Regular Meeting THE LEAWOOD CITY COUNCIL October 6, 2008 Minutes DVD No. 199 The City Council of the City of Leawood, Kansas, met in regular session in the Council Chambers, 4800 Town Center Drive, at 7:30 P.M., on Monday, October 6, 2008. Mayor Peggy Dunn presided. Councilmembers present: Gregory Peppes, Jim Rawlings, Julie Cain, James Azeltine, Mike Gill, Debra Filla, and Lou Rasmussen. Mayor/Councilmembers absent: Gary Bussing. Staff present: Scott Lambers, City Administrator Patty Bennett, City Attorney Chief John Meier, Police Department Mark Klein, Asst. to the Planning Dir. Chief Ben Florance, Fire Department Jeff Joseph, Senior Planner Richard Coleman, Comm. Dev. Director Chris Claxton, P&R Director Karl Weinfurter, Info. Systems Specialist Pete Spratlin, Ironhorse Golf Superintendent Joe Johnson, Public Works Director Deb Mansfield, City Clerk Kathy Rogers, Finance Director Pam Gregory, Deputy City Clerk 1. PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA Mayor Dunn referred to the Amended Agenda and noted the following modifications: * Item Nos. 12B through 12G and Item Nos. 12K and 12L were continued to October 20, 2008. * Item Nos. 12I and 12J were remanded to the Planning Commission. A motion to approve the Amended Agenda was made by Councilmember Rasmussen; seconded by Councilmember Rawlings. The motion carried following a unanimous vote of 7-0. (Councilmember Bussing absent). 3. CITIZEN COMMENTS Members of the public are welcome to use this time to make comments about City matters that do not appear on the agenda, or about items that will be considered as part of the consent agenda. It is not appropriate to comment on pending litigation, municipal court matters or personnel issues. Comments about items that appear on the action agenda will be taken as each item is considered. CITIZENS ARE REQUESTED TO KEEP THEIR COMMENTS UNDER 5 MINUTES. 4. PROCLAMATIONS Double Tenth Day, October 10, 2008 Council Minutes October 6, 2008 DVD No. 199 Mayor Dunn extended congratulations and best wishes to the Republic of China on Taiwan during this celebration. Fire Prevention Week, October 5-11, 2008 Mayor Dunn read and presented the proclamation to Fire Chief Ben Florance. Portland Cement Association's Sustainability Leadership Award for the pervious concrete parking lot at I-Lan Park Several individuals introduced themselves, followed by the Mayor reading the proclamation into the record. Some individuals made comments and extended appreciation to the City’s decision and presented the Mayor with the award. 5. PRESENTATIONS/RECOGNITIONS 6. SPECIAL BUSINESS A. Presentation of 2008 Comprehensive Plan and Map – CONTINUED TO THE OCTOBER 20, 2008, GOVERNING BODY MEETING B. Resolution approving the Planning Commission's recommendation to adopt the 2008 Leawood Comprehensive Plan and map, in accordance with K.S.A. § 12-7- 47 [From the August 12, 2008 Planning Commission meeting]- CONTINUED TO THE OCTOBER 20, 2008, GOVERNING BODY MEETING C. Acceptance of replacement letter of Letter of Credit COR Development, LLC, in the amount of $683,114.00 issued by UMB. [Materials have been previously distributed to the City Council] City Attorney Patty Bennett confirmed that the updated amount was $683,114.00 and had changed to five years of assessments. Mayor Dunn recused herself on the matter of the letter of credit due to a conflict of interest. Councilmember Gill presided in her absence as Presiding Officer. A motion to approve the replacement letter of credit was made by Councilmember Rasmussen; seconded by Councilmember Azeltine. The motion carried following a unanimous vote of 7-0. (Councilmember Bussing absent). Mayor Dunn rejoined the meeting at 7:50 P.M. Bob Adams, Manager of COR Development, stated the loan packaged by M & I Bank was sold last week. They had requested, approximately six weeks earlier, that the steel be removed from the site, since this is part of their collateral; therefore, they needed to obtain consent. E:\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PQ8Y66ZO\10062008.doc 2 Council Minutes October 6, 2008 DVD No. 199 Mr. Adams spoke with the new owner of the loan and he noted they had bought this as part of a package of several hundred million dollars of loans and indicated they would assign someone this week as a portfolio manager for their loan. Mayor Dunn asked if he could give Council a more definitive report at the Council meeting on October 20, 2008. Mr. Adams stated it was possible; however he didn’t anticipate an answer that quickly. The managers had already given approval of the action; they only needed to have lender consent. Councilmember Rasmussen asked if there was anything the City could do to help convince them to remove the steel. Mr. Adams suggested waiting for their initial response. If there is reluctance, he suggested involving them in a discussion with the City Administrator’s office. Councilmember Filla asked what the plan would be if given