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City of Overland Park

Mayor and Council

 

Monday, May 3, 2021

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 Curt Skoog

 

 

Thomas Carignan

Faris Farassati

Stacie Gram

Holly Grummert

 

Scott Hamblin

Logan Heley

Jim Kite

Paul Lyons

 

Christopher Newlin

Fred Spears

John H. Thompson

 

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. Watch video on remote meeting procedures using Zoom.

 

The meeting may also be viewed by selecting “Watch Live.”

 

 

CALL TO ORDER

 

 

INSTRUCTIONS FOR USING THE ONLINE VIRTUAL MEETING TOOL

 

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PLEDGE OF ALLEGIANCE

 

 

 

 

 

 

 

 

OPEN PUBLIC COMMENT PERIOD

 

 

The Open Public Comment Period will be conducted for a maximum of 30 minutes.

 

Persons wishing to speak during the Open Public Comment Period should register by 3 p.m. in advance of the meeting using this form. Each speaker will have one 3-minute speaking opportunity.

 

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

 

Individuals may submit written comments by 3 p.m. in advance of the meeting using this form.

 

 

PUBLIC HEARING

 

 

MAYOR CARL R. GERLACH

 

 

1.

Proclamation - Proclaiming May 9 through May 15, 2021, as National Police Week in Overland Park.

 Proclamation

 

COUNCIL PRESIDENT CURT SKOOG

 

 

2.

Report from the Committee-of-the-Whole Meeting Held April 26, 2021 - Relating to the Employment Agreement between the City of Overland Park and City Manager William Ebel, Jr.

 

CITY MANAGER BILL EBEL

 

 

 

CONSENT AGENDA

 

 

Public Works – Committee Report

 

 

3.

Consultant Selection and Authorization to Enter into Agreement - Affinis Corp, to perform on-demand land surveyor services for a two-year period of time, with the option to extend an additional one-year period of time, in an amount not to exceed $200,000 annually.

 Committee Report to Council - Html

 Agreement - Affinis Corp

 

4.

Bid Tabulation - 2021 Bridge Maintenance, with Comanche Construction, Inc., in the amount of $278,987.50.

 Committee Report to Council - Html

 Bid Tabulation - 2021 Bridge Maintenance [Project No. MR-2148]

 

5.

Agreement - Schneider Electric Buildings Americas, Inc., for design build and energy saving services for the Streetlight Conversion Project with a guaranteed maximum price of $5,283,748.

 Committee Report to Council - Html

 Agreement - Schneider Electric Buildings Americas, Inc. [Project No. SL-2550]

 

6.

Bid Tabulation - J&D Equipment, Inc., d/b/a American Equipment Company, for Completed Parts and Assembly of Three (3) Single Axle Snow Plow Dump Trucks, in the amount of $324,975.

 Committee Report to Council - Html

 Bid Tabulation - Single Axle Plow Dump Trucks

 

7.

Bid Tabulation - 2021 Variable Height Municipal Regenerative Street Sweeper, with MMP Business Associates, Inc., d/b/a Armor Equipment, in the amount of $289,512.

 Committee Report to Council - Html

 Bid Tabulation - Variable Height Municipal Regenerative Street Sweeper

 

8.

Bid Tabulation - 2021 Oil Distributor Tanker Assembly with The G.W. Van Keppel Company, in the amount of $99,706.

 Committee Report to Council - Html

 Bid Tabulation - 2021 Oil Distributor Tanker Assembly

 

9.

Bid Tabulation - Complete Assembly of One 1-Ton Dump Truck with Snow Plow and V-Box with Shawnee F, LLC, d/b/a Shawnee Mission Ford (Knapheide), in the amount of $69,852.

 Committee Report to Council - Html

 Bid Tabulation - One-Ton Dump Truck with Plow and V-Box

 

Public Works – Staff Report

 

 

Finance, Administration and Economic Development - Committee Report

 

 

10.

Waive Selection Process and Approve Contract - The Carter Group, for legislative consulting services in the amount of $72,000 per year, for the term August 1, 2021, through July 31, 2025.

