OVERLAND PARK CITY COUNCIL MEETING. June 17, 2013

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING June 17, 2013 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. David White, Council President; Mr. Terry Goodman; Mr. Richard Collins; Mrs. Terry Happer Scheier; Mr. John H. Thompson; Mr. Fred Spears; Mr. John Skubal; Mr. Dave Janson; Mr. Jim Kite; Mr. Curt Skoog; Mr. Dan Stock; and Mr. Paul Lyons. Also present were: Mr. Bill Ebel, City Manager; Mrs. Kristy Stallings, Deputy City Manager; Mr. Mike Santos, City Attorney; Mr. Steve Horner, Senior Assistant City Attorney; Mr. Jack Messer, Director of Planning and Development Services; Mr. Tony Cosby, Director of Recreation Services; Mr. Greg Ruether, Director of Parks Services; Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mr. Mike Casey, Deputy Fire Chief; Mr. Mark Kessler, Deputy Police Chief; Mrs. Tammy Owens, Deputy City Attorney; Mrs. Vicki Irey, Chief Information Officer; Mr. John Knoll, Senior Assistant City Attorney; Mr. Doug Brown, Director of Public Works; Mr. Dave Scott, Chief Financial Officer; Mr. Mike Garcia, Chief Human Resource Officer; Mr. Sean Reilly, Communications Manager; Mr. Lloyd Nichols, Senior Help Desk Support Specialist; and Ms. Pamela Blaszyk, Recording Secretary. Approximately 25 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Carl R. Gerlach led the audience in the Pledge of Allegiance. PUBLIC HEARING: CONSIDERATION OF THE ADVISABILITY OF THE PASSAGE OF PROPOSED ORDINANCE NO. STE Calling for a special election to be held on October 8, 2013, for the purpose of voting on a proposition to authorize the City of Overland Park, Kansas, to levy a Retailers Sales Tax in the amount of oneeighth of one percent (.125%) for the purpose of funding a Residential Street Improvement Program and a Thoroughfare Street Improvement Program to take effect on April 1, ORDINANCE NO. STE Calling for a special election to be held on October 8, RESOLUTION NO 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 one-eighth of one percent (.125%) City retailers' tax. City Manager Bill Ebel stated that the one-eighth of one percent sales tax was originally established in It has been renewed three times by a ballot vote from the electorate. It has raised close to $70 million, and all but $2.3 million has been spent on street maintenance and street improvements in the community. The

2 Page 2 $2.3 million was spent on project management, which was for the staff to execute that program. The one-eighth of one percent sales tax is assumed in their five-year financial plan and the Capital Improvements Program (CIP), and it is critical to both the CIP and the infrastructure maintenance program. The ballot vote is scheduled for October The only real difference with this vote is that staff is asking them to consider allowing the one-eighth of one percent sales tax to continue for ten years versus five years. Director of Public Works Doug Brown indicated that the purpose of the discussion is to recognize the benefits that they have derived from the one-eighth of one percent sales tax and to look at the impact if the sales tax was not to be continued. The sales tax has generated about $70 million. Approximately half of the revenue has been spent on residential streets and half has been spent on thoroughfare improvements. A small portion of the revenue went to project management. For the last five years of the one-eighth of one percent sales tax, a certain amount was allocated to infrastructure maintenance. The first category was for residential streets. Today they have 640 centerline miles of residential and collector streets. The average age of the streets is about 30 years old, and 20 percent of the streets are now over 50 years old. About 10 percent of the streets are beyond their useful life and need to be reconstructed at some point. The Residential Street Program was completed in September In 2011, they began the Neighborhood Street Reconstruction Program and focused on rebuilding the streets that were beyond their useful life. The Residential Street Program was partially funded by the one-eighth of one percent sales tax. The Neighborhood Street Reconstruction Program is an indefinite program that will extend into the distant future. At the end of 2015, they will have reconstructed six miles of the streets that were beyond their useful life. The current CIP assumes the continuation of the oneeighth of one percent sales tax. The ten-year renewal program that is proposed recognizes that there is a need to improve residential streets that will be carried forward throughout the distant future. Therefore, a source of funding is required for the future. They also recognize that they need to find a way to accelerate this program by putting more funding into it, so they can reconstruct those streets at a faster level. The other major category is thoroughfare improvements. Today the City has about 170 centerline miles of thoroughfares. In the past 15 years, with the sales tax, they have improved almost 20 percent of the thoroughfares either from two- to four-lane improvements or four- to six-lane improvements. The thoroughfare improvements have extended from 87th Street to 159th Street, where they are currently working on a two-mile project from Quivira to Antioch. Because of the growth of the City, they still have 55 miles of unimproved thoroughfares, which were built as county section line roads. At some point in the future, they will have to be rebuilt. There will be a continuing need to widen two-lane thoroughfares to four lanes and four-lane thoroughfares to six lanes as traffic increases on those thoroughfares. The current CIP assumes a continuation of funding from the one-eighth of one percent sales tax for the Thoroughfare Program. The one-eighth of one percent sales tax has had a major role in serving as a local match for the City so they can get federal and county funds and funds from other cities, so that it almost has a four to one buying power. The thoroughfare improvements support economic development, improve the quality of life and improve public safety for the motoring public. Over the next ten years, they see this need continuing. With 55 miles of unimproved thoroughfares, this need will be continuing into the indefinite future.

