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City of Overland Park

Mayor and Council

 

Monday, November 1, 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 Coronavirus (CDBG-CV) Fiscal Year 2020-2024 Consolidated Plan:

 

Resolution No. 4746 - Approving a substantial amendment to the City's Community Development Block Grant Coronavirus (CDBG-CV) FFY 2020-2024 Consolidated Plan and its submission to the Department of Housing and Urban Development.

 Committee Staff Report - Html

 Resolution No. 4746

 Proposed Amendment to FFY2020-2024 Consolidated Plan

 

MAYOR CARL R. GERLACH

 

 

2.

New Appointment to the Legacy of Greenery Committee:

 

         James Dunn - Term 11-01-2021 to 2-01-2023

 New Appointment to the Legacy of Greenery Committee

 

3.

New Appointment to the Independent Citizen Advisory Board Regarding Racial Profiling and Non-Biased Policing:

 

         Fred Jones, Sr. - Term 5-15-2021 to 5-15-2025

 New Appointment to Independent Citizen Advisory Board

 

4.

Report from the City Manager Executive Search Firm Screening and Selection Committee.

 Report from the City Manager Executive Search Firm Screening and Selection Committee

 

COUNCIL PRESIDENT CURT SKOOG

 

 

5.

Presentation of E.A. Mosher Excellence in Local Government Award to Mayor Carl Gerlach - Erik Sartorius, Executive Director, League of Kansas Municipalities.

 

6.

Report from the Committee-of-the-Whole Meeting Held November 1, 2021:

 

         2022 Kansas Legislative Program

         2022 National Legislative Program

 

CITY MANAGER BILL EBEL

 

 

 

CONSENT AGENDA

 

 

Public Works – Committee Report

 

 

7.

Approve Selection and Authorization to Enter into Agreement - MegaKC, for construction manager at risk pre-construction services for the Blue Valley Maintenance Facility Fuel System Replacement project, in an amount not to exceed $6,000.

 Committee Report to Council - Html

 Agreement - MegaKC [Project No. MB-2025]

 

8.

2024-2026 Neighborhood Streets Reconstruction Program - Approving the selection of Wycliff subdivisions, which includes approximately 9 lane miles of residential streets in the vicinity of the southwest corner of 103rd and Antioch, to be included in the Neighborhood Streets Reconstruction Program.

 Committee Report to Council - Html

 2024-2026 NSRP Project Locations Map

 

9.

Consultant Selection and Authorization to Enter into Agreement - TREKK Design Group, LLC, for construction observation services for the 2021 Storm Drainage Improvements, 101st and Connell to Knox Drive, in an amount not to exceed $361,361.50.

 Committee Report to Council - Html

 Agreement - TREKK Design Group [Project No. SD-1653]

 

10.

Bid Tabulation - VF Anderson Builders, LLC, for the 2021 Storm Drainage Improvements, 101st Street and Connell to Knox Drive, in the amount of $3,986,528.10.

 Committee Report to Council - Html

 Bid Tabulation - 2021 Storm Drainage Improvements [Project No. SD-1653]

 

11.

Waive Bid Process and Authorize City Manager to Enter into Agreement - G-B Construction, LLC, for the 2021-2022 Snow and Ice Control Services Area Routes.

 Committee Report to Council - Html

 Agreement - GB Construction, LLC

 

12.

Waive Bid Process and Authorize City Manager to Enter into Agreement - G-B Construction, LLC, for the 2021-2022 Snow and Ice Control Services for Cul-de-Sac Routes and Facilities.

 Committee Report to Council - Html

 Agreement - GB Construction, LLC

 

Finance, Administration and Economic Development - Committee Report

 

 

13.

Waiver of Bid Process and Approval of Subrecipient Agreement - Community Capital Fund, to provide funding assistance to small businesses in an amount not to exceed $3,000,000 funded with American Rescue Plan Funds.

 Committee Report to Council - Html

 ARPA Subrecipient Agreement - Community Capital Fund

 

14.

