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City of Overland Park

Mayor and Council

 

Monday, October 4, 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.

Consideration of Substantial Amendment to the Community Development Block Grant Fiscal Year 2020-2024 Consolidated Plan for a Sudden Opportunity Project:

 

         Resolution No. 4731 - Approving a substantial amendment to the City's Community Development Block Grant FFY 2020-2024 Consolidated Plan for a Sudden Opportunity Project and its submission to the Department of Housing and Urban Development.

 Committee Report to Council - Html

 Resolution No. 4731

 

MAYOR CARL R. GERLACH

 

 

2.

Proclamation - Proclaiming October 2021 as Domestic Violence Awareness Month in Overland Park.

 Proclamation

 

3.

Reappointments to the Business Improvement District Advisory Board:

         Dale Griffin - Term 11-01-2021 to 11-01-2023

         Hal Shapiro - Term 11-01-2021 to 11-01-2023

 Reappointments to the Business Improvement District Advisory Board

 

4.

Reappointments to the Code Board of Appeals:

         Anna Randazzo - Term 12-01-2021 to 12-01-2024

         Darrell Stein - Term 12-01-2021 to 12-01-2024

         Jay Woodward - Term 12-01-2021 to 12-01-2024

 Reappointments to the Code Board of Appeals

 

5.

New Appointments to the Community Development Block Grant Advisory Committee:

         Inas Younis - Term 1-01-2020 to 12-31-2022

         Justin Howard - Term 1-01-2022 to 12-31-2024

 New Appointments to the CDBG Advisory Committee

 

6.

Reappointments to the Community Development Block Grant Advisory Committee:

         Bobby Brown - Term 1-01-2022 to 12-31-24

         Sara Prem - Term 1-01-2022 to 12-31-24

 Reappointments to the CDBG Advisory Committee

 

7.

New Appointment to the Environmental Advisory Council:

         Megan Parsons - Term 1-1-2022 to 12-31-2024

 New Appointment to Environmental Advisory Council

 

8.

Reappointments to the Environmental Advisory Council:

         Casandra Ford - Term 1-01-2022 to 12-31-2024

         Lindsay James - Term 1-01-2022 to 12-31-2024

         John Neuberger - Term 1-01-2022 to 12-31-2024

 Reappointments to the Environmental Advisory Council

 

9.

Reappointment to the Legacy of Greenery Committee:

         Larry Jiskra - Term 2-01-2022 to 2-1-2024

 Reappointment to the Legacy of Greenery Committee

 

10.

New Appointment to the Planning Commission:

         Radd Way - Term 11-15-2021 to 11-15-2024

 New Appointment to the Planning Commission

 

11.

Reappointments to the Planning Commission:

         Dave Hill - Term 11-15-2021 to 11-15-2024

         Steve Troester - Term 11-15-2021 to 11-15-2024

 Reappointments to the Planning Commission

 

COUNCIL PRESIDENT CURT SKOOG

 

 

CITY MANAGER BILL EBEL

 

 

12.

Waiver of Bid Process and Approval of Design-Build Agreement - Schneider Electric Buildings Americas, Inc., for the City Facility Energy Conservations Upgrade Project, with a guaranteed maximum price of $5,549,324 and guaranteed energy savings.

 Council Staff Report - Html

 Design-Build Agreement - Schneider Electric Buildings Americas, Inc.

 City Facility Energy Conservations Upgrade Project - Energy Savings Schedule [Project No. PB-2068]

 

 

CONSENT AGENDA

 

 

Public Works – Committee Report

 

 

13.

Bid Tabulation - 2021 Major Storm Sewer Repair with VF Anderson Builders, LLC, in the amount of  $962,566.

 Committee Report to Council - Html

 Bid Tabulation - 2021 Major Storm Sewer Repair [Project No. MS-1654]

 

Finance, Administration and Economic Development - Committee Report

 

 

14.

Juneteenth Holiday - Observation of Juneteenth as a City Holiday beginning in 2022.

 Committee Report to Council - Html

 

15.

Resolution No. 4742 - Establishing group health, dental, vision and long-term care benefits for retired former employees, former Governing Body members and eligible dependents.

 Committee Report to Council - Html

 Resolution No. 4742

 

16.

Resolution No. 4750 - Regarding the Municipal Court and Municipal Court Pro Tem compensation.

 Committee Report to Council - Html

 Resolution No. 4750

 

17.

