OVERLAND PARK CITY COUNCIL MEETING

January 9, 2006

Council President George Kandt called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum:

Mr. Terry Goodman; Mr. Jim Hix; Ms. Marcia A. Gilliland; Mrs. Terry Happer Scheier; Mr. Fred Spears; Mr. Dave Janson; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. David White. Mr. John H. Thompson and Mayor Carol R. Gerlach were absent. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Roger Peterson, Director of Planning and Development Services; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. Doug Brown, Director of Public Works; Mr. Mike Santos, Senior Assistant City Attorney; Mr. John Douglass, Police Chief; Mr. Bryan Dehner, Fire Chief; Mrs. Vicki Irey, Director of Information Technology; Mr. Matthew Jordan, Assistant City Manager; Mr. Bob Lindeblad, Manager of Current Planning; Mr. Dan Miller, Supervisory Civil Engineer; Mr. Mark Stuecheli, Senior Traffic Engineer; and Mrs. Kathleen Imair, Recording Secretary. The Council Chamber was filled to capacity.

_____________________________________________________________________________________ PLEDGE OF ALLEGIANCE Council President George Kandt led the audience in the Pledge of Allegiance. MAYOR CARL R. GERLACH Council President Kandt recognized Boy Scout Troop No. 122, Grace Covenant Presbyterian Church. NEW APPOINTMENTS TO THE CIVIL SERVICE COMMISSION: Brad Stratton – Term 1/6/06 to 1/6/09 Nikki L. Copp – Term 1/6/06 to 1/6/09 Council President Kandt presented two new appointments to the Civil Service Commission, Mr. Brad Stratton and Ms. Nikki L. Copp. Mr. Terry Goodman moved to approve the new appointments, Mr. Brad Stratton and Ms. Nikki L. Copp, to the Civil Service Commission both for a term beginning January 6, 2006, to January 6, 2009. Mr. Jim Hix seconded the motion, which carried by a vote of 11 to 0. CITY MANAGER JOHN M. NACHBAR City Manager John M. Nachbar announced that the future Council meetings will be held at the Convention Center until further notice due to the remodeling of the Council Chamber.

Overland Park City Council Meeting January 9, 2006 Page 2 CONSENT AGENDA COMMUNITY DEVELOPMENT COMMITTEE ITEMS

WAIVE CONSULTANT SELECTION PROCESS AND AUTHORIZATION FOR THE SELECTION OF ARCHITECT SERVICES - For the construction of public restrooms for the Farmers Market in Downtown Overland Park and authorizing the use of contingency funds in an amount not to exceed $150,000. AUTHORIZATION TO NEGOTIATE CONTRACT – Gary Kahle, to create the sculpture, “A Great Place to Land” at the roundabout located at Santa Fe Drive and Conser Street, in the amount of $100,000. RESOLUTION NO. 3496 – Establishing that the City golf courses shall be made available, free of charge, for three golf events in 2006. RESOLUTION NO. 3501 – Creation of Contract Sewer District in the vicinity of the northwest corner of 159th Street and Antioch. RESOLUTION NO. 3502 – Sewer District Enlargement in the vicinity of the northeast corner of 175th Street and Pflumm. RESOLUTION NO. 3503 – Sewer District Enlargement located on the north side of 159th Street between Antioch and Switzer. RESOLUTION NO. 3504 – Sewer District Enlargement in the vicinity of the southeast corner of 146th Street and Bluejacket.

PUBLIC SAFETY STAFF ITEMS

APPLICATION FOR NEW MASSAGE THERAPY AND IN-OFFICE MASSAGE THERAPY LICENSE – Prana Therapeutic Massage, 7070 W. 107th Street, Ashley N. Diskin, applicant. APPLICATION FOR RENEWAL OF MASSAGE THERAPY AND IN-OFFICE MASSAGE THERAPY LICENSE – Lionsgate Chiropractic Center for Wellness, 14201 Metcalf, Thomas E. Forbach, D.C., applicant. APPLICATIONS FOR RENEWAL OF MASSAGE THERAPY LICENSES: All About Hair, 7325 W. 97th Street, Audra Trites, applicant

Beauty Brands Salon Spa Superstore, 7501 W. 119th Street, Katherine Brosseall, applicant. Body Art, T.M., 10203 Metcalf, Mark D. Ferguson, applicant.

Overland Park City Council Meeting January 9, 2006 Page 3

Personal Best Pilates Studio, 6600 College Boulevard, Carrie J. Cohn, applicant. The Crosstraining Club, 11818 Quivira Road, Kenneth D. Henson, applicant. Victoria M. Neal, L.M.T., 11791 W. 112th Street, Victoria Neal, applicant.

PUBLIC WORKS COMMITTEE ITEMS

REQUEST WAIVER OF POLICY PROVISIONS – To authorize a preliminary storm water engineering study for the area bounded by 71st Street to 74th Street, Reeds to Maple. DESIGN AND CONSTRUCTION OF TRAFFIC SIGNALS – Metcalf and 121st Street; Metcalf and 137th Street; Metcalf and 138th Street; Metcalf and 147th Street; and Quivira and 125th Street.

FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS

2006 TRANSIENT GUEST TAX OPERATING FUND – Amend Convention and Visitor’s Bureau funding in the amount of $45,000 to supplement the cost to convert an existing position to a Director of Sales position. ORDINANCE NO. GF-2583 – Pertaining to the use of the public rights of way for the purpose of transportation, distribution and sale of natural gas and establishing a natural gas service code. ORDINANCE NO. GF-2584 – Granting to Kansas Gas Service, a division of Oneok, Inc., its grantees, successors and assigns, a renewal franchise to construct and maintain all works and plans necessary or proper for supplying consumers with natural gas. WAIVE POLICY PROVISION AND AUTHORIZATION TO ACCEPT BIDS AND/OR QUOTES – Conrad Fire for the purchase of equipment for the Overland Park Fire Department to include a MSA 5200 Imaging Cameral; an Extrication Tool; and a Fire Pumper Truck.

STAFF ITEMS COUNCIL MINUTES – October 17, 2005.

CONFIRMATION OF INVESTMENTS – U.S. Agency Securities in the amount of $7,909,425.04. EXPENDITURE ORDINANCE NO. 12B – Outlining the expenditures from the General Operating Fund for December 1 through December 14, 2005.

