B. Eleeson, manager. Greek Cuisine, College Boulevard, Paramjit K. Gill, manager. RT KCMO Kansas, Inc., d/b/a Ruby Tuesday, 9707 Quivira Road, Michael F. Newman, manager. S.M.T., Inc., d/b/a The Roxy, 7230 W. 75th Street, Carol Moore, manager.

7 Page 7 Star Fuel Centers, Inc., d/b/a Texaco Star Mart, W. 135th Street, David A. Selph, manager. Wyandot Barbeque 2, Inc., d/b/a Wyandot Barbeque 2, 7215 W. 75th Street, Michael J. Roths, manager. RESOLUTION NO Consenting to the first amendment to lease agreement relating to $28,285,000 federally taxable private activity revenue bonds, Series 1998 (Universal Underwriters project), of the City of Overland Park, Kansas. COMMUNITY DEVELOPMENT STAFF CONSENT ITEMS: AGREEMENT Sports Officials Association for officiating services for basketball at the rate of $19 per game for the term of November 1, 2000, to September 1, Mr. Lally moved to approve the preceding Consent Agenda items, as listed. A second was made by Mr. Carl Gerlach. Mayor Eilert asked if the Council wanted to consider any items separately. Mr. Musil requested the removal of the third item (Economic Development Revenue Bond Issue and Cost Benefit Analysis Sprint EDRB Series 2000) under the heading of Finance, Administration and Economic Development Committee Consent Items for the purpose of abstaining. Also for the purpose of abstaining, Dr. Jack Halligan asked to remove the fifth item (Workers Compensation Third Party Administration Services) under the heading of Finance, Administration and Economic Development Committee Consent items. With the exception of the two items, as mentioned, the motion to approve the preceding Consent Agenda items passed by a unanimous roll-call vote. Mr. Carl Gerlach moved to approve the Economic Development Revenue Bond Issue and Cost Benefit Analysis with Sprint EDRB Series Mr. George Kandt seconded, and the motion passed by a vote of 9 to 0 to 1. Mr. Musil abstained. A motion was made by Mr. Musil to approve the Workers Compensation Third Party Administration Services with Thomas McGee, L.C. Mr. Byron Loudon seconded, and the motion passed by a vote of 9 to 0 to 1. Dr. Halligan abstained. REGULAR AGENDA: PUBLIC SAFETY COMMITTEE REPORT: Thomas C. Tim Owens, Chairman No report.

8 Page 8 STAFF REPORT: No report. PUBLIC WORKS COMMITTEE REPORT: Byron C. Loudon, Chairman No report. STAFF REPORT: BID TABULATION - House Removals, 7829/7831 Kessler, 9401/9403 West 76th Terrace, and 9313 West 76th Terrace. Director of Public Works Bob Lowry presented for consideration the bid tabulation for the removal of five houses located at 7829/7831 Kessler, 9401/9403 West 76th Terrace, and 9313 West 76th Terrace, which were associated with the Federal Emergency Management Agency (FEMA) buyout. Staff recommends approval of the low bid in the amount of $47,680 from Industrial Salvage & Wrecking. Mr. Musil moved to approve the low bid of $47,680 from Industrial Salvage & Wrecking for the properties, as listed above. Mr. Thomas C. Tim Owens seconded, and the motion passed unanimously. CANCELLATION OF AGREEMENT NO Secretary of Transportation of the State of Kansas for the roundabout at 110th Street and Lowell. Mr. Lowry said that staff recommends the cancellation of Agreement No between the City and the Kansas Department of Transportation (KDOT) to fund the roundabout at 110th Street and Lowell Avenue. Mr. Lally moved to approve the cancellation of Agreement No between KDOT and the City of Overland Park. Mr. Loudon seconded, and the motion passed by a 10 to 0 vote. ADDENDUM NO. 1 - Bartlett & West Engineers, Inc., for design of Switzer Road from 127th Street to 135th Street. Reference was made by Mr. Lowry to Addendum No. 1 for engineering services between the City and Bartlett & West Engineers for the design of Switzer Road, from 127th Street to 135th Street. He indicated that staff recommends approval of this project addendum. Mr. Lally moved to approve Addendum No. 1 for engineering services between the City and Bartlett & West Engineers for the design of Switzer Road, from 127th Street to 135th Street, in the amount of $24,960 for the changes as described in the Addendum to the Agreement and a total contract amount not to exceed $316,472. Mr. Loudon seconded, and the motion passed unanimously.

