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City of Overland Park

Mayor and Council

 

Monday, December 7, 2020

7:30 PM

 

Remote Meeting

View a live stream of this meeting at opkansas.civicweb.net

Please silence cell phones while the meeting is in progress.

 

 

Mayor Carl R. Gerlach

Council President Fred Spears

 

 

Thomas Carignan

Faris Farassati

Stacie Gram

Holly Grummert

 

Scott Hamblin

Logan Heley

Jim Kite

Paul Lyons

 

Christopher Newlin

Curt Skoog

John H. Thompson

 

In order to comply with guidance from the Johnson County Public Health Officer to prevent the spread of COVID-19, this meeting will be conducted using an online virtual meeting tool.   Members of the Committee will not be present but will participate remotely using the virtual meeting tool.

 

The meeting will be open to the public via the online virtual meeting tool by viewing online or listening by phone.  Instructions or using the online virtual meeting tool are below. The meeting may also be viewed at opkansas.civicweb.net by selecting “Watch Live.”

 

 

CALL TO ORDER

 

 

INSTRUCTIONS FOR USING THE ONLINE VIRTUAL MEETING TOOL

 

To view and listen to the electronic meeting online using a device connected to the Internet:

         Click on the following link: https://opkansas.zoom.us/j/93661771536

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To listen to the meeting by phone use one of the following phone numbers

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         When prompted, enter the following meeting number: 93661771536 and Password: 82379487

 

 

PLEDGE OF ALLEGIANCE

 

 

OPEN PUBLIC COMMENT PERIOD

 

 

The Open Public Comment Period will be conducted for a maximum of 30 minutes. Each speaker will have one 3-minute speaking opportunity.

 

Information on How to Make Comments During the Meeting

 

Speakers are required to follow the Code of Conduct for Public Comments.

 

Written Comments may also be submitted here.

 

 

PUBLIC HEARING

 

 

1.

Comprehensive Plan - Proposed Comprehensive Plan Updates:

 

         Ordinance No. OPCP-3303 - Adopting and amending the Comprehensive Plan.

 

Submit Written Public Comments Here

 

Information on How to Participate in the Public Hearing

 

 Staff Report

 Proposed Comprehensive Plan Map

 Ordinance No. OPCP-3303

 

MAYOR CARL R. GERLACH

 

 

COUNCIL PRESIDENT FRED SPEARS

 

 

2.

Report from the Committee-of-the-Whole Meeting Held December 7, 2020:

 2021 State Legislative Program

 2021 National Legislative Program

 

CITY MANAGER BILL EBEL

 

 

3.

Government Enforcement Services Agreement - Johnson County, Kansas, providing for enforcement of the orders of the County Health Officer and County Board of Health.

 Agreement - Johnson County, Kansas

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

4.

Contract - Downtown Overland Park Partnership, Inc., to provide services for Downtown Overland Park as outlined by the Business Improvement District Advisory Board.

 Committee Report to Council - Html

 Contract - Downtown Overland Park Partnership, Inc.

 

5.

Resolution No. 4650 - Establishing fees for the use of the City's parks and recreation facilities and programs; authorizing the rules, regulations and procedures for the operation of the same.

 Committee Report to Council - Html

 Resolution No. 4650

 

6.

Resolution No. 4661 - Establishing Planning and Development Services fees for building plan review, permit, and inspection fees, and for land disturbance permits, site development permits, public improvement permits, floodplain development permits.

 Committee Report to Council - Html

 Resolution No. 4661

 

7.

Resolution No. 4663 - Setting a public review and comment period from December 15, 2020, through January 7, 2021, and a public hearing on January 11, 2021, regarding approval and submission of the City's Federal Fiscal year (FFY) 2021 Community Development Block Grant  (CDBG) Annual Action Plan.

 Committee Report to Council - Html

 Resolution No. 4663

 

8.

Resolution No. 4665 - Setting a public review and comment period from December 15, 2020, through December 20, 2020, and a public hearing on December 21, 2020, regarding approval and submission of a substantial amendment to the City's Federal Fiscal year (FFY) 2020 Community Development Block Grant  (CDBG) Annual Action Plan.

 Committee Report to Council - Html

 Resolution No. 4665

 

9.

Resolution No. 4672 - Enlargement of the Consolidated Main Sewer District located in the vicinity of 167th Street and Hayes.

 Committee Report to Council - Html

 Resolution No. 4672

 Letter of Request and Location Map

 

Community Development - Staff Report

 

 

10.