permission immediately and how long it would take. Mr. Adams stated the companies involved in the de-erection of steel do this on a salvage basis. They move quickly due to their revenue being based on spot market prices. They would request the necessary permits to allow them to move forward right away. Mr. Adams hadn’t seen the ordinance; however, assumed it would require permits and bonds in order to complete this type of project within the City. Ms. Filla asked if this work could be done in parallel while waiting for sign-off from the portfolio manager. Mr. Adams noted they needed to acquire consent from the lender before asking the contractor to engage their time and resources. Councilmember Azeltine indicated he had received calls/comments on this frequently and noted anything Mr. Adams could do to speed the process would be appreciated. Mr. Adams thanked the Council for their approval of the letter of credit. 7. CONSENT AGENDA Consent agenda items have been studied by the Governing Body and determined to be routine enough to be acted on in a single motion. If a Councilmember requests a separate discussion on an item, it can be removed from the consent agenda for further consideration. A. Accept Appropriation Ordinance Nos. 111B, 1112A, and 1112B B. Accept Minutes of the September 15, 2008 Governing Body meeting C. Accept Minutes of the September 8, 2008 Governing Body meeting D. Accept Minutes of the September 4, 2008 Audit Services Selection Task Force Committee meeting E. Accept Minutes of the August 28, 2008 Green Initiative Citizen Task Force Committee F. Accept Minutes of the June 13, 2008 Stormwater Management Committee meeting G. Accept Minutes of the August 19, 2008 Public Works Committee meeting H. Accept Minutes of the March 11, 2008 Leawood Historic Commission meeting I. Accept Minutes of the May 13, 2008 Leawood Historic Commission meeting E:\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PQ8Y66ZO\10062008.doc 3 Council Minutes October 6, 2008 DVD No. 199 J. Accept Minutes of the July 8, 2008 Leawood Historic Commission meeting K. Accept Minutes of the July 21, 2008 Arts Council meeting L. Accept Minutes of the July 8, 2008 Parks and Recreation Advisory Board meeting M. Approve Mayoral Appointment of Tom Robinett to Board of Zoning Appeals N. Approve Massage Establishment License for Tom Dusterhoft at 4800 W. 135th Street [Massage Heights] O. Approve 5th and Final Pay Estimate in the amount of $28,367.00 to Barge-Turley Construction Company, Inc., pertaining to the 8745 High Drive and Storm Sewer Maintenance Curb Inlet Repair Project P. Resolution No. 3112 approving and authorizing the Mayor to execute a Professional Service Agreement between the City and Rubin Brown, LLP, pertaining to audit services Q. Resolution No. 3113 approving and authorizing the Mayor to execute a Letter of Engagement Agreement for an amount not to exceed $31,000, between the City and Rubin Brown, LLP, pertaining to the 2008 audit R. Accept Progress Report No. 1 pertaining to the Aggressive Maintenance Plan at Ironhorse Golf Course Mayor Dunn requested to pull Item Nos. 7P and 7R for discussion. A motion was made by Councilmember Peppes; seconded by Councilmember Gill to approve the remainder of the Consent Agenda. The motion carried following a unanimous vote of 7-0. (Councilmember Bussing absent). P. Resolution No. 3112 approving and authorizing the Mayor to execute a Professional Service Agreement between the City and Rubin Brown, LLP, pertaining to audit services Mayor Dunn recognized the Audit Services Selection Task Force Committee, coordinated by Finance Director Kathy Rogers, along with other members: City Administrator Scott Lambers, Accounting Manager Dawn Long, Information Systems Director Mark Andrasik, and Human Resources Director Lovina Freeman. Also serving on the committee were the following citizen volunteers: Jim Morris, David Schwarz, and Katherine Markes. Mayor Dunn thanked them all for their service. A motion to approve Item No. 7P was made by Councilmember Azeltine; seconded by Councilmember Gill. The motion carried following a unanimous vote of 7-0. (Councilmember Bussing absent). R. Accept Progress Report No. 1 pertaining to the Aggressive Maintenance Plan at Ironhorse Golf Course Mayor Dunn confirmed with Ironhorse Superintendent Pete Spratlin that Council would receive monthly reports on the progress at the golf course and asked if he had received any positive feedback from clientele. Mr. Spratlin noted he had received good feedback from weekend play and Triple Crown members that have played in the last few weeks. E:\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PQ8Y66ZO\10062008.doc 4 Council Minutes October 6, 2008 DVD No. 199 Ms. Filla noted many people thought they had done astounding things. Mr. Spratlin noted were a few things he would like to see improve; however, ergonomically the course has been outstanding and the weather had been a blessing.