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City of Overland Park

Mayor and Council

 

Monday, October 3, 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.

Consideration of a Redevelopment Project Plan for a Project Area in a Redevelopment District – Promontory Project Area 3 Redevelopment Project Plan generally located at the northeast corner of 91st Street and Metcalf. (Promontory Redevelopment TIF Project, Project Area 3).  (Continued from the September 19, 2022 City Council Meeting.)

 

         Ordinance No. RD-3387 - Approving and adopting a Redevelopment Project Plan for a Project Area in a Redevelopment District in the City. (Promontory Redevelopment TIF Project, Project Area 3)

 

 Council Staff Report - Html

 Ordinance No. RD-3387

 Promontory Project Area 3 Project Plan and Feasibility Study

 

2.

BluHawk Multi-Sport Complex Project - Consideration of Issuance of Federally Taxable Private Activity Revenue Bonds in an amount not to exceed $113,555,000, in one or more series, and Granting a Property Tax Abatement (Bluhawk Multi-Sport Complex EDRB Project).

 

 Council Staff Report - Html

 Cost Benefit Analysis, Phases 1 & 2 - Bluhawk Multi-Sport Complex

 Cost Benefit Analysis, Phase 1 - Bluhawk Multi-Sport Complex

 

MAYOR CURT SKOOG

 

 

3.

New Appointment to the Environmental Advisory Council

         Tawn Nugent - Term 1-13-2021 to 12-31-2023

         Jamie Kluesner - Term 1-13-2021 to 12-31-2023

 New Appointments to the Environmental Advisory Council

 

4.

Reappointments to the Planning Commission:

 

         Holly Streeter-Schaefer, Term 10-14-2022 to 10-14-2025

         Rob Krewson,  Term 10-14-2022 to 10-14-2025

         Kip Strauss, Term 11-14-2022 to 11-14-2025

         Edward "Ned" J. Reitzes, Term 11-14-2022 to 11-14-2025

 Reappointments to the Planning Commission

 

5.

Reappointments to the Board of Zoning Appeals:

 

         Jameia Haines, Term 10-11-2022 to 10-11-2025

         Beneé Hudson, Term 10-11-2022 to 10-11-2025  

 Reappointments to the Board of Zoning Appeals

 

6.

New Teen Council Representative Appointments to the FrameworkOP Comprehensive Plan Steering Committee:

 

         Greta Waller

         Drew Schimmel

 New Teen Council Appointments to the FrameworkOP Comp Plan Steering Committee

 

COUNCIL PRESIDENT PAUL LYONS

 

 

CITY MANAGER LORI CURTIS LUTHER

 

 

 

CONSENT AGENDA

 

 

Public Safety – Staff Report

 

 

Public Works – Committee Report

 

 

7.

Supplemental Agreement No. 4 - HDR Engineering, Inc., for the Quivira Road, 179th Street to 187th Street, project in the amount of $303,685, for a revised total not to exceed $1,443,527.

 Committee Report to Council - Html

 Supplemental Agreement No. 4 - HDR Engineering, Inc. [Project No. TH-1147]

 

8.

Bid Tabulation - Phoenix Concrete, LLC, for on-demand concrete repair, in the amount of $97,590.

 Committee Report to Council - Html

 Bid Tabulation - Concrete Repair Services

 

9.

Bid Tabulation – Custom Lighting Services, LLC, d/b/a Black and McDonald for Streetlight Maintenance, for the unit price of $52.00 per light, per year, in an amount not to exceed $130,000.

 Committee Report to Council - Html

 Bid Tabulation - Black & McDonald - Streetlight Maintenance

 

10.

Bid Tabulation - Key Equipment and Supply Company, for Sewer Inspection Crawler and Operating Software, in the amount of $210,064.54.

 Committee Report to Council - Html

 Bid Tabulation - Sewer Inspection Crawler and Operating Software

 

Public Works – Staff Report

 

 

11.

Ordinance No. CON-3383,A - Authorizing and providing for the acquisition of lands or interests therein by condemnation for the replacement of stormwater infrastructure, for the 2022 Major Storm Sewer Repair Project in the City.

 Ordinance No. CON-3383, A [Project No. MS-1739]

 

Finance, Administration and Economic Development - Committee Report

 

 

12.

