City of Overland Park logo

 

City of Overland Park

Mayor and Council

 

Monday, November 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.

Consideration of a 2022 Budget Amendment

 Council Staff Report - Html

 2022 Budget Amendment - Fund Statements

 

2.

Community Development Block Grant (CDBG) FFY 2022 Annual Action Plan:

 

Resolution No. 4840 - Approving a substantial amendment to the City's Community Development Block Grant FFY 2022 Annual Action plan and its submission to the Department of Housing and Urban Development.                                                                                                     

 Committee Report to Council - Html

 Resolution No. 4840

 

MAYOR CURT SKOOG

 

 

COUNCIL PRESIDENT PAUL LYONS

 

 

3.

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

 

         2023 State Legislative Program

         2023 Federal Legislative Program

 

CITY MANAGER LORI CURTIS LUTHER

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

4.

Ordinance No. BID-3389 - Providing for the assessment of the Business Improvement Service Fees for the 2023 assessment year for businesses located within the Downtown Business Improvement District.

 Committee Report to Council - Html

 Ordinance No. BID-3389

 

5.

Revised 2023 Downtown Overland Park Partnership (DOPP) Budget - Incorporating use of funds from the 2023 Business Improvement District fees to be remitted to the Downtown Overland Park Partnership.

 Committee Report to Council - Html

 Proposed 2023 Budget - Downtown Overland Park Parternship

 

6.

Resolution No. 4861 - Establishing Planning and Development Services Fees for building plan review, permit, and inspection fees, and for land disturbance permits, site development permits, public improvement permits, and floodplain development permits.

 Committee Report to Council - Html

 Resolution No. 4861

 Cost Recovery Report

 ICC Building Valuation Data - February 2020

 ICC Building Valuation Data - February 2022

 

7.

Authorize the City Manager to Execute the Fiscal Year 2022 Community Development Block Grant Sub-Recipient Agreements:

 

Catholic Charities of Northeast Kansas, Inc. - To provide a Community Development Block Grant for short-term financial assistance for rent and utility payments for income eligible Overland Park households in the amount of $19,792.

 

Hillcrest Transitional Housing - To provide a Community Development Block Grant for short-term financial assistance for transitional housing and emergency assistance to income eligible households in the amount of $19,792.

 

Jewish Family Services - To provide public assistance and services to eligible Overland Park households in the amount of $14,844.

 

Johnson County Interfaith Hospitality Network, Inc. - To provide a Community Development Block Grant for case management services to households experiencing homelessness who seek emergency shelter and services at the Overland Park emergency shelter in an amount not to exceed $9,896.

 

Metro Lutheran Ministry - To provide public assistance and services to eligible Overland Park households in the amount of $14,844.

 

Safehome, Inc. - To provide public assistance and services to eligible Overland Park households in the amount of $17,318.

 

The Salvation Army - To provide a Community Development Block Grant for short-term financial assistance for rent and utilities in order to meet the basic needs of low income Overland Park households in the amount of $14,844.

 

Friends of JCDS, Inc. - To provide a Community Development Block Grant for accessibility and other improvements to group homes that provide housing to disabled Overland Park residents in the amount of $74,220.

 

InterUrban Arthouse, Inc. - To provide microenterprise grants to support low- and moderate-income artists and creative industry professionals in Overland Park in the amount of $61,850.

 

Board of County Commissioners of Johnson County - To provide a Community Development Block Grant for minor home rehabilitation services for income-eligible Overland Park home owners in an amount not to exceed $98,961.

 Committee Report to Council - Html

 FY2022 Funding Recommendations

 Agreement - Catholic Charities of Northeast Kansas, Inc.

 Agreement - Hillcrest Transitional Housing

 Agreement - Jewish Family Services

 Agreement - Johnson County Interfaith Hospitality Network Inc

 Agreement - Metropolitan Lutheran Ministry

 Agreement - Safehome

 Agreement - The Salvation Army

 Agreement - Friends of JCDS, Inc.

 Agreement - InterUrban Arthouse, Inc.

 Agreement - Board of County Commissions of Johnson County

 

8.

Resolution No. 4859 - Setting a public review and comment period from November 17 to November 23, 2022, and setting a public hearing December 5, 2022, regarding approval and submission of a substantial amendment to the City’s Community Development Block Grant (CDBG) Federal Fiscal Year (FFY) 2020-2024 Five-Year Consolidated Plan for Coronavirus (CDBG-CV) Funding.

 Committee Report to Council - Html

 Resolution No. 4859

 

9.

Fiscal Year 2023 Letters of Understanding for Community Assistance Programs:

 

Letter of Understanding - Johnson County Department of Aging and Human Services to provide funding to the Johnson County Emergency Assistance Program, in the amount of $10,000.

 

Letter of Understanding - Johnson County Department of Aging and Human Services to provide funding for the Johnson County Utility Assistance Program, in the amount of $40,000.