Resolution No. 4670 - Declaring the intention of the Governing Body to design and construct the Maple Hills Park Improvements; authorizing the issuance of General Obligation Bonds to pay the costs therefor.

 Resolution No. 4670 [Project No. PR-1697]

 

11.

Resolution No. 4671 - Declaring the intention of the Governing Body to design and construct the Young's Pool Entry Building Improvements; authorizing the issuance of General Obligation Bonds to pay the costs therefor.

 Resolution No. 4671 [Project No. PR-2054]

 

Finance, Administration and Economic Development - Committee Report

 

 

12.

2021 Special Alcohol Fund - Drug and Alcoholism Council of Johnson County grant program recommendations to various eligible agencies and programs that provide services directed to education, prevention and treatment of drug and alcohol abuse in the amount of $1,118,000.

 Committee Report to Council - Html

 2021 Special Alcohol Fund - DAC Recommendation Report

 2019-2021 Special Alcohol Fund Grant Allocations

 

13.

Visit Overland Park - 2021 Budget.

 Committee Staff Report - Html

 2021 Visit Overland Park Budget

 

14.

Third Amendment to the Food Services Management Agreement - Aramark Sports and Entertainment Services, LLC, to extend the term for three (3) years, from January 1, 2021, through December 30, 2023.

 Committee Report to Council - Html

 Third Amendment to Food Services Agreement - Aramark

 

15.

Small Cell Facility Deployment and Master Right-of-Way License - New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility to install small cell facilities in both the Right-of-Way and upon City streetlights.

 Committee Report to Council - Html

 Agreement - New Cingular Wireless PCS, LLC, dba AT&T Mobility

 

16.

Addendum No. 3 to Agreement – Waste Management of Kansas, Inc., for the Collection of Solid Waste and Recyclables from City Facilities for the term January 1, 2021 to December 31, 2021.

 Committee Staff Report - Html

 Addendum No. 3 to Agreement - Waste Management of Kansas, Inc.

 

17.

Ordinance No. CT-3306 - Related to the office of City Treasurer.

 Committee Report to Council - Html

 Ordinance No. CT-3306

 

18.

Ordinance No. IIM-3307 - Relating to the investment of idle moneys.

 Committee Report to Council - Html

 Ordinance No. IIM-3307

 

19.

Ordinance No. OES-3308 - Relating to the payment of claims against the City, City officers and City employees.

 Committee Report to Council - Html

 Ordinance No. OES-3308

 

20.

Resolution No. 4667 - Establishing a Councilmember's Creed.

 Committee Report to Council - Html

 Resolution No. 4667

 

21.

Resolution No. 4668 - Establishing Rules, Procedures and Protocol for Plural Authorities.

 Committee Report to Council - Html

 Resolution No. 4668

 

22.

Resolution No. 4669 - Establishing Council and Committee Procedures.

 Committee Report to Council - Html

 Resolution No. 4669

 

Finance, Administration and Economic Development - Staff Report

 

 

23.

Expenditure Ordinance No. 11A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for October 30 through November 12, 2020.

 Expenditure Ordinance No. 11A

 

24.

Expenditure Ordinance No. 11B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for November 13 through November 26, 2020.

 Expenditure Ordinance No. 11B

 

25.

Excess Health and Accident Coverage Agreement - Missouri Valley Life and Health Insurance Company, regarding the City's Self-Funded Health Insurance Plan, for the term of January 1, 2020, to December 31, 2020, for an estimated premium amount of $934,029.

 Committee Staff Report - Html

 Agreement - Missouri Valley Life and Health Insurance Company

 

 

REGULAR AGENDA

 

 

Community Development - Committee Report

 

 

 

Curt Skoog, Chair

Thomas Carignan, Vice Chair; Faris Farassati; Stacie Gram; Holly Grummert; Christopher Newlin

 

 

27.

Review of Arboretum Visitors Center Project Construction Cost Estimate, Budget, and Funding - Directing staff to finalize a Funding Agreement with the Arts and Recreation Foundation of Overland Park.

 Committee Report to Council - Html

 

Community Development - Planning & Development Services - Staff Report

 

 

 

Director

Jack Messer

 

 

28.

Ordinance No. ROCR-3305 - Relating to the regulation of signs.