3 Page 3 Beginning in 2009, they have had a new category for infrastructure and traffic maintenance improvements. This is primarily to replace overage traffic signals, replace overage streetlights, fund new sidewalk construction and repair or replace curbs that have had premature deterioration. If the one-eighth of one percent sales tax is not renewed, there will be some impacts. They will no longer have the ability to continue to make thoroughfare improvements to improve the travel safety of the motoring public in Overland Park. Regarding neighborhood revitalization, they are currently rebuilding 91st Street, between Antioch and U.S. 69 Highway. Without the one-eighth of one percent sales tax, the Neighborhood Street Reconstruction Program would be eliminated. Traffic operations would be diminished without this funding because they use the funding to replace overage signals. They use the thoroughfare improvements to significantly enhance economic development potential. Last year, 159th Street was completed between Metcalf and Antioch. They are now designing the interchange that will be located at 159th Street and U.S. 69, which will be under construction in They have been able to use the one-eighth of one percent sales tax to enhance the quality of life in the City with road improvements. This has played a partial role in Overland Park once again being recognized by Money Magazine as one of the top places in the nation to live. Mr. Dan Stock asked if the one-eighth of one percent sales tax is not renewed, how many mills would have to be increased in the property tax to accomplish the same goals. Mr. Ebel replied that they get $5.5 million to $6 million per year from the oneeighth of one percent sales tax, which is, with today s assessed valuations, about two and one-half mills. Communications Manager Sean Reilly stated that the City has been collecting quite a bit of data on the one-eighth of one percent sales tax since That data has been housed by the Finance, Budget and Administration Department and the Public Works Department. He wanted to recognize two people who helped to get that information ready for the City s Web site. Through their creativity and their coding, they have provided a Web site that will answer questions and provide information for people who are curious about the one-eighth of one percent sales tax. Mr. Reilly thanked Applications and Development Manager Bryan Dickerson and Software Architect Teri Stewart for their assistance in creating the Web site program. They will continue to add to the features on the Web site as they begin a more aggressive campaign. There is a text based listing of completed residential street and thoroughfare projects. An interactive project map has been provided that allows the viewers to slide the boxes and choose different years, since 1999, to see what residential street and thoroughfare projects were done with the one-eighth of one percent sales tax each year. The list of projects to the right of the map adjusts according to the year that is chosen. The information also shows the cost of the project and provides before and after photos for most of the various road projects. There is also a bar chart that compares the total sales tax for the City with other cities in Johnson County. A pie chart indicates where all the sales tax comes from for the City. They will have another pie chart that shows additional information about the sales tax for Overland Park and other cities in the metropolitan area. They will start posting a Question and Answer section tomorrow as well as providing articles in the August edition of the Overview City newsletter. Mr. Reilly noted that the link to this feature would be highlighted on the home page of the Overland Park Web site.