9 Page 9 AGREEMENT Mission Forest Homes Association for landscaping replacement on Mission Road from 103rd Street to Indian Creek Bridge. Mr. Lowry presented the Landscaping Replacement Agreement between the City and the Mission Forest Homes Association for landscaping replacement. He explained that the City will provide $13, to be used by the Homes Association to replace the landscaping on Mission Road from 103rd Street to Indian Creek Bridge. Mr. Loudon moved to approve the Landscaping Replacement Agreement with the Mission Forest Homes Association for landscaping replacement on Mission Road from 103rd Street to Indian Creek Bridge, in the amount of $13, to be paid by the City. After a second by Mr. Lally, the motion passed by a vote of 10 to 0. RESOLUTION NO AND KDOT AGREEMENT NO Secretary of Transportation of the State of Kansas for the intersection improvement at 110th Street and Lamar. RESOLUTION NO AND KDOT AGREEMENT NO Secretary of Transportation of the State of Kansas for the installation of fiber optic cable in the City. Mr. Lowry said the above referenced resolutions are in order and ready for approval. A motion was made by Mr. Loudon to approve Resolution No and KDOT Agreement No between the City and KDOT for the intersection improvement at 110th Street and Lamar, and Resolution No and KDOT Agreement No between the City and KDOT for the installation of fiber optic cable in the City. After a second by Mr. Lally, the motion carried by a vote of 10 to 0. EXTENSION OF TIME TO DECEMBER 15, 2000, AND REDUCTION IN RETAINAGE TO TWO PERCENT (2%) O Donnell & Sons Construction Company for Quivira Road, 135th Street to 143rd Street. Mr. Lowry referred to the extension of time requested by O Donnell & Sons Construction Company to reduce the retainage on the Quivira Road widening project between 135th Street and 143rd Street to two percent. He explained that O Donnell & Sons has completed the project with the exception of fence installation on November 15, 2000, and the installation of sod and buffalo grass on or about December 15, 2000, weather permitting. Mr. Loudon moved to approve the extension of time to December 15, 2000, and reduction in retainage to two percent with O Donnell & Sons Construction Company for Quivira Road, 135th Street to 143rd Street. After a second by Mr. Gerlach, the motion passed by a unanimous vote. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Mr. Neil S. Sader, Chairman

10 Page 10 WARD BOUNDARY ORDINANCE NO. WB (Continued from the November 13, 2000, Council meeting.) Mr. Gerlach moved to approve Ordinance No. WB-2265, which establishes ward boundaries within the City of Overland Park and repeals Ordinance No. BW Mr. Musil seconded. Based upon his seven years experience on the Council and recognition of the principles used in the City to establish ward boundaries, Mr. Musil said he devised Option No. 4. When former Councilmember Georgia Erickson represented Ward 5, he explained the overriding issue faced by Council was that the City Councilmembers would not be taken out of their existing districts. During the past four years, however, the majority of the Council has acknowledged that ward boundaries need to be changed to eliminate the odd configuration or stovepipe look caused by the contiguous precincts in Ward 5. Referring to the map showing the current wards, he pointed out that Ward 2 wraps around Ward 5 and Ward 3 wraps around the central part of the City. Therefore, his proposal is to move the northern boundary of Ward 5 to I-435, which would allow the boundaries of Wards 1 and 2 to extend straight across 87th Street. He believed that Option No. 4, as proposed, would provide an alternative in the future to make some logical step by step changes as the City s population continues to grow to the south, as opposed to the continuing jigsaw puzzle pattern of the past. He believed that Option No. 4 would be fair, allow the ward representatives to easily explain the boundaries of their areas, and create a compactness and symmetry of the wards. Dr. Kris Kobach stated that he appreciated Councilmember Musil s efforts to move for a sweeping change. However, as the Council has been debating the issue of ward boundaries, he believed it is important that the Council have consensus in the different areas of the City, as well as partisan consensus. As representatives of the people, he believed the changes should not cause an undue amount of disruption. Because these changes occur so rapidly, he believed it is sometimes difficult for citizens to build a relationship with their representative. When he was campaigning, he found that many citizens did not know who represented their area or their political standing. Since Option No. 4 is opposed by both representatives of Wards 1 and 2 and one representa-tive of Ward 5 (half of the Councilmembers), he believed this option would not be suitable. Therefore, he has attempted to find a way to tweak Councilmember Musil s proposal so the Councilmembers feel it satisfies the needs of the City. He moved to approve Option No. 4c as an amendment to Option No. 4. As he explained, Option No. 4c would make fewer changes, causing less disruption and reducing the number of wards that would be impacted. Secondly, Option No. 4c follows some community and neighborhood lines. Dr. Kobach believed one of the objectives is for communities with common interests to be represented by a common representative where this would be possible. He said the courts recognize that ward boundaries should not only be contiguous but also follow community lines. He pointed out that Option No. 4c would eliminate the stovepipe configuration in Ward 5 that was addressed by Councilmember Musil. Dr. Kobach moved to approve Option No. 4c, which would amend Option No. 4. Dr. Halligan seconded the motion.