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EXPENDITURE ORDINANCE NO. 1A – Outlining the expenditures from the General Operating Fund for December 15 through December 28, 2005. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 12D – Outlining the expenditures from the Capital Projects funds for December 22 through December 28, 2005. CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 1A – Outlining the expenditures from the Capital Projects funds for December 29, 2005, through January 4, 2006. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE – Arcadian, Inc., d/b/a Arcadian, 8447 W. 95th Street, Diane Crouse, manager APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES:

Bacchanalia, L.L.C., d/b/a Bacchanalia, 12450 Newton, Eric Parrinello, manager. Chili’s of Kansas, Inc., d/b/a On the Border Mexican Café, 11855 W. 95th Street, Martin W. Rhodes, manager. Dos Reales, Inc., d/b/a Dos Reales Authentic Mexican Restaurant, 8841 W. 75th Street, Osvald M. Torressantana, manager. Metcalf 133, L.L.C., d/b/a Pepper Jax Grill, 13386 Metcalf, Chris Tedrow, new manager. MMD, Inc., d/b/a Maloney’s Sports Bar and Grill, 7201 W. 79th Street, John M. Miller, manager. Nakamoto, Inc., d/b/a Hikari Japanese Restaurant, 9058 Metcalf, Tracy Hung, manager. P.J. Lau, L.L.C. d/b/a Salsas Mexican Grill, 11240 W. 135th Street, Jacklin Leong, manager. Sam Wilson’s Kansas, Inc., d/b/a Houlihan’s, 11600 W. 95th Street, James Bramble, manager. T.B. and G., Inc., of Kansas, d/b/a Tanner’s Bar and Grill, 10146 W. 119th Street, Mark J. Brentano, manager. Thai Treasure, Inc., d/b/a Thai Treasure, 7948 W. 151st Street, Estrellita Pecana, manager. Tong, L.L.C., d/b/a Fortune Wok, 14537 Metcalf Avenue, Shu Lin, manager. Ty’s International, Inc., d/b/a Sushi Gin, 9559 Nall, John E. Symmonds, manager.

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APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE AND CATERERS LICENSE – PB and J Restaurants, Inc., d/b/a Yia-Yia’s, 4701 W. 119th Street, William S. Crooks, manager. APPLICATION FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSE – Costco Wholesale Corporation, d/b/a Costco Wholesale #369, 12221 Blue Valley Parkway, Bruce A. Miles, manager.

Council President Kandt presented the Consent Agenda and asked if there were any items the Council wanted to be considered for separate discussion. Mr. Hix requested that Ordinance No. GF-2583 and Ordinance No. GF-2584 be removed for separate discussion and consideration. Mr. Goodman moved to approve the Consent Agenda as presented excluding Ordinance No. GF-2583 and Ordinance No. GF-2584. Ms. Marcia Gilliland seconded the motion, which carried by a roll-call vote of 11 to 0. Mr. Hix stated that Ordinance No. GF-2583 and Ordinance No. GF-2584 are related. He noted that Senior Assistant City Attorney Mike Santos had identified some changes in the wording of those two ordinances that he will share with the Council before they vote on them. Mr. Santos explained that the Finance, Administration and Economic Development (FAED) Committee approved Ordinance No. GF-2583, a natural gas service code, at its last meeting. After a final review of the ordinance, staff needed to make some minor changes in the definition of the word “entity,” as well as for the word “right-of-way.” He referred to Ordinance No. GF-2584 stating there was only one minor change in the definition of “right-of-way.” He requested that both ordinances be approved with the suggested changes. Mr. Hix moved to approve Ordinance No. GF-2583 and Ordinance No. GF-2584 as presented with the proposed changes. Mr. Fred Spears seconded the motion, which carried by a roll-call vote of 11 to 0. REGULAR AGENDA COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair No report. STAFF REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Terry Happer Scheier, Chair No report.

Overland Park City Council Meeting January 9, 2006 Page 6 STAFF REPORT BID TABULATION – Amkus Extrication Tool. Fire Chief Bryan Dehner presented a bid tabulation for the replacement of extrication equipment, which is termed “the Jaws of Life.” This equipment will replace existing equipment. He requested that the bid be awarded to Conrad Fire Equipment in the amount of $17,275.63. The extrication tool will be purchased through the amount funded for replacement equipment from the operating budget. Mr. Spears asked why there was only one bid made on the equipment. Chief Dehner was not sure why the outside dealers did not bid on the equipment. Staff specifically requested permission to allow a bid from the local Amkus dealer, because the Fire Department has Amkus equipment on all its fire apparatus. They wanted to bid Amkus equipment to be comparable with the existing equipment. Conrad Equipment is the local dealer. Staff offered the bid out to other dealers across the country; however, those dealers did not submit a bid for that equipment. Mrs. Terry Happer Scheier moved to approve the bid tabulation for an Amkus extrication tool as presented by staff. Ms. Gilliland seconded the motion, which carried by a vote of 11 to 0. PUBLIC WORKS COMMITTEE REPORT Marcia A. Gilliland, Chair No report. STAFF REPORT BID TABULATION – 2006 Residential Microsurfacing Program. Public Works Director Doug Brown presented a bid tabulation for the 2006 Residential Microsurfacing Program. He noted that staff received good bids, which were about 20 percent lower than what they anticipated. He recommended awarding the bid for the 2006 Residential Microsurfacing Program to the low bidder, Vance Brothers, Inc., in the amount of $1,106,121.44. Mr. Dave White asked if staff had prior experience with Vance Brothers, Inc. Mr. Brown indicated that staff had used Vance Brothers on various programs over the last nine years, and they have a good reputation. They have previously performed microsurfacing on thoroughfares for the City in the past. Mr. Goodman moved to approve the bid tabulation with Vance Brothers, Inc., in the amount of $1,106,121.44, for the 2006 Residential Microsurfacing Program. Ms. Gilliland seconded the motion, which carried by a vote of 11 to 0. BID TABULATION – RCB Floor Overlays. Mr. Brown presented a bid tabulation for RCB floor overlays and recommended awarding this project to the low bidder, Pyramid Excavation and Construction, in the amount of $179,680.

Overland Park City Council Meeting January 9, 2006 Page 7 Mr. Hix moved to approve the award of the bid tabulation for RCB floor overlays to Pyramid Excavation and Construction Company in the amount of $179,680. Mr. Dave Janson seconded the motion, which carried by a vote of 11 to 0.

AGREEMENT – City of Merriam for the public improvement of 60th Terrace from Robinson to Hardy and Hardy from Johnson Drive to 61st Street (Hardy Street and Drainage Improvements).

Mr. Brown presented an agreement with the City of Merriam for the public improvement of 60th Terrace from Robinson to Hardy and Hardy from Johnson Drive to 61st Street, which is part of the Hardy Street and Drainage Improvement project. Mrs. Happer Scheier moved to approve the agreement with the City of Merriam as presented by staff. Mr. Janson seconded the motion, which carried by a vote of 11 to 0.