First Amendment to Agreement – Thomas McGee, LC, for Third Party Administration Services for the City’s Self-Funded Workers’ Compensation Program, for the term of January 1, 2022, to January 1, 2023.

 Committee Report to Council - Html

 First Amendment to Agreement - Thomas McGee, LC

 

18.

Resolution No. 4744 - Rescinding resolution related to outdated legal and financial policies.

 Committee Report to Council - Html

 Resolution No. 4744

 

Finance, Administration and Economic Development - Staff Report

 

 

19.

Expenditure Ordinance No. 9B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for September 4 through September 17, 2021.

 Expenditure Ordinance No. 9B

 

 

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

 

 

21.

Ordinance No. FD-3342 - Authorizing the City to approve the execution and delivery of a Fire Service Agreement related to a merger of Johnson County Fire District No. 2 with the City and the provisions of Fire Services in territory currently served by Johnson County Fire District No. 2.

 Ordinance No. FD-3342

 

22.

Resolution No. 4751 - Rescinding resolution related to fire district services provided on behalf of Johnson County Fire District No. 2.

 Resolution No. 4751

 

Public Works – Committee Report

 

 

 

Jim Kite, Chair

Logan Heley, Vice Chair; Faris Farassati; Stacie Gram; Scott Hamblin; Curt Skoog

 

 

23.

2022 Infrastructure Maintenance Programs - Approving the planned expenditures as presented for the annual street maintenance program, traffic maintenance program and stormwater maintenance program.

 Committee Report to Council - Html

 2022 Maintenance Programs

 

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.

Ordinance No. B-3338 - Authorizing issuance of Federally Taxable Private Activity Bonds, Series 2021, in the principal amount not to exceed $35,500,000 for the purpose of financing the acquisition of construction materials, equipment and furnishings of a commercial facility and authorizing the execution of certain documents in connection with the issuance of the Bonds (Overland One - Building 3 Project).

 

Trust Indenture - Security Bank of Kansas City

Bond Purchase Agreement - 110th Street Development, LLC

Special Warranty Deed - 110th Street Development, LLC

Lease Agreement - 110th Street Development, LLC

Payment in Lieu of Taxes Agreement - 110th Street Development, LLC

 

 Council Staff Report - Html

 Ordinance No. B-3338

 Trust Indenture - Security Bank of Kansas City (Overland One, Building 3 Project)

 Bond Purchase Agreement - 110th Street Development, LLC (Overland One, Building 3 Project)

 Special Warranty Deed - 110th Street Development, LLC (Overland One, Building 3 Project)

 Lease Agreement - 110th Street Development, LLC (Overland One, Building 3 Project)

 PILOT Agreement -110th Street Development, LLC (Overland One, Building 3 Project)

 Summary of PILOT Agreement (Overland One, Building 3 Project)

 

25.

Ordinance No. CID-3341 - Discontinuing collection of the northwest corner of West 115th Street and Nall Community Improvement District Sales Tax effective April 1, 2022, and providing for continuation of the collection of that Community Improvement District Sales Tax effective April 1, 2023.  (NWC 115th Street and Nall Avenue CID)

 Committee Report to Council - Html

 Ordinance No. CID-3341

 Petition to Delay NWC 115th Street and Nall Avenue CID Sales Tax Collection

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

26.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00051 - 9701 Metcalf. Application made by Box Development, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 8 to 0. (Related Case No. PLT2021-00050)

 Staff Report

 Maps

 

27.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00054 - Mission Ranch South Sixth Plat - Vicinity of the northwest corner of 159th Street and Mission. Application made by Mission Road Partners, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. (Related Case No. PLT2019-00032)

 Staff Report

 Maps

 

28.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00055 - Wilshire Hills, Second Plat - Vicinity of the southwest corner of 167th Street and Antioch. Application made by Wilshire by the Lake, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. (Related Case No. PLT2019-00034)

 Staff Report

 Maps

 

29.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00056 - Homes at Wolf Creek, Second Plat - Vicinity of the southwest corner of 175th Street and Pflumm. Application made by Mission Peak Capital. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. (Related Case No. PLT2021-00006)

 Staff Report

 Maps

 

30.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00057 - Red Fox Run at Sundance Ridge, Third Plat - 175th Street and State Line. Application made by Sundance, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. (Related Case No. PLT2015-00041)

 Staff Report

 Maps

 

31.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00058 - Wolf Creek Plaza First Plat - Vicinity of the southwest corner of 175th Street and Pflumm. Application made by Pflumm 175th Investors, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. (Related Case No. PLT2021-00006)

 Staff Report

 Maps

 

32.

