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City of Overland Park

Mayor and Council

 

Monday, September 12, 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.

Intent to Exceed Revenue Neutral Rate - 2023 Budget.

 

         Resolution No. 4844- Approving the levy of a property tax rate exceeding the Revenue Neutral Rate.

 Council Staff Report - Html

 Resolution No. 4844

 

2.

2023 Budget.

 Council Staff Report - Html

 2023 Budget

 

MAYOR CURT SKOOG

 

 

3.

Adoption of the 2023 Operating Budget, 2023-2027 Capital Improvements Program and 2023-2027 Maintenance Program.

 

4.

Proclamation - Proclaiming September 11-17, 2022, as POW/MIA Recognition Week; and September 16, 2022, as POW/MIA Recognition Day in Overland Park.

 Proclamation

 

5.

New Appointments to the Parks and Recreation Advisory Council:

 

         Caleb Booth - Term 02-01-2021 to 02-01-2023

         Mark Coyne - Term  02-01-2021 to 02-01-2023

 New Appointments - Parks and Recreation Advisory Council

 

6.

New Appointment to the Legacy of Greenery Committee:

 

         Robin Rowland - Term 04-04-2022 to 04-04-2024

 New Appointment - Legacy of Greenery Committee

 

7.

New Appointment to the Community Development Block Grant Advisory Committee:

 

         Melanie Clark - Term 01-01-2020 to 12-31-2022

 New Appointment to the CDBG Advisory Committee

 

8.

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

 

         Michael Hobson - Term 05-15-2022 to 05-15-2026

 New Appointment - Independent Citizens Advisory Board

 

COUNCIL PRESIDENT PAUL LYONS

 

 

CITY MANAGER LORI CURTIS LUTHER

 

 

9.

Election of Eight Voting Delegates and Eight Alternate Voting Delegates - League of Kansas Municipalities' Annual Conference October 8-10, 2022.

 Council Staff Report - Html

 

10.

Designation of One Voting and Two Alternate Voting Delegates - National League of Cities City Summit, November 16-19, 2022.

 Council Staff Report - Html

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

11.

Resolution No. 4839 - Setting a public review and comment period from September 21 through October 21, 2022, and a public hearing on November 7, 2022, regarding approval and submission of a substantial amendment to the City's Community Development Block Grant Federal Fiscal Year 2022 Annual Action Plan.

 Committee Report to Council - Html

 Resolution No. 4839

 

12.

Agreement - Johnson County Park and Recreation District to provide 50 Plus Programs at the Tomahawk Ridge and Matt Ross Community Centers.

 Committee Report to Council - Html

 Agreement - Johnson County Parks and Recreation District

 

Community Development - Staff Report

 

 

13.

Resolution No. 4835 - Declaring the intention of the Governing Body to undertake construction for the Hickory Hills and Brookridge Parks Restroom/Shelter Replacement; authorizing the issuance of General Obligation Bonds to pay the cost thereof.

 Resolution No. 4835

 

14.

Resolution No. 4836 - Declaring the intention of the Governing Body to undertake re-construction of the Overland Park Farmers Market; authorizing the issuance of General Obligation Bonds to pay the costs thereof.

 Resolution No. 4836

 

15.

Resolution No. 4837 - Declaring the intention of the Governing Body to undertake construction of the Young's Aquatic Center Renovation, Phase II; authorizing the issuance of General Obligation Bonds to pay the costs thereof.

 Resolution No. 4837

 

Public Works – Committee Report

 

 

16.

Change Order No. 3 - Phoenix Concrete, LLC,  for the 2022 Street Improvement (Concrete) Project, in the additional amount of $63,432.

 Committee Report to Council - Html

 Change Order No. 3 - Phoenix Concrete, LLC [Project No. MR-2715]

 

17.

Waive Bid Process and Authorize City Manager to Enter into Agreement - C&H Services, LLC, for the 2022-2025 Snow and Ice Control Services for Area Routes.

 Committee Report to Council - Html

 Agreement - C&H Services, LLC

 

18.

Bid Tabulation - Rejecting the bid for the 87th Street and Antioch Traffic Signal Reconstruction Project.

 Committee Report to Council - Html

 Bid Tabulation - 87th Street and Antioch Traffic Signal Reconstruction [Project No. MT-2804]

 

Public Works – Staff Report

 

 

19.