SUPPLEMENTAL AGREEMENT NO. 2 – Bucher, Willis and Ratliff Corporation for additional design work on the 133rd Street and Lamar Avenue Roundabout.

Mr. Brown presented Supplemental Agreement No. 2 with Bucher, Willis and Ratliff Corporation for additional design work on the 133rd Street and the Lamar Avenue roundabout for an amount of $7,000. Mr. Hix moved to approve Supplemental Agreement No. 2 with Bucher, Willis and Ratliff Corporation as presented by staff. Mrs. Donna Owens seconded the motion, which carried by a vote of 11 to 0.

CHANGE ORDER NO. 1 – McCownGordan Construction, L.L.C., for additional work at the Overland Park Community Center – Phase 1 in an additional amount of $143,557.16.

Mr. Brown presented Change Order No. 1 with McCownGordon Construction, L.L.C., which is for additional work at the Overland Park Community Center – Phase 1 for an additional amount of $143,557.16. Mr. Daniel Stock asked if the project was $143,557.16 over the expected budget. Mr. Brown stated that the majority of this change order can be reimbursed through Johnson County Wastewater. Staff will conduct the design and construction of the wastewater improvements, and the County will reimburse the City $134,732.16. The remaining $8,825 will be used to replat the property as two plats rather than 16 to make it a better project in terms of its layout. Mr. Goodman moved to approve Change Order No. 1 with McCowanGordon Construction, L.L.C., as presented by staff. Mrs. Happer Scheier seconded the motion, which carried by a vote of 11 to 0.

Overland Park City Council Meeting January 9, 2006 Page 8 FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Jim Hix, Chair

ORDINANCE NO. COE-2596 – Establishing exceptions to permit former employees to participate in the competitive bidding process for City goods and services where the price or rate is fixed by law.

Mr. Hix presented Ordinance No. COE-2596, which establishes exceptions to the general prohibition against former employees selling supplies and services to the City for one year following the date of their termination of employment with the City. He stated that the Finance, Administration and Economic Development (FAED) Committee recommended approval of this ordinance by a vote of 5 to 1. Exceptions outlined in the ordinance will permit former employees to participate in a competitive bidding process for City goods and services where the price or rate is fixed by law. Mr. Hix noted that the City had an ordinance prohibiting former employees of the City from doing business with the City for one year following their termination. A situation had occurred when the City’s Fire Chief left his employment for a company that supplied goods and services to the City in the past. The Committee realized that in the case where a competitive bid is being used, there was no apparent advantage to a former employee and that competitive bids require a public invitation. All bids are submitted in a confidential manner to the City Clerk and are opened publicly. After that process takes place, the Council has to approve the bid before it can become effective. It was felt this bidding process provided an adequate protection against the appearance that a former employee might be taking advantage of some kind of inside information or special relationships. He felt having this ordinance in place will put the City in a better position to buy the most cost effective good or service submitted on the taxpayer’s behalf. Mr. Hix moved to approve Ordinance No. COE-2596 as outlined. Mr. Goodman seconded the motion. Mrs. Owens stated that she was the opposing vote on this item at the FAED Committee meeting. She noted that in talking with staff about this item, they could not recall any time they had a situation occur where they needed to use this ordinance. She felt an unusual situation had occurred with the Fire Chief, which worked out well, because it was in the best interest of the City economically to do business with that company. She opposed the proposed ordinance, because she did not feel there was anything wrong with the current ordinance in place. She did not feel one occurrence would justify changing the ordinance. She felt if they lock themselves into the proposed ordinance, it would compromise the next similar request, which she felt would not be a favorable situation. Mr. White asked how much time remained for the prohibition period of the Fire Chief. Chief Dehner stated that the prohibition time for the Fire Chief expires on June 1, 2006. Mr. Hix pointed out that the intention of the ordinance was not entirely directed at the Fire Chief’s situation. Mr. White asked if a disclosure that a company is associated with a former employee would be used. Mr. Hix explained that an open bidding process would not require disclosure, because everything regarding the product or service, as well as the pricing would be disclosed in the bidding process. Mr. White stated that his only concern would be the issue regarding inside information

Overland Park City Council Meeting January 9, 2006 Page 9 the former employee might have, because he felt the inside influence would raise a concern among the public in the competitive bidding process since that information can be very valuable. He felt the appropriate safeguards were in place, but he preferred that notice be presented that would disclose if a bidding contractor had an employee whose termination of employment was within the one-year time period. With regard to the ordinance, Ms. Gilliland asked how the current situation related to establishing exceptions for former employees and the non-compete clause. Mr. Santos explained that the current ordinance was not comparable to a non-compete clause since it has been in place for many years as the law of the City that there would be limitations on the ability of former City employees to contract with the City. Ms. Gilliland asked when and why Ordinance No. COE-2596 was established. Mr. Santos stated that ordinance was designed to establish a mechanism to avoid the appearance of impropriety, which also tracks the state statute. The ordinance had been in place since 1992. Mr. Hix agreed with Mr. White’s comment about suggesting that the bid information include the fact that there was a former employee employed by a company submitting a bid. He felt an amendment to the ordinance to include that information should be made. In an effort to provide full public disclosure, Mr. White suggested amending the ordinance to say when a bidder is a former employee, who is within the one-year prohibition time period from termination of employment, that that information be disclosed during the bid process. Mr. Goodman asked if any bid process that takes place with the City, as far as bid specificiations are concerned, would include a disclosure. Mr. Santos stated that when the Public Safety Committee reviewed the opportunity for current employees to participate in the bidding process a couple of years ago, they specifically asked for that language to be added to the ordinance. That language would require the current employee to inform the Council that they are a current employee of a bidding company, and that language would parallel the existing language for current employees. Mr. Goodman asked if the intent of the amendment was to have a requirement that a company disclose that their employee was a former City employee, which would only apply during the first year of that employee’s post employment. Mr. White stated the intent of his amendment is that the disclosure would only apply during the waiver period that is addressed by the ordinance. Mr. Goodman, seconder to the motion, agreed with the proposed amendment. Mr. Spears asked about Mr. Santos’ comments when he stated the current ordinance parallels the state statute. Mr. Santos stated that he was only providing the background of the original ordinance. Mr. Spears asked if the current state statute included the one-year provision. Mr. Santos agreed and felt the one-year provision was not unique to the City’s ordinance, which was intended to avoid the appearance of impropriety during that one-year period of time.