11 Page 11 Mr. Musil said that he and Councilmember George Kandt discussed the fact that 95 percent of the new growth in population would be south of 135th Street and in Wards 4 and 5. He asked how the new growth would be distributed between Wards 4 and 5 with the current boundaries. Unless there would be a density change in Morse Township, which is currently lowdensity residential, Mr. Rod replied that Ward 5 would experience more of the growth south of 135th Street. Mayor Eilert stated that he would support the recommendation (Option No. 4) made by the majority of the Finance, Administration & Economic Development (FAED) Committee. He believed the Council needed to recognize an opportunity to make the wards more consistent and remove the stovepipe configurations. Therefore, if his vote is required, it would be in favor of Option No. 4. Mr. Gerlach concurred. Although some major changes are made in Option No. 4, he believed it sets up fewer changes and a more organized pattern in the future. He commented that the stovepipe configurations were formed because the former Councilmember of Ward 5 did not want to separate the neighborhoods. However, in his opinion, if the neighborhoods are separated, the citizens would receive better representation by more Councilmembers. He personally believed that many of the residents are not aware of the ward number in which they live, except for once a year when they go to vote. Mr. Gerlach expressed concern that the FAED Committee has spent a substantial amount of time reviewing the various options. He recalled that the chairman of the FAED Committee requested that options be submitted early enough for the Council to be able to review each option. He commented that he did not have an opportunity to review Option No. 4c until this evening. Thus, only taking a quick glance at Option No. 4c, he observed that this option will only create more major changes in the future. As mentioned earlier, Ward 5 is the least populated with 29,000 people and the other wards have approximately 30,000 people in each ward. In addition, Ward 2 will not be an area of new growth, so more major changes will be needed in the future to evenly distribute the population in the wards. He believed that Option No. 4c is not a viable solution. Mr. Owens said the proposed option which he suggested never went beyond the discussion at the Committee level. He explained that his proposal squared off the boundaries, retained all of the Councilmembers in their respective wards, and did not allow for stovepipe configuration of any of the wards. As a representative of Ward 3, he did not like being in what is known as the donut ward. He believed it is time to radically change the ward boundaries, so they would not have to be changed again in a few years. His suggestion was to square off the boundaries making Ward 3 east of Antioch and Ward 2 west of Antioch. He recalled members of the Council discussing a small change rather than a major change, and having the wards be horizontal rather than vertical. He liked the changes in Ward 1, but he believed an opportunity exists to have Wards 2 and 3 represent the center of the City and for them to be vertical. Then as growth occurs in the south, the boundaries can move southward. Although his proposal created more changes in more precincts, he

12 Page 12 did it with the idea that in the future, very little change would be needed and Wards 2 and 3 would be clearly identifiable by the residents in each of those wards. In his opinion, Option Nos. 4, 4a, 4b, and 4c do not create significant changes. As he explained, these options show Ward 2 across the entire City in a horizontal fashion, Ward 3 as a donut shape, and Ward 5 will be where the growth will occur. He was not comfortable with any of the options that have been presented and could not support options that consist of stovepipe configurations and have been gerrymandered. Mr. Lally believed Ward 1 had the least amount of impact. Although Ward 1 picks up three or four precincts, the character of these areas is very similar to Ward 1. He did not have a strong feeling about any of the options, except for the fact that he is trying to minimize disruption. In talking with Council-members Kobach and Sader, he agreed that a less disruptive and more gradual change would be best. He believed the proposal made by Dr. Kobach (Option No. 4c) would be a good compromise. Mr. Musil said his proposal has been referred to as a sweeping change, however, he believed his proposed option was not dramatically different than any of the other options. He pointed out that his proposal (Option No. 4) has 18 precinct moves and Dr. Kobach s proposed revision (Option No. 4c) has 16 precinct moves. Option Nos. 2 and 4b have 18 precinct moves, and Option No. 3 has 17 precinct moves. He believed the only difference would be in the number of moves or changes in the future. Rather than having six to eight moves