Agreement – Shawnee Mission School District No. 512, for continued use of the City's AT&T, Consolidated Communications and Spectrum Government Access Channels, from November 6, 2022 to December 31, 2027.

 Committee Report to Council - Html

 Agreement - Shawnee Mission School District No. 512

 

13.

Resolution No. 4841 - Approving the assignment of Consolidated Communications Enterprise Services, Inc.’s, Telecommunications Franchise to Everfast Fiber Network, LLC, and authorizing a Video Service Provider Fee and Right-of-Way Agreement for Everfast Fiber Network, LLC.

 Committee Report to Council - Html

 Resolution No. 4841

 

Finance, Administration and Economic Development - Staff Report

 

 

14.

Council Minutes - July 18, 2022.

 

15.

Confirmation of Investments.

 Confirmation of Investments

 

16.

Expenditure Ordinance No. 8B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for August 19 through September 1, 2022.

 Expenditure Ordinance No. 8B

 

17.

Expenditure Ordinance No. 9A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for September 2 through September 15, 2022.

 Expenditure Ordinance No. 9A

 

 

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

 

 

18.

Resolution No. 4851 - Setting a public hearing regarding approval of request for exception to Overland Park Municipal Code 16.180.101.2, to allow for septic tank and effluent absorption systems at 17065 Metcalf Place, in the City.

 Council Staff Report - Html

 Resolution No. 4851

 Letter of Request and Location Map

 17065 Metcalf Place Permit Application

 JCW Connection Point Map

 

Community Development - Parks & Recreation Services - Staff Report

 

 

Director

Jermel Stevenson

 

 

19.

Resolution No. 4855 - Authorizing the operation of the common consumption area generally located in the vicinity of 8045 Santa Fe Drive, allowing the consumption of alcoholic liquor on property not otherwise subject to a license issued pursuant to the Kansas Liquor Control Act or the Club and Drinking Establishment Act.

 Council Staff Report - Html

 Resolution No. 4855

 

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

 

 

20.

Resolution No. 4854 - Relating to the temporary extension of the licensed premise for the authorization of the sale and consumption of alcoholic liquor on public streets, sidewalks and parking areas with the City.

 Council Staff Report - Html

 Resolution No. 4854

 

21.

Resolution No. 4856 - Declaring that "National Faith and Blue Community Winter Clothing and Blood Drive" shall be a City-sponsored public event on October 7-9, 2022.

 Council Staff Report - Html

 Resolution No. 4856

 

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

 

 

22.

Agreement -  Olsson, Inc., for engineering and architectural services for the 2023 Major Storm Sewer Repair project, in an amount not to exceed $299,555.

 Committee Report to Council - Html

 Agreement - Olsson, Inc. [Project No. MS-1830]

 

23.

Agreement - Wilson and Company, Inc., for engineering and architectural services for the 2022 Preliminary Engineering Studies in an amount not to exceed $142,001.

 Committee Report to Council - Html

 Agreement - Wilson & Company, Inc. [Project No. SD-1831]

 

24.

Agreement - HNTB Corporation, for engineering and architectural services for the 2023 Storm Drainage Improvements, 99th Terrace to 97th Terrace, project in an amount not to exceed $763,265.

 Committee Report to Council - Html

 Agreement - HNTB [Project No. SD-1832]

 

25.

2023 Infrastructure Maintenance Programs - Approving the planned expenditures for the annual street maintenance program, traffic maintenance program, stormwater maintenance program.

 Committee Report to Council - Html

 2023 Maintenance Programs

 

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

 

 

26.

Resolution No. 4845 - Declaring the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $17,000,000 for the purpose of financing construction materials, fixtures, equipment and furnishings of a mixed-use facility for the purpose of obtaining a sales tax exemption. (Promontory Phase 3 EDRB Project). (Continued from the September 19, 2022 City Council Meeting.)

 Council Staff Report - Html

 Resolution No. 4845

 

27.

Resolution No. 4852– Authorizing execution of an acknowledgement of a Phase 1 Project Completion Guaranty relating to the BluHawk STAR Bond Financing Project generally located at the southwest corner of U.S. 69 Highway and 159th Street (SWC 159ths Street & US 69 (BluHawk) Project).

 

         BluHawk Phase 1 Project Completion Guaranty Agreement - Price Brothers Development Company, 167 Antioch, LLC, PB Development, LLC, and Bluhawk Retail Loop, LLC.