Revised Preliminary Plan No. PDP2021-00029 - Aspiria - Vicinity of the northwest corner of 119th Street and Nall. Application made by OPS-KC, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 8 to 0. (Related Case No. REZ2020-00009)

 Staff Report

 Maps

 

33.

Certificate of Conformity No. DEV2021-00075 - Overland Park Veterinary Center - 8120 Santa Fe Drive. Application made by Overland Park Veterinary Center. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0.

 Staff Report

 Maps

 

34.

Special Use Permit No. SUP2021-00020 - 9220 Foster. A special use permit is requested for a two-year period of time to allow renewal of a temporary commercial use. This property is currently zoned R-3, Garden Apartment District. Application made by NFI Management. The Planning Commission approved this item on September 13, 2021, for a two-year period of time, by a vote of 8 to 0. Ordinance No. Z-4165

 Staff Report

 Maps

 Ordinance No. Z-4165

 Criteria for Rezonings and Special Use Permits

 

35.

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 September 13, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4166

 Staff Report

 Maps

 Ordinance No. Z-4166

 Criteria for Rezonings and Special Use Permits

 

36.

Special Use Permit No. SUP2021-00022 - 10203 Metcalf. 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-O, Planned Office Building. Application made by American Tower. The Planning Commission approved this item on September 13, 2021, for a 10-year period of time, by a vote of 9 to 0. Ordinance No. Z-4167

 Staff Report

 Maps

 Ordinance No. Z-4167

 Criteria for Rezonings and Special Use Permits

 

37.

Special Use Permit No. SUP2021-00027 - 6855 West 152nd Terrace. A special use permit is requested for a five-year period of time to allow a recreational facility. This property is currently zoned IP-1J, Planned Light Industrial District. Application made by Kansas City Athletic Cheer. The Planning Commission approved this item on September 13, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4168

 Staff Report

 Maps

 Ordinance No. Z-4168

 Criteria for Rezonings and Special Use Permits

 

38.

Special Use Permit No. SUP2021-00028 - 5011 Antioch. A special use permit is requested for a two-year period of time to allow renewal of an automotive restoration business. This property is currently zoned M-1, Industrial Park District. Application made by Ray Boyles' Corvette Village. The Planning Commission approved this item on September 13, 2021, for a two-year period of time, by a vote of 9 to 0. Ordinance No. Z-4169

 Staff Report

 Maps

 Ordinance No. Z-4169

 Criteria for Rezonings and Special Use Permits

 

39.

Special Use Permit No. SUP2021-00029 - 4615 Indian Creek Parkway. 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 Wright Holdings Group, LLC. The Planning Commission approved this item on September 13, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4170

 Staff Report

 Maps

 Ordinance No. Z-4170

 Criteria for Rezonings and Special Use Permits

 

40.

Rezoning No. REZ2021-00010 - Birchwood Villas II - Vicinity of the southwest corner of 143rd Street and US 69 Highway. Rezoning is requested from R-1, Single-Family Residential, and RP-3, Planned Garden Apartment District, to  RP-3, to allow the continuation of an existing multi-family development. Application made by 143rd Investments II, LLC. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. Ordinance No. Z-4162

 Staff Report

 Maps

 Ordinance No. Z-4162

 Criteria for Rezonings and Special Use Permits

 

41.

Rezoning No. REZ2021-00015 - 9500 West 175th Street. Rezoning is requested from RUR-J, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow development for single-family residential. Application made by John Geer Custom Homes, Inc. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. Ordinance No. Z-4163

 Staff Report

 Maps

 Ordinance No. Z-4163

 Criteria for Rezonings and Special Use Permits

 

42.

Rezoning No. REZ2021-00016 - 7900 West 179th Street. Rezoning is requested from PRB-2J, Planned Neighborhood Retail Business District, Johnson County to RE, Residential Estates District, to allow the applicant to construct a second detached accessory structure. Application made by Desmond. The Planning Commission approved this item on September 13, 2021, by a vote of 9 to 0. Ordinance No. Z-4164

 Staff Report

 Maps

 Ordinance No. Z-4164

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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