Waiver of Bid Process and Authorization to Negotiate a Design-Build Agreement - Schneider Electric Buildings Americas, Inc., for the Overland Park Convention Center LED Lighting Conversion Project, with a guaranteed maximum price not to exceed $2.9 million and guaranteed energy savings.

 Committee Report to Council - Html

 

15.

Resolution No. 4743 – Approving the execution and delivery of an Agreement to Release and Assign the City's Opioid Claims to the Kansas Attorney General.

 

         Agreement to Release and Assign Opioid Litigation Claims - Attorney General of the State of Kansas.

 Committee Report to Council - Html

 Resolution No. 4743

 Agreement to Release and Assign Opioid Litigation Claims - Attorney General of the State of Kansas

 

16.

Resolution No. 4753 - Establishing Council and Committee Procedures.

 Committee Report to Council - Html

 Resolution No. 4753

 

17.

Resolution No. 4752 - Establishing Rules, Procedures and Protocol for Plural Authorities.

 Committee Report to Council - Html

 Resolution No. 4752

 

18.

2022 Annual Calendar of Meetings -  City Council, Goal Area Committees and Boards, Commissions and other Plural Authorities.

 Committee Report to Council - Html

 2022 Annual Calendar of Meetings

 

Finance, Administration and Economic Development - Staff Report

 

 

19.

Council Minutes - July 12, 2021.

 

20.

Confirmation of Investments.

 Confirmation of Investments

 

21.

Expenditure Ordinance No. 10B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for October 2 through October 15, 2021.

 Expenditure Ordinance No. 10B

 

 

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

 

 

23.

Ordinance No. TF-3344 - Granting to WANSecurity, Inc., a contract franchise to construct, operate and maintain a telecommunications system in the City and prescribing the terms of said contract franchise.

 Committee Report to Council - Html

 Ordinance No. TF-3344

 

24.

Right-of-Way Agreement – DirectTV, LLC, establishing the rights and responsibilities for use of the City’s right-of-way.

 Committee Report to Council - Html

 AT&T Notice of Transfer to DirectTV, LLC

 Agreement - DirectTV, LLC

 

25.

Authorization of Letter - DirectTV, LLC, to require a video service provider fee, compliance with minimum customer service requirements, and implementation of process for receiving requests for service.

 Committee Report to Council - Html

 Proposed Letter - DirectTV, LLC, Video Service Provider Fee

 

Finance, Administration and Economic Development - Staff Report

 

 

 

Deputy City Manager

Kristy Cannon Stallings

 

 

26.

Approval of Investment and Cash Management Policy.

 Council Staff Report - Html

 2021 Investment and Cash Management Policy

 

 

ECONOMIC DEVELOPMENT PUBLIC-PRIVATE PARTNERSHIP PROJECTS

 

 

Economic Development Public-Private Partnership Projects - Regular Agenda

 

 

27.

Ordinance No. RD- 2663,B - Terminating the Redevelopment District generally located at the northwest corner of West 80th Street and Marty, terminating the Redevelopment Project Plan for the Market Lofts Redevelopment TIF Project.  (Market Lofts Redevelopment TIF Project).

 Committee Report to Council - Html

 Ordinance No. RD-2663,B

 

28.

Resolution No. 4761 – Authorizing the Termination of an Amended and Restated Redevelopment Agreement relating to an economic development project located at the northwest corner of West 80th Street and Marty. (Market Lofts Redevelopment TIF Project).

 Committee Report to Council - Html

 Resolution No. 4761

 

29.

Ordinance No. REP-3347 -  Repealing Ordinance No. TDD-2789 and Ordinance No. TDD-2789,A, and Terminating the Village of St. Andrews Transportation Development District generally located on the northwest corner of 133rd Street and Melrose Lane. (Village of St. Andrews Transportation Development District).

 Committee Report to Council - Html

 Ordinance No. REP-3347

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

30.

Special Event Permit No. SEP2021-00376 - 7935 Santa Fe Drive. A special event permit is requested on November 19, 2021, to allow the Mayor’s Holiday Festival. Application made by Angie Mutti, representing the Downtown Overland Park Partnership.

 Staff Report

 Maps

 

31.