Overland Park City Council Meeting January 9, 2006 Page 10 Mr. Santos referred to some questions that were raised about the ethics issue and noted that he reviewed the minutes regarding this matter. There was discussion on this specific issue in July of 1990, in which there was a concern regarding a restriction on former employees selling to the City. The ordinance at that time would prevent a former employee from selling goods and services to the City for one year following the date employment ceases. Discussion of the original 1990 ordinance showed there was some reservation expressed by Mr. Sterrett, who was on the Council at the time. He did feel not it was sufficient to allow a former employee to make a disclosure to the Council. What was being proposed at that time was that there be no requirement of the Council to vote on whether it was in the best interest of the Council to allow the former employee to sell to the City and all that was needed was a disclosure of that information. The entire matter was delayed for one month, because former Councilman Tim Owens was out of town at that time, and he had expressed interest in this issue and requested it come back before the Council in August. In August of 1990, then City Attorney Sig Anderson who handled this situation, said that he created language based on Mr. Sterrett’s request that would require a disclosure on the part of the former employee to the Council that they are participating in the bidding process. The Council would also have to find that the situation was in the best interest of the City and that request was unanimously approved at the City Council. The motion made by Mr. Hix, seconded by Mr. Goodman and amended by Mr. White carried by a roll-call vote of 9 to 2. Mrs. Owens and Ms. Gilliland opposed the motion.

REVIEW OF COUNCIL COMPENSATION AND BENEFITS

Mr. Hix stated that the FAED Committee made a recommendation to the City Council regarding Council compensation and benefits that was made after a lengthy discussion of the issue. There were a couple of issues brought to his attention that he felt would be helpful for the Committee to further consider before making their final referral to the City Council. Mr. Hix moved that the Review of Council Compensation and Benefits be deferred to the FAED Committee for additional consideration. Mr. Janson seconded the motion, which carried by a vote of 11 to 0. STAFF REPORT No report. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA

REVISED PRELIMINARY PLAN APPROVAL – Indian Creek Middle Basin Wastewater Treatment Plant Expansion, 10001 College Boulevard. Application made by Black and Veatch. The Planning Commission approved this item on December 12, 2005, by a vote of 7 to 0.

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REVISED PRELIMINARY PLAN APPROVAL – Deer Creek Woods Offices, vicinity of the northwest corner of 135th Street and Metcalf Avenue. Application made by Polsinelli Shalton Welte Suelthaus, P.C. The Planning Commission approved this item on December 12, 2005, by a vote of 10 to 0. REVISED PRELIMINARY PLAN APPROVAL – Shoppes At Deer Creek Woods II, vicinity of the northwest corner of 135th Street and Metcalf Avenue. Application made by Polsinelli Shalton Welte Suelthaus, P.C. The Planning Commission approved this item on December 12, 2005, by a vote of 10 to 0. REVISED PRELIMINARY PLAN APPROVAL – Shoppes At Deer Creek Woods III, vicinity of the northwest corner of 135th Street and Riley. Application made by Polsinelli Shalton Welte Suelthaus, P.C. The Planning Commission approved this item on December 12, 2005, by a vote of 10 to 0. SPECIAL USE PERMIT NO. 2005-42 – Vicinity of the southwest corner of U.S. 69 Highway and I-435. A special use permit is requested for a five-year period of time to allow a concrete plant and related uses. This property is currently zoned R-1, Single-Family Residential District. Application made by Clarkson Construction Company. The Planning Commission approved this item for a five-year period of time on December 12, 2005, by a vote of 8 to 0. Ordinance No. Z-3185. SPECIAL USE PERMIT NO. 2005-45 – 6675 West 119th Street. A special use permit is requested for a five-year period of time for the renewal of a drinking establishment of the Cheesecake Factory. This property is currently zoned CP-1, Planned Restricted Business District. Application made by ACI/Boland, Inc. The Planning Commission approved this item for a five-year period of time on December 12, 2005, by a vote of 8 to 0. Ordinance No. Z-3186. REZONING NO. 2005-23 – Vicinity of the northwest corner of 135th Street and Metcalf Avenue. Rezoning is requested from CP-O, Planned Office Building District, and CP-2, Planned General Business District, to MXD, Planned Mixed Use District, to allow a mixed use project. Application made by Polsinelli Shalton Welte Suelthaus, P.C. The Planning Commission approved this item on December 12, 2005, by a vote of 10 to 0. Ordinance No. Z-3184.

Council President Kandt presented the Planning Commission Consent Agenda and asked if there were any items that needed to be removed for separate discussion. Mrs. Owens requested to remove Special Use Permit No. 2005-42 from the Planning Commission Consent Agenda. Mr. Goodman moved to approve the Planning Commission Consent Agenda as presented excluding Special Use Permit No. 2005-42. Mrs. Happer Scheier seconded the motion, which carried by a roll-call vote of 11 to 0. Council President Kandt opened the public hearing regarding Special Use Permit No. 2005-42. Mr. John Wilson, 10700 West 109th Street, Grand Oaks Subdivision, did not favor placing a concrete batch plant and its materials in the middle of a prestigious

Overland Park City Council Meeting January 9, 2006 Page 12 residential neighborhood located across the highway from the attractive commercial development of Corporate Woods and along side the College Boulevard corridor. He understood that the City owns the property through condemnation proceedings for right-of-way purposes and that a new plant will have to be erected when the second phase of the I-435 and U.S. 69 Highway project is brought forward. He asked why a site was not chosen that is located away from the populous, since they must acquire right-of-way in the south. Mr. Wilson noted that his first knowledge of the proposed project was when the Planning Commission agenda was published. He also noted that the Kansas Department of Transportation (KDOT) was in violation of the Grand Oaks deed restrictions in their usage of the undeveloped portion of Grand Oaks for a staging area for various highway projects. He also questioned where the City would stage the widening of College Boulevard and U.S. 69 Highway to Pflumm in the 2008-2009 timeframe. He felt their neighborhood area would be indefinitely blighted. Mr. Wilson referred to the traffic problems associated with the proposed site stating that trucks must presently turn right to exit the property onto College and proceed to make illegal U-turns at the 109th Street entrance. The egress from the property is only 200 feet west from U.S. 69 Highway. Staff has suggested making a median cut opposite the exit point, but that median is only 12 feet wide and trucks using it would protrude well beyond both east and westbound College Boulevard traffic. He felt this project should not proceed unless this situation is resolved. He noted that all previous proposals for non-residential development in this area have been rejected by the City on this point alone. He asked who would be responsible for possible fatality accidents that could occur at the site. He was aware that the College Boulevard and U.S. 69 Highway Interchange would eventually become a single point urban interchange extending west from the existing overpass in the future, which is why he felt there was a good reason to have long-range planning involved and a permanent construction yard site. He felt a permanent construction yard would minimize the deterioration of surrounding neighborhoods and interruption to the flow of commerce. Mr. Gerald Reno, Brookhill Subdivision, stated that his subdivision was located adjacent to the Grand Oaks Subdivision. He referred to Special Use Permit No. 2005-42 noting that he had talked with the American Concrete Association and Portland Concrete Association. He had requested a plan from them as to what it would require to operate a 300-cubic yard concrete plant. He asked if a plant of this size would only be partially used at times. Those associations told him that most concrete trucks carry about 7.5 cubic yards. If the plant produces 300 cubic yards of concrete per hour and will include the use of 12 trucks, that use would result in three trips per hour. It would require about 40 trucks to pull the concrete out of the plant per hour, which equals about 80 trips. They also calculated a rough estimate of another 40 to 50 trucks that would be needed to bring in a supply of materials needed to make the concrete. Taking those uses into consideration in a 10-hour period, they could have as many as 800 trucks entering and leaving that site. The plant will add to the traffic on College Boulevard, and there is only one way to get out of the plant, which would force them to go north. He felt these trucks would tie up traffic during the peak hours. KDOT estimates that a fully loaded ready concrete truck creates as much damage to the road as 9,600 cars per day. They also estimate that it would cost about $160,000 per mile to repair a two-lane asphalt roadway, and he questioned who would be paying for this damage and extra costs.

