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City of Overland Park

Mayor and Council

 

Monday, July 12, 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.

Presentation of Mid-America Regional Council Regional Leadership Award - Bill Ebel for leadership of the Regional Homeland Security Coordinating Committee.

 

2.

Presentation of Legacy of Greenery Committee 2021 Canopy Street of Excellence Award:

 

         101st Street, Hemlock Drive to Hardy

 

3.

Proclamation - Proclaiming July 2021, to be Parks and Recreation Month in Overland Park.

 Proclamation

 

4.

Reappointments to the Legacy of Greenery Committee:

 

         Terry Happer-Scheier - Term 10-03-2021 to 10-02-2023

         AliceLee Hollister - Term 11-07-2021 to 11-07-2023

         Linda Patterson - Term 11-07-2021 to 11-07-2023

         Steve Smalley - Term 11-07-2021 to 11-07-2023

         Janie Thacker - Term 10-03-2021 to 10-02-2023

 Reappointment to Legacy of Greenery Committee

 

COUNCIL PRESIDENT CURT SKOOG

 

 

5.

Report from the Committee-of-the-Whole Meeting Held July 12, 2021 - 2022 Proposed Budget.

 

CITY MANAGER BILL EBEL

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

6.

Resolution No. 4715 - Approving the Donor Recognition Plan for the Arboretum Visitor Center.

 Committee Report to Council - Html

 Resolution No. 4715

 

7.

Bid Tabulation - Strang Park Improvements, with B. Dean Construction, in the amount of $2,924,200.

 Committee Report to Council - Html

 Bid Tabulation - Strang Park Improvements

 Detailed Bid Tabulation - Strang Park Improvements

 

8.

Replacement Playground Structure - Athco, LLC, for the purchase of a new playground for Strang Park, in an amount not to exceed $525,000.

 Committee Report to Council - Html

 

9.

2021 Parks and Recreation Playground Replacement Program - For replacement of playground equipment with ABCreative at Roe Park, 10400 Roe; and Athco, LLC, at Cherokee Park, 8000 W. 91st Terrace; and Green Meadows Park, 15401 Beverly Court; in the budgeted amount of $230,000.

 Committee Report to Council - Html

 

10.

Resolution No. 4719 - Requesting that the Board of County Commissioners of Johnson County to make the required finding and determination to authorize the City to annex land pursuant to a Consent to Annexation for two separate but adjacent tracts consisting of approximately 28.8 acres, that are generally south of 183rd Street, east of Aberdeen as extended, north of 185th Terrace as extended, and west of the Kansas and Missouri State Line Road.

 Committee Report to Council - Html

 Resolution No. 4719

 Attachment No. 1: Consent to Annexation

 Attachment No. 2: Exhibit A - Vicinity Map

 Attachment No. 2: Exhibit B - Aerial Map

 Attachment No. 2: Exhibit C - Zoning Map

 Attachment No. 2: Exhibit D - Land Use Map

 Attachment No. 2: Exhibit E - County Proposed Future Land Use Map

 Attachment No. 2: Exhibit F - Topography Map

 Attachment No. 2: Exhibit G - Excerpt from 2008 Agreement with Johnson County Fire District No. 2

 

11.

Resolution No. 4720 – Setting a public hearing for July 11, 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 9136 Farley Lane.

 Committee Report to Council - Html

 Resolution No. 4720

 Photos - Unsafe and Dangerous Structure

 

12.

Resolution No. 4721 - Enlargement of Consolidated Sewer District located in the vicinity of 175th Street and Pflumm.

 Committee Report to Council - Html

 Resolution No. 4721

 Letter of Request and Location Map

 

Community Development - Staff Report

 

 

13.

Resolution No. 4637,A - Increasing the estimated cost and authorizing the issuance of additional General Obligation bonds to pay the costs of the construction of the Arboretum Visitor Center Phase 1.

 Resolution No. 4637, A

 

Public Works – Committee Report

 

 

14.

Traffic Calming Project - Authorizing the installation of four speed humps on 67th Street, between Metcalf and Lamar, in the estimated amount of $2,500.

 Committee Report to Council - Html

 

Public Works – Staff Report

 

 

15.

Ordinance No. CON-3330 - Authorizing and providing for the acquisition of lands or interests therein by condemnation for the reconstruction of Switzer, 159th Street to 167th Street, in the City.

 Ordinance No. CON-3330 [Project No. TH-1836]

 

16.

Resolution No. 4723 - Declaring it necessary to appropriate private property for the use of the City for the replacement of stormwater infrastructure, 2021 Major Storm Sewer Repair, in the City.

 Resolution No. 4723 [Project No. MS-1654]

 

Finance, Administration and Economic Development - Staff Report

 

 

17.

Council Minutes - March 15, April 5 and May 3, 2021.

 

18.

Expenditure Ordinance No. 6B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for June 10 through June 23, 2021.

 Expenditure Ordinance No. 6B

 

 

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

 

 

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

 

 

20.

Ordinance No. SWU-3333 - Amending the storm water utility user fee on residential and non-residential property in the City.

 Council Staff Report - Html

 Ordinance No. SWU-3333

 

21.

Agreement  - Black and Veatch Corporation for engineering and architectural services for the Public Works Infrastructure Program Assessment project, in an amount not to exceed $192,200.

 Council Staff Report - Html

 Agreement - Black & Veatch Corporation [Project No. ST-2800]

 

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

 

 

22.