 

 Council Staff Report - Html

 Resolution No. 4852

 BluHawk Phase 1 Project Completion Guaranty Agreement  - Price Brothers Development Company, 167 Antioch, LLC, PB Development, LLC and Bluhawk Retail Loop, LLC.

 

28.

Resolution No. 4853 – Authorizing execution of an acknowledgement of a Multi-Sport Complex Operating Guaranty relating to an economic development project generally located at the southwest corner of 159th Street and U.S. 69 Highway (SWC 159th Street & US 69 (BluHawk) Project).

 

         Bluhawk Multi-Sport Complex Operating Guaranty Agreement - Price Brothers Development Company, 167 Antioch, LLC; and Bluhawk Retail Loop, LLC, PB Development, LLC, Bluhawk Land, LLC, Bluhawk Market Place, LLC, Bluhawk Holdings, Inc., and Bluhawk Sports Properties, LLC.

 

 Council Staff Report - Html

 Resolution No. 4853

 BluHawk Multi-Sport Operating Guaranty Agreement

 

29.

Ordinance No. SB-3390 – Authorizing the Issuance of Sales Tax Special Obligation Revenue Bonds, Series 2022,A in the principal amount not to exceed [$55,000,000*] and its taxable Special Obligation Revenue Bonds Series 2022,B  in the principal amount not to exceed [$10,000,000*]; authorizing and approving the execution of documents and approving the taking of other actions in connection with issuance of the Bonds (BluHawk STAR Bond Project).

 

Series 2022, A Bonds

         Preliminary Limited Offering Statement - BluHawk STAR Bond Series 2022,A

         Trust Indenture – U.S. Bank National Association (BluHawk STAR Bond Series 2022,A)

         Bond Purchase Agreement – Wells Fargo Securities, LLC

         Tax Distribution Agreement – State of Kansas and U.S. Bank National Association

 

Series 2022, B Bonds

         Preliminary Private Placement Memorandum - BluHawk STAR Bond Series 2022,

         Trust Indenture – U.S. Bank National Association (BluHawk STAR Bond Series 2022,B)

         Placement Agent Agreement – Wells Fargo Securities, LLC

 

 Council Staff Report - Html

 Ordinance No. SB-3390

 BluHawk Preliminary Offering Memorandum - STAR Bond Series 2022,A

 Trust Indenture – U.S. Bank National Association (BluHawk STAR Bond Series 2022,A)

 Bond Purchase Agreement – Wells Fargo Securities, LLC (BluHawk STAR Bond Series 2022,A)

 Tax Distribution Agreement – State of Kansas and U.S. Bank National Association (BluHawk STAR Bond Series 2022,A)

 Preliminary Private Placement Memorandum - BluHawk STAR Bond Series 2022,B

 Trust Indenture – U.S. Bank National Association (BluHawk STAR Bond Series 2022,B)

 Placement Agent Agreement – Wells Fargo Securities, LLC (BluHawk STAR Bond Series 2022,B)

 

30.

Resolution No. 4544,A – Declaring the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $113,555,000  in one or more series for the purpose of financing the acquisition, construction, equipping and furnishing of a multi-sport athletic complex in multiple phases and to grant a property tax abatement (BluHawk Multi-Sport Complex EDRB Project).

 Committee Report to Council - Html

 Resolution No. 4544, A

 

31.

Resolution No. 4543,A  – Declaring the intent of the City to enter into a Payment-in-Lieu-of-Taxes Agreement relating to the issuance of Federally Taxable Private Activity Revenue Bonds for the purpose of financing the acquisition, construction, furnishing and equipping of a Multi-Sport Complex and to grant a property tax abatement (BluHawk - Multi-Sport Complex EDRB Project).

 

         Payment-in-Lieu-of-Taxes Agreement – Bluhawk Land, LLC, Bluhawk Holdings, Inc., and Bluhawk Sports Properties, LLC.

 

 Council Staff Report - Html

 Resolution 4543,A

 Payment-in-Lieu-of-Taxes Agreement – Bluhawk Land, LLC, Bluhawk Holdings, Inc. and Bluhawk Sports Properties, LLC

 

32.

