City of Overland Park logo

 

City of Overland Park

Mayor and Council

REVISED

Monday, August 7, 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

 

 

MAYOR CURT SKOOG

 

 

1.

Presentation of Legacy of Greenery Committee 2023 Canopy Street of Excellence Award:

 

         Outlook Street, 152nd Place to the north end.

         Green Meadows Neighborhood

 

COUNCIL PRESIDENT JIM KITE

 

 

CITY MANAGER LORI CURTIS LUTHER

 

 

2.

Amendment No.1 to Agreement - Thorn Run Partners for Federal Legislative Consulting Services.

 Council Staff Report - Html

 Amendment No. 1 to Agreement - Thorn Run Partners

 

 

CONSENT AGENDA

 

 

Community Development - Committee Report

 

 

3.

Ordinance No. MW-3421 - Levying special assessments against private properties for unpaid expenses incurred by the City, for costs associated with cutting weeds and noxious vegetation, removing trash and refuse, correcting nuisances or other property maintenance violations, and failed inspection fees.

 Committee Report to Council - Html

 Ordinance No. MW-3421

 2023 Cost Overview and Work Order History

 Total Assessment By Year 2013-2023

 

4.

Approve Consultant Selection and Authorization to Negotiate Agreement - Multistudio, Inc., for the creation of the Overland Park Urban Forest Master Plan.

 Committee Report to Council - Html

 

Public Works – Committee Report

 

 

5.

Authorization to Enter into City-State Agreement and Waive Bid Process and Enter into Data Support Agreement - Kansas Department of Transportation, for funding for INRIX Data Support for the U.S. 69 Corridor Modernization and Expansion Project (69Express) in the amount of $130,500 in KDOT grant program funding and the estimated cost of $43,500 to the City (KDOT Project No. N-0763-01); and Waiving the Bid Process and Authorization to Enter into Agreement with INRIX, for Data Support for the 69Express Project. (Project No. ST-2799).

 

 Committee Report to Council - Html

 City-State Agreement - KDOT [Project No. N-0763-01]

 

Finance, Administration and Economic Development - Committee Report

 

 

6.

2023 Municipal Court Judges Compensation - Increasing the Judges' compensation effective September 1, 2023.

 Committee Report to Council - Html

 

Finance, Administration and Economic Development - Staff Report

 

 

7.

Expenditure Ordinance No. 7A - Outlining the expenditures from the General Operating Fund and the Capital Projects Fund for July 7 through July 20, 2023.

 Expenditure Ordinance No. 7A

 

 

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

 

 

Interim Director, Planning & Development Services

Leslie Karr

 

 

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

Alan Long

 

 

Public Works – Committee Report

 

 

 

Paul Lyons, Chair

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

 

 

8.

Bid Tabulation - 2023 Crack Seal Program, with Adventus Material Strategies, LLC, d/b/a Supersealing USA, LLC, in the amount of $574,965.85.

 Committee Report to Council - Html

 Bid Tabulation - 2023 Crack Seal Program [Project No. MR-2899]

 

Public Works – Staff Report

 

 

 

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

 

 

9.

Ordinance No. B-3424 - Authorizing the City to issue Federally Taxable Private Activity Bonds, Series 2023, in the principal amount not to exceed $49,500,000 for the purpose of financing construction materials, equipment and furnishings of a mixed-use commercial development and authorizing the execution of certain documents in connection with the issuance of the Bonds (Bluhawk Commercial Development – Phase 1 EDRB Project).

 

         Trust Indenture – between the City and Security Bank of Kansas City

         Base Lease Agreement - among Bluhawk Holdings, Inc., Bluhawk Land LLC, Bluhawk Market Place, LLC, and Bluhawk Sports Properties, LLC, and the City

         Lease Agreement - among the City and Bluhawk Holdings, Inc., Bluhawk Land, LLC, Bluhawk Market Place, LLC, and Bluhawk Sports Properties, LLC

         Bond Purchase Agreement – among the City, Bluhawk Holdings, Inc., Bluhawk Land, LLC, Bluhawk Market Place, LLC, and Bluhawk Sports Properties, LLC

 

 

 Council Staff Report - Html

 Ordinance No. B-3424

 Trust Indenture - Bluhawk Commercial Development (Phase 1) EDRB

 Base Lease Agreement - Bluhawk Commercial Development (Phase 1) EDRB

 Lease Bluhawk Commercial Development (Phase 1) EDRB

 Bond Purchase Agreement Bluhawk Commercial Development (Phase 1) EDRB

 

 

RECOMMENDATIONS FROM THE PLANNING COMMISSION

 

 

 

Interim Director, Planning & Development Services

Leslie Karr

 

 

Planning Commission - Consent Agenda

 

 

10.

Revised Preliminary Plan No. PDP2023-00009 - Metcalf Village Shops - Vicinity of the southeast corner of 161st Street and Metcalf. Application made by Metcalf Plaza, LLC. The Planning Commission approved this item on July 10, 2023, by a vote of 9 to 0. (Related Case No. REZ2007-00023)

 Staff Report

 Maps

 

11.