 

Letter of Understanding - United Community Services of Johnson County to provide a grant for the Human Services Fund to assist local nonprofit agencies which provide safety net programs, in the amount of $94,000.

 Committee Report to Council - Html

 Letter of Understanding - Johnson County Human Services - Emergency Assistance

 Letter of Understanding - Johnson County Human Services - Utility Assistance

 Letter of Understanding - United Community Services

 

10.

2022 Parks and Recreation Playground Replacement Program - For replacement of playground equipment with Athco, LLC, at Bluejacket Park, 10101 Bond; Fox Hill North Park, 10600 Indian Creek Parkway; and Kingston Lake Park, 15254 Lowell; in the budgeted amount of $260,000.

 Committee Report to Council - Html

 Bluejacket - Proposal and Rendering

 Foxhill North Park - Proposal and Rendering

 Kingston Lake - Proposal and Rendering

 

11.

Proposed Amendment to Arboretum LongHouse Project Budget - To increase the Capital Improvements Program in the amount of $320,000 with $160,000 to come from the Special Parks and Recreation Contingency Fund and $160,000 to come from the Arts and Recreation Foundation of Overland Park.

 Committee Report to Council - Html

 

12.

Third Amendment to Agreement - Arts and Recreation Foundation of Overland Park, Inc., for for funding the construction of the Arboretum and Botanical Gardens visitors center and surrounding improvements for the Arboretum LongHouse Project.

 Committee Report to Council - Html

 Third Amendment to Agreement - Arts and Recreation Foundation of Overland Park

 

13.

Change Order No. 5 - McCownGordon Construction, LLC,  in the amount of $320,000 for the construction of the Overland Park Arboretum LongHouse project.

 Committee Report to Council - Html

 Change Order No 5 - McCownGordon Construction, LLC [Project No. PR-1891]

 

14.

Resolution No. 4862 - Authorizing the establishment of a common consumption area generally located in the vicinity of 7313 W. 80th Street, 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.

 Committee Report to Council - Html

 Resolution No. 4862

 

15.

Ordinance No. POC-3393 - Relating to intoxicating liquor in public places; to include parking areas and parking lots where a Common Consumption Area may be designated.

 Committee Report to Council - Html

 Ordinance No. POC 3393

 

Public Works – Committee Report

 

 

16.

Bid Tabulation - Maintenance Service for City Vehicles - Oil Change with Valvoline, LLC, d/b/a Valvoline Instant Oil Change for a one-year period, with an option for two (2) one-year extensions, at the unit prices set forth in the bid tabulation .

 Committee Report to Council - Html

 Bid Tabulation - Maintenance of City Vehicles - Oil Change

 

Finance, Administration and Economic Development - Committee Report

 

 

17.

2022 Audit Engagement - Allen, Gibbs and Houlik, L.C., for audit of 2022 Financial Statements.

 Committee Report to Council - Html

 2022 Auditor’s Communication - Allen, Gibbs and Houlik, L.C.

 2022 Engagement Letter - Allen, Gibbs and Houlik, L.C., for City Audit

 2022 Engagement Letter - Allen, Gibbs and Houlik, L.C., for Convention Center Audit

 

18.

Approval of Vendor Selection and Authorization to Negotiate an Agreement - PepsiCo Foodservice as the exclusive beverage provider for City facilities.

 Committee Report to Council - Html

 

19.

2023 Annual Calendar of Meetings - City Council, Goal Area Committees and Boards, Commissions and other Plural Authorities.

 Committee Report to Council - Html

 2023 Annual Calendar

 

Finance, Administration and Economic Development - Staff Report

 

 

20.

Council Minutes - September 19, 2022.

 

21.

Expenditure Ordinance No. 10A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for September 30 through October 13, 2022.

 Expenditure Ordinance No. 10A

 

22.

Expenditure Ordinance No. 10B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for October 14 through October 27, 2022.

 Expenditure Ordinance No. 10B

 

 

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, Planning & Development Services

Jack Messer

 

 

Community Development - Parks & Recreation - Staff Report

 

 

Director, Parks & Recreation

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

 

 

23.

Remove Existing Traffic Signal and Replace with a Multi-Way Stop Control - 91st Street and Nieman Road.

 Committee Report to Council - Html

 Exhibit No. 1 - 91st St & Nieman Signal Warrant

 Exhibit No. 2 - 91st & Nieman Multi-Way Stop Warrant

 Exhibit No. 3 - 91st St & Neiman 2022 AM All-Way Stop Control Report

 Exhibit No. 4 - 91st St & Neiman 2022 PM All-Way Stop Control Report

 

Public Works – Staff Report

 

 

 

Interim Director, Public Works

Lorraine Basalo

 

 

Finance, Administration and Economic Development - Committee Report

 

 

 

Fred Spears, Chair

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

 

 

24.