Overland Park City Council Meeting January 9, 2006 Page 13 Mr. Reno pointed out another issue that involved the water use, which he felt would be an incredible use, because a lot of water is required to make concrete. Figures range from 45 to 75 gallons per cubic yard of concrete. Taking that information into account plus the fact that a truck can carry up to 150 gallons of water, about 600 to 900 gallons of water per load will be required. Assuming a 10-hour work day would occur for a 300-cubic yard plant, about 400 to 600 gallons of water per minute will be used, which equals about 240,000 to 360,000 gallons of water used per day or close to 7.5 million gallons per a 20-work day month. Johnson County Water District No. 1 has said all the water lines in that area have 8-inch water lines for residential use in the proposed area, and an increase would cause shortages and pressure drops in the water system. He felt there would be a good chance that they will lose water pressure in their subdivision alone, especially during summer months. He did not see where any of this information was addressed in the special use permit request. Mr. Reno referred to the issue of pollution noting it had not been addressed. He pointed out a common practice for the ready mix concrete industry involved thoroughly cleaning the trucks at the end of each day. According to the Quality Water Act, Part 116, truck wastewaters are hazardous substances and disposal of it is regulated by the Environmental Protection Agency (EPA). Disposal of the wastewater is regulated because they have a high PH concentrate. They are also concerned about storm runoff concerning this type of washdown. He pointed out that a lake was located in the area that was fed by natural springs. The runoff that comes from I-435 and some of the other areas keep the lake full. There is a large animal habitat in the area that he felt would be impacted by the batch plant site location. There will also be noise pollution from the trucks running in and out of the plant. Mr. Reno noted that when KDOT was working on I-435 a couple of years ago, that construction was heard all night long in that area. He felt there would be fire explosion hazards caused by the amount of fuel that will be stored on the site, especially since most concrete plants use propane for their mixing. In 2000 or 2001 when Sprint had their concrete plant located on the site, they had a problem with their propane tank catching on fire. He noted that the Fire Department evacuated all the people out of the Black and Veatch building, kept all the traffic from coming out of the Jewish Community Campus, and stopped the traffic on Nall Avenue. The reason for this was due to the concern from the scrap metal. He noted that the concrete plant was located several thousand feet from Black and Veatch, but the proposed plant is almost located in the backyard of his neighbors. Ms. Judy Hunsinger, Precinct Committeewoman for Ward 3, Precinct 15, as well as a business owner and resident of the area, stated that she had spoken to a number of appraisers asking them if any situation had ever occurred in a city where a heavy industrial site was allowed to be situated in an existing R-1 zoning area. She stated that no one could ever recall that type of situation. She explained that she had researched sales value numbers in all the subdivisions from College Boulevard over southwest to Quivira that would be affected by the concrete plant, which includes Grand Oaks, College Hill, Brookhill, Forest Oaks, and Pem Valleybrook. The elevation of all the properties will have a view of a 52-foot tower, and the noise will be heard by these residents. Of the approximate 252 homes in these subdivisions, their current cumulative market value is approximately $64,619,794. She felt that anyone selling a house located on a busy street that is not included in a subdivision would lose about 10 percent of its sale price. Anyone having a home that backed up to the concrete plant would lose about 15 to 20 percent from the sale of such a home. Home prices in

Overland Park City Council Meeting January 9, 2006 Page 14 these areas would spiral downward after the batch plant project is started. There will be about a 15 percent loss of profit on all homes in the proposed area, which would result in a $9.7 million loss. She questioned how much money KDOT, the City, and the State would save by having the concrete plant placed in the R-1 neighborhood. Ms. Hunsinger provided some photographs of some of the residents’ backyards showing their close proximity to the plant. She asked if there was any history in the City of Overland Park where a heavy industrial use, such as a cement plant, has been allowed to open in an R-1 zoned neighborhood. Mr. Jeff Buraff, 10764 Larson, Grand Oaks Subdivision, felt there would be severe traffic impacts with the trucks coming in and out of the site. He also pointed out that young drivers will be challenged driving through this site with all the construction occurring. Mr. Bruce Margolin, 10776 Larsen, stated that according to information received by their attorney, the current landing area located on the northwest corner of College and U.S. 69 Highway is contrary to the covenants and the deed restrictions. The proper condemnation proceedings were not used and the use of the site is in violation of the law for every day that site is being used. He stated that they intend to ensure their rights are protected and do what is necessary to force a condemnation proceeding or close the site down, since it is in violation of those covenants and deed restrictions. Mr. Goodman asked if Mr. Margelen was referring to the deed restrictions of the Grand Oaks Subdivision. Mr. Marelen agreed. Mr. Goodman asked how the subdivision’s deed restrictions would impact property owned by KDOT or the City of Overland Park. Mr. Maregelen stated that KDOT took over the property with the covenants in place. Since they did not condemn it, they are obligated to meet those covenants until such time. Mr. Ran Win, 11030 West 109th Street, College Hills, felt there was $9.68 million in immediate property loss due to the project. That loss averaged out over the time of the project would result in future dollars worth over $33 million. He asked if there were other concrete plants in place that could supply the construction project. He also asked what the additional cost would be and whether Clarkson Construction or KDOT would absorb those costs. He also questioned the possibility of spreading out the costs more equitably over the populous. He expressed concern about safety and health issues, and that 14- to 16-foot long concrete trucks will be coming across a 12-foot median. He questioned whether the savings of a concrete plant was equivalent to the cost of the affected neighborhoods. He felt there would be a good possibility of placing the concrete plant on the south side of College Boulevard where there is a bean field that is zoned Agricultural. The land would have to be rented as opposed to being free of cost, because the City has already condemned it. He also expressed concern with the water pressure issue due to the large quantity of water that will be needed. He felt the process should be delayed so they could receive more appropriate answers. Mr. Greg Motley, 10900 West 109th Street, College Hill Subdivision, felt his home was likely the highest level home that overlooks the subject area. He noted that he had a view from his kitchen of the top of the Doubletree Hotel and the building located at the extreme northwest corner of Corporate Woods. He felt he would have a view of the top portion of the concrete plant. He felt more research regarding what the additional cost

