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City of Overland Park

Mayor and Council

 

Monday, March 7, 2022

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 Curt Skoog

Council President Paul Lyons

 

 

Thomas Carignan

Melissa Cheatham

Jeff Cox

Faris Farassati

Holly Grummert

Scott Hamblin

Logan Heley

Jim Kite

Scott Mosher

Sam Passer

Fred Spears

 

 

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.

Federal Fiscal Year 2021 Consolidated Annual Performance and Evaluation Report (CAPER) - Outlining the use of Community Development Block Grant (CDBG) funds during FFY2021.

 

Resolution No. 4774 - Approving the City's FFY 2021 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and its submission to the Department of Housing and Urban Development.

 Committee Report to Council - Html

 Resolution No. 4774

 2021 CDBG Consolidated Annual Performance Evaluation Report Draft

 Notice of Public Hearing - 2021 CAPER

 Committee Report to Council - Pdf

 

MAYOR CURT SKOOG

 

 

2.

Recognition of Councilmember Fred Spears - By David Warm, executive director, Mid-America Regional Council (MARC) Board of Directors.

 

COUNCIL PRESIDENT PAUL LYONS

 

 

3.

Report from the Committee-of-the-Whole Meeting Held March 7, 2022:

 

         2023-2027 Five-Year Financial Plan, Capital Improvements Program and Maintenance Program.

 

INTERIM CITY MANAGER KRISTY STALLINGS

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

4.

Temporary Public Art Placement on City-Owned Property - Approval of sculpture placements on city-owned property as part of the Parade of Hearts, A Heartland Celebration.

 Committee Report to Council - Html

 Attachment A - Heart Dimensions

 Attachment B - Parade of Hearts Project Presentation

 

5.

Resolution No. 4780 - Enlargement of Consolidated Main Sewer District located at 9031 Farley.

 Committee Report to Council - Html

 Resolution No. 4780

 Letter of Request and Location Map

 

Public Works – Committee Report

 

 

6.

Ordinance No. TR-3354 - Relating to truck routes in the City, providing a substitute provision to include 167th Street, Pflumm to Switzer; and Quivira, 159th Street to 179th Street.

 Committee Report to Council - Html

 Ordinance No. TR-3354

 Truck Route Map

 

7.

City-State Agreement 431-21 - Kansas Department of Transportation, for the construction of roadway improvements, at 167th Street, between Switzer and Antioch, in the estimated cost to the City of $7,790,970.

 Committee Report to Council - Html

 Agreement - Kansas Department of Transportation [Project No. TH-1914]

 

8.

Interlocal Agreement - City of Olathe, for public improvement of 143rd Street, Quivira to Switzer, as part of the ultra-thin bonded asphalt surface (UBAS) overlay and concrete repair project, with an estimated cost to Overland Park in the amount of $558,747.

 Committee Report to Council - Html

 Interlocal Agreement - City of Olathe [Project No. MR-2714]

 

9.

Interlocal Agreement - City of Olathe, for public improvement of 151st Street, Quivira to Switzer, as part of the ultra-thin bonded asphalt surface (UBAS) overlay and concrete repair project, with an estimated cost to Overland Park in the amount of $406,917.

 Committee Report to Council - Html

 Interlocal Agreement - City of Olathe [Project No. MR-2714]

 

10.

Bid Tabulation - Superior Bowen Asphalt Co., for the 2022 Street Improvement Project (UBAS), in the amount of $5,303,954.60.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Street Improvement Project (UBAS) [Project No. MR-2714]

 

11.

Bid Tabulation - Superior Bowen Asphalt Co., for the 2022 Street Improvement Project, Overlay, in the amount of $7,883,447.62.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Street Improvement Project Overlay [Project No. MR-2713]

 

12.

Bid Tabulation - Phoenix Concrete, LLC, for the 2022 Street Improvement Project, Concrete, in the amount of $2,113,093.41.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Street Improvement Project Concrete [Project No. MR-2715]

 

Finance, Administration and Economic Development - Staff Report

 

 

13.

Council Minutes - December 6 and December 20, 2021.

 

14.