Ordinance No. MTI-3376 - Providing for the public improvement of a main trafficway - College Boulevard Bridge over Indian Creek in the City.

 Ordinance No. MTI-3376

 

20.

Ordinance No. MTI-3377 - Providing for the public improvement of a main trafficway - 135th Street and Pflumm Road Intersection Improvements in the City.

 Ordinance No. MTI-3377

 

21.

Resolution No. 4834 - Declaring the intentions of the Governing Body for the reconstruction of Fire Station No. 41; authorizing the issuance of General Obligation Bonds to pay the cost thereof.

 Resolution No. 4834

 

Finance, Administration and Economic Development - Committee Report

 

 

22.

Approval of Investment and Cash Management Policy

 Committee Report to Council - Html

 2022 Investment and Cash Management Policy

 

Finance, Administration and Economic Development - Staff Report

 

 

23.

Council Minutes - June 27, July 11, and August 1, 2022.

 

24.

Confirmation of Investments.

 Confirmation of Investments

 

25.

Expenditure Ordinance No. 8A Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for August 5 through August 18, 2022.

 Expenditure Ordinance No. 8A

 

 

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

 

 

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

 

 

26.

Selection of Group Life, Disability, and Accidental Death and Dismemberment Provider and Authorization to Negotiate an Amendment to Agreement - Symetra Life Insurance Company.

 Committee Report to Council - Html

 2023 and 2024 Life and Disability Renewal - Symetra Life Insurance Company

 

27.

Selection of Voluntary Benefit Provider and Authorization to Negotiate a Vision Insurance Policy Agreement - Metropolitan Life Insurance Company administered by Davis Vision by MetLife, for the period January 1, 2023, through December 31, 2027.

 Committee Report to Council - Html

 2022 Vision Marketing Results

 

28.

Master Services Agreement – Empower Retirement, LLC, for record-keeping and related services in connection with the Municipal Employees’ Pension Plan for a term of five years, for a cost of approximately $54,000 per year.

 Committee Report to Council - Html

 Master Services Agreement - Empower Retirement, LLC

 

29.

Authorization to Negotiate a Fifth Amendment Health Services Agreement - Marathon Health, Inc., to extend the term of the agreement from March 5, 2023, to December 2023.

 Committee Report to Council - Html

 

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

 

 

30.

Resolution No. 4552,B - Amending Resolution No. 4552,A related to the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $37,750,000 for the purpose of financing the acquisition, construction, equipping and furnishing of a Class-A Office Facility (City Place Corporate Centre II (Parcel IX) EDRB Project).

 Committee Report to Council - Html

 Resolution No. 4552, B

 

31.

Resolution No. 4842 - Authorizing the execution of a Fourth Amendment to the Amended and Restated City Place Development Agreement relating to the Community Improvement District and Transportation Development District at the southwest corner of College Boulevard and U.S. 69 Highway (City Place Project).

 

Fourth Amendment to Amended and Restated City Place Development Agreement - College 69 Associates, LLC.

 Committee Report to Council - Html

 Resolution No. 4842

 Developer Request - Extension of City Place Development Agreement Milestones

 Fourth Amendment to Amended and Restated City Place Development Agreement - College 69 Associates, LLC

 

32.

Resolution No. 4843 - Consenting to a Transfer and Assignment and Assumption Agreement related to an economic development project generally located at the northwest corner of 115th Street and Nall Avenue (NWC 115th Street and Nall Avenue Project).

 

         Assignment and Assumption Agreement and Consent - Budd Lake Three Investors, Inc., LMW Realty Corporation and M & L Investors, LLC (Lot 9)

 Committee Report to Council - Html

 Resolution No. 4843

 Galleria 115 Assignment and Assumption Agreement and Consent - Lot 9

 Developer Request - Galleria 115 Consent to Lot 9 Transfer and Assignment

 Galleria 115 Lot 9 Transferee & Map

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

33.

Special Event Permit No. SEP2022-00417 - 8909 West 179th Street. A special event permit is requested from September 15 through September 25, 2022, 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

 

34.

Special Event Permit No. SEP2022-00448 - 10595 Metcalf. A special event permit is requested from September 13 through September 24, 2022, to allow a tent. Application made by Ellie Fetzer, representing Amini’s Galleria.

