City of Overland Park logo

 

City of Overland Park

Mayor and Council

 

Monday, March 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.

Federal Fiscal Year 2022 Consolidated Annual Performance and Evaluation Report (CAPER) - Outlining the use of Community Development Block Grant (CDBG) funds during FFY2022.

 

Resolution No. 4874 - Approving the City's FFY 2022 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. 4874

 2022 CDBG Consolidated Annual Performance Evaluation Report (CAPER )

 

MAYOR CURT SKOOG

 

 

2.

Proclamation - Proclaiming March 6, 2023, as Kansas Recreation and Parks Association Excellence Day in Overland Park.

 Proclamation

 

3.

New Appointment to the Downtown Overland Park Partnership:

 

         Jim Kite - Term 03-06-23 to 12-31-24.

 

4.

Announcement - The Informal Meeting of the Committee-of-the-Whole scheduled for Monday, March 20, 2023, will begin at 5:15 p.m. rather than the previously scheduled time of 5:30 p.m. The purpose of this informal meeting will be to meet for dinner with the 2023 Leadership Overland Park Class. The meeting will be held in the Multi-Purpose Room of the Myron Scafe Building at 8500 Antioch Road.

 

COUNCIL PRESIDENT JIM KITE

 

 

5.

Report from the Committee-of-the-Whole meeting held on Monday, March 6, 2023:

 

         2024-2028 Five-Year Financial Plan, Capital Improvements Program and Maintenance Program

         Ordinance No. STE-3403 - Authorizing Dedicated Sales Tax.

 Committee Report to Council - Html

 Ordinance No. STE-3403

 Notice of Election (Three-Eighth Cent Special Sales Tax - 2023)

 

CITY MANAGER LORI CURTIS LUTHER

 

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

6.

Bid Tabulation - 2023-2024 Median Mowing, with Supreme Green Landworks, LLC,  in the amount of $451,387.20.

 Committee Report to Council - Html

 Bid Tabulation -  2023-2024 Median Mowing

 

7.

Resolution No. 4829 - Establishing the Parks and Recreation Fee and Cost Recovery Policy for use of the City's parks and recreation facilities and programs and authorizing the rules, regulations and procedures for the operation of the same.

 Committee Report to Council - Html

 Resolution No. 4829

 Parks and Recreation Fee and Cost Recovery Policy

 Parks and Recreation Master Fee Schedule

 

8.

Ordinance No. P-3399 - Relating to parks and recreation; concerning fees for use of municipal swimming pools, golf courses, parks, community centers and the Arboretum.

 Committee Report to Council - Html

 Ordinance No. P-3399

 

9.

Approve Selection and Authorization to Enter into Contract - SFS Architecture, Inc., for the design of Bietigheim-Bissingen Park, located in the vicinity of the northeast corner of 159th Street and Quivira, in the amount of $358,610.

 Committee Report to Council - Html

 Proposed Scope of Work - SFS Architecture

 

10.

Resolution No. 4882 - Authorizing the establishment of a common consumption area generally located in the vicinity of 79th Street and Santa Fe Drive, south to 80th Street and Marty, and Overland Park Drive to Valley View 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.

 Committee Report to Council - Html

 Resolution No. 4882

 Exhibit A-J -Maps

 

11.

Resolution No. 4878 - Enlargement of Consolidated Main Sewer District located in the vicinity of 148th Street and Switzer Road.

 Committee Report to Council - Html

 Resolution No. 4878

 Letter of Request and Map

 

Public Works – Committee Report

 

 

12.

Stormwater Variance - To place a proposed building skywalk over an existing permanent drainage easement and public storm sewer line, subject to stipulations a through e, and directing staff to prepare an Easement Encroachment Agreement and a resolution exempting the variance from the requirements of Resolution No. 4784, for the Promontory, Phase 2 Development, located in the vicinity of 89th Street, between Metcalf and Glenwood.

 Committee Report to Council - Html

 Attachment A - Variance Request.pdf

 Attachment B - Governing Body Policy Resolution No. 4784

 Attachment C - Applicants Drawing

 

13.

Bid Tabulation – 2023 Bridge Maintenance, with PCiRoads, LLC, in the amount of of $999,830.40.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Bridge Maintenance [Project No. MR-2897]

 Location Map - 2023 Bridge Maintenance [Project No. MR-2897]

 

14.

Bid Tabulation - 2023 Street Improvements Project (Overlay), with Superior Bowen Asphalt Company, LLC, in the amount of $7,982,989.02.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Street Improvements Project, Overlay [Project No. MR-2892]

 

15.