 

Presenters:

Steve Horner

 Council Staff Report - Html

 Ordinance No. ROCR-3305

 

Community Development - Parks & Recreation Services - Staff Report

 

 

 

Director

Jermel Stevenson

 

 

Public Safety – Committee Report

 

 

 

Paul Lyons, Chair

Holly Grummert, Vice Chair; Thomas Carignan; Stacie Gram; Christopher Newlin; John H. Thompson

 

 

Public Safety - Police Department - Staff Report

 

 

 

Chief of Police

Frank Donchez

 

 

Public Safety - Fire Department - Staff Report

 

 

 

Fire Chief

Bryan Dehner

 

 

Public Works – Committee Report

 

 

 

Jim Kite, Chair

Logan Heley, Vice Chair; Faris Farassati; Scott Hamblin; Curt Skoog; Fred Spears

 

 

Public Works – Staff Report

 

 

 

Director, Public Works

Tony Hofmann

 

 

Finance, Administration and Economic Development - Committee Report

 

 

 

John Thompson, Chair

Christopher Newlin, Vice Chair; Logan Heley; Jim Kite; Paul Lyons; Fred Spears

 

 

Finance, Administration and Economic Development - Staff Report

 

 

 

Deputy City Manager

Kristy Cannon Stallings

 

 

 

ECONOMIC DEVELOPMENT PUBLIC-PRIVATE PARTNERSHIP PROJECTS

 

 

Economic Development Public-Private Partnership Projects - Regular Agenda

 

 

29.

Resolution No. 4582, A  - Amending Resolution No. 4582, relating to the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $9,000,000 for the purpose of financing construction materials, fixtures, equipment and furnishings of a multi-family commercial development for the purpose of obtaining a sales tax exemption. (Mission Farms West Multi-Family EDRB Project)

 Committee Report to Council - Html

 Resolution No. 4582, A

 

30.

Resolution No. 4673 - Authorizing the sale and conveyance of the project, execution of a Release of Leases and authorizing additional related actions in connection with the City's not to exceed $7,500,000 Federally Taxable Private Activity Revenue Bonds, Series 2019. (Avenue 82 EDRB Project)

 Council Staff Report - Html

 Resolution No. 4673

 Release of Leases - Avenue 82, LLC

 

31.

Ordinance No. B-3309 - Authorizing the City to issue Federally Taxable Private Activity Bonds, Series 2020, in the principal amount not to exceed $28,000,000 for the purpose of financing construction materials, equipment, and furnishings of a commercial facility and authorizing the execution of certain documents in connection with the issuance of the Bonds (City Place Corporate Centre I (Parcel VIII) EDRB Project).

 

Trust Indenture - Between the City and BOKF, N.A., Kansas City, Missouri.

 

Base Lease Agreement - Between CityPlace Corporate Centre I Investors, LLC ("CPCC I"), 5800 Stillwell BI SPE, LLC ("5800 Stillwell"), Perg BI SPE, LLC ("Perg"), and LOICP I, LLC ("LOICPI"), and the City.

 

Lease Agreement - Between the City and CityPlace Corporate Centre I Investors, LLC ("CPCC I"), 5800 Stillwell BI SPE, LLC ("5800 Stillwell"), Perg BI SPE, LLC ("Perg"), and LOICP I, LLC ("LOICPI"), and the City.

 

Bond Purchase Agreement - Between the City and CityPlace Corporate Centre I Investors, LLC ("CPCC I"), 5800 Stillwell BI SPE, LLC ("5800 Stillwell"), Perg BI SPE, LLC ("Perg"), and LOICP I, LLC ("LOICPI"), and the City.

 

Payment-in-Lieu-of-Taxes Agreement – By and Among the City and CityPlace Corporate Centre I Investors ("CPCC I"), 5800 Stillwell BI SPE, LLC ("5800 Stillwell"), Perg BI SPE, LLC ("Perg"), and LOICP I, LLC ("LOICPI"), and the City.

 

Guaranty of Payment-in-Lieu-of-Taxes Agreement - Burlington Associate, L.L.C.

 

 Council Staff Report - Html

 Ordinance No. B-3309

 Trust Indenture - City Place Corporate Centre I (Parcel VIII) EDRB, Series 2020

 Base Lease Agreement - City Place Corporate Centre I (Parcel VIII) EDRB, Series 2020

 Lease Agreement City Place Corporate Centre I (Parcel VIII) EDRB, Series 2020

 Bond Purchase Agreement City Place Corporate Centre I (Parcel VIII), EDRB Series 2020

 PILOT Agreement - City Place Corporate Centre I (Parcel VIII), EDRB Series 2020

 Summary of Revised PILOT Agreement - City Place Corporate Centre I (Parcel VIII) EDRB Series 2020

 Guaranty of PILOT Agreement - Burlington Associates, L.L.C-City Place Corporate Centre I (Parcel VII) EDRB Series 2020

 Changes to Recital C in PILOT Agreement City Place Corporate Centre I EDRB, Series 2020

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

32.