4 Page 4 Mayor Gerlach opened the public hearing on the consideration of the one-eighth of one percent sales tax. Ms. Tracy Osborne, president, Overland Park Chamber of Commerce, 9001 W. 110th Street, Overland Park, stated that as president of the Overland Park Chamber, she was speaking on behalf of their board of directors and their membership in support of placing on the ballot the renewal of the one-eighth of one percent sales tax for transportation for a period of ten years. The Chamber has been a supporter of the transportation tax from its inception in Good infrastructure is vital to Overland Park citizens and to their existing businesses as a means of safely transporting their people, goods and services. Additionally, transportation is a top concern for businesses that are considering Overland Park as a location for their business or expansion in this community. In the community scan that the Chamber foundation conducted last year, the ability to get around in the car was ranked by 94 percent of the respondents as one of the positive reasons people choose to live in the City. The quality of their transportation infrastructure impacts their public safety, commute times and their ability to quickly and efficiently deliver their goods and services. The priority that this community has placed on their infrastructure over the decades has allowed them to grow, bringing both jobs and rooftops to support the quality of life that places Overland Park as a top city in the nation. The Chamber vetted this sales tax renewal in their usual fashion. They studied the history of the tax and how the $70 million generated since 1999 has been used for thoroughfare improvements and residential street reconstruction. These dollars have been put to use throughout Overland Park, revitalizing established neighborhoods and expanding infrastructure in their growing areas. This investment is a high priority for their voters as verified by the community scan last year. Of their business respondents, 96 percent rated local roads and highways as being a top or high priority. Also, 92 percent of their voters who were reported in the scan, said that it was a top or high priority. The Governing Body and their City staff, as directed by the Governing Body, have used their dedicated tax dollars for only their intended purposes of transportation improvements. Their businesses and citizens rank their local transportation infrastructure as being a high priority for the quality of life and continued business growth. Given these factors, it was a logical conclusion that their government affairs committee would recommend to their executive committee and their board of directors the positive endorsement of the renewal of this tax. Their endorsement of a ten-year renewal of the sales tax was unanimous by their board of directors last week. Additionally, their board has approved the activation of their quality of life committee to advocate for passage of this tax with Overland Park voters if this is approved to be placed on the ballot. On behalf of the Overland Park Chamber s membership, Ms. Osborne thanked the Governing Body for their good stewardship of these tax dollars, because this is a dedicated tax. Their community scan noted that in Overland Park, 74 percent of their voters indicated that for the services they received, the taxes they pay in Overland Park are just right. Overland Park tied with the city of Lenexa in receiving the highest percentage of any other local governments surveyed in their scan. This validates the faith that their citizens have in the City s use of their tax dollars. Their need for transportation improvements is an ongoing one, and this tax will continue their economic growth and quality of life into the future for their citizens and their businesses. They urged the Governing Body to approve this election for the renewal of the one-eighth of one percent sales tax for the ten-year period.

5 Page 5 Mr. Rick Worrel, Lucille, Overland Park, said that he is president of Affinis Corporation, 7401 W. 129th Street, Overland Park, which is a civil engineering company. Mr. Worrel urged the Council to support the authorization of the special election to renew the one-eighth of one percent sales tax to fund the Neighborhood Street Reconstruction Program and the Thoroughfare Street Improvement Program. In 1993, Mr. Worrel and his wife chose to live in Overland Park because of the quality of public education and the commitment to the quality of roads and the ease of travel. Twenty years later, their decision has proven to be correct with three daughters plus three grandchildren traveling to and from soccer practices, games, piano lessons and school. The ease with which they travel through the City is often taken for granted, but it is much appreciated. The continued investment in a quality road system is the foundation of their quality of life. He did not think that he and his wife realized that when they made their initial decision to live here, but it is what keeps them here now. In 2001, Mr. Worrel moved his civil engineering company from Kansas City, Missouri, to Overland Park. He believed that their corporate headquarters should be close to their top client. Twelve years and two recessions later, this decision has also proved to be a sound choice. As a direct result of the one-eighth of one percent sales tax, dating back to 1998, Affinis has designed over 20 miles of residential street projects and over 14 miles of thoroughfare improvements. His coworkers enjoy designing roadway improvements, and they appreciate the short commute time. The one-eighth of one percent sales tax has been an economic catalyst for his company and for the local engineering and construction community. Short commutes and the ease of travel are selling points they use in recruiting new employees. He assumed that other companies find the Overland Park transportation system a valuable retention and recruiting advantage. As a resident, a business owner, and a taxpayer, Mr. Worrel appreciated the transparency shown with how the tax revenue has been and is used. Trustworthiness and integrity are crucial to him. He thanked the Governing Body for keeping their promises and for being good stewards of the taxpayer dollars. The oneeighth of one percent sales tax has benefited him as a resident and a business owner. He supported a ten-year renewal of this tax and he urged the Council to approve the special election. Since no one else wished to speak, the hearing was closed. Council President David White moved to adopt Ordinance No. STE-3001, which called for a special election to be held on October 8, Mrs. Terry Happer Scheier seconded the motion, which carried with a roll-call vote of 12 to 0. Council President White moved to adopt Resolution No. 4001, which pledged the intentions of the Governing Body with respect to the expenditure of revenues if the City is authorized by the electorate to levy a one-eighth of one percent (.125%) City retailers tax. The motion was seconded by Mrs. Happer Scheier, and carried with a vote if 12 to 0. MAYOR CARL R. GERLACH REAPPOINTMENT TO THE CITIZENS ADVISORY BOARD ON RACIAL PROFILING AND NON-BIASED POLICING: Michael Abrams Term to