Overland Park City Council Meeting January 9, 2006 Page 15 would be for Clarkson Construction to use an existing concrete plant elsewhere needed to be investigated. He also suggested bringing the trucks down I-435 instead of College Boulevard for the sake of the affected neighborhoods, quality of life and safety issues. Council President Kandt closed the public hearing and asked staff to respond to the questions and concerns raised regarding traffic, safety and other issues. Manager of Current Planning Bob Lindeblad deferred to Mr. Dan Miller, the City’s Assistant City Engineer, who has been sheparding this project for a number of years. He noted that representatives of Clarkson Construction were present to answer questions about the project. Assistant City Engineer, Dan Miller explained that staff began this process with a special use permit application in November 2005. He referred to a map included in the packet information stating it distinguishes between the property owned by a church and property owned by KDOT, which is the staging area located at the corner of College and U.S. 69 Highway. This property was part of the Grand Oaks Subdivision, which was purchased by KDOT from the church six years ago. The special use permit application for the portable batch plant is for property owned by the City of Overland Park who is acting as an agent for KDOT. The land was acquired for highway construction purposes. He felt many of the comments made by the public surrounded the issue of appearance of the staging area and the current construction. KDOT is committed to working to improve the appearance of the staging area and to help the residents. Mr. Miller stated that subsequent to the special use permit application, staff met with the Grand Oaks Subdivision residents and discussed most of the same information they had presented today. He noted that there is a current significant issue with traffic since College Boulevard is heavily traveled. He pointed out that the 109th Street intersection has had problems for several years with U-turn movements. There is no place to go back east when traveling west on College Boulevard. Due to the traffic load the U.S. 69 Highway and College Boulevard interchange have over the years, he felt many drivers would try to travel west instead of trying to go straight through resulting in a lot of U-turn movements at Grand Oaks. Some of the construction traffic will continue to make those U-turn movements despite the fact they are not supposed to do that. He felt they needed to create different more direct access out of the batch plant location by providing a temporary median break to the east, which is opposite of the northbound Switzer and College Boulevard intersection. Mr. Miller noted that the staging area of the batch plant is endorsed by KDOT and is regulated by various federal and state agencies. KDOT has erosion control provisions included in the contract with Clarkson Construction, and staff feels that will be adequately addressed. He referred to the water pressure issue stating that the water mains on College Boulevard are fully adequate for what they intend to do on the site with regard to water. He noted that he had not heard any contrary information from Water District No. 1 or from KDOT. He did not feel the contractor would place the facility where they cannot obtain adequate water to fulfill their need. Water District No. 1 would not allow them to create a use that would cause problems with other customers. While the water mains located within the subdivisions are 8-inch mains, the mains along the thoroughfares are considerably larger.

Overland Park City Council Meeting January 9, 2006 Page 16 Mr. Miller stated that the batch plant was needed at the proposed location for the main line paving, and the plant should only be used for Clarkson’s work. The main line paving operations and heavy duty paving will involve an intermittent process. He did not feel there would be long-term traffic impacts from the batch plant. He offered to answer questions about the project. If it were not for the existence of this property, Mr. Goodman asked where the batch plant would have been located. Mr. Miller stated that the batch plant is located over 1,000 feet from the nearest residential property. They would have located the batch plan in another area located on the I-435 corridor, which is substantially closer to residential properties. Mr. Goodman asked if KDOT would have chosen an area along I-435 where they control sufficient right-of-way to locate the batch plant. If the batch plant was not located in the proposed location, Mr. Miller understood KDOT’s proposal would have located it on KDOT property, which is situated closer and in full view of the Grand Oaks subdivision. Mr. Goodman asked if any other sites were considered. Mr. Miller stated that another site was discussed, which is the old Galleria site located on the south side of College Boulevard, but it was located within view of residents on College Boulevard and Grand Oaks. That site has a better view from many subdivisions including those located south of College Boulevard, but neither KDOT nor the City controls that property. The process of putting a batch plant at that location would entail additional expense and would potentially co-mingle the construction traffic at 109th Street, which would be the main access in and out of that site. The construction traffic would be directly co-mingled with those attempting to exit the Grand Oaks subdivision. Although staff previously indicated the batch plant would only be operated during daylight hours, Mr. Goodman asked why the proposal did not include a stipulation that would limit the hours of operation. Mr. Miller was not aware of any reason for that stipulation not to be included. Mr. Goodman asked if there was any reason KDOT might object to such a stipulation. Mr. Miller stated the contractor had indicated their intent to only use the batch plant during daylight hours. Mr. Goodman asked if the City had a legal right to decline the proposed special use permit, and whether KDOT could still proceed to use the City’s property in spite of that action. Senior Assistant City Attorney Bart Budetti stated when there are conflicts between zoning authorities, such as a local jurisdiction and the state, and it becomes a legal issue that goes to court, the Court applies a balancing test as to what interests are at stake and how essential and important the particular location will be to the project. He did not feel KDOT would want to engage in that action if they have their own property to use, but there is a possibility KDOT may have full legal authority to locate the batch plant on the proposed site. If that property is available to them, they would have no legal issue with the City, but if the batch plant placement had more adverse effect on the City’s residents, they would not have any legal claim against the City. If they are not able to use that land because of deed restrictions or some other cause that kept them from using that land, the courts would determine how important and essential the location is to the project, what alternatives exist, and the costs of the project if delayed. It would then become a complicated issue to resolve. Mr. White referred to the temporary median break and asked if it had been designed yet and if they were prepared to immediately implement that process. Mr. Miller stated that the median break had been designed and submitted to KDOT and the