Special Event Permit No. SEP2020-00566 - 9520 Metcalf. A special event permit is requested from January 1, 2021, to June 30, 2021, to allow a temporary patio area in the parking lot. Application made by Michael Needham, representing Fiorella’s Jack Stack Barbecue.

 Staff Comment

 Maps

 

33.

Special Event Permit No. SEP2020-00570 - 6621 West 119th Street. A special event permit is requested from December 7, 2020 through February 18, 2021 to allow a temporary holiday semi trailer for refrigerated storage. Application made by Nick Zemler, representing Whole Foods.

 Staff Report

 Maps

 

34.

Revised Preliminary Plan No. PDP2020-00024 - Prairiefire Phase II - Vicinity of the southwest corner of 135th Street and Nall. Application made by Merrill Companies. The Planning Commission approved this item on November 9, 2020, by a vote of 10 to 0. (Related Case No. REZ2008-00010)

 Staff Report

 Maps - Site

 Maps - Architecture

 Maps - Details

 

35.

Special Use Permit No. SUP2020-00029 - 11325 College Boulevard. A special use permit is requested for an indefinite period of time to allow a physical rehabilitation hospital with overnight stays. This property is currently zoned CP-O, Planned Office Building District. Application made by WB Development Partners. The Planning Commission approved this item on November 9, 2020, by a vote of 10 to 0. Ordinance No. Z-4104

 Staff Report

 Maps - Site Plan

 Maps - Elevations and Neighborhood Meeting

 Ordinance No. Z-4104

 Criteria for Rezonings and Special Use Permits

 

36.

Rezoning No. REZ2020-00010 - Vicinity of the northwest corner of 115th Street and Nall. Rezoning is requested from RP-6, Planned High-Rise Apartment District, and CP-2, Planned General Business District, to MXD, Planned Mixed Use District, and CP-2, to allow for a mixed use development. Application made by Galleria Residences North, LLC. The Planning Commission approved this item on November 9, 2020, by a vote of 10 to 0. Ordinance No. Z-4103

 Staff Report

 Maps - 1

 Maps - 2

 Maps - 3

 Maps - 4

 Maps - 5

 Ordinance No. Z-4103

 Criteria for Rezonings and Special Use Permits

 

37.

Unified Development Ordinance Amendment No. PLM2020-00004 - Amendments to Section 18.100.041, Adoption by Reference of Overland Park Architectural Design Standards; Relationship to other provisions of the code; Chapter 18.110, Rules of Interpretation and Definitions; Section 18.130.060, Sign Permits - When Required; Section 18.130.070, Sign Permits - Applications; Section 18.250.050, Development and Performance Standards; Section 18.370.020, Special Uses Designated; Section 18.370.040, Development and Performance Standards; Chapter 18.380, Special Events; Section 18.390.140, Development and Performance Standards; Section 18.410.100, Nonconforming Signs; Chapter 18.440, Signs; and Chapter 18.442, K-150 Corridor Area of Special Control. Application made by The City of Overland Park. The Planning Commission approved this item on November 9, 2020, by a vote of 10 to 0.

 

         Ordinance No. ZRR-3300 - Relating to the Unified Development Ordinance and the regulation of signs.

 

         Ordinance No. ZRR-3302 - Relating to the Unified Development Ordinance and the regulation of special events.

 

 Staff Report

 Ordinance No. ZRR-3300

 Architectural Design Standards

 Ordinance No. ZRR-3302 - (Redline Version)

 Ordinance No. ZRR-3302

 2020 Sign Code Update Overview

 Guide to Sign Types

 How to Use the 2020 Sign Code

 Sign Code Update Timeline

 Public Input

 

Planning Commission - Regular Agenda

 

 

38.

Rezoning No. REZ2020-00008 - 15175 Metcalf. Rezoning is requested from CP-2J, Planned General Business District, Johnson County, to R-1, Single-Family Residential District, to allow for an existing single-family house to move to the subject property. Application made by Samuel Bowden. The Planning Commission denied this item on November 9, 2020, by a vote of 3 to 7. Ordinance No. Z-4102

 Staff Report

 Maps

 Ordinance No. Z-4102

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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