every two years with the other options, Option No 4 would only have three or four moves. Therefore, Option No. 4 clearly provides the least amount of disruption in the future. He reiterated that his proposal was not some radical revolutionary change, but clearly within the same gambit as the other proposals. Mr. Sader supported the amended option, Option No. 4c. He believed the one issue which has not been discussed very much is the opinion that the northern portion/ older part of the City needs to continue to be represented by more than one ward. He mentioned that Option No. 4c allows Ward 5 to retain precincts north of I-435, which Councilmember Kandt expressed a strong desire to do. He believed that Ward 2 is the most impacted ward in regard to additional precincts. He explained that this option allows the representatives of Ward 2 to retain more of the northern Overland Park area and the many programs established in the past years by the Neighborhood Conservation Group and other groups. In his opinion, it would be better to gradually change the process every two years. Also, Option No. 4c would eliminate the stovepipe configuration of Ward 5, as well as allow the older areas of the City to be represented by multiple wards, which would be beneficial to those areas. According to Mr. Kandt, 9 of the 18 changes in Option No. 4 affect Ward 5. In his opinion, it is not reasonable or fair to the citizens of Ward 5 to make a significant number of changes at one time. He agreed that the action needs to be more incremental in nature and less disruptive. Secondly, the percentage deviation for Ward 5 under Option No. 4 is a negative 4.2 percent, whereas each of the other wards is positive, ranging from.3 percent to 2 percent. He believed that Ward 5 is taking the

13 Page 13 brunt of change, and in the best interests of the community, the ward boundaries should be more of a gradual change. He also believed the individual wards should represent an established area, as well as a newer area, because it would help enable a Councilmember to be more global and less parochial. Therefore, he could not support Option No. 4, but he would support proposed Option No. 4c as a compromise. Speaking to the amendment, Mayor Eilert believed there is good reason why the recommendation by the majority of the Committee contains fewer people in Ward 5. As indicated earlier, Ward 5 is where the growth will occur, and the growth would be without additional boundary changes. Absent that recognition, it seemed to him that in a couple of short years, the Council will be back to making additional changes in the fifth ward. In his experience, people understand changes and the fact that the wards have to be balanced in population. However, people do not understand making changes every two years. He believed it is best to make the least number of changes. Option No. 4c, which amends Option No. 4, has four precinct changes between the first and second ward. The recommendation from the Committee (Option No. 4) also has four precinct changes between the first and second ward. Referring to neighborhood cohesion, he pointed out that four precincts have been separated from the fifth Ward for at least 20 years, and the area north of 87th Street has been in a different ward than the area south of 87th Street, east of Lamar Street. Therefore, he was puzzled as to the reason that 87th Street should not be used as a boundary line. Mr. David Belpedio believed it is incumbent upon each Councilmember to have a global perspective. From his personal point of view, he would prefer to have less ground to cover as a representative of Ward 5. Because Ward 5 is long and narrow, he sometimes feels stretched between the areas north of I-435 and 159th Street. He preferred Option No. 4 because it squares off the areas. While listening to Councilmember Kobach s proposal (Option No. 4b), he said it might be a compromise to the extent that his proposal makes fewer changes. Therefore, he could support both Option No. 4 and Option No. 4b. However, he would not support Option No. 4c. Mayor Eilert announced the current motion is to amend the original motion with the adoption of Option No. 4c. The motion failed by a vote of 5 to 5. Those opposed were Mr. Belpedio, Mr. Owens, Mr. Musil, Mr. Gerlach, and Mr. Loudon. Mayor Eilert referred to the original motion (revised Option No. 4) presented to the Council for approval, which is the recommendation of the FAED Committee. The motion to approve Option No. 4 failed by a vote of 3 to 7. Dr. Halligan, Mr. Lally, Dr. Kobach, Mr. Sader, Mr. Owens, Mr. Belpedio, and Mr. Kandt opposed the motion. A motion was made by Mr. Belpedio and seconded by Mr. Loudon to approve Option No. 4b. Mayor Eilert clarified that the only difference between Option No. 4 and Option No. 4b is the location of two precincts. He explained that in Option No. 4b, Precinct 2-5 is moved to Ward 1 and Precinct 2-4 remains in Ward 2.

