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City of Overland Park

Mayor and Council

 

Monday, September 13, 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

 

 

1.

Intent to Exceed Revenue Neutral Rate - 2022 Budget

 

         Resolution No. 4740 - Approving the levy of a property tax rate exceeding the Revenue Neutral Rate.

 Council Staff Report - Html

 Resolution No. 4740

 2022 Budget in Brief

 

2.

2022 Operating Budget.

 Council Staff Report - Html

 2022 Budget in Brief

 

3.

Consideration of Substantial Amendment to the Community Development Block Grant Coronavirus (CDBG-CV) Fiscal Year 2020-2024 Consolidated Plan:

 

         Resolution No. 4718 - Approving a substantial amendment to the City's Community Development Block Grant FFY 2020-2024 Consolidated Plan and its submission to the Department of Housing and Urban Development.

 Committee Report to Council - Html

 

MAYOR CARL R. GERLACH

 

 

4.

Presentation of $5,000,000 Contribution for LongHouse at the Arboretum - From the Arts and Recreation Foundation of Overland Park.

 

5.

Announcement - Formal Meeting of the Committee of the Whole to be held on Monday, October 4, 2021, at 6:15 p.m., in the Council Chamber of City Hall, 8500 Santa Fe Drive. The purpose of the meeting will be to discuss the results of the 2021 DirectionFinder Community Survey.

 

6.

Proclamation - Proclaiming September 12 through 18, 2021, as POW/MIA Recognition Week and September 17, 2021, as POW/MIA Recognition Day in Overland Park.

 Proclamation

 

7.

Reappointment to the Board of Zoning Appeals:

 

         Robert Whitman - Term 9-17-2021 to 9-17-2024

 Reappointment - Board of Zoning Appeals

 

8.

Reappointment to the Independent Citizen Advisory Board on Racial Profiling and Non-Biased Policing:

 

         Catalina Velarde - Term 5-5-2021 to 5-5-2025

         Michael Abrams - Term 5-5-2021 to 5-5-2025

 Reappointments - Independent Citizen Advisory Board on Racial Profiling and Non-Biased Policing

 

COUNCIL PRESIDENT CURT SKOOG

 

 

CITY MANAGER BILL EBEL

 

 

9.

Election of Eight Voting Delegates and Eight Alternate Voting Delegates - League of Kansas Municipalities' Annual Conference October 9-11, 2021.

 Council Staff Report - Html

 

10.

Designation of One Voting and Two Alternate Voting Delegates - National League of Cities City Summit, November 17-20, 2021.

 Council Staff Report - Html

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

11.

Resolution No. 4733 – Setting a public hearing for September 7, 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 12637 Grandview.

 Committee Report to Council - Html

 Resolution No. 4733

 Photos - Unsafe and Dangerous Structure

 

12.

Bid Tabulation - 2022-2025 Lease for Fleet Golf Carts and Player Assistant Carts, with Masek Golf Car Company, for the Sykes/Lady Overland Park and St. Andrew's Golf Club.

 Committee Report to Council - Html

 Bid Tabulation - Fleet Golf and Player Assistant Carts

 

13.

Resolution No. 4728 - Enlargement of Consolidated Main Sewer District located in the vicinity of 159th Street and Mission Road.

 Committee Report to Council - Html

 Resolution No. 4728

 Letter of Request and Location Map

 

14.

Resolution No. 4737 - Amending the previously approved common consumption area located in the vicinity of 8045 Santa Fe Drive, to allow the permit holder to operate a Common Consumption Area on September 24 and September 25, 2021.

 Committee Report to Council - Html

 Resolution No. 4737

 

15.

Authorizing the City Manager to Execute the Fiscal Year 2021 Community Development Block Grant (CDBG) Program Sub-Recipient Agreements:

 

Catholic Charities of Northeast Kansas, Inc. - To provide a Community Development Block Grant for short-term financial assistance for rent and utility payments for income eligible Overland Park households in the amount of $16,984.61.

 

Hillcrest Transitional Housing - To provide a Community Development Block Grant for short-term financial assistance for transitional housing and emergency assistance to income eligible households in the amount of $20,734.61.