6 Page 6 REAPPOINTMENTS TO THE CITIZENS ADVISORY COUNCIL ON PARKS AND RECREATION: Christopher Aikin Term to Duncan Leckie Term to Council President White moved to approve the referenced reappointment to the Citizens Advisory Board on Racial Profiling and Non-Biased Policing and the reappointments to the Citizens Advisory Council on Parks and Recreation as presented. The motion was seconded by Mr. Fred Spears and carried with a vote of 12 to 0. CITY MANAGER BILL EBEL CONSENT AGENDA: FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS: EXPENDITURE ORDINANCE NO. 6A Outlining the expenditures from the General Operating Fund for May 22 through June 4, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 6A Outlining the expenditures from the Capital Projects Fund for May 30 through June 5, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 6B Outlining the expenditures from the Capital Projects Fund for June 6 through June 12, PUBLIC SAFETY COMMITTEE ITEMS: REQUEST USE OF FORFEITURE FUNDS To produce the working collection of suggestions and ideas submitted by participants in the Defense of Our Schools Project in an amount not to exceed $5,000. ORDINANCE NO. APD-3006 Providing a late fee for alarm users that do not secure a permit within 30 days of notification, directing that no permit be issued until fees are paid, and authorizing the Chief of Police to impose a discretionary non-response order until fees are paid in full. ORDINANCE NO. POC-3007 Adopting Municipal Code provisions for the City as addressed by recent legislative changes regarding theft and criminal deprivation of property, computer trespass, and computer password disclosure. ORDINANCE NO. TC-1260,UUU Adopting Municipal Code provisions for the City as addressed by recent legislative changes regarding driving under the influence, motorcycle equipment, and proof of insurance.

7 Page 7 RESOLUTION NO Exempting Overland Park municipal buildings and facilities from the provisions of New Section 2 of 2013 Senate Substitute for House Bill No until January 1, COMMUNITY DEVELOPMENT COMMITTEE ITEMS: ACCEPTANCE OF ADDITIONAL SCULPTURES AT THE OVERLAND PARK ARBORETUM AND BOTANICAL GARDENS Located at 8909 W. 179th Street. INTERNATIONAL SCULPTURE GARDEN RELATIONSHIP STATEMENT. AGREEMENT Arts and Recreation Foundation of Overland Park, Inc., for the funding of City staff positions at the Deanna Rose Children s Farmstead, and Overland Park Arboretum and Botanical Gardens. RESOLUTION NO Enlargement of Consolidated Main Sewer District, vicinity of 135th Street and Richards Road. RESOLUTION NO Enlargement of Consolidated Main Sewer District, vicinity of 129th Street and Quivira. Mr. Dave Janson asked that Ordinance No. APD-3006 and Resolution No be removed from the agenda for further clarification of the items. Council President White moved to approve the Consent Agenda as presented with the exception of Ordinance No. APD-3006 and Resolution No. 4016, which were removed from the Consent Agenda. The motion was seconded by Mrs. Happer Scheier and carried with a roll-call vote of 12 to 0. Mr. Janson asked that Ordinance No. APD-3006 be removed from the Consent Agenda to clarify a correction of the information. He asked Senior Assistant City Attorney John Knoll to discuss the revisions. Mr. Knoll stated that this ordinance makes two changes. It extends from 15 days to 30 days the time in which to pay a late fee and a permit fee and it also makes a nonresponse order by the Chief of Police discretionary rather than mandatory if the fees are not paid within that time frame. They asked for a separate discussion to clarify those changes. Mr. Janson moved to approve Ordinance No. APD-3006 as recommended by staff. The motion was seconded by Mr. Stock and carried with a roll-call vote of 12 to 0. Mr. Janson added that he asked that Resolution No be removed from the Consent Agenda to add authority for the Mayor to send the Attorney General and Police Chief John Douglass a letter notifying them of the exemptions found in the resolution. This notification by letter is language in the state law. Mr. Janson moved to approve Resolution No and to authorize the Mayor, pursuant to state law, to notify by letter, Kansas Attorney General Derek Schmidt and Overland Park Police Chief John Douglass that the City buildings and facilities