Bid Tabulation - 2023 Street Improvements Project, Ultra-thin Bonded Asphalt Surface (UBAS), with Superior Bowen Asphalt Company, LLC, in the amount of $5,092,469.67.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Street Improvements Project, UBAS [Project No. MR-2893]

 

16.

Bid Tabulation - 2023 Street Improvements Project (Concrete), with Phoenix Concrete LLC, in the amount of $2,327,542.91.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Street Improvements Project, Concrete [Project No. MR-2894]

 

17.

Bid Tabulations for 2023 Street Maintenance Materials:

 

Bid Tabulation - 2023 Road Oils - Vance Brothers, Inc., for Item 1 CSS-1H and Water (Heated); and Craftco, Inc., for Item 2 Rubberized Asphaltic Crack Sealer.

 

Bid Tabulation - 2023 Asphaltic Concrete - Bettis Asphalt and Construction, Inc., for Item 1 OP SuperPave Intermediate Course, KCMMB A2 and Paving Millings Credit, and Item 2 KDOT Class A Commercial Grade HMA.

 

Bid Tabulation - 2023 Portland Cement Concrete - Concrete Materials, Inc., for Item 1 KCMMB 4K, Item 2 KCMMB 5K, and Item 3 low strength flowable fill.

 

Bid Tabulation - 2023 Aggregates - No bids received.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Maintenance Materials (MR-2898)

 

18.

Bid Tabulation – 2023 Neighborhood Streets Reconstruction Program, with Miles Excavating, Inc., in the amount $$7,444,657.40.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Neighborhood Streets Reconstruction Program [Project No. SR-1802]

 Locations Map - 2023 Neighborhood Streets Reconstruction Program [Project No. SR-1802]

 

19.

Waive Bid Process and Sole Source Purchase - Bagela USA, LLC, for the purchase of a mobile 10-ton capacity asphalt pavement recycler to process used asphalt into fresh patching materials, to be funded from the 2023 Equipment Replacement Program in the amount of $196,075.

 Committee Report to Council - Html

 Quote - Bagela USA, LLC

 

20.

Waive Bid Process and Sole Source Purchase -  Landoll Corporation, LLC, for the purchase of a Landoll 835 Detachable Trailer to transport heavy equipment for public works maintenance duties, in the amount of $109,759.65.

 Committee Report to Council - Html

 Quote - Landoll Corporation, LLC

 Quote - Felling Trailers, Inc.

 Photo - Combo Paver Slope

 Photo - Landoll Low Ground Clearance Ramp

 Photo - Landoll Ramp

 

Finance, Administration and Economic Development - Staff Report

 

 

21.

Expenditure Ordinance No. 2A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for February 3 through February 16, 2023.

 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, 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

 

 

22.

Agreement - Olsson, Inc., for engineering and architectural services for the College Boulevard Bridge over Indian Creek project, in an amount not to exceed $765,584.

 Committee Report to Council - Html

 Agreement- Olsson, Inc. [Project No. BR-2020]

 

23.

Bid Tabulation - 2023 Chip Seal Program, Part 1, with Vance Brothers, Inc., in the amount of $3,394,686.62.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Chip Seal, Part 1 [Project No. MR-2895]

 Location Map - 2023 Chip Seal Part 1 [Project No. MR-2895]

 

24.

Bid Tabulation - 2023 Chip Seal Program, Part 2, with Vance Brothers, Inc., in the amount of $3,258,992.50.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Chip Seal, Part 2 [Project No. MR-2896]

 Location Map - 2023 Chip Seal Part 2 [Project No. MR-2896]

 

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

 

 

25.

Announcement - The March meeting of the Finance, Administration and Economic Development Committee Meeting originally scheduled for Wednesday, March 15 will be rescheduled to Monday, March 20, 2023, at 6:30 p.m. The meeting will be held in Conference Room No. 1 of City Hall, 8500 Santa Fe Drive.

 

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. 4881 - Authorizing the sale and conveyance of the Black and Veatch Corporation project, the execution of a release of real estate and special warranty deed and further authorizing certain additional related actions in connection with the City’s not to exceed $60,000,000 Federally Taxable Private Activity Revenue Bonds, Series 2009 and not to exceed $62,000,000 Federally Taxable Private Activity Revenue Bonds, Series 2012 (Black and Veatch Corporation EDRB Project).

 Council Staff Report - Html

 Resolution No. 4881

 Release of Real Estate - City of Overland Park to Black & Veatch Corporation

 Special Warranty Deed - City of Overland Park to Black & Veatch Corporation

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Director, Planning & Development Services

Jack Messer

 

 

Planning Commission - Consent Agenda

 

 

27.