 

Johnson County Interfaith Hospitality Network, Inc. - To provide a Community Development Block Grant for case management services to households experiencing homelessness who seek emergency shelter and services at the Overland Park emergency shelter in an amount not to exceed $9,484.61.

 

Johnson County Park and Recreation District - To provide a Community Development Block Grant for childcare assistance for summer day camp programs for low and moderate income Overland Park households in the amount of $15,109.61.

 

Safehome, Inc. - To provide a Community Development Block Grant for emergency moving and housing assistance,  including short-term rent and utility payments, rental and utility arrears, and one-time moving costs to income eligible Overland Park households in the amount of $15,109.61.

 

The Salvation Army - To provide a Community Development Block Grant for short-term financial assistance for rent and utilities in order to meet the basic needs of low income Overland Park households in the amount of $28,234.61.

 

YMCA of Greater Kansas City - To provide a Community Development Block Grant for childcare assistance for summer day camp or school programs for low and moderate income Overland Park households in the amount of $13,234.61.

 

Friends of JCDS, Inc. - To provide a Community Development Block Grant for accessibility and other improvements to group homes that provide housing to disabled Overland Park residents in the amount of $73,650.66.

 

Board of County Commissioners of Johnson County - To provide a Community Development Block Grant for minor home rehabilitation services for income-eligible Overland Park home owners in an amount not to exceed $120,349.34.

 Committee Report to Council - Html

 Agreement - Catholic Charities of Northeast Kansas, Inc.

 Agreement - Hillcrest Transitional Housing

 Agreement - Johnson County Interfaith Hospitality Network, Inc.

 Agreement - Johnson County Park and Recreation District

 Agreement - Safehome, Inc.

 Agreement - The Salvation Army

 Agreement - YMCA of Greater Kansas City

 Agreement - Friends of JCDS, Inc.

 Agreement - Johnson County, Kansas

 

16.

Change Order No. 2 - McCownGordon Construction, LLC, in the additional amount of $510,317.19 for the construction of the Overland Park Arboretum LongHouse project.

 Committee Report to Council - Html

 Change Order No. 2 - McCownGordon Construction, LLC

 

17.

Second Amendment to Agreement - Arts and Recreation Foundation of Overland Park, Inc., for funding the construction of the Visitor Center and surrounding improvements at the Overland Park Arboretum and Botanical Gardens.

 Committee Report to Council - Html

 Second Amendment to Agreement - ARFOP

 

Public Works – Committee Report

 

 

18.

Agreement - Olsson, Inc., for engineering and architectural services for the 2021 Preliminary Engineering Studies project in an amount not to exceed $140,755.

 Committee Report to Council - Html

 Agreement - Olsson, Inc. [Project No. SD-1741]

 

19.

Agreement - Affinis Corp., for engineering and architectural services for the 2022 Major Storm Sewer Repair project in an amount not to exceed $349,320.

 Committee Report to Council - Html

 Agreement - Affinis Corp. [Project No. MS-1739]

 

20.

Agreement - HNTB Corporation, for engineering and architectural services for the 2022 Storm Drainage Improvement, Knox Drive to 99th Terrace project, in an amount not to exceed $657,750.

 Committee Report to Council - Html

 Agreement - HNTB Corporation [Project No. SD-1740]

 

Public Works – Staff Report

 

 

21.

Resolution No. 4741 - Approving a deviation regarding designating and improving thoroughfares to provide for partial median breaks to accommodate left turns at Floyd, along northbound Metcalf and eastbound 143rd Street.

 Council Staff Report - Html

 Resolution No. 4741

 

Finance, Administration and Economic Development - Committee Report

 

 

22.

Renewal Addendum No. 7 - Delta Dental of Kansas, Inc., for the period January 1 to December 31, 2022.

 Committee Report to Council - Html

 Renewal Addendum No. 7 - Delta Dental of Kansas, Inc.

 

23.

Authorization to Negotiate a First Amendment to the Vision Insurance Policy Agreement - HM Life Insurance Company administered by Davis Vision, Inc., to extend the term and fees from January 1, 2022, through December 31, 2025.

 Committee Report to Council - Html

 

24.

Authorization to Negotiate a Second Amendment to the Amended and Restated Health Care Consultant Agreement - Mercer Health and Benefits, LLC, to extend its services and fees from May 1, 2022, through December 31, 2023, in the amount of $182,220.