14 Page 14 The motion to approve Option 4b failed by a vote of 4 to 6. Opposing the motion were Mr. Owens, Mr. Kandt, Mr. Sader, Dr. Halligan, Dr. Kobach, and Mr. Lally. Mr. Sader moved to amend Option No. 4b with the following two changes retaining Precincts 1-16 and 2-5 in their original wards. Dr. Halligan seconded, and the motion to approve revised Option No. 4b failed by a vote of 3 to 7. Mr. Owens, Mr. Kandt, Dr. Kobach, Mr. Gerlach, Mr. Musil, Mr. Lally, and Mr. Belpedio opposed. A suggestion was made by Mr. Musil to continue this item to a subsequent part of the meeting to enable each Councilmember to review the various options. He believed it was difficult for staff and all of the Councilmembers to understand these last-minute options. He indicated that this subject has already been discussed at three different FAED Committee meetings, and now additional changes are being proposed. Mr. Loudon moved to continue Ward Boundary Ordinance No. WB-2265 for further discussion as the last item on the agenda. Dr. Halligan seconded. Mr. Lally asked if there was a time frame for making a decision on this item. He suggested that it might make more sense to return this item to the FAED Committee forum to continue discussion. In response to Mayor Eilert s inquiry regarding the time frame of the Election Office, City Attorney Bob Watson said correspondence has been received from the Election Commissioner that citizens from other cities have begun filing for election. According to the Election Commissioner, if Overland Park citizens would file for election at this time, the applications would have to be accepted. However, it the ward boundaries changed and placed these citizens in a different ward, a letter would need to be sent to inform them that they need to file again. Therefore, he believed the time frame for the Election Commissioner to receive the final changes would be as soon as possible. Mayor Eilert announced the current motion is to continue Ward Boundary Ordinance No. WB-2265 until the end of the meeting to allow the individual Councilmembers to review the proposed options. The motion carried by a vote of 10 to 0. EXCESS WORKERS COMPENSATION INSURANCE Employers Reinsurance Corporation. Mr. Sader informed the Council that the FAED Committee voted by 3 to 0 to 1 to recommend approval of Employers Reinsurance Corporation to provide Excess Workers Compensation Insurance for an amount not to exceed $65,000. He moved for approval, as recommended by the Committee, and a second was made by Mr. Lally. The motion carried by a 10 to 0 vote. INFORMATIONAL ITEM - Request for proposals for credit card payment services.

15 Page 15 Mr. Sader reported that the Committee unanimously approved staff s recommendation to issue a Request for Proposals to select a financial institution to provide electronic credit card services. He explained that the contract will be presented to the Council for approval following the selection process. STAFF REPORT: APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON TEMPORARY CERTIFICATE OF OCCUPANCY Carousel Comedy Club, Inc., d/b/a Stan Glazer s Comedy Club, 9601 B Metcalf, Stanford Glazer, manager. APPLICATION FOR NEW DRINKING ESTABLISHMENT LICENSE CONTINGENT ON STATE LICENSE AND CERTIFICATE OF OCCUPANCY Overland Park Hospitality, L.L.C., d/b/a Holiday Inn Hotel and Suites, Nall, Joseph V. Behrman, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON STATE LICENSE SC & N, Inc., d/b/a Freddy T s Bar & Grill, 7920 W. 151st Street, John D. Wright, new manager. Director of Finance, Budget and Administration Kristy Stallings presented the preceding three applications and indicated that staff recommends approval of all three with contingencies, as noted. A motion was made by Mr. Musil to approve the Applications as follows: 1) New Drinking Establishment License for Carousel Comedy Club d/b/a Stan Glazer s Comedy Club, 9601 B Metcalf, contingent upon a Temporary Certificate of Occupancy; 2) New Drinking Establishment License for Overland Park Hospitality, L.L.C. d/b/a Holiday Inn Hotel and Suites, Nall, contingent upon State License and Certificate of Occupancy; and 3) Renewal of Drinking Establishment License for SC &N, Inc., d/b/a Freddy T s Bar & Grill, 7920 West 151st Street, contingent upon State License. After a second by Mr. Gerlach, the motion passed by a 10 to 0 vote. COMMUNITY DEVELOPMENT COMMITTEE REPORT: Michael J. Lally, Chairman No report. STAFF REPORT: BID TABULATIONS: Park Shelter and Installation Director of Parks and Recreation James Cox presented the low bid of $19,860 from Poligon Shelters for the purchase and installation of a picnic shelter for Amesbury Lake Park, 142nd Street and Rosehill. He explained that the project will be funded by 2000 Special Parks and Recreation Funds.

