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City of Overland Park

Mayor and Council

 

Monday, June 7, 2021

7:30 PM

 

City Hall - 8500 Santa Fe Drive, Council Chamber

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

 

Face masks are recommended.

 

CALL TO ORDER

 

 

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 June 19, 2021, as Juneteenth Freedom Day in Overland Park.

 Proclamation

 

2.

Proclamation - Proclaiming the month of June 2021, as Pride Month in Overland Park.

 Proclamation

 

3.

Announcement – Scheduling a Formal Meeting of the Committee of the Whole to be held on Monday, June 14, 2021, at 6:00 p.m., in the Council Chambers at City Hall. The purpose of the meeting will be to receive updated information from the Kansas Department of Transportation on the 69 Express Project. Following this update, an open public comment period on this project will be held; individuals who wish to provide comments will be able to submit those in writing or sign up to speak, following the normal public comment process. Links to sign up or submit written comments will be made available on the meeting agenda which will be published on June 10, 2021.

 

4.

Announcement – Scheduling a Formal Meeting of the Committee of the Whole to be held on Monday, June 21, 2021, at 6:00 p.m., in the Council Chambers at City Hall. The purpose of the meeting will be to receive a presentation on the Johnson County Community Housing Study and Housing for All Toolkit.

 

COUNCIL PRESIDENT CURT SKOOG

 

 

CITY MANAGER BILL EBEL

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

5.

HOME Consortium Cooperation Agreement and Memorandum of Understanding - Johnson County Board of County Commissioners for the housing rehabilitation program for income eligible homeowners for the fiscal years 2020, 2021, 2022, 2023 and 2024.

 Committee Report to Council - Html

 Memorandum of Understanding

 Letter from Johnson County

 

6.

Change Order No. 1 - Turner Construction Company, for Construction Manager at Risk Services for the Young’s Aquatic Center Renovation - Phase 1, in the amount of $2,859,939, for a total project cost of $2,887,341.

 Committee Report to Council - Html

 Change Order No. 1 - Turner Construction Company

 

7.

Waive Bid Process and Authorization of Agreement - Waste Management of Kansas, Inc., for the 2021 Bulky Item Solid Waste Collection, in an amount not to exceed $173,000.

 Committee Report to Council - Html

 Agreement-Waste Management of Kansas, Inc.

 

8.

Resolution No. 4710 - Setting a public hearing for June 6, 2022, pursuant to K.S.A. 12-1752 and Overland Park Municipal Code Section 16.190.110.2; concerning the unsafe and dangerous structure at 16225 Juniper.

 Committee Report to Council - Html

 Resolution No. 4710

 Photos of Unsafe Structure

 

9.

Resolution No. 4707 - Enlargement of the Consolidated Main Sewer District located in the vicinity of 167th Street and Rosehill.

 Committee Report to Council - Html

 Resolution No. 4707

 Letter of Request and Location Map

 

10.

Resolution No. 4709 - Enlargement of the Consolidated Main Sewer District located in the vicinity of 170th Street and Rosehill.

 Committee Report to Council - Html

 Resolution No. 4709

 Letter of Request and Location Map

 

11.

Electric Vehicle and Solar Ready Incentives for Residential Projects:

 

Resolution No. 4708 - Adding electric vehicle and solar ready/capable incentives for residential projects to the Planning and Development Services fees.

 

Ordinance No. BC-3321 - Adopting Appendix V, Electric Vehicle-Ready Provisions, of the 2018 International Residential Code for one-and two-family dwellings; and Appendix CB, Electric Vehicle-Ready Provisions of the 2018 International Energy Conservation Code for multi-family dwellings.  

 Committee Report to Council - Html

 Resolution No. 4708

 Ordinance No. BC-3321

 

Public Works – Committee Report

 

 

12.

Approve Consultant Selections and Authorization to Enter into Agreements - For on-demand engineering and architectural consulting services for Traffic Engineering Projects and Transportation Planning for a two-year period of time with the option for a one-year renewal, in an amount not to exceed $200,000 annually for each consulting firm. 

 

Agreement - HNTB Corporation.

Agreement - Merge Midwest Engineering, LLC.

Agreement - Olsson, Inc.

Agreement - TREKK Design Group, LLC

Agreement - Alfred Benesch and Company

 

 Committee Report to Council - Html

 Agreement - HNTB Corporation

 Agreement - Merge Midwest Engineering, LLC

 Agreement - Olsson, Inc.

 Agreement - TREKK Design Group, LLC

 Agreement - Alfred Benesch and Company

 

Public Works – Staff Report

 

 

13.

Resolution No. 4711 - Declaring it necessary to appropriate private property for the use of the City for the reconstruction of Switzer, 159th Street to 167th Street.

 Resolution No. 4711 - [Project No. TH-1836]

 

Finance, Administration and Economic Development - Committee Report

 

 

14.

Authorization to Negotiate a Fourth Addendum to Health Services Agreement - Marathon Health, LLC, to expand Behavioral Health Services from two to four days per week, through the end of the term of the Agreement, March 5, 2023.

