City of Overland Park logo

 

City of Overland Park

Mayor and Council

 

Monday, February 6, 2023

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 Jim Kite

 

 

Thomas Carignan

Melissa Cheatham

Jeff Cox

Faris Farassati

Holly Grummert

Scott Hamblin

Logan Heley

Paul Lyons

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 Federal Fiscal Year (FFY) 2023 Annual Action Plan:

 

Resolution No. 4867 -  Approving the City’s Community Development Block Grant FFY 2023 Annual Action Plan and its submission to the Department of Housing and Urban Development.

 Committee Report to Council - Html

 Resolution No. 4867

 Fiscal Year 2023 Annual Action Plan

 2023 Funding Recommendations

 

MAYOR CURT SKOOG

 

 

2.

Proclamation - Proclaiming February 2023, as Black History Month in Overland Park.

 Proclamation

 

3.

New Appointments to the Arts and Recreation Foundation:

 

         Abigail Czinege - Term 1-01-23 to 12-31-24

         Ken Selzer - Term 1-01-23 to 12-31-24

         Elaine Stolze - Term 1-01-23 to 12-31-24

         Jeff vonSeldeneck - Term 1-01-23 to 12-31-24

         Melissa Windon - Term 1-01-23 to 12-31-24

 New Appointments to the Arts and Recreation Foundation

 

4.

Reappointments to the Arts and Recreation Foundation:

 

         Emma Bland - Term 1-01-23 to 12-31-24

         Phil Bressler - Term 1-01-23 to 12-31-24

         Marga Spangler - Term 1-01-23 to 12-31-24

         Tanya Wilson - Term 1-01-23 to 12-31-24

 Reappointments to the Arts and Recreation Foundation

 

5.

Reappointment to the Civil Service Commission:

 

         Brad Plumb - Term 1-03-23 to 1-03-26

 Reappointment to the Civil Service Commission

 

6.

Reappointments to the Legacy of Greenery Committee:

 

         Philip Bennet - Term 2-01-23 to 2-01-25

         James Dunn - Term 2-01-23 to 2-01-25

         Marie Hunter - Term 2-01-23 to 2-01-25

 Reappointments to the Legacy of Greenery Committee

 

7.

Reappointments to the Parks and Recreation Advisory Council:

 

         Jeff Byers - Term 2-01-23 to 2-01-25

         Jared Coleman - Term 2-01-23 to 2-01-25

         Mark Coyne - Term 2-01-23 to 2-01-25

 Reappointments to the Parks and Recreation Advisory Council

 

COUNCIL PRESIDENT JIM KITE

 

 

CITY MANAGER LORI CURTIS LUTHER

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

8.

Bid Tabulation - Looks Great Services of MS, Inc., for American Rescue Plan Act (ARPA) Funded Ash Street Tree Removal, in the amount of $980,000.

 Committee Report to Council - Html

 Bid Tabulation - ARPA-Funded Ash Street Tree Removal

 Maps - ARPA Tree Removal

 

9.

Resolution No. 4873 - Setting a public review and comment period from February 15 through March 2, 2023, and a public hearing on March 6, 2023, regarding the approval and submission of the City’s Federal Fiscal Year (FFY) 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).

 Committee Report to Council - Html

 Resolution No. 4873

 2022 CDBG Consolidated Annual Performance Evaluation Report Draft

 

10.

Waive Bid Process and Authorization for City Manager to Enter into Agreement - Combs Construction, LLC, for the Maple Hills Park Restroom and Shelter improvements, in the amount of  $919,291.

 Committee Report to Council - Html

 November 2022 Bid Tabulation - Maple Hills Park Improvements [Project No. PR-1697]

 January 2023 Revised Construction Costs - Maple Hills Park Improvements [Project No. PR-1697]

 Engineer's Estimate - Maple Hills Park Improvements

 

Public Works – Committee Report

 

 

11.

Agreement - City of Shawnee, for public improvement of Switzer, 75th Street to 79th Street, with an estimated cost to Overland Park in the amount of $67,626.

 Committee Report to Council - Html

 Interlocal Agreement - City of Shawnee [Project No. MR-2942]

 

12.

Bid Tabulation - VF Anderson Builders, LLC, for 2022 Major Storm Sewer Repair, in the amount of $1,911,302.50.

 Committee Report to Council - Html

 Bid Tabulation - 2022 Major Storm Sewer Repair [Project No. MS-1739]

 

13.

Agreement - Mid-America Regional Council, for funding operations for the Operation Green Light Traffic Control System for 2023-2026, in the annual amount of $35,800.

 Committee Report to Council - Html

 Agreement - Operation Green Light Traffic Control System

 Exhibit A - Operation Green Light Information Sheet

 Exhibit B - Overland Park Traffic Control Map

 

Finance, Administration and Economic Development - Staff Report

 

 

14.

Confirmation of Investments.

 Confirmation of Investments

 

15.

Expenditure Ordinance No. 1A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for December 23, 2022, through January 5, 2023.

 Expenditure Ordinance No. 1A

 

16.

Expenditure Ordinance No. 1B - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for January 6, through January 19, 2023.

 Expenditure Ordinance No. 1B

 

 

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

Melissa Cheatham, Vice Chair; Thomas Carignan; Faris Farassati; Scott Hamblin; Scott Mosher

 

 

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

 

 

 

Paul Lyons, Chair

Scott Mosher, Vice Chair; Jeff Cox; Faris Farassati; Logan Heley; Jim Kite

 

 

17.