 Committee Report to Council - Html

 

25.

Waive Bid Process and Authorization to Issue a Limited Request for Proposals - Overland Park Convention Center Roof Replacement Project.

 Committee Report to Council - Html

 

26.

Resolution No. 4729 - Approving Selective Site Consultant, Inc.'s, assignment to TVT I, LLC, of its rights and obligations under its telecommunication Franchise and its Master License Agreement for Attachment to City Facilities.

 Committee Report to Council - Html

 Resolution No. 4729

 

Finance, Administration and Economic Development - Staff Report

 

 

27.

Council Minutes - June 7, June 21, July 26, and August 2, 2021.

 

28.

Expenditure Ordinance No. 8B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for August 7 through August 20, 2021.

 Expenditure Ordinance No. 8B

 

29.

Expenditure Ordinance No. 9A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for August 21 through September 3, 2021.

 Expenditure Ordinance No. 9A

 

 

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

 

 

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

 

 

31.

Resolution No. 4738 - Approving the execution and delivery of an Eighth 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).

 

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

 Committee Report to Council - Html

 Resolution No. 4738

 Eighth Amendment to Promontory Redevelopment Agreement - Arbor Development, LLC

 

32.

Resolution No. 4739 - Authorizing the execution of an Estoppel Certificate for the benefit of CPC Mortgage Company, LLC, related to the Promontory Redevelopment Agreement for the economic development project within the City generally located at the northeast corner of 91st Street and Metcalf (Promontory Project).

 

         Estoppel Certificate - CPC Mortgage Company, LLC.

 Council Staff Report - Html

 Resolution No. 4739

 Estoppel Certificate - CPC Mortgage Company LLC (Promontory Project)

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

33.

Special Event Permit No. SEP2021-00357 - 6621 West 119th Street. A special event permit is requested from November 10, 2021, through January 10, 2022, to allow a refrigerated storage unit. Application made by Nick Zemler, representing Whole Foods.

 Staff Report

 Maps

 

34.

Special Event Permit No. SEP2021-00368 - 8909 West 179th Street. A special event permit is requested from September 24 through October 3, 2021, to allow Terra Luna, a walk-through art event. Application made by Katharine Garrison, representing the Overland Park Arboretum and Botanical Gardens.

 Staff Report

 Maps

 

35.

Special Event Permit No. SEP2021-00381 - 7540 West 135th Street. A special event permit is requested from October 20 through December 26, 2021, to allow a temporary banner. Application made by Chris Lopez of Mid-America Sign, LLC, representing La-Z-Boy Furniture.

 Staff Report

 Banner Details

 

36.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00031 - Homes at Wolf Creek, First Plat - Vicinity of the southwest corner of 175th Street and Pflumm. Application made by Mission Peak Capital. The Planning Commission approved this item on August 9, 2021, by a vote of 10 to 0. (Related Case No. PLT2021-00006)

 Staff Report

 Maps

 

37.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00049 - Archers Landing at Sundance Ridge, Third Plat - 175th Street and State Line. Application made by Sundance, LLC. The Planning Commission approved this item on August 9, 2021, by a vote of 10 to 0. (Related Case No. PLT2021-00028)

 Staff Report

 Maps

 

38.

Certificate of Conformity No. DEV2021-00062 - Mo' Bettahs Restaurant - 7006 West 75th Street. Application made by 75th Street Shops, LLC. The Planning Commission approved this item on August 9, 2021, by a vote of 10 to 0.

 Staff Report

 Maps

 

39.

Special Use Permit No. SUP2021-00014 - Vicinity of the northeast corner of 107th Street and Nall. A special use permit is requested for a 10-year period of time to allow renewal of a communications facility. This property is currently zoned CP-2, Planned General Business District. Application made by KGI Wireless. The Planning Commission approved this item on August 9, 2021, for a 10-year period of time, by a vote of 10 to 0. Ordinance No. Z-4161

 Staff Report

 Maps

 Ordinance No. Z-4161

 Criteria for Rezonings and Special Use Permits

 

40.