Confirmation of Investments

 Confirmation of Investments

 

15.

Expenditure Ordinance No. 2A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for February 4 through February 17, 2022.

 Expenditure Ordinance No. 2A

 

 

REGULAR AGENDA

 

 

Community Development - Committee Report

 

 

 

Logan Heley, Chair

Sam Passer, Vice Chair; Melissa Cheatham; Scott Hamblin; Jim Kite; Fred Spears

 

 

Community Development - Planning & Development Services - Staff Report

 

 

Director

Jack Messer

 

 

Community Development - Parks & Recreation Services - Staff Report

 

 

Director

Jermel Stevenson

 

 

Public Safety – Committee Report

 

 

Holly Grummert, Chair

Scott Mosher, Vice Chair; Thomas Carignan; Faris Farassati; Scott Hamblin; Paul Lyons

 

 

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

Melissa Cheatham, Vice Chair; Jeff Cox; Faris Farassati; Logan Heley; Scott Mosher

 

 

17.

Bid Tabulation - Vance Brothers, Inc., for the 2022 Chip Seal, Part 1, project in the amount of $2,212,314.51.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Chip Seal, Part 1 [Project No. MR-2716]

 

18.

Bid Tabulation - Vance Brothers, Inc., for the 2022 Chip Seal, Part 2, project in the amount of $1,919,287.60.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Chip Seal, Part 2 [Project No. MR-2717]

 

19.

Bid Tabulation - Vance Brothers, Inc., for the 2022 Chip Seal, Part 3, project in the amount of $1,998,355.31.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Chip Seal, Part 3 [Project No. MR-2885]

 

Public Works – Staff Report

 

 

 

Director, Public Works

Tony Hofmann

 

 

Finance, Administration and Economic Development - Committee Report

 

 

 

Fred Spears, Chair

Thomas Carignan, Vice Chair; Jeff Cox; Holly Grummert; Paul Lyons; Sam Passer

 

 

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

 

 

20.

Resolution No. 4801 - Authorizing the execution of a First Amendment to the Second Amended and Restated Bluhawk Development Agreement relating to an economic development project located generally at the southwest corner of 159th Street and U.S. 69 Highway (SWC 159th Street and U.S. 69 (Bluhawk) Project).

 

         First Amendment to Second Amended and Restated Bluhawk Development Agreement - Bluhawk Land, LLC; Bluhawk Marketplace, LLC; Bluhawk Holdings, Inc.; and Bluhawk Sports Properties, LLC.

 Committee Report to Council - Html

 Resolution No. 4801

 First Amendment to Second Amended and Restated Bluhawk Development Agreement

 Summary of First Amendment to Second Amended and Restated Bluhawk Development Agreement

 

21.

Resolution No. 4802  - Declaring the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $25,000,000 for the purpose of financing construction materials, fixtures, equipment and furnishings of a multi-family commercial development for the purpose of obtaining a sales tax exemption. (The Majestic at CityPlace EDRB Project).

 Committee Report to Council - Html

 Resolution No. 4802

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

22.

Special Event Permit No. SEP2022-00003 - 7935 Santa Fe Drive. A special event permit is requested to allow Third Friday events in Downtown Overland Park for 2022. Application made by Melissa Maxey, representing the Downtown Overland Park Partnership, Inc.

 Staff Report

 Maps

 

23.

Special Event Permit No. SEP2022-00034 - 7950 Marty. A special event permit is requested to allow a Farmers Market at the Downtown Overland Park Market Pavilion for 2022. Application made by Kristina Stanley, representing the City of Overland Park.

 Staff Report

 Maps

 

24.

Special Event Permit No. SEP2022-00061 - 13800 Switzer. A special event permit is requested to allow various events and signage at Deanna Rose Farmstead for 2022. Application made by the City of Overland Park.

 Staff Report

 Maps

 

25.

Special Event Permit No. SEP2022-00065 - 7951 West 160th Street. A special event permit is requested to allow various special events at Bluhawk for 2022. Application made by Stuart Stram, representing Price Brothers.

 Staff Report

 Maps

 

26.