Selection of Third Party Administrator and Authorization to Negotiate a Second Amendment to Agreement – Thomas McGee, LC, for Third-Party Administration Services for the City’s Self-funded Workers’ Compensation Program, for an initial term of January 1, 2023, to January 1, 2026, in an estimated amount not to exceed $50,000, with the option to extend the contract for two (2) additional one-year terms.

 Committee Report to Council - Html

 Summary RFP Responses - Workers Compensation Third-Party Administration Services

 Thomas McGee Fee Proposal

 

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

 

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

25.

Special Event Permit No. SEP2022-00532 - 9520 Metcalf. A special event permit is requested from September 30, 2022, through January 16, 2023 to allow a temporary tent in the parking lot. Application made by Austin Carpenter, representing Fiorella’s Jack Stack Barbecue.

 Staff Report

 Maps

 

26.

Special Event Permit No. SEP2022-00570 - 8909 West 179th Street. A special event permit is requested from November 25 through December 17, 2022, to allow a holiday luminary walk. Application made by Katharine Garrison, representing the Overland Park Arboretum and Botanical Gardens.

 Staff Report

 Maps

 

27.

Special Event Permit No. SEP2022-00586 - 10103 Metcalf. A special event permit is requested from November 18, 2022 through January 1, 2023 to allow a holiday lighting display and detached signs. Application made by Brooke Fechter, representing Altasciences.

 Staff Report

 Maps

 

28.

Special Event Permit No. SEP2022-00594 - 10100 Metcalf. A special event permit is requested from November 18, 2022, through January 1, 2023, to allow detached signs. Application made by Emmanuel Baptist Church, represented by Brooke Fechter with Altasciences.

 Staff Report

 Maps

 

29.

Revised Preliminary Plan No. PDP2022-00013 - Overland Crossing - Vicinity of the southwest corner of 119th Street and Metcalf. Application made by Legacy OC, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. (Related Case No. REZ1994-00030)

 Staff Report

 Maps

 

30.

Revised Preliminary Plan No. PDP2022-00020 - Cyan Southcreek Apartments - 13200 Foster. Application made by BCORE MF Southcreek, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. (Related Case No. REZ2017-00102)

 Staff Report

 Maps

 

31.

Revised Preliminary Plan No. PDP2022-00021 - Brookridge - Stipulation change - Vicinity of the southeast corner of 103rd Street and Antioch. Application made by Overland Park Development Company l, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. (Related Case No. REZ2018-00001)

 Staff Report

 Maps

 

32.

Rezoning No. REZ2022-00012 - Vicinity of the northeast and southeast corners of 167th Street and Quivira. Rezoning is requested from RUR-J, Rural District, Johnson County, to RP-1N, Planned Single-Family Infill Residential District, to allow development of single-family residential lots. Application made by Mills Farm Development, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. Ordinance No. Z-4241

 Staff Report

 Maps

 Ordinance No. Z-4241

 Criteria for Rezonings and Special Use Permits

 

33.

Rezoning No. REZ2022-00013 - 10440 Marty. Rezoning is requested from CP-2, Planned General Business District, to BP, Business Park District, to allow self-storage and incubator office space. Application made by ANL 8300, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. Ordinance No. Z-4242

 Staff Report

 Maps

 Applicant Response to Deviation Criteria

 Ordinance No. Z-4242

 Criteria for Rezonings and Special Use Permits

 

34.

Rezoning No. REZ2022-00014 - Vicinity of the southeast corner of 95th Terrace and Mission. Rezoning is requested from R-1, Single-Family Residential District, and R-2, Two-Family Residential District, to RP-4, Planned Cluster Housing District, to allow multi-family housing. Application made by Ranch Mart South, LLC. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. Ordinance No. Z-4243

 Staff Report

 Maps

 Ordinance No. Z-4243

 Criteria for Rezonings and Special Use Permits

 

35.

Comprehensive Plan Annual Update No. PLM2022-00082 - 2022 Annual Updates. Application made by the City of Overland Park. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. Ordinance No. OPCP-3381

 Staff Report

 Summary Packet

 Ordinance No. OPCP-3381

 

36.

Official Street Map Annual Update No. PLM2022-00084 - 2022 Annual Updates. Application made by the City of Overland Park. The Planning Commission approved this item on October 10, 2022, by a vote of 9 to 0. Ordinance No. CSM-3382

 Staff Report

 Summary Packet

 Ordinance No. CSM-3382

 

Planning Commission - Regular Agenda

 

 

37.

Drainage and Storm Sewer Easement Vacation No. VAC2022-00004 - Overland Crossing - 11900 Metcalf. Application made by Phelps Engineering, Inc. Ordinance No. VAC-3391

 

         Staff requests a continuance to the December 5, 2022, City Council meeting.

 Staff Report

 

38.

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 October 3, 2022, City Council Meeting)

 Staff Report

 Maps

 Ordinance No. Z-4180

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

1.

Executive Session - To conduct preliminary discussions relating to the acquisition of real property, pursuant to K.S.A. 75-4319 (b)(6).

 Council Staff Report - Html

 

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