Resolution No. 4496,B – Declaring the intent of the City to issue Federally Taxable Private Activity Revenue Bonds in the principal amount not to exceed $49,500,000 for the purpose of financing construction materials, equipment and furnishings of the a mixed-use commercial development BluHawk Commercial Development - Phase 1 EDRB Project).

 Council Staff Report - Html

 Resolution No. 4496,B

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

33.

Special Event Permit No. SEP2022-00479 - 5750 West 117th Street. A special event permit is requested to allow a Veteran’s Day celebration on November 9, 2022. Application made by Brooke Hass, representing T-Mobile.

 Staff Report

 Maps

 

34.

Special Event Permit No. SEP2022-00489 - 7309 West 80th Street. A special event permit is requested to allow a fundraising event at the Edison District on October 7, 2022. Application made by Heather Venable, representing Edison Factory.

 Staff Report

 Maps

 

35.

Special Event Permit No. SEP2022-00518 - 6000 College Boulevard. A special event permit is requested from January 1 through December 31, 2023, to allow an annual permit for promotional events and detached promotions. Application made by Ashley Flagler, representing the Overland Park Convention Center.

 Staff Report

 Applicant Letters

 

36.

Special Event Permit No. SEP2022-00526 - 6640 West 143rd Street. A special event permit is requested from October 11 through November 30, 2022, to allow two temporary banners. Application made by Sharla Gamino, representing Landmark National Bank.

 Staff Report

 Maps

 

37.

Acceptance of Right-of-Way - Final Plat No. PLT2022-00051 - Wild Horse - First Plat - Vicinity of the southeast corner of 175th Street and Switzer. Application made by Bonita Investors, LLC. The Planning Commission approved this item on September 12, 2022, by a vote of 9 to 0. (Related Case No. PLT2022-00050)

 Staff Report

 Maps

 

38.

Revised Preliminary Plan No. PDP2022-00014 - Jewish Community Center Addition - 5801 West 115th Street. Application made by Jewish Community Campus Greater KC, LLC. The Planning Commission approved this item on September 12, 2022, by a vote of 9 to 0. (Related Case Nos. SUP1985-00086, SUP2003-00021)

 Staff Report

 Maps

 

39.

Special Use Permit No. SUP2022-00016 - 5801 West 115th 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 R-1, Single-Family Residential District. Application made by the Jewish Community Center of Greater KC. The Planning Commission approved this item on September 12, 2022, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4240

 Staff Report

 Maps

 Ordinance No. Z-4240

 Criteria for Rezonings and Special Use Permits

 

40.

Rezoning No. REZ2022-00009 - Vicinity of the northeast corner of West 135th Street and Pflumm. Rezoning is requested from CP-2, Planned General Business District, to RP-6, Planned High-Rise Apartment District, to allow development of new apartments and amenities. Application made by Davis Development. The Planning Commission approved this item on September 12, 2022, by a vote of 9 to 0. Ordinance No. Z-4237

 Staff Report

 Maps

 Ordinance No. Z-4237

 Criteria for Rezonings and Special Use Permits

 

41.

Rezoning No. REZ2022-00010 - 8329 Glenwood. Rezoning is requested from R-1, Single-Family Residential District, to R-1A, Small-Lot Single-Family Residential District, to allow the development of two smaller single-family residential lots. Application made by Jim Lambie. The Planning Commission approved this item on September 12, 2022, by a vote of 9 to 0. Ordinance No. Z-4236

 Staff Report

 Maps

 Ordinance No. Z-4236

 Criteria for Rezonings and Special Use Permits

 

42.

Rezoning No. REZ2022-00011 - 9300 West 175th Street. Rezoning is requested from RUR-J, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow development of single-family residential lots. Application made by Starr Homes, LLC. The Planning Commission approved this item on September 12, 2022, by a vote of 9 to 0. Ordinance No. Z-4238

 Staff Report

 Maps

 Ordinance No. Z-4238

 Criteria for Rezonings and Special Use Permits

 

43.

Special Use Permit No. SUP2022-00015 - 4830 Merriam Drive. A special use permit is requested for a 10-year period of time to allow renewal of a tow lot. This property is currently zoned C-3, Commercial District. Application made by Kidds Towing. The Planning Commission approved this item on September 12, 2022, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4239

 Staff Report

 Maps

 Ordinance No. Z-4239

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

44.

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 September 12, 2022 City Council Meeting)

 Staff Report

 Maps

 Ordinance No. Z-4180

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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