 Committee Report to Council - Html

 

15.

Amendment No. 4 to Software and Services Purchase Agreement - Rimini Street, Inc., for PeopleSoft support for one year, in an amount not to exceed $44,139.

 Committee Report to Council - Html

 Amendment No. 4 to Software and Services Purchase Agreement - Rimini Street, Inc.

 

16.

Waive Bid Process and Approval of Support and Maintenance Agreement - CentralSquare Technologies, LLC, for Enterprise Asset Management (formerly Lucity) work and asset management software for a three-year period, through March 1, 2024, in an amount not to exceed $129,000; and authorizing one, one-year renewal, through March 1, 2025, in an amount not to exceed $48,000.

 Committee Report to Council - Html

 Agreement - Central Square Technologies, LLC

 

17.

Renewal of Master Services Agreement - SecureWorks, Inc., for managed Security and Risk Consulting Services, for two additional one-year periods, through March 6, 2023, in an amount not to exceed $60,000 per year.

 Committee Staff Report - Html

 Master Services Agreement - SecureWorks, Inc.

 

Finance, Administration and Economic Development - Staff Report

 

 

18.

Council Minutes - March 1, 2021.

 

19.

Confirmation of Investments.

 Confirmation of Investments

 

20.

Expenditure Ordinance No. 5A - Outlining the expenditures from the General Operating Fund and Capital Projects Fund for April 29 through May 12, 2021.

 Expenditure Ordinance No. 5A

 

21.

Expenditure Ordinance No. 5B - Outlining the expenditures from the General Operating Fund and Capital Projects Fund for May 13 through May 26, 2021.

 Expenditure Ordinance No. 5B

 

 

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; Scott Hamblin; John H. Thompson

 

 

23.

Announcement - The June 9, 2021, Public Safety Committee meeting will include Public Comment beginning at approximately 7:00 p.m., regarding potential changes to Overland Park Municipal Code Ordinance concerning dangerous animals, specifically the canine breed specific ban; all other business of the committee will be discussed beginning at 5:30 p.m., City Hall Council Chamber.

 

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

 

 

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

 

 

24.

Resolution No. 4713 - 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. 4713

 Request for Consent to Sublease - CityPlace Corporate Centre I (Project XOX)

 OPEDC Memorandum - CityPlace Corporate Centre I (Project XOX)

 

25.

Resolution No. 4712 - Approving the execution and delivery of a Seventh Amendment to Promontory Redevelopment Agreement relating to a Tax Increment Financing District and a Community Improvement District at the northeast corner of 91st Street and Metcalf (Promontory Project).

 

         Seventh Amendment to Promontory Redevelopment Agreement - Arbor Development, LLC.

 Committee Report to Council - Html

 Resolution No. 4712

 Seventh Amendment to Promontory Redevelopment Agreement - Arbor Development, LLC

 

26.

Resolution No. 4714 -  Authorizing the sale and conveyance of the Capital One Home Loans Project, the execution of a Quit-Claim Deed and a Release of Lease Agreement, and further authorizing certain addition related actions in connection with the City's not to exceed $34,000,000 Federally Taxable Private Activity Revenue Bonds, Series 2006 (Capital One Home Loans Project).

 Council Staff Report - Html

 Resolution No. 4714

 Release of Lease Agreement - Whiterock 12800 Foster Overland Park Kansas LLC

 Quit Claim Deed - Whiterock 12800 Foster Overland Park Kansas LLC

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

27.

Special Event Permit No. SEP2019-01041 - 6755 West 119th Street. A special event permit is requested to allow banners for the annual Helen Gold 5K/10K on September 11, 2021. Application made by Dee Sand, representing G-K Development Co., Inc.

 Staff Report

 Maps

 

28.

Special Event Permit No. SEP2019-01070 - 9401 Indian Creek Parkway. A special event permit is requested to allow a community event on July 4, 2021, in Corporate Woods Founders’ Park. Application made by the City of Overland Park.

 Staff Report

 Maps

 

29.

Special Event Permit No. SEP2021-00190 - 11300 West 103rd Street. A special event permit is requested to allow an outdoor movie night on Fridays from June 18 through July 30, 2021. Application made by Kim Hudson, representing Holy Spirit Catholic Parish and School.

 Staff Report

 Maps

 

30.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00014 - Chapel Hill Eighth Plat - Vicinity of 173rd Street and Pflumm. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. PDP2017-00130)

 Staff Report

 Maps

 

31.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00015 - Southpointe Sixth Plat - Vicinity of 183rd Street and Pflumm. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. PLT2019-00067)

 Staff Report

 Maps

 

32.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00017 - Merit Homes - Vicinity of the southwest corner of 88th Street and Farley. Application made by Savita, LLC. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. PLT2020-00011)

 Staff Report

 Maps

 

33.