Agreement - Kaw Valley Engineering, Inc., for on-demand construction material testing services for respective projects and others to be initiated, in the amount of $128,406.

 Committee Report to Council - Html

 Agreement - Kaw Valley Engineering, Inc.

 

Public Works – Staff Report

 

 

 

Interim Director, Public Works

Lorraine Basalo

 

 

Finance, Administration and Economic Development - Committee Report

 

 

 

Thomas Carignan, Chair

Fred Spears, 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

 

 

18.

Resolution No. 4875 - Authorizing the sale and conveyance of the Apex at CityPlace project, the execution of a release of leases and further authorizing certain additional related actions in connection with the City’s not to exceed $21,225,300 Federally Taxable Private Activity Revenue Bonds, Series 2021. (The Apex at CityPlace EDRB Project).

 Council Staff Report - Html

 Resolution No. 4875

 Release of Leases - Apex at CityPlace (CP Apex Investors, LLC)

 

19.

Ordinance No. B-3400 - Authorizing the City to issue Federally Taxable Private Activity Bonds, Series 2023, in the principal amount not to exceed $9,517,535 for the purpose of financing construction materials, equipment and furnishings of a commercial development and authorizing the execution of certain documents in connection with the issuance of the bonds (SERV at Promontory EDRB Project).

 

         Trust Indenture - BOKF, N.A.

         Base Lease Agreement - Between Arbor Development, LLC, and the City.

         Lease Agreement - Between the City and Arbor Development, LLC.

         Bond Purchase Agreement - Arbor Development, LLC.

 Council Staff Report - Html

 Ordinance No. B-3400

 Trust Indenture - BOKF, N.A. (SERV at Promontory EDRB Project)

 Base Lease Agreement - Arbor Development, LLC (SERV at Promontory EDRB Project)

 Lease Agreement - Arbor Development, LLC (SERV at Promontory EDRB Project))

 Bond Purchase Agreement - Arbor Development, LLC (SERV at Promontory EDRB Project)

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

20.

Special Event Permit No. SEP2023-00003 - 7950 Marty. A special event permit is requested to allow a Farmer's Market at the Downtown Overland Park Market Pavilion for 2023. Application made by Kristina Stanley, representing the City of Overland Park.

 Staff Report

 Schedule and Maps

 

21.

Special Event Permit No. SEP2023-00017 - 13700 Switzer. A special event permit is requested from February 17 through December 10, 2023, to allow multiple events at the Scheel’s Overland Park Soccer Complex. Application made by Michael Laplante, representing the City of Overland Park.

 Staff Report

 Schedule and Maps

 

22.

Acceptance of Right-of-Way - Final Plat No. PLT2022-00069 - Mills Village - Vicinity of the northeast corner of 167th Street and Quivira. Application made by Mills Farm Development, LLC. The Planning Commission approved this item on January 9, 2023, by a vote of 9 to 0. (Related Case No. PLT2022-00068)

 Staff Report

 Maps

 

23.

Acceptance of Right-of-Way - Final Plat No. PLT2022-00076 - ZZYZX - 14640 Switzer. Application made by Zachary and Amanda Fletcher. The Planning Commission approved this item on January 9, 2023, by a vote of 9 to 0. (Related Case No. PLT2022-00075)

 Staff Report

 Maps

 

24.

Acceptance of Right-of-Way - Final Plat No. PLT2022-00077 - KB Estates - 12711 Oakmont. Application made by Built by KB. The Planning Commission approved this item on January 9, 2023, by a vote of 9 to 0. (Related Case No. PLT2022-00065)

 Staff Report

 Maps

 

25.

Rezoning No. REZ2022-00016 - 12801 and 13101 West 183rd Street. Rezoning is requested from RUR-J, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow a single-family residential subdivision. Application made by Gavin Barmby, with Graystone, LLC. The Planning Commission approved this item on January 9, 2023, by a vote of 9 to 0. Ordinance No. Z-4250

 Staff Report

 Maps

 Ordinance No. Z-4250

 Criteria for Rezonings and Special Use Permits

 

26.

Special Use Permit No. SUP2022-00023 - 3651 West 95th Street. A special use permit is requested for a 10-year period of time to allow renewal of an existing wireless communications facility and cellular tower. This property is currently zoned CP-2, Planned General Business District. Application made by Ranch Mart South East Building, LLC. The Planning Commission approved this item on January 9, 2023, for a 10-year period of time, by a vote of 9 to 0. Ordinance No. Z-4251

 Staff Report

 Maps

 Ordinance No. Z-4251

 Criteria for Rezonings and Special Use Permits

 

27.

Unified Development Ordinance Amendment No. PLM2022-00118 - Amendments to the Unified Development Ordinance (UDO) related to deviations: Chapter 18.150.070 - Zoning Districts. Application made by the City of Overland Park. The Planning Commission approved this item on January 9, 2023, by a vote of 9 to 0. Ordinance No. ZRR-3396

 Staff Report

 Draft Version and City Comparisons

 Ordinance No. ZRR-3396 - Redline Version

 Ordinance No. ZRR-3396 - Clean Version

 

Planning Commission - Regular Agenda

 

 

28.

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 December 12, 2022, by a vote of 7 to 3. Ordinance No. Z-4180 (A valid protest petition has been submitted.) (Continued from January 9, 2023, City Council)

 

         This application has been withdrawn.

 Staff Report

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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