Special Event Permit No. SEP2022-00066 - 7200 West 132nd Street. A special event permit is requested from March 23 through October 26, 2022, to allow two food trucks in South Creek Office Park. Application made by Chris Maberry, representing DDI Realty Services, Inc.

 Staff Report

 Maps

 

27.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00093 - Bluhawk Whataburger - Vicinity of the southwest corner of West 159th Street and U.S. 69 Highway. Application made by Bluhawk Land, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. PLT2015-00015)

 Staff Report

 Maps

 

28.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00097 - Southern Meadows Second Plat - Vicinity of the northeast and southeast corners of 187th Street and Mission. Application made by Southern Meadows, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. PLT2021-00066)

 Staff Report

 Maps

 

29.

Acceptance of Right-of-Way - Final Plat No. PLT2021-00099 - Quivira 95 Replat - Vicinity of the northeast corner of 95th Street and Quivira. Application made by Legacy OC, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. PLT2011-00032)

 Staff Report

 Maps

 

30.

Revised Preliminary Plan No. PDP2021-00051 - Tallgrass Creek Campus - 13800 Metcalf. Application made by Redwood - ERC Kansas, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. SUP2005-00039)

 Staff Report

 Maps - Site

 Maps - Architecture

 Maps - Architecture RB2.3

 Maps - Architecture RB2.4

 Maps - Grading and Utilities

 Maps - Landscaping

 

31.

Revised Preliminary Plan No. PDP2021-00054 - Advent Health South Phase III - Vicinity of the northeast corner of 165th Street and Lowell. Application made by MedDevelopment, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. SUP2007-00033)

 Staff Report

 Maps - Site

 Maps - Architecture

 

32.

Revised Preliminary Plan No. PDP2021-00055 - Shamrock Trading East Campus - 9325 Metcalf. Application made by Shamrock Trading Corp. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. REZ2018-00014)

 Staff Report

 Maps

 

33.

Revised Preliminary Plan No. PDP2021-00056 - 97th and Metcalf Development - Vicinity of the southeast corner of 97th Street and Metcalf. Application made by Box Development, LLC. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. (Related Case No. REZ2021-00009)

 Staff Report

 Maps

 

34.

Certificate of Conformity No. DEV2021-00121 - Exterior Property Resurface - 8018A Santa Fe Drive. Application made by Haile Michaels. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0.

 Staff Report

 Maps

 

35.

Special Use Permit No. SUP2021-00040 - 12030 Blue Valley 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 Michael Stephens. The Planning Commission approved this item on February 14, 2022, for a five-year period of time, by a vote of 10 to 0. Ordinance No. Z-4208 (Continued to April 4, 2022).

 Staff Report

 

36.

Special Use Permit No. SUP2021-00045 - 7270 West 161st Street. A special use permit is requested for an indefinite period of time to allow a gymnastics and dance academy. This property is currently zoned PEC-3J, Planned Research Development and Light Industrial District, Johnson County. Application made by Victory Gym, LLC, d/b/a Diamond Academy. The Planning Commission approved this item on February 14, 2022, for a 10-year period of time, by a vote of 10 to 0. Ordinance No. Z-4209

 Staff Report

 Maps

 Ordinance No. Z-4209

 Criteria for Rezonings and Special Use Permits

 

37.

Special Use Permit No. SUP2021-00050 - 4820 College Boulevard. A special use permit is requested for an indefinite period of time to allow a sleep center. This property is currently zoned CP-O, Planned Office Building District. Application made by Ascentist Management, LLC. The Planning Commission approved this item on February 14, 2022, for a 10-year period of time, by a vote of 10 to 0. Ordinance No. Z-4210

 Staff Report

 Maps

 Ordinance No. Z-4210

 Criteria for Rezonings and Special Use Permits

 

38.

Special Use Permit No. SUP2021-00051 - 8717 Lenexa Drive. A special use permit is requested for a five-year period of time to allow renewal of a tow lot. This property is currently zoned M-1, Industrial Park District. Application made by KBK Properties, LLC. The Planning Commission approved this item on February 14, 2022, for a five-year period of time, by a vote of 10 to 0. Ordinance No. Z-4211

 Staff Report

 Maps

 Ordinance No. Z-4211

 Criteria for Rezonings and Special Use Permits

 

39.