Revised Preliminary Plan No. PDP2021-00008 - Wolf Creek Plaza - Vicinity of the southwest corner of 175th Street and Pflumm. Application made by Pflumm 175th Investors, LLC. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. REZ2008-00014)

 Staff Report

 Maps

 

34.

Special Use Permit No. SUP2021-00004 - 8787 Lenexa Drive. A special use permit is requested for a 10-year period of time to allow the renewal of a tow lot. This property is currently zoned CP-3, Planned Commercial District. Application made by Almighty Tow Service, LLC. The Planning Commission approved this item on May 10, 2021, for a 10-year period of time, by a vote of 11 to 0. Ordinance No. Z-4144

 Staff Report

 Maps

 Ordinance No. Z-4144

 Criteria for Rezonings and Special Use Permits

 

35.

Special Use Permit No. SUP2021-00010 - 8751 Lenexa Drive. A special use permit is requested for a 10-year period of time to allow the renewal of a tow lot. This property is currently zoned CP-2, Planned General Business District. Application made by David Griffiths representing Almighty Tow Service, LLC. The Planning Commission approved this item on May 10, 2021, for a five-year period of time, by a vote of 11 to 0. Ordinance No. Z-4146

 Staff Report

 Maps

 Ordinance No. Z-4146

 Criteria for Rezonings and Special Use Permits

 

36.

Special Use Permit No. SUP2021-00009 - 14401 Metcalf. A special use permit is requested for a three-year period of time to allow a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by Joe Van Deuzen representing Urban Air. The Planning Commission approved this item on May 10, 2021, for a three-year period of time, by a vote of 11 to 0. Ordinance No. Z-4145

 Staff Report

 Maps

 Ordinance No. Z-4145

 Criteria for Rezonings and Special Use Permits

 

37.

Special Use Permit No. SUP2021-00011 - 8861 Lenexa Drive. A special use permit is requested for a two-year period of time to allow a dog grooming facility as a temporary commercial use in an industrial district. This property is currently zoned M-1, Industrial Park District. Application made by Emery Kittle. The Planning Commission approved this item on May 10, 2021, for a two-year period of time, by a vote of 10 to 0. Ordinance No. Z-4147

 Staff Report

 Maps

 Ordinance No. Z-4147

 Criteria for Rezonings and Special Use Permits

 

38.

Special Use Permit No. SUP2021-00012 - 4209 Merriam Drive. A special use permit is requested for a 10-year period of time to allow a recreation facility. This property is currently zoned M-1, Industrial Park District. Application made by Douglas Lytle. The Planning Commission approved this item on May 10, 2021, for a five-year period of time, by a vote of 11 to 0. Ordinance No. Z-4148

 Staff Report

 Maps

 Ordinance No. Z-4148

 Criteria for Rezonings and Special Use Permits

 

39.

Rezoning No. REZ2021-00003 - 6800 West 93rd Street. Rezoning is requested from CP-O, Planned Office Building District, to CP-2, Planned General Business District, to allow an automotive dealership. Application made by 6800 W. 93rd Street, LLC. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. Ordinance No. Z-4141

 Staff Report

 Maps

 Ordinance No. Z-4141

 Criteria for Rezonings and Special Use Permits

 

40.

Rezoning No. REZ2021-00004 - 9100 West 135th Street. Rezoning is requested from BP, Business Park District, to CP-2, Planned General Business District, to allow a QuikTrip. Application made by Erik Eckhart, representing QuikTrip. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. Ordinance No. Z-4142

 Staff Report

 Maps

 Ordinance No. Z-4142

 Criteria for Rezonings and Special Use Permits

 

41.

Rezoning No. REZ2021-00007 - 7300 West 159th Street. Rezoning is requested from MXD, Mixed-Use District, to CP-1, Planned Restricted Business District, to allow a commercial development. Application made by Polsinelli PC, representing First Option Bank. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. Ordinance No. Z-4143

 Staff Report

 Maps

 Ordinance No. Z-4143

 Criteria for Rezonings and Special Use Permits

 

42.

Rezoning No. REZ2021-00002 - Vicinity of the southwest corner of 175th Street and Pflumm. Rezoning is requested from CP-2, Planned General Business District; RP-4, Planned Cluster Dwelling; and RP-5, Planned Apartment House District; to RP-1A, Planned Small-Lot Single-Family District, to allow a new residential development. Application made by Mission Peak Capital. The Planning Commission approved this item on May 10, 2021, by a vote of 11 to 0. (A protest petition has been received which was not valid.) Ordinance No. Z-4140

 Staff Report

 Map 1 - Vicinity

 Map 2 - Civil Plans

 Map 3 - Design Standards

 Map 4 - Clubhouse Plans

 Map 5 - Cabana Plans

 Neighborhood Meeting Summary

 Ordinance No. Z-4140

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

43.

Sign Deviation No. DEV2021-00038 - Kompass Kapital Plaza - 9800 Metcalf. Application made by 9800 Metcalf Ave Holding, LLC. The Planning Commission denied this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. REZ1971-00016)

 Staff Report

 Maps

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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