Overland Park City Council Meeting January 9, 2006 Page 17 contractor, but he was not aware of what the implementation process would involve. Mr. White asked if the batch plant would not be built and operated unless a median break was installed. Mr. Miller agreed. Mr. Hix asked about the route the trucks would be traveling. Mr. Miller stated that as the trucks come across the property owned by KDOT, they will make a left hand turn to go east on College Boulevard then loop onto U.S. 69 Highway to come back north to I-435. Depending upon where the concrete is needed, the trucks would either move down the highway or down a construction road. There is work on both U.S. 69 Highway north of College and on I-435 between U.S. 69 Highway and Metcalf Avenue. Most of the early phase of the project will have the trucks traveling north along I-435, but in 2007 there will be a lot of construction going on along U.S. 69 Highway. Mr. Hix stated he did not understand why trucks would be making U-turns if they are going to be using the median break to go east. Mr. Miller stated that the trucks will no longer need to make U-turns when the median break is built, which will eliminate that conflict. Mr. Hix asked if Clarkson Construction had ever explored the possibility of building a temporary batch plant directly off I-435 with a temporary entrance back onto I-435. Mr. Miller stated that staff reviewed a number of different scenarios for access and what they felt would serve as the best access. He noted that any kind of access onto an interstate ramp will likely be prohibited by the Federal Government. Mr. Hix asked about possible issues regarding water pressure reduction. Mr. Miller stated he was not aware of any issues regarding water supply. Mr. Hix asked about the comments that were made regarding pollution, environmental impacts on the habitat and silt issues. Mr. Miller stated that the project, as a whole, has received an environmental evaluation and is fully permitted by federal, state and local agencies. The batch plant is also regulated by the Kansas Department of Health and Environment (KDHE). Mr. Spears asked if KDOT would absolutely need a special use permit if they decide to put the batch plant on their property. Mr. Budetti stated that staff does not have the right to issue opinions on the authority of KDOT as to what they can do under the very broad statutory powers they are given. He felt this was a matter for the Attorney General and Counsel for KDOT to comment on. He noted that the possibility exists that they could not be held to any requirements and not be subject to the deed restrictions or to the local government’s control, especially if there are no viable alternatives for this project. Mr. Spears asked what percentage of concrete will be produced at the proposed batch plant for the entire project. Mr. Miller stated the project would encompass concrete for all the main line surface paving and concrete paving, and retaining walls and footings. Mr. Spears asked if staff had had any discussions with Clarkson Construction about the use of flaggers or other options at Frontage Road, which accesses College Boulevard at the end of the exit ramp from U.S. 69 Highway, since the traffic volume is high during the day and night. Mr. Miller stated that they had discussed that issue, but wanted to see how the plant would operate to see what would occur. He noted that there was a ramp that serves as a third lane to College Boulevard, which has the same speed limit as College Boulevard. He noted that there were some unprotected left turns from side streets onto six-lane College Boulevard, east of the site all through Corporate Woods. He did not feel this was an unusual

Overland Park City Council Meeting January 9, 2006 Page 18 situation. He pointed out that there are temporary traffic control measures they could use during mainline paving operations. Mr. Spears referred to Page 19D, which shows the KDOT and Overland Park properties, and asked how many acres were represented by the cross-hatched areas and how many acres the plat would require. Mr. Miller stated that the batch plant is located within the limits of the area that was cleared, which is how it currently exists. There is a large buffer of trees located on the property the City owns, and the remaining property to the west is also treed and wooded. He noted no additional clearing of trees would be done. Mr. Spears asked if the batch plant would have the same elevation as the subdivision. Mr. Miller stated that would depend on where the subdivision was located. Mr. Janson asked if there were any plans to do any construction work during night time hours. Mr. Miller stated there was no plan to produce paving out of the batch plan at night time, but noted there would be times during the course of the project when there will be some night work. Mr. Janson asked if there were plans to produce batch work during the weekends. Mr. Miller was not aware if any plans for weekend work, but he felt there could be some work done on Saturdays. Mr. Janson asked if the batch plant was located 1,000 feet from the nearest residential property. Mr. Miller stated that the batch plan was located 1,000 feet from the nearest Grand Oaks property. Mr. Janson asked if the 200-foot notification would apply in this case. Mr. Miller stated that the 200-foot requirement would not apply to any Grand Oaks properties. Mr. Janson referred to Mr. Reno’s comment about having 800 cement trucks running within a 10-hour period and asked what the actual number of trucks would be. Mr. Miller stated that Clarkson Construction representatives told him that they have a fleet of 12 vehicles, and that they might run as much as three trips per hour during heavy pavement periods, which would result in 36 trips per hour. He noted that Mr. Reno may have also included the trucks that bring in supplies. Supplies would not be brought into the site when concrete is being transferred in and out of the site. If the Council was to vote against the project, Ms. Gilliland asked if KDOT could still move the batch plant area down to the staging area and complete the project. Mr. Budetti stated that they might not succeed in a legal challenge in doing that, but that KDOT would be in a good position to proceed that way. Ms. Gilliland asked about the issue of fencing off the property owned by KDOT. Mr. Miller stated the KDOT property is currently fenced, and they are trying to raise the fencing to help eliminate the view of the plant from the west. The batch plant property is not currently fenced off. He noted there was a fence located on the west side of the KDOT staging area. Ms. Gilliland asked if the staging area could be fenced. Mr. Miller stated that area was currently fenced, but KDOT tried to improve that situation by adding some other features for better privacy fencing. He stated that those options were being reviewed, but he had not heard anything further on that issue. He pointed out that KDOT wants fencing for security purposes. Ms. Gilliland asked if Clarkson Construction had plans to add on to the truck fleet during this process. Mr. Miller was not aware of that information. Mrs. Owens asked about the height of the batch plant relative to the tree tops. Mr. Miller stated that the trees in that area were very tall. He noted that there was a tower that was 52 feet high, which might slightly measure above the trees, depending