Special Event Permit No. SEP2021-00443 - 9401 Indian Creek Parkway. A special event permit is requested to allow a 4th of July celebration on July 4, 2023, in Corporate Woods Founders’ Park. Application made by Julie Bilyea, representing the City of Overland Park.

 Staff Report

 Maps

 

28.

Special Event Permit No. SEP2023-00055 - 7200 West 132nd Street. A special event permit is requested from April 28 through November 1, 2023, to allow two food trucks in South Creek Office Park. Application made by Chris Maberry, representing DDI Realty Services, Inc.

 Staff Report

 Maps

 

29.

DFD Certificate of Conformity No. DEV2022-00108 - Tiki Taco - 7514 West 80th Street. Application made by 7514 W 80th, LLC. The Planning Commission approved this item on February 13, 2023, by a vote of 10 to 0.

 Staff Report

 Maps

 Deviation Criteria Response

 Trash and Parking Correspondence

 

30.

Special Use Permit No. SUP2022-00025 - 10520 Metcalf. A special use permit is requested for a 10-year period of time to allow a dog daycare and boarding. This property is currently zoned CP-2, Planned General Business District. Application made by Sunil Kumar. The Planning Commission approved this item on February 13, 2023, for a five-year period of time, by a vote of 10 to 0. Ordinance No. Z-4254

 Staff Report

 Maps

 Ordinance No. Z-4254

 Criteria for Rezonings and Special Use Permits

 

31.

Special Use Permit No. SUP2022-00026 - 4941 Hadley. A special use permit is requested for a 10-year period of time to allow the renewal of a temporary commercial use. This property is currently zoned M-1, Industrial Park District. Application made by Vernon Estes. The Planning Commission approved this item on February 13, 2023, for a 10-year period of time, by a vote of 10 to 0. Ordinance No. Z-4255

 Staff Report

 Maps

 Ordinance No. Z-4255

 Criteria for Rezonings and Special Use Permits

 

32.

Special Use Permit No. SUP2022-00027 - 7211 West 97th Street. A special use permit is requested for a 10-year period of time to allow a temporary industrial use for a microbrewery. This property is currently zoned CP-2, Planned General Business District. Application made by Curry Investment Company. The Planning Commission approved this item on February 13, 2023, for a 10-year period of time, by a vote of 10 to 0. Ordinance No. Z-4256

 Staff Report

 Maps

 Ordinance No. Z-4256

 Criteria for Rezonings and Special Use Permits

 

33.

Special Use Permit No. SUP2022-00028 - 8900 West 135th Street. A special use permit is requested for a four-month period of time to allow a temporary commercial use for a seasonal retail garden center. This property is currently zoned CP-2, Planned General Business District. Application made by Kaw Valley Greenhouse, Inc. The Planning Commission approved this item on February 13, 2023, for a four-month period of time, by a vote of 10 to 0. Ordinance No. Z-4257

 Staff Report

 Maps

 Ordinance No. Z-4257

 Criteria for Rezonings and Special Use Permits

 

34.

Rezoning No. REZ2022-00017 - Vicinity of the southwest corner of 133rd Street and Richards Road. Rezoning is requested from RP-5, Planned Apartment House District, to RP-6, Planned High-Rise Apartment District, to allow additional units within existing apartment buildings. Application made by 13331 Houser Owner, LLC, represented by Doug Ubben, Jr., with Phelps Engineering, Inc. The Planning Commission approved this item on February 13, 2023, by a vote of 9 to 0. Ordinance No. Z-4253.

 Staff Report

 Maps

 Deviation Criteria Response

 Ordinance No. Z-4253

 Criteria for Rezonings and Special Use Permits

 

Planning Commission - Regular Agenda

 

 

35.

Revised Preliminary Plan No. PDP2022-00015 - 97 Metcalf - Vicinity of the southeast corner of 97th Street and Metcalf. Application made by Box Development, LLC. The Planning Commission approved this item on February 13, 2023, by a vote of 9 to 1. (Related Case No. REZ2021-00009)

 Staff Report

 Maps

 Neighborhood Meeting Minutes

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

36.

Ordinance No. Z-4252 - Relating to zoning: rescinding a special use ordinance, specifically rescinding Z-Ordinance No. Z-3784, Special Use Permit No. 2016-4 (PLM2023-00008).

 Staff Report

 Maps

 Property Owner Letter

 Ordinance No. Z-4252

 

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