Resolution No. 4724 - Approving the execution and delivery of an Amended and Restated Trust Indenture and an Amended and Restated Lease and further authorizing additional related actions in connection with the City’s Federally Taxable Private Activity Revenue Bonds, Series 2020 (CityPlace Corporate Centre I (Parcel VIII) EDRB Project).

 

         Amended and Restated Trust Indenture – Between the City and BOKF, N.A.

         Amended and Restated Lease – CityPlace Corporate Centre I Investors, LLC.

         Release of Base Lease – By the City of Overland Park to CityPlace Corporate Centre I Investors, LLC; 5800 Stillwell BI SPE, LLC; Perg BI SPE, LLC; and LOICP I, LLC.

         Release of Guaranty Agreement - Burlington Associates, LLC.

         Acknowledgement of Assignment and Assumption of Payment-in-Lieu-of-Taxes Agreement – By and among CityPlace Corporate Centre I Investors, LLC; 5800 Stillwell BI SPE, LLC; Perg BI SPE, LLC; and LOICP I, LLC.

 

 Council Staff Report - Html

 Resolution No. 4724

 Amended and Restated Trust Indenture - BOKF, N.A.

 Amended and Restated Lease - CityPlace Corporate Centre I Investors, LLC

 Release of Base Lease - CityPlace Corporate Centre I Investors, LLC. et. al.

 Release of Guaranty Agreement - Burlington Associates, LLC.

 Acknoweldgement of Assignment and Assumption - CityPlace Corporate Centre I Investors, LLC. et. al.

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

23.

Special Event Permit No. SEP2021-00259 - 10103 Metcalf. A special event permit is requested to allow two mobile offices for COVID-19 testing from July 12, 2021 through January 3, 2022. Application made by Paul Watson, representing Altasciences.

 Staff Report

 Maps

 

24.

Special Event Permit No. SEP2021-00305 - 9520 Metcalf. A special event permit is requested from July 1 through September 30, 2021, to allow a temporary patio area in the parking lot. Application made by Michael Needham, representing Fiorella’s Jack Stack Barbecue.

 Staff Report

 Maps

 

25.

Special Event Permit No. SEP2021-00306 - 5454 West 110th Street. A special event permit is requested from August 1, 2021 through August 1, 2022, to allow a window cling banner. Application made by Dan Motush of Infinity Sign Systems, representing Creative Planning.

 Staff Report

 Maps

 

26.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00032 - Century Farms Fourth Plat - Vicinity of the southeast corner of 167th Street and Pflumm. Application made by Century Farms Development, LLC. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. (Related Case No. PLT2018-00049)

 Staff Report

 Maps

 

27.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00033 - Mission Farms West Sixth Plat - Vicinity of the northwest corner of 105th Street and Mission. Application made by the Barbara Sutherland Trust. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. (Related Case No. PLT2019-00057)

 Staff Report

 Maps

 

28.

Revised Preliminary Plan No. PDP2021-00013 - Overland Crossing - Vicinity of the southwest corner of 119th Street and Metcalf. Application made by Legacy Development. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. (Related Case No. REZ1994-00030)

 Staff Report

 Map 1

 Map 2

 

29.

Special Use Permit No. SUP2021-00007 - 6800 West 91st Street. 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 Overland Park Racquet Club. The Planning Commission approved this item on June 14, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4152

 Staff Report

 Maps

 Ordinance No. Z-4152

 Criteria for Rezonings and Special Use Permits

 

30.

Rezoning No. REZ2021-00008 - Vicinity of the southwest corner of 95th Street and Mission. Rezoning is requested from C-1, Restricted Business District, to CP-1, Planned Restricted Business District, to allow a two-building development with an ATM drive-thru. Application made by 4C Mission, LLC. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. Ordinance No. Z-4150

 Staff Report

 Maps - Site Plans

 Maps - Elevations 1

 Maps - Elevations 2

 Neighborhood Meeting Minutes

 Ordinance No. Z-4150

 Criteria for Rezonings and Special Use Permits

 

31.

Rezoning No. REZ2021-00009 - Vicinity of the southeast corner of 97th Street and Metcalf. Rezoning is requested from CP-2, Planned General Business District, and RP-6, Planned High-Rise Apartment District, to CP-2, to allow commercial development. Application made by Klover Architects, Inc. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. Ordinance No. Z-4151

 Staff Report

 Maps

 Ordinance No. Z-4151

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

32.

Utility Easement Vacation No. VAC2021-00001 - John Diemer Elementary - 9600 Lamar. Application made by BHC Rhodes. Ordinance No. VAC-3325

 Staff Report

 Maps

 Ordinance No. VAC-3325

 

33.

Sign Deviation No. DEV2021-00038 - Kompass Kapital Plaza - 9800 Metcalf. Application made by Rouse Frets White Goss Gentile Rhodes, P.C. The Planning Commission denied this item on May 10, 2021, by a vote of 11 to 0. (Related Case No. REZ1971-00016) (Continued from the June 7, 2021 City Council meeting.)

 Staff Report

 Maps

 

34.

Rezoning No. REZ2021-00006 - 6325 West 151st Street. Rezoning is requested from A-J, Agricultural District, Johnson County, to RP-3, Planned Garden Apartment District, to allow a multi-family development. Application made by Lamar 151 Partners LLC. The Planning Commission approved this item on June 14, 2021, by a vote of 9 to 0. Ordinance No. Z-4149

 Staff Report

 Maps

 Neighborhood Meeting Minutes

 Ordinance No. Z-4149

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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