Special Event Permit No. SEP2021-00434 - 6000 College Boulevard. A special event permit is requested from January 1, 2022, through December 31, 2022, to allow an annual permit for promotional events and detached promotions. Application made by Ashley Flagler, representing the Overland Park Convention Center.

 Staff Report

 SEP2021-00434-lgk-maps-cc_redacted

 

32.

Special Event Permit No. SEP2021-00476 - 8909 West 179th Street. A special event permit is requested from November 26, 2021, through December 18, 2021, to allow a holiday luminary walk. Application made by Katharine Garrison, representing the Overland Park Arboretum and Botanical Gardens.

 Staff Report

 Event Details and Maps

 

33.

Special Event Permit No. SEP2021-00485 - 10103 Metcalf. A special event permit is requested from November 19, 2021, through January 1, 2022, to allow a holiday lighting display and detached signs. Application made by Brooke Fechter, representing Altasciences.

 Staff Report

 Maps

 

34.

Special Event Permit No. SEP2021-00486 - 10100 Metcalf. A special event permit is requested from November 19, 2021, through January 1, 2022, to allow detached signs. Application made by Emmanuel Baptist Church.

 Staff Report

 Maps

 

35.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00052 - Birchwood Villas Second Plat - Vicinity of the southwest corner of 143rd Street and U.S. 69 Highway. Application made by 143rd Investments II, LLC. The Planning Commission approved this item on October 11, 2021, by a vote of 8 to 0. (Related Case No. PLT2021-00041)

 Staff Report

 Maps

 

36.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00060 - 95Metcalf Eighth Plat - Vicinity of the southeast corner of 95th Street and Metcalf. Application made by 95Metcalf Properties, Inc. The Planning Commission approved this item on October 11, 2021, by a vote of 9 to 0. (Related Case No. PLT2016-00051)

 Staff Report

 Maps

 

37.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00065 - Johnson Residence - 9500 West 175th Street. Application made by John Geer Custom Homes, Inc. The Planning Commission approved this item on October 11, 2021, by a vote of 8 to 0. (Related Case No. PLT2021-00064)

 Staff Report

 Maps

 

38.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00067 - 151 Lamar - 6325 West 151st Street. Application made by Lamar 151 Partners, LLC. The Planning Commission approved this item on October 11, 2021, by a vote of 9 to 0. (Related Case No. PLT2021-00029)

 Staff Report

 Maps

 

39.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00068 - UMB at Metcalf Replat - Vicinity of the southwest corner of 80th Street and Metcalf. Application made by UMB Bank NA. The Planning Commission approved this item on October 11, 2021, by a vote of 9 to 0. (Related Case No. PLT2008-00065)

 Staff Report

 Maps

 

40.

Revised Preliminary Plan No. PDP2021-00032 - 10175 West 159th Street - 10175 West 159th Street. Application made by Nick Biby. The Planning Commission approved this item on October 11, 2021, by a vote of 9 to 0. (Related Case No. REZ2017-00104)

 Staff Report

 Maps - Site

 Maps - Architecture

 

41.

Certificate of Conformity No. DEV2021-00083 - Bluebird Montessori - 8124 Floyd. Application made by Collins Webb Architecture. The Planning Commission approved this item on October 11, 2021, by a vote of 8 to 0.

 Staff Report

 Maps and Deviation Requests

 

42.

Special Use Permit No. SUP2021-00024 - 7880 Mastin. A special use permit is requested for a five-year period of time to allow renewal of an outdoor advertising sign. This property is currently zoned MP-1, Planned Industrial Park District. Application made by Outfront Media. The Planning Commission approved this item on October 11, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4173

 Staff Report

 Maps

 Ordinance No. Z-4173

 Criteria for Rezonings and Special Use Permits

 

43.

Special Use Permit No. SUP2021-00025 - Vicinity of the southwest corner of Merriam Drive and Interstate 635. A special use permit is requested for a five-year period of time to allow renewal of an outdoor advertising sign. This property is currently zoned MP-2, Planned General Industrial District. Application made by Outfront Media. The Planning Commission approved this item on October 11, 2021, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4174

 Staff Report

 Maps

 Ordinance No. Z-4174

 Criteria for Rezonings and Special Use Permits

 

44.