Special Use Permit No. SUP2021-00052 - 8900 West 135th Street. A special use permit is requested for a four-month period of time to allow a temporary facility for a retail garden center. This property is currently zoned CP-2, Planned General Business District. Application made by Hy-Vee. The Planning Commission approved this item on February 14, 2022, for a four-month period of time, by a vote of 10 to 0. Ordinance No. Z-4212

 Staff Report

 Maps

 Ordinance No. Z-4212

 Criteria for Rezonings and Special Use Permits

 

40.

Unified Development Ordinance Amendment No. PLM2021-00107 - Amendments to the UDO pertaining to drinking establishments. 18.100.049 - DFD adoption by reference; 18.110.105 - definition of club, 18.110.190 - definition of drinking establishment; 18.110.525 - definition of restaurant; 18.110.530 - definition of retail liquor store; 18.250.020 - CP-O permitted uses; 18.250.050 - CP-O performance standards; 18.260.020 - CP-1 permitted uses; 18.260.050 - CP-1 performance standards; 18.270.020 - CP-2 permitted uses; 18.270.050 - CP-2 performance standards; 18.275.020 - MXD permitted uses; 18.275.050 - MXD performance standards; 18.390.060 - Accessory uses - CP-O; 18.390.100 - Accessory uses - Hotels pertaining to drinking establishments. Application made by the City of Overland Park. The Planning Commission approved this item on February 14, 2022, by a vote of 10 to 0. Ordinance No. ZRR-3355

 Staff Report

 Ordinance No. ZRR-3355 (Redline)

 Ordinance No. ZRR-3355 (Final)

 

Planning Commission - Regular Agenda

 

 

41.

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 approved this item on February 14, 2022, by a vote of 10 to 0. Ordinance No. Z-4171

 Staff Report

 Maps - Aerial and Vicinity

 Maps - Site Plans

 Maps - Building Elevations

 Maps - Additional Plans

 Maps - Locational Analysis

 Maps - Appraised Values

 Deviation Requests

 Neighborhood Meeting Minutes

 Ordinance No. Z-4171

 Criteria for Rezonings and Special Use Permits

 

42.

Rezoning No. REZ2021-00018 - 19080 Antioch. Rezoning is requested from A, Agricultural District, to RE, Residential Estates District, to allow a single-family subdivision. Application made by South Wind Farms, LLC. The Planning Commission approved this item on November 8, 2021, by a vote of 11 to 0. Ordinance No. Z-4180  (A valid protest petition has been submitted.)  (Continued from the February 7, 2022 City Council Meeting)

 

         The applicant requests continuance to the April 4, 2022 City Council meeting.

 Staff Report

 

43.

Rezoning No. REZ2021-00029 - Vicinity of the northwest corner of 159th Street and U.S. 69 Highway. Rezoning is requested from A-J, Agricultural District, Johnson County, to CP-2, Planned General Business District, to allow a car wash. Application made by The Smithco Group. The Planning Commission denied this item on February 14, 2022, by a vote of 5 to 5. Ordinance No. Z-4193

 Staff Report

 Maps - Site

 Maps - Architecture

 Memo to City Council - 159th Street Driveway Access for Carwash

 Neighborhood Meeting Minutes

 Ordinance No. Z-4193

 Criteria for Rezonings and Special Use Permits

 

44.

Special Use Permit No. SUP2021-00043 - Vicinity of the northwest corner of 159th Street and U.S. 69 Highway. A special use permit is requested for an indefinite period of time to allow a car wash. This property is currently zoned A-J, Agricultural District, Johnson County. Application made by The Smithco Group. The Planning Commission denied this item on February 14, 2022, by a vote of 10 to 0. Ordinance No. Z-4195 

 Staff Report

 Maps - Site

 Maps - Architecture

 Memo to City Council - 159th Street Driveway Access for Carwash

 Neighborhood Meeting Minutes

 Ordinance No. Z-4195

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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