8 Page 8 identified in Resolution No are exempted until January 1, 2014, from the provisions of New Section 2 of the 2013 Senate Substitute for House Bill No The motion was seconded by Mr. Stock and carried with a roll-call vote of 12 to 0. REGULAR AGENDA: PUBLIC WORKS COMMITTEE REPORT: Fred Spears, Chair STAFF REPORT: RESOLUTION NO AND AGREEMENT NO Kansas Department of Transportation (KDOT) for the construction of the Johnson County Gateway at I-435, between U.S. 69 and Pflumm. Mr. Brown indicated that staff was recommending approval of Resolution No and Agreement No with the Kansas Department of Transportation (KDOT) for the construction of the Johnson County Gateway at I-435, between U.S. 69 and Pflumm. Mr. Spears moved to approve Resolution No and Agreement No as recommended by staff. The motion was seconded by Mr. John Skubal and carried with a vote of 12 to 0. RESOLUTION NO AND AGREEMENT NO Kansas Department of Transportation (KDOT) for ITS Set-Aside funding for the State Fiscal Year 2014 project, Video Detection Data Integration. Mr. Brown added that staff was recommending approval of Resolution No and Agreement No with KDOT for ITS Set-Aside funding for the State Fiscal Year 2014 project, Video Detection Data Integration. Mr. Spears moved to approve Resolution No and Agreement No with KDOT as recommended by staff. The motion was seconded by Mr. Skubal and carried with a vote of 12 to 0. AGREEMENT NO Kansas Department of Transportation (KDOT) for preliminary engineering services for U.S. 69 Corridor Improvements, 119th Street north to I-435 in the City. (KDOT Project No K ). Mr. Brown indicated that staff was recommending approval of Agreement No with KDOT for preliminary engineering services for U.S. 69 Corridor Improvements, 119th Street north to I-435 in the City. AGREEMENT HNTB Corporation, for engineering/architectural services for the public improvement at 103rd Street and Connell in the amount of $145,615.