 Staff Report

 Maps

 

35.

Special Event Permit No. SEP2022-00459 - 6621 West 119th Street. A special event permit is requested from November 1, 2022, through January 15, 2023, to allow a refrigerated storage unit. Application made by Melissa Arnett, representing Whole Foods.

 Staff Report

 Maps

 

36.

Special Event Permit No. SEP2022-00472 - 11970 Metcalf. A special event permit is requested from September 13 through November 5, 2022, to allow temporary wall banners and detached signage. Application made by Gene Brake, representing Halloween Express.

 Staff Report

 Maps

 

37.

Acceptance of Right-of-Way - Final Plat No. PLT2022-00041 - Greystone Townhomes - Vicinity of the southwest corner of 81st Street and Barkley. Application made by Greystone Development, LLC. The Planning Commission approved this item on August 8, 2022, by a vote of 9 to 0. (Related Case No. PLT2022-00040)

 Staff Report

 Maps

 

38.

Certificate of Conformity No. DEV2022-00060 - InterUrban Arthouse - 8001 Newton. Application made by InterUrban Arthouse. The Planning Commission approved this item on August 8, 2022, by a vote of 9 to 0.

 Staff Report

 Maps

 

39.

Special Use Permit No. SUP2022-00013 - 4833 Woodward. A special use permit is requested for a one-year period of time to allow a contractor storage yard. This property is currently zoned R-2, Two-Family Residential District. Application made by Cesar Jimenez. The Planning Commission approved this item on August 8, 2022, for a one-year period of time, by a vote of 9 to 0. Ordinance No. Z-4234

 Staff Report

 Maps

 Ordinance No. Z-4234

 Criteria for Rezonings and Special Use Permits

 

40.

Special Use Permit No. SUP2022-00014 - 7405 Conser. A special use permit is requested for a three-year period of time to allow a temporary fire station facility. This property is currently zoned R-1, Single-Family Residential District. Application made by the City of Overland Park. The Planning Commission approved this item on August 8, 2022, for a three-year period of time, by a vote of 9 to 0. Ordinance No. Z-4235

 Staff Report

 Maps

 Ordinance No. Z-4235

 Criteria for Rezonings and Special Use Permits

 

41.

Unified Development Ordinance Amendment No. PLM2022-00048 - Amendments to Section 18.100.049 pertaining to the Downtown Form-Based Code. The Planning Commission approved this item on August 8, 2022, by a vote of 9 to 0. Ordinance No. ZRR-3370

 Staff Report

 Ordinance No. ZRR-3370 (Redlined)

 Ordinance No. ZRR-3370 (Clean)

 

Planning Commission - Regular Agenda

 

 

42.

Rezoning No. REZ2022-00008 - Vicinity of the southeast corner of College Boulevard and Pflumm. Rezoning is requested from CP-O, Planned Office Building District, to CP-2, Planned General Business District, to allow a convenience store. Application made by Casey's Retail Company. The Planning Commission approved this item on August 8, 2022, by a vote of 9 to 0. Ordinance No. Z-4233

 

         This application has been withdrawn.

 Staff Report

 

43.

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 July 11, 2022 City Council Meeting)

 

         Staff requests continuance to the October 3, 2022 City Council meeting.

 Staff Report

 

44.

Right-of-Way Easement Vacation No. VAC2022-00002 - Wolf Creek Plaza First Plat - Vicinity of 175th Terrace and Pflumm. Application made by Phelps Engineering, Inc. Ordinance No. VAC-3378

 Staff Report

 Maps

 Ordinance No. VAC-3378

 

45.

Right-of-Way Easement Vacation No. VAC2022-00003 - Homes at Wolf Creek First and Second Plat - Vicinity of 177th Street and Pflumm. Application made by Phelps Engineering, Inc. Ordinance No. VAC-3379

 Staff Report

 Maps

 Ordinance No. VAC-3379

 

46.

Revised Preliminary Plan No. PDP2022-00012 - Shamrock Trading East Campus Phase 2 - 9345 Metcalf. Application made by Shamrock Real Estate #4. The Planning Commission approved this item on August 8, 2022, by a vote of 5 to 4. (Related Case No. REZ2018-00014)

 Staff Report

 Maps

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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