 Committee Report to Council - Html

 Legislative Consultant Contract - The Carter Group

 

11.

Authorization to Negotiate an Extension to Agreement - Blue Cross Blue Shield of Kansas City for Third Party Administrative Services for one additional year, through December 31, 2022.

 Committee Report to Council - Html

 

12.

Waive Selection Process for Investment Banking Services - Refunding of outstanding Transportation Development District Sales Tax Revenue Bonds, Series 2010. (Oak Park Mall TDD Project)

 Committee Report to Council - Html

 

Finance, Administration and Economic Development - Staff Report

 

 

13.

Confirmation of Investments.

 Confirmation of Investments

 

14.

Expenditure Ordinance No. 4B - Outlining the expenditures from the General Operating Fund and Capital Projects Fund for April 1 through April 14, 2021.

 Expenditure Ordinance No. 4B

 

 

REGULAR AGENDA

 

 

Community Development - Committee Report

 

 

 

Fred Spears, Chair

Thomas Carignan, Vice Chair; Faris Farassati; Holly Grummert; Christopher Newlin; Curt Skoog

 

 

Community Development - Planning & Development Services - Staff Report

 

 

 

Director

Jack Messer

 

 

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; 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; Stacie Gram; Scott Hamblin; Curt Skoog

 

 

16.

Public Works Infrastructure Program Assessment and Creation of Infrastructure Advisory Group.

 Committee Report to Council - Html

 Infrastructure Program Assessment and Advisory Group

 

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

 

 

17.

Resolution No. 4480,A - Approving the execution and delivery of a First Amendment to an Amended and Restated Payment-in-Lieu-of-Taxes Agreement relating to the issuance of Federally Taxable Private Activity Revenue Bonds for the purpose of financing the acquisition, construction, furnishing and equipping of a commercial facility. (Teva Neuroscience, Inc. - Netsmart Technologies, Inc., Project)

 

         First Amendment to Amended and Restated Payment-in-Lieu-of-Tax Agreement - Teva Neuroscience, Inc.; Netsmart, LLC; CN Associates, LLC.

 Committee Report to Council - Html

 Resolution 4480,A

 First Amendment to Amended & Restated Payment in Lieu of Tax Agreement - Teva, Netsmart, CN Associates

 

18.

Resolution No. 4620,A - Amending Resolution No. 4620, relating to the intent of the City to issue its Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $35,500,000 for the purpose of financing the acquisition, construction and equipment of a commercial facility located within the City. (Overland One Project – Building 3)

 Committee Report to Council - Html

 Resolution No. 4620,A

 Extension Request - Overland One, Building 3 Resolution of Intent

 

19.

Resolution No. 4705  – Authorizing a Transfer Consent related to improvements within an economic development project generally located on the southwest corner of 80th Street and Marty. (Edison OP Project)

 Committee Report to Council - Html

 Resolution No. 4705

 Request for Consent to Transfer - Smart Warehousing, LLC

 

20.

Resolution No 4706 -  Authorizing the Consent of a Sublease related to improvements in an economic development project generally located within the City at the southwest corner of College Boulevard and U.S. 69 Highway. (City Place Corporate Centre I (Parcel VIII) EDRB Project)

 Committee Report to Council - Html

 Resolution No. 4706

 Request for Consent to Sublease - City Place Corporate Centre I (Project ODX)

 OPEDC Memorandum - City Place Corp Centre I (Project ODX)

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

21.

Special Event Permit No. SEP2021-00045 - 9510 West 127th Street. A special event permit is requested to allow a tent and associated activities from June 14 through June 16, 2021. Application made by Lee McMahon, representing Church of the Ascension.

 Staff Report

 Maps

 

22.

Special Event Permit No. SEP2021-00115 - 7925 Marty. A special event permit is requested to allow the Beer Mile charity event on June 12, 2021. Application made by Joshua Turpin, representing Brew Lab.

 Staff Report

 Maps

 

23.