9 Page 9 Mr. Brown added that staff was recommending approval of the agreement with HNTB Corporation for engineering and architectural services for the public improvement of 103rd Street and Connell in the amount of $145,615. AGREEMENT Affinis Corp., for engineering/architectural services for the 92nd Place and Switzer Storm Sewer Improvements in the amount of $423,395. Mr. Brown indicated that staff was recommending approval of the agreement with Affinis Corporation for engineering and architectural services for the 92nd Place and Switzer Storm Sewer Improvements in the amount of $423,395. AGREEMENT Olsson Associates, for engineering/architectural services for the 2014 Storm Drainage Improvements Monitor Square project in the amount of $315,076. Mr. Brown noted that staff was recommending approval of the agreement with Olsson Associates for engineering and architectural services for the 2014 Storm Drainage Improvements Monitor Square project in the amount of $315,076. AGREEMENT City of Leawood for the public improvement of 119th Street, Roe to State Line, in the estimated amount of $15,000. Mr. Brown stated that staff was recommending approval of the agreement with the City of Leawood for the public improvement of 119th Street, Roe to State Line, in the estimated amount of $15,000. AGREEMENT City of Merriam, for the public improvement of 75th Street, Frontage Road to Antioch, in the estimated cost of $627,000, with County Assistance Road System (CARS) program funding up to $292,000 and the remaining cost to be split between Merriam and Overland Park. Mr. Brown indicated that staff was also recommending approval of the agreement with the City of Merriam for the public improvement of 75th Street, Frontage Road to Antioch, in the estimated cost of $627,000, with County Assistance Road System (CARS) program funding up to $292,000 and the remaining cost to be split between Merriam and Overland Park. Mr. Skubal asked that the agreement with HNTB be voted on separately because his employer is working on the project at 103rd Street and Connell, and he would like to abstain from voting on this item. City Attorney Mike Santos pointed out that there are several millions of dollars worth of contracts represented with the agreements. By the Council rules, the motions are limited to one subject. Technically, they should have a motion on each subject, especially considering the amount of money that is involved, unless they want to waive the rules. Mr. Terry Goodman moved to waive the rules. The motion was seconded by Mr. White and carried with a vote of 12 to 0.

10 Page 10 Mr. Spears moved to approve the referenced agreements as recommended by staff with the exception of the agreement with HNTB Corporation, which was to be considered separately. The motion was seconded by Mr. Spears and carried with a vote of 12 to 0. Mr. Spears moved to approve the Agreement with HNTB Corporation as recommended by staff. The motion was seconded by Mr. Paul Lyons and carried with a vote of 11 to 0 to 1 with Mr. Skubal abstaining. FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT: Terry Goodman, Chair STAFF REPORT: PUBLIC SAFETY COMMITTEE REPORT: Dave Janson, Chair STAFF REPORT: COMMUNITY DEVELOPMENT COMMITTEE REPORT: Terry Happer Scheier, Chair STAFF REPORT: REQUEST TO ALLOW THE SALE OF CEREAL MALT BEVERAGE AT THE OVERLAND PARK SOCCER COMPLEX IN CONJUNCTION WITH SPECIAL EVENT PERMIT NO City of Overland Park, for a one-day event to be held at the Overland Park Soccer Complex, Switzer, from 12 p.m. (noon) until 10 p.m., on June 29, (The previously approved Special Event Permit did not include a request for the sale of cereal malt beverage). Beer sales would be from 3 p.m. to 7 p.m. only. Director of Recreation Services Tony Cosby stated that they are hosting an adult soccer tournament from June 26 through June 30 for the U.S. Adult Soccer Association. They are proposing to experiment with the sale of beer during this tournament. He estimated that there would be no more than about 60 teams during this tournament. They will be using field Nos. 1 through 9 for the tournament, so they will be on only one side of the complex. The sale and consumption of beer will be confined to the area under the large awning between the field house building and the bleachers adjacent to field one. During the time that beer is sold and is being