16 Page 16 A motion was made by Mr. Loudon to approve the low bid from Poligon Shelters in the amount of $19,860 for the purchase and installation of a picnic shelter for Amesbury Lake Park, 142nd and Rosehill, as recommended by staff. Mr. Gerlach seconded, and the motion carried unanimously. Bluejacket Park Parking Lot Construction Mr. Cox said the referenced project is for reconstruction of the Bluejacket Park parking lot to bring it into compliance with City codes. The alternate bid is for an additional 11 parking spaces along the north driveway for a total of 114 parking spaces. He indicated that the project will be funded by 2000 Capital Improvement Funds. Staff recommends the bid be awarded to Clymer-King Construction, Inc., in the amount of $83, for a total base bid and the total alternate bid of $2, Dr. Halligan moved to approve the staff recommendation of the total base bid of $83, and total alternate bid of $2, for a total of $85, for the reconstruction of the Bluejacket Park parking lot, as noted. A second was made by Mr. Loudon, and the motion passed by a vote of 10 to 0. Director of Planning and Development Services Roger Peterson requested that a nonagenda item, Ordinance No. BID-2266, which establishes the Downtown Business Improvement District assessment for calendar year 2001, be added to the agenda for consideration. Mr. Gerlach moved to add the referenced item to the agenda, and Mr. Owens seconded the motion, passing by a vote of 10 to 0. NONAGENDA ITEM ORDINANCE NO. BID-2266, PROVIDING FOR THE ASSESS- MENT OF THE BUSINESS IMPROVEMENT SERVICE FEES FOR THE CALENDAR YEAR 2001 ON COMMERCIAL BUSINESSES LOCATED IN THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT. Mr. Peterson said the BID Advisory Board met last Thursday to consider Ordinance No. BID-2266, which establishes the fees for the assessments for the BID (Business Improvement District) in Downtown Overland Park for calendar year He indicated that the Board voted 5 to 0 to recommend approval of Ordinance No. BID Mr. Lally moved to approve Ordnance No. BID-2266, as outlined, and a second was made by Mr. Belpedio. The motion passed unanimously. RECOMMENDATIONS FROM THE PLANNING COMMISSION: PLANNING COMMISSION CONSENT AGENDA: FINAL PLAT NO Switzer Commons Second Plat Vicinity of the northeast corner of 135th Street and Grant. Application made by Shafer, Kline & Warren, Inc. The Planning Commission approved this item on October 30, 2000, by An 11 to 0 vote.

17 Page 17 FINAL PLAT NO Links at Lionsgate Second Plat Vicinity of 139th Street and Lamar Avenue. Application made by Lionsgate Golf Developers. The Planning Commission approved this item on October 30, 2000, by a vote of 10 to 0 to 1. FINAL PLAT NO Lionsgate by the Green Second Plat Vicinity of the southwest corner of 143rd Street and Nall Avenue. Application made by Synergy Development Alliance. The Planning Commission approved this item on October 30, 2000, by a vote of 10 to 0 to 1. FINAL PLAT NO Wilderness Valley Second Plat Vicinity of 166th Street and Rosewood. Application made by The Wilderness Developers, L.L.C. The Planning Commission approved this item on October 30, 2000, by a vote of 10 to 0 to 1. SPECIAL USE PERMIT NO West 127th Street. Special use permit requested for an indefinite period of time to allow for a Sprint Communications data services cabinet. This property is currently zoned R-1, Single-Family Residential District. Application made by Sprint Communications Company. The Planning Commission approved this item on October 30, 2000, by a vote of 11 to 0. Ordinance No. Z SPECIAL USE PERMIT NO West 135th Street. Special use permit requested for a one-year period of time to allow an arcade consisting of 15 games. This property is currently zoned CP-2, Planned General Business District. Application made by Bishop Rink Holdings, L.L.C. The Planning Commission approved this item on October 30, 2000, by a vote of 11 to 0. Ordinance No. Z REZONING NO Vicinity of the northwest corner of 159th Street and U.S. 69 Highway. Rezoning requested from A-J, Agricultural District, Johnson County, to CP-0, Planned Office Building District, CP-2, Planned General Business District, and CP-3, Planned Commercial District, to allow for a retail shopping center. Application made by Andrew Schlagel. The Planning Commission denied this item on September 11, 2000, by a vote of 8 to 0. Ordinance No. Z (Continued from the November 6, 2000, Council meeting.) REZONING NO Vicinity of the northwest corner of 159th Street and U.S. Highway 69. Rezoning requested from A-J, Agricultural District, Johnson County, to R-1A, Small-lot, Single-Family Residential District, and RP-4, Planned Cluster Housing District, to allow for the development of a small-lot single-family and multifamily development. Application made by Andrew Schlagel. The Planning Commission denied this item on September 11, 2000, by a vote of 8 to 0. Ordinance No. Z (Continued from the November 6, 2000, Council meeting.) ZONING TEXT AMENDMENT NO. ZRR-2254 Amendments to Section , Signs Permitted in Residential Districts. Application made by the City of Overland Park. The Planning Commission approved this item on October 30, 2000, by a vote of 11 to 0. ORDINANCE NO. ZRR Mr. Musil moved to approve the preceding nine Planning Commission Consent Agenda items, as listed. Mr. Lally seconded.