Special Use Permit No. SUP2021-00030 - 7612 West 80th Street. A special use permit is requested for a 10-year period of time to allow renewal of an event space. This property is currently zoned DFD, Downtown Form District. Application made by Lauri Meyers. The Planning Commission approved this item on October 11, 2021, for a 10-year period of time, by a vote of 9 to 0. Ordinance No. Z-4175

 Staff Report

 Maps

 Ordinance No. Z-4175

 Criteria for Rezonings and Special Use Permits

 

45.

Special Use Permit No. SUP2021-00031 - 12503 Hemlock. A special use permit is requested for a 10-year period of time to allow renewal of an athletic/recreation facility. This property is currently zoned MP-1, Planned Industrial Park District. Application made by Zimmerman Construction Company, Inc. The Planning Commission approved this item on October 11, 2021, for a 10-year period of time, by a vote of 9 to 0. Ordinance No. Z-4176

 Staff Report

 Maps

 Ordinance No. Z-4176

 Criteria for Rezonings and Special Use Permits

 

46.

Special Use Permit No. SUP2021-00033 - 7301 West 151st Street. 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 First Watch Restaurants, Inc. The Planning Commission approved this item on October 11, 2021, for a three-year period of time, by a vote of 9 to 0. Ordinance No. Z-4177

 Staff Report

 Maps

 Ordinance No. Z-4177

 Criteria for Rezonings and Special Use Permits

 

47.

Special Use Permit No. SUP2021-00034 - 12040 Blue Valley Parkway. 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 First Watch Restaurants, Inc. The Planning Commission approved this item on October 11, 2021, for a three-year period of time, by a vote of 9 to 0. Ordinance No. Z-4178

 Staff Report

 Maps

 Ordinance No. Z-4178

 Criteria for Rezonings and Special Use Permits

 

48.

Special Use Permit No. SUP2021-00035 - 5100 Indian Creek Parkway. A special use permit is requested for an indefinite period of time to allow the expansion of a rehabilitation hospital. This property is currently zoned CP-O Planned Office Building District. Application made by HCII 5100 Indian Creek Parkway LLC. The Planning Commission approved this item on October 11, 2021, for an indefinite period of time, by a vote of 9 to 0. Ordinance No. Z-4179

 Staff Report

 Maps

 Ordinance No. Z-4179

 Criteria for Rezonings and Special Use Permits

 

49.

Rezoning No. REZ2021-00019 - 17165 Quivira. Rezoning is requested from RUR-J, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow a single-family subdivision. Application made by Matt Adam Development Company. The Planning Commission approved this item on October 11, 2021, by a vote of 9 to 0. Ordinance No. Z-4172

 Staff Report

 Maps

 Ordinance No. Z-4172

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

50.

Utility Easement Vacation No. VAC2021-00002 - QuikTrip - 9100 West 135th Street. Application made by QuikTrip. Ordinance No. VAC-3334 (Continued from the September 13, 2021, City Council meeting.)

 

         The applicant requests continuance to the December 6, 2021, City Council meeting.

 Staff Report

 

51.

Rezoning No. REZ2021-00017 - Vicinity of the northwest corner of 137th Street and Quivira. Rezoning is requested from RP-5, Planned Apartment District, to RP-6, Planned High-Rise Apartment District, to allow a new multi-family development. Application made by Park 280, LLC. The Planning Commission denied this item on October 11, 2021, by a vote of 9 to 0. Ordinance No. Z-4171

 Staff Report

 Maps - Site Plans

 Maps - Building Elevations and Deviation Request

 Neighborhood Meeting Minutes

 Ordinance No. Z-4171

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

52.

Executive Session - To discuss a lawsuit pending in the Johnson County County District Court captioned Jarod Busch individually, as Next Friend of Karsyn Busch, as Next Friend of Chesnee Busch, as Special Administrator of the Estate of Nicole Busch v. the City of Overland Park, et al,  Case No. 21CV00905, pursuant to the exception for consultation with attorneys for the City which would be deemed privileged in the attorney/client relationship.

 

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