11 Page 11 consumed, only one gate to exit the complex will be open and it will be monitored by staff to ensure that no alcoholic beverages leave the premises. He indicated in the memorandum in Staff Comments that no children would be present in the complex. He found out that was in error. On the east side of the complex in field Nos. 10, 11 and 12, there will be an Olympic development program that will end at 3:30 p.m., so there will be a slight overlap. The sale of beer will be on the opposite side of the complex in a totally isolated area from 3 p.m. to 7 p.m. Staff was proposing to do this as a test. They think that in the future the sale of beer will offer an opportunity to attract some other adult tournaments if this feature is an option. They wanted to experiment with a small tournament at this time. Their concession manager will be present all the time and the Soccer Complex Operations Manager Michael Laplante, has indicated that he will be present throughout the entire time of the beer sales. Their storage facilities are secure in that they have separate walk-in coolers that are lockable, and they can secure the alcoholic beverages. Mr. Spears asked who will be selling the beer. Mr. Cosby replied that the beer will be sold by City staff members who are trained by their concessions manager, who has experience in this type of sales. Mr. Spears asked if there will be wrist bands to identify underage people in that area. Mr. Cosby replied that they will be checking the identification of everyone who is not obviously of age. Also, no one person can buy more than two bottles of beer at a time. They will be plastic bottles. Because of the experience of their soccer complex manager and the concessions manager in this type of sales, they will be observing the sales to make sure that they are complying with the standard rules. The 16 ounce plastic bottles will be sold for about $3 per bottle. Mr. Lyons asked if this is the first time that City staff has sold alcoholic beverages, or is it just the first time alcohol has been sold at the soccer complex. Mr. Cosby replied that for City staff, it is the first time they have sold alcohol. They have alcoholic beverages at the golf courses, but those people are not technically City staff. They are other employees. They are purchasing the beer through the golf courses. Any excess will be sold back to them. Mr. Lyons asked if the City would be liable if someone gets intoxicated and there is a car accident. Mr. Cosby replied that if they are negligent in serving people who are obviously intoxicated, or drinking large amounts, that could become an issue. They are dealing with people who will have finished playing for the day, and there are still a few games going on. Also, all of those people will be playing the next day, and this is a regional tournament for qualifiers to go on to the nationals. Although they will be watching their customers, he assumed that the soccer players would not be consuming large amounts of alcohol, because they have to perform at a high level to reach the national tournament. Mr. John H. Thompson noted that Mr. Cosby indicated that this is a trial run for the program in the soccer complex. He asked if the sale of beer is considered to be a success, will alcohol be a regular option at the soccer complex. Mr. Cosby replied that they would view it only as an option for special tournaments. They would use the sale of cereal malt beverage as a tool when they make proposals to organizations to host their tournaments. For this type of tournament, they make a presentation and a proposal of the options that are available. They would offer the sale of beer as an option for adult-only tournaments. It would not be there all the time. It would be there for special activities should the promoter choose to take advantage of that option.

12 Page 12 Mr. Thompson recalled that a number of years ago when he was previously on the Council, the Council was asked to consider whether alcohol should be available for another sports event. He asked what has been the City's experience with the sale of alcohol, other than at the golf courses, and if there were incidents that would warrant caution or concern. Mr. Cosby replied that as far as other City activities outside of the golf course, he was not aware of anything they have done like this. At the golf course, the company that they have hired to manage the club house is in charge of the sale of alcohol. They are not aware of any issues that have arisen at the golf courses over the years. The people at the soccer complex are competing to go to a national tournament, so they do not think that there will be a large amount of consumption by any individual because of the level at which they are required to perform. Council President White asked if there has been any coordination with the Police Department to have a presence there as a deterrent. Mr. Cosby replied that they have not talked with the Police Department about this specific proposal, but that could be a possibility. The Police Chief and the Police Department have made it a priority to have a presence at the Farmstead and the soccer complex. There is usually an officer in the parking lot or close to the area. Mrs. Happer Scheier noted that the agenda indicates that the hours for the special event permit are to be noon to 10 p.m. She asked if the hours should be as indicated in Staff Comments, which would be 3 p.m. to 7 p.m. Mr. Cosby replied that the sale of alcohol would be on June 29, from 3 p.m. to 7 p.m. Mrs. Happer Scheier moved to approve the request to allow the sale of cereal malt beverage at the Overland Park Soccer Complex in conjunction with Special Event Permit No from 3 p.m. to 7 p.m., on June 29, The motion was seconded by Mr. Lyons. Mr. Goodman suggested that they post a sign to indicate that they check IDs and also post a date of birth indicating that anyone who purchases cereal malt beverages would have to have to be older than the age with the referenced date of birth. The motion carried with a vote of 12 to 0. RECOMMENDATION FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA: SPECIAL EVENT PERMIT NO Indian Creek Parkway. A special event permit is requested to allow the annual 4th of July fireworks and concert in Corporate Woods. Application made by the Overland Park Rotary Club, represented by Andy Heath. Council President White moved to approve the Planning Commission Consent Agenda as published. The motion was seconded by Mr. Lyons and carried with a roll-call vote of 12 to 0. OLD BUSINESS:

13 Page 13 NEW BUSINESS: MID-AMERICA REGIONAL COUNCIL REPORT ADJOURNMENT: At 8:25 p.m., Mr. White moved to adjourn the meeting. After a second by Mr. Skubal, the motion carried with a unanimous vote. Minutes transcribed by Pamela Blaszyk. ATTEST: Carl Gerlach, Mayor Marian Cook, City Clerk