18 Page 18 In response to Mayor Eilert s inquiry regarding items to be considered separately, Mr. Belpedio requested that Rezoning No and Rezoning No be considered separately. A request was made by Mr. Musil that Special Use Permit No be considered separately for the purpose of abstaining. Mayor Eilert asked whether anyone would like to address item Special Use Permit No , West 135th Street, or Zoning Text Amendment No. ZRR-2254, Amendments to Section , Signs Permitted in Residential Districts. No comments were offered in response to the announcement of the public hearing, and it was declared closed. With the exception of Special Use Permit No , Rezoning No , and Rezoning No , the motion to approve the Consent Agenda items passed by a 10 to 0 roll-call vote. A motion was made by Mr. Lally to approve Ordinance No. Z-2833 (Special Use Permit No ), West 127th Street, for an indefinite period of time to allow for a Sprint communications data services cabinet, and Mr. Belpedio seconded. There being no response to the announcement of a public hearing for Special Use Permit No , Mayor Eilert declared the public hearing closed. The motion carried by a roll-call vote of 8 to 0 to 2. Mr. Musil and Mr. Kandt abstained. Referring to Rezoning No and Rezoning No , both located in the vicinity of the northwest corner of 159th Street and U.S. 69 Highway, Mayor Eilert explained that these are companion items. He said these items were unanimously recommended for denial at the September 11, 2000, Planning Commission meeting and then continued from the November 6, 2000, City Council meeting. Administrator of Current Planning Bob Lindeblad explained that the City Council first considered Rezoning No on December 7, He said the Planning Commission had unanimously recommended that the zoning requests be denied. The City Council voted to return these zoning requests to the Planning Commission in order to allow the applicant an opportunity to revise the plans. Since that time, the applicant has withdrawn Rezoning No and filed a new request, Rezoning No , for a rezoning from A-J to R-1A, Small-Lot Single-Family District, and RP-4, Planned Cluster Housing District. In addition, the applicant has modified Rezoning No to reduce the amount of commercial zoning and to include a request for CP-0, Planned Office Building District, for a portion of the property. He indicated that the area and location of both requests has been modified since the last hearing before the City Council. According to Mr. Lindeblad, there are two zoning applications. He explained that one is for commercial development and the second application is for town homes, fourplexes, and an R-1A, Small-Lot Single-Family District development. He referred to the tract, which was shown on the overhead projector screen, at the northwest

19 Page 19 corner of 159th Street and U.S. 69 Highway. He pointed to the area designated for medium-density residential and the area designated for low-density residential. He indicated that the applicant is proposing commercial development along the 159th Street frontage, multi-family town home development behind the commercial area, and R-1A, Small-Lot Single-Family, development behind the multi-family development. The major issue is the future development plan and the appropriateness of additional commercial zoning at this location. Mr. Lindeblad recalled the discussion of an extensive joint City/County study area, which was ultimately adopted by both groups and incorporated into the City s Master Plan, limiting the commercial development along Metcalf Avenue, north of 159th Street. In staff s opinion, the tracts in question are most appropriate for residential development. Mr. Lindeblad said that staff did a study within the last year regarding the amount of low-density residential available for development within the City. The study showed that the amount of sewered ground for low-density residential will run out in approximately two years and that all low-density residential will be diminished in five years. With the appropriateness of the lay of the land and with the single-family subdivisions to the north, staff believes the single-family development should continue to where the multi-family development is proposed. Staff also believed that the medium-density town homes, as proposed by the applicant, to be more appropriate than commercial development. In September, the Planning Commission discussed these items on Master Plan issues, the appropriateness