Special Use Permit No. SUP2021-00016 - 11802 Glenwood. A special use permit is requested for a 10-year period of time to allow renewal of a communications tower. This property is currently zoned CP-2, Planned General Business District. Application made by Crown Castle. The Planning Commission approved this item on July 12, 2021, for a 10-year period of time, by a vote of 9 to 0. Ordinance No. Z-4156. (Continued from the August 2, 2021, City Council meeting)

 Staff Report

 Maps

 Ordinance No. Z-4156

 Criteria for Rezonings and Special Use Permits

 

41.

Rezoning No. REZ2021-00011 - 10850 Lowell and 8205 West 108th Terrace. Rezoning is requested from CP-O, Planned Office Building District, and CP-2, Planned General Business District, to CP-O, to allow an office development. Application made by Cleveland University - Kansas City. The Planning Commission approved this item on August 9, 2021, by a vote of 10 to 0. Ordinance No. Z-4159

 Staff Report

 Maps

 Ordinance No. Z-4159

 Criteria for Rezonings and Special Use Permits

 

42.

Rezoning No. REZ2021-00012 - Vicinity of the northwest corner of 143rd Street and Metcalf. Rezoning is requested from CP-O, Planned Office Building District, to RP-6, Planned High-Rise Apartment District, to allow multi-family development. Application made by BK Properties, LLC. The Planning Commission approved this item on August 9, 2021, by a vote of 10 to 0. Ordinance No. Z-4160

 Staff Report

 Maps - Aerial and Vicinity

 Maps - Elevations

 Maps - Site Plans

 Ordinance No. Z-4160

 Criteria for Rezonings and Special Use Permits

 

43.

Unified Development Ordinance Amendment No. PLM2020-00072 - Amendment to Section 18.130.025 of the Unified Development Ordinance to update and revise the City’s Addressing Standards. The Planning Commission approved this item on December 14, 2020, by a vote of 10 to 0. Ordinance No. ZRR-3301

 Staff Report

 Appendix B

 City of Overland Park Address Standards

 Ordinance No. ZRR-3301

 

Planning Commission - Regular Agenda

 

 

44.

Special Use Permit No. SUP2021-00019 - 12180 West 135th Street. A special use permit is requested for a two-year period of time to allow a temporary commercial use for truck rental. This property is currently zoned BP, Business Park District. Application made by OP Self Storage, LLC. The Planning Commission approved this item on August 9, 2021, for a two-year period of time, by a vote of 10 to 0.

 

         Due to an error with the legal description, the Planning Commission action of August 9 will be rescinded. No Council action is required.

 Staff Report

 

45.

Special Use Permit No. SUP2021-00021 - 6800 West 138th Street. A special use permit is requested for a five-year period of time to allow renewal of a drinking establishment. This property is currently zoned CP-2, Planned General Business District. Application made by LTF Club Operations Company, Inc. The Planning Commission approved this item on August 9, 2021, for a five-year period of time, by a vote of 10 to 0.

 

         Due to an error with the legal description, the Planning Commission action of August 9 will be rescinded. No Council action is required.

 Staff Report

 

46.

Utility Easement Vacation No. VAC2021-00002 - QuikTrip - 9100 West 135th Street. Application made by QuikTrip. Ordinance No. VAC-3334

 Staff Report

 Maps

 Ordinance No. VAC-3334

 

47.

Revised Preliminary Plan No. PDP2021-00020 - 95Metcalf - Vicinity of the southeast corner of 95th Street and Metcalf. Application made by 95Metcalf Properties, Inc. The Planning Commission approved this item on August 9, 2021, by a vote of 8 to 2. (Related Case No. REZ2019-00004)

 Staff Report

 Maps

 

 

OLD BUSINESS

 

 

48.

Ordinance No. A-3328 - Incorporating and annexing into the limits and boundaries of the City of Overland Park certain land specifically described in the Ordinance that is not owned by the City, that is not at this time adjoining the City within the meaning of K.S.A. 12-520c.(b), and that is located in two separate but adjacent tracts consisting of approximately 28.8 acres, that are generally south of 183rd Street, east of Aberdeen Street as extended, north of 185th Terrace as extended, and west of the Kansas and Missouri State Line Road.

 Council Staff Report - Html

 Ordinance No. A-3328

 Resolution No. 4719

 Resolution No. 059-21

 

 

NEW BUSINESS

 

 

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