Special Use Permit No. SUP2023-00010 - 13955 West 175th Street. A special use permit is requested for a 10-year period of time to allow a boarding facility for dogs. This property is currently zoned RLD-J, Residential Low-Density District, Johnson County. Application made by Roger Ratzlaff. The Planning Commission approved this item on July 10, 2023, for a five-year period of time, by a vote of 9 to 0. Ordinance No. Z-4299

 Staff Report

 Maps

 Applicant Submittal

 Ordinance No. Z-4299

 Criteria for Rezonings and Special Use Permits

 

12.

Special Use Permit No. SUP2023-00015 - 9701 West 137th 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, and REC, Recreation District. Application made by Blue Valley Recreation. The Planning Commission approved this item on July 10, 2023, for a five-year period of time, by a vote of 8 to 0. Ordinance No. Z-4300

 Staff Report

 Maps

 Ordinance No. Z-4300

 Criteria for Rezonings and Special Use Permits

 

13.

Rezoning No. REZ2023-00007 - Vicinity of the southeast corner of 159th Street and Metcalf. Rezoning is requested from CP-1, Planned Restricted Business District, and CP-2, Planned General Business District, to MXD, Planned Mixed Use District, to allow mixed used development. Application made by Lux Living. The Planning Commission approved this item on July 10, 2023, by a vote of 9 to 0. Ordinance No. Z-4295

 Staff Report

 Site Maps

 Building Elevations

 Project Design Manual

 Neighborhood Meeting Summary

 Ordinance No. Z-4295

 Criteria for Rezonings and Special Use Permits

 

14.

Rezoning No. REZ2023-00009 - Vicinity of the northeast corner of 159th Street and Quivira. Rezoning is requested from RR-J, Rural Residential District, Johnson County, and RP-OS, Planned Open Space Single-Family Residential District, to  R-1, Single-Family Residential District to allow a City park. Application made by the City of Overland Park. The Planning Commission approved this item on July 10, 2023, by a vote of 9 to 0. Ordinance No. Z-4297

 Staff Report

 Maps

 Ordinance No. Z-4297

 Criteria for Rezonings and Special Use Permits

 

15.

Rezoning No. REZ2023-00011 - 9822 West 159th Street. Rezoning is requested from A-J, Agricultural District, Johnson County, to RP-1, Planned Single-Family Residential District, to allow residential development. Application made by Jerred A Mann Trust. The Planning Commission approved this item on July 10, 2023, by a vote of 9 to 0. Ordinance No. Z-4298

 Staff Report

 Maps

 Ordinance No. Z-4298

 Criteria for Rezonings and Special Use Permits

 

16.

Unified Development Ordinance Amendment No. PLM2023-00032 - UDO Amendments to Sections 18.100.041, 18.100.043, 18.100.049, 18.100.050, 18.100.160, 18.110.130, 18.110.180, 18.110.265, 18.110.270, 18.130.050, 18.140.030, 18.140.150, 18.140.180, 18.140.260, 18.150.030, 18.240.010, 18.245.010, 18.250.050, 18.270.050, 18.275.010, 18.280.050, 18.350.010 and 18.420.025 and repealing Section 18.110.370 and 18.110.410 of the UDO to change all references of the "Master Plan" to the "Comprehensive Plan”; and remove all references and applications of the "Land Use Intensity System" (LUI). Application made by The City of Overland Park. The Planning Commission approved this item on July 10, 2023, by a vote of 9 to 0. Ordinance No. ZRR-3416

 Staff Report

 Ordinance No. ZRR-3416 - Redline Version

 Ordinance No. ZRR-3416 - Clean Version

 

Planning Commission - Regular Agenda

 

 

17.

Rezoning No. REZ2023-00008 - Vicinity of the southeast corner of Cody and Quivira. Rezoning is requested from CP-O, Planned Office Building District, to CP-2, Planned General Business District, to allow a drive-thru restaurant. Application made by Bluemont Group, LLC. The Planning Commission approved this item on July 10, 2023, by a vote of 5 to 3. Ordinance No. Z-4296

 Staff Report

 Maps

 Ordinance No. Z-4296

 Criteria for Rezonings and Special Use Permits

 

18.

Rezoning No. REZ2022-00020 - Vicinity of the southeast corner of 175th Street and Pflumm. Rezoning is requested from RUR-J, Rural District, Johnson County, to CP-2, Planned General Business District; RP-3, Planned Garden Apartment District; and RP-6, Planned High-Rise Apartment District, to allow retail and multi-family uses. Application made by Pflumm Holdings, LLC; Cogswell Holdings, LLC; Melkkoe, LLC; and Schlagel Holdings, LLC. The Planning Commission approved this item on July 10, 2023, by a vote of 7 to 2. Ordinance No. Z-4294

 Staff Report

 Traffic Analysis Tables

 Maps

 Height Deviation Request

 Neighborhood Meeting Summary

 Ordinance No. Z-4294

 Criteria for Rezonings and Special Use Permits

 

 

OLD BUSINESS

 

 

 

NEW BUSINESS

 

 

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