of additional commercial on 159th Street, the abundance of commercial development north along 151st Street and along Metcalf Avenue, and 900,000 square feet of commercial (of which only 27 percent is currently constructed). Since additional commercial is not needed, it was determined that the ground is more appropriate for residential. Therefore, the Planning Commission recommended unanimously that both rezoning applications be denied. Mr. Musil commented that the point is that the City is running out of single-family sewered land, and thus, the land should be held more precious. However, because of the surrounding area which consists of a cell tower, water tower, and a future interchange onto a major highway, he asked whether this land would be an appropriate development area for single-family homes. Mr. Lindeblad explained that other residential areas in the City have cell towers, water towers, and interchanges in the surrounding areas. He stated that staff believes this property is appropriate for residential development. In response to Mr. Lally s question whether staff is in agreement with the proposal for multi-family development, Mr. Lindeblad confirmed that staff is in agreement. The staff does not support the commercial development. Mr. Gerlach asked the zoning use which is directly south of the retail part of this development. Mr. Lindeblad said the land that is south of the retail area is designated as Light Industrial/Business Park. He explained that this land was included in the Master Plan last year.

20 Page 20 Dr. Kobach inquired whether buffering is required between light industrial and residential. He asked whether the City has a guideline or a standard which shows when it is appropriate to have residential property abutting property that is zoned for light industrial or business park. In response, Mr. Lindeblad said there are several areas that consist of the same relationship between business park and residential. He referred to the business park zoning across from single-family development at 133rd Street, west of Antioch Road. He said the parallel access road is the buffer between the business park on the south and the single-family development to the north. With the performance standards of the business parks, staff believes these two uses are compatible. Mr. Andrew Schlagel, Planning Consultant, said he represents Terra Fina Properties, the owners and developers of this particular piece of ground and the larger neighborhood that surrounds it. He commented that Terra Fina Properties is a fairly new developer in the community. He said Terra Fina Properties currently has a singlehome, maintenance-provided project at 127th Street and Grant Street and a larger single-family project at 127th Street and Switzer. As he explained, the zoning proposals on the two applications presented this evening consists of approximately 52 acres of ground. However, that is only a portion of their ownership. Terra Fina also owns another 50 acres of ground to the north which is the single-family home community of Pinewood with houses ranging from $225,000 to $500,000. Mr. Schlagel said that Terra Fina wanted a larger site that could be used for several different component parts of a neighborhood. He commented that Terra Fina wants to build high-dollar, larger, single-family homes that would transition to somewhat smaller homes. He explained the purpose of his presentation this evening is to show the modifications the applicant made to the initial proposal. Mr. Schlagel stated that the initial application was a request at the northeast corner of 159th Street and Antioch Road. It consisted of RP-4, Planned Cluster Housing District, for a town home project and an RP-3, Planned Garden Apartment District, for another town home project with a different configuration and a higher density. He said these two projects are anchored by a 20- to 25-acre neighborhood community center and supermarket. Both of the future ramps of the interchange with U.S. 69 Highway are located on the south side and will exit to 159th at this particular location, which is the front door for the commercial tract on either plan. To familiarize the Council with the surroundings, Mr. Schlagel said there is an adjacent highway, an old water tower, and a metal barn that is used as a maintenance facility, which have been at this location for a long period of time. Secondly, to the north is a cell tower site. He believed the application should be reviewed for appropriate uses, as well as whether residential would even be a good use because of the surroundings. Mr. Schlagel said the previous plan proposal showed the 25 acres, west of Lowell Avenue, as a town home community. In the revised plan, the 25 acres has been left out of the application and is in the process of being sold to a church, which is a permitted conforming use within low residential. He said the applicant also acquired