Overland Park City Council Meeting January 9, 2006 Page 19 on where one is viewing it. The vast majority of that area cannot be seen even in winter time. Mrs. Owens asked about the exit that will be cut off at Switzer Road. Mr. Miller stated that the eastbound ramp signal is located in that area. Mrs. Owens asked if the traffic lights in that area could be synchronized to provide consideration to that traffic. Mr. Miller stated that there were some gaps in the westbound traffic, but eastbound traffic will use what currently exists. Mr. Stock referred to Page 19D, which shows a map of the traffic flow, and asked if trucks would be coming down Frontage Road to access College Boulevard. Mr. Miller agreed. Mr. Stock asked if a media break was cut east of Switzer. Mr. Miller referred to the map following a line across College Boulevard between Frontage Road and Switzer, and stated that was where one would make a left turn. Mr. Stock asked what staging areas were used in other situations where KDOT was developing that highway. Mr. Miller was not aware of other staging areas that were used, but the most recent project was the I-435 widening, which was a KDOT project that was done before he was heavily involved in the current project. There was a batch plant located at Nall and Roe at Stateline Road for the I-435 widening project. Mr. Stock asked if it was a typical process to have a batch plant on every highway project. Mr. Miller agreed. Mr. Stock asked what length of time the batch plant would be in operation. Mr. Miller stated that the special use permit is requested for a five-year period of time. The batch plant contractor and KDOT have committed to removing most of the major facilities at the proposed site as soon as the project is completed. Substantial completion is currently scheduled for the fall of 2008. Miscellaneous restoration will run until 2009, but mainline paving would be completed. Mr. Stock asked why the special use permit was set for five years. Mr. Miller stated that the five-year time limit represented a standard special use permit time frame. Mr. Stock asked about the concern for the possibility of other projects that might want to use the proposed property for a staging plant after 2008. Mr. Miller stated that there was no funding for any further highway improvements in the transportation programs. The State has indicated that they will not take up another program until long after this program has expired in 2009. He noted that there is still the ongoing issue with the land the City purchased and what KDOT will do with their property. Mr. Goodman did not favor the indication that the construction company would operate the batch plant at night. He was also concerned about how night time hours would be defined, particularly in the summer since daylight savings time would be effective then. He asked what staff anticipated the real hours of operation to be and what extent they would be willing to stipulate to those hours of operation. Mr. Miller stated that the mainline paving operation is somewhat short term, but running the operation is very intense and requires a lot of concrete. There would be some days in the summer when they would run all hours of daylight to get the paving done depending on the distance they would have to cover, but there would be a certain length of time before that type of operation would happen again. He noted that the Planning Commission did not make any restrictions regarding hours, but Clarkson Construction could further comment on that issue. Mr. Goodman felt five years was a long time for a temporary project of this magnitude. He asked why staff had not addressed what they consider to be appropriate screening and a requirement of those measures. Mr. Lindeblad stated there was likely no way of

Overland Park City Council Meeting January 9, 2006 Page 20 screening the batch plant, because it is located next to the interstate. He referred to the Sprint concrete batch plant and stated that their screening attempt included planting some pine trees for five years, but it did not screen well. He felt trees were the best form of screening for residents, but there was no need to screen the plant from the highway. Mr. Pete Heaven, Lathrop and Gage, 10851 Mastin, represented Clarkson Construction noting that the engineer, Mr. Kim Wilson, was also present. He noted that Clarkson Construction has been in business for 125 years. He explained that he had met with the neighbors to the site and many concerns were expressed. He felt one of the big concerns that came from the neighborhood meeting was the jogging trail that links Corporate Woods with the west side of U.S. 69 Highway. They have designed a means to keep that trail open, which only needs City approval. Mr. Heaven stated that the reason they have a 300-cubic yard capacity for the batch plant is because it was designed for that size. The plant will not always be used to its capacity, but it is very important the trucks get in and out quickly at the intense times when they have to lay the concrete for the roadways. He noted that Clarkson Construction would stipulate to operations during daylight hours with no work on Sundays. The reason they need full daylight operation is due to the substantial penalties they could be charged. If they are not allowed to do their work, they will end up spending a lot of money on liquidated damages. He agreed to stipulate that the batch plant will only operate during daylight hours with no overnight lighting or things of that nature. He offered to answer questions about the project. Mr. Spears asked if Clarkson Construction had any plans to add to the 12-truck fleet that will be used. Mr. Heaven stated there were no plans to add trucks. Mr. Spears asked if they would be producing concrete every day and what the estimate of the workload would be. Mr. Heaven stated that the project has approximately 80,000 cubic yards of concrete on site that would be used for the highways as well as the median barrier walls attached to those highways and is the only substance the plant will produce. The 80,000 cubic yards of concrete work would be spread over 3 to 3.5 years. There will be periods of time during the summer when the retaining walls are complete. They will then do the concrete work that they will be producing on a daily basis. He noted that the batch plant was not set up as a ready-mix plant, and they will not be selling any concrete for commercial uses. The concrete will be used exclusively for the highway project. He noted they had three concrete plants that are identical to each other and are designed to run at capacity with 300-cubic yards. Mr. Spears asked how many truckloads of concrete would encompass the 80,000 cubic yards of concrete. Mr. Kim Wilson stated that each truck can carry 7.5 yards, which would result in about 10,000 to 12,000 truckloads. Mr. Stock asked how early the construction batch plant would be operating. Mr. Wilson stated that during the normal summer construction season, workers will come into the site at about 6:30 a.m. He explained that it takes about 30 minutes to get everything going, and they would start producing concrete by 7:00 a.m. Mr. Stock asked about the noise caused by trucks, such as the beeping noise when they back up their trucks and whether there would be a lot of that noise at 6:30 a.m., six to seven days a week. Mr. Wilson stated that type of noise would likely occur around 7:00 a.m., which could also include a Saturday. Mr. Stock referred to the water pressure issue in the neighborhood and asked if that would be an issue in the surrounding neighborhoods and if it had ever been a problem in the past. Mr. Wilson

Overland Park City Council Meeting January 9, 2006 Page 21 stated that issue had never arisen in the metropolitan area. If the water pressure did become an issue, Mr. Stock asked what appropriate steps would be taken to rectify that situation. Mr. Wilson stated if water became an issue, Johnson County Water District No. 1 would cut off their usage. Mr. Goodman moved to approve Special Use Permit No. 2005-42 including stipulations a through d and the addition of stipulation e, which limits operation of the batch plant to daylight hours, six days per week including Monday through Saturday with no operations to occur on Sundays. Ms. Gilliland seconded the motion. Mr. White favored the motion, because he felt it was the best decision that could be made. He also pointed out that the City has little control of where the batch plant can be located, because they cannot dictate what KDOT can do. The motion made by Mr. Goodman and seconded by Ms. Gilliland carried by a roll-call vote of 11 to 0. OLD BUSINESS None. NEW BUSINESS None. MID-AMERICA REGIONAL COUNCIL REPORT Donna Owens, Councilmember Mrs. Owens reported that the budget was passed as presented by MARC, and the vote on the Legislative Agenda passed with two opposing votes. ADJOURNMENT Mr. Goodman moved to adjourn the meeting at 9:30 p.m. Mr. Spears seconded the motion, which carried by a unanimous vote. Minutes transcribed by Kathleen Imair. ________________________________ George Kandt, Council President ATTEST __________________________ Marian Cook, City Clerk