Special Event Permit No. SEP2021-00137 - 13800 Switzer. A special event permit is requested to allow multiple events and signage at Deanna Rose Farmstead for 2021. Application made by the City of Overland Park.

 Staff Report

 Event Descriptions and Maps

 

24.

Special Event Permit No. SEP2021-00143 - 13800 Switzer. A special event permit is requested to allow a holiday lighting event from October 9, 2021, through February 14, 2022.  Application made by the City of Overland Park.

 Staff Report

 Display Descriptions

 

25.

Special Event Permit No. SEP2021-00152 - 7871 West 159th Street. A special event permit is requested to allow alcohol consumption on a patio from May 4 through December 31, 2021. Application made by Bekki Diefendorf, representing Panamerican Group (Panera Bread).

 Staff Report

 Maps

 

26.

Special Event Permit No. SEP2021-00159 - 8909 West 179th Street.  A special event permit is requested to allow the Stems - A Garden Soiree event at the Overland Park Arboretum and Botanical Gardens on June 26, 2021.  Application made by Dan Vater, representing The Arts and Recreation Foundation of Overland Park.

 Staff Report

 Maps

 

27.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00009 - 95Metcalf Seventh Plat - Vicinity of the southeast corner of 95th Street and Metcalf. Application made by Strick and Co., Inc. The Planning Commission approved this item on April 12, 2021, by a vote of 10 to 0.  (Related Case No. PLT2016-00051)

 Staff Report

 Maps

 

28.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00011 - Bluhawk Galleria Second Plat - Vicinity of the southeast corner of 159th Street and Shawnee Drive. Application made by Price Brothers. The Planning Commission approved this item on April 12, 2021, by a vote of 10 to 0.  (Related Case No. PLT2015-00015)

 Staff Report

 Maps

 

29.

Special Use Permit No. SUP2021-00005 - 10412 Mastin. A special use permit is requested for a five-year period of time to allow the renewal of a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by Villa Capri, Inc. The Planning Commission approved this item on April 12, 2021, for a five-year period of time, by a vote of 10 to 0. Ordinance No. Z-4138

 Staff Report

 Maps

 Ordinance No. Z-4138

 Criteria for Rezonings and Special Use Permits

 

30.

Special Use Permit No. SUP2021-00006 - 7465 West 161st Street. A special use permit is requested for a two-year period of time to allow a temporary commercial use in an industrial district for a teaching facility. This property is currently zoned PEC-3J, Planned Research Development and Light Industrial Park District, Johnson County. Application made by Music House. The Planning Commission approved this item on April 12, 2021, for a two-year period of time, by a vote of 10 to 0. Ordinance No. Z-4139

 Staff Report

 Maps

 Ordinance No. Z-4139

 Criteria for Rezonings and Special Use Permits

 

31.

Revised Preliminary Plan No. PDP2021-00003 - Total Access Urgent Care (TAUC) - Costco Outlot - Vicinity of the northeast corner of 123rd Street and Blue Valley Parkway. Application made by TAUC Properties, Inc. The Planning Commission approved this item on April 12, 2021, by a vote of 10 to 0. (Related Case No. REZ1998-00046)

 Staff Report

 Maps

 

32.

Special Use Permit No. SUP2021-00002 - 8036 Metcalf. A special use permit is requested for a two-year period of time to allow a temporary banking facility. This property is currently zoned DFD, Downtown Form District. Application made by UMB Bank NA. The Planning Commission approved this item on April 12, 2021, for a two-year period of time, by a vote of 10 to 0. Ordinance No. Z-4137

 Staff Report

 Maps

 Ordinance No. Z-4137

 Criteria for Rezonings and Special Use Permits

 

33.

Certificate of Conformity No. DEV2021-00003 - UMB Bank - 7109 West 80th Street. Application made by UMB Bank, NA. The Planning Commission approved this item on April 12, 2021, by a vote of 10 to 0.

 Staff Report

 Maps

 

Planning Commission - Regular Agenda

 

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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