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Overland Park
Kansas
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City Council Action Summary - July 7, 2008
  1. Held public hearing and approved the Real Estate Redevelopment Project Plan; the Redevelopment Agreement with Market Lofts, L.L.C., and Ordinance No. RD-2765, approving and adopting a Redevelopment Project Plan for Redevelopment District, vicinity of 80th Street and Marty (Market Lofts Project, Project Area A).

  2. Approved Restrictive Covenant and Access Agreement for Market Lofts Project located in the vicinity of 80th Street and Marty.

  3. Reported from the Committee of the Whole meeting held June 23, 2008, and approved the Employment Agreement dated Jan. 1, 2000, as amended, between the city and City Manager regarding terms and conditions of his continued employment as outlined in a report from the Committee of the Whole, dated July 3, 2008.

  4. Approved (and denied where noted) the following Consent Agenda items:

    COMMUNITY DEVELOPMENT
    Committee Item

    1. Contract with Joseph Welch, for the purchase of a sculpture titled “On the Go” to be located on the east side of U.S. 69 Highway and adjacent to the newly constructed 132nd Street overpass in the amount of $22,500.

    PUBLIC WORKS
    Committee Items

    1. Denied request for city to participate financially in constructing drainage structures to correct private drainage problems;
    2. Traffic Calming Policy for residential and collectors streets, with the balloting approval for collector streets to be defined as needing 50 percent plus one ballot of those mailed to be in favor of traffic calming;
    3. Streetlight variance for Mission Farms West, north of I-435 between Mission Road and Indian Creek, for non-standard city lights and poles, assuming the design meets city lighting standards, with the development to assume all long-term maintenance, operations and owner-ship of the streetlight system and paying for all energy costs, and contingent on the execution of a negotiated agreement with the developer that the Committee will review the city’s street lighting policy in the coming months with regard to the responsibility for payment for energy costs of private street lighting.

    FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT
    Staff Items

    1. Council minutes – May 5 and May 19, 2008;
    2. Confirmed investments totaling $8,008,400 in U.S. Agency Securities;
    3. Expenditure Ordinance No. 6A – Outlining the expenditures from the General Operating Fund for May 28 through June 10, 2008;
    4. Expenditure Ordinance No. 6B – Outlining the expenditures from the General Operating Fund for June 11 through June 24, 2008;
    5. Capital Projects Expenditure Ordinance No. 6C – Outlining the expenditures from the Capital Projects funds for June 12 through June 18, 2008;
    6. Capital Projects Expenditure Ordinance No. 6D – Outlining the expenditures from the Capital Projects funds for June 19 through June 25, 2008;
    7. Capital Projects Expenditure Ordinance No. 7A – Outlining the expenditures from the Capital Projects funds for June 26 through July 2, 2008;
    8. Application for Renewal of Drinking Establishment License Contingent on Receiving State License - Johnny's Tavern, L.L.C., d/b/a Johnny's Tavern, 6765 W. 119th St., Kyle Witherspoon, manager;
    9. Application for Renewal of Drinking Establishment and Caterers License - Fiorella's Jack Stack Overland Park, Inc., d/b/a Fiorella's Jack Stack Barbecue, 9520 Metcalf, Janet Keegan, manager;
    10. Application for New Cereal Malt Beverage License - T-Fuels and C-Stores, L.L.C., d/b/a Shell, 10695 Roe, Ernest W. Sawyer, manager;
    11. Applications for Renewal of Cereal Malt Beverage Licenses - a) Lakhani Commercial Corporation, d/b/a Shell Food Mart Grab N Go No. 13, 7427 Metcalf, Hanif Lakhani, manager; b) Original Pizza of Kansas, d/b/a Original Pizza of Kansas, Inc., 11134 Antioch, Francesco Leone, manager.

    PUBLIC SAFETY
    Staff Items

    1. Applications for Renewal of Massage Establishment Licenses - a) Par Exsalonce, 11849 College Boulevard, Kevin L. Doehring, applicant; b) Synergy Wellness Center, 6701 W. 121st St., Trina Rice, applicant; c) Wellness Works, L.L.C., 10925 Antioch, Michelle Warner, applicant;
    2. Application for New Massage Establishment License and In-Office Massage License - Relief Bodyworks, 12643 Metcalf, Jenna Hyatt, applicant;
    3. Application for Renewal of Massage Establishment and In-Office Massage License - Core Strategies Physical Therapy, PA, 10400 W. 103rd St., Jennifer Westerberg, applicant.
  5. Approved request to waive the consultant selection process for development of Interim Design Guidelines in the Vision Metcalf area; for Engineering and Planning Study on utilities and costs for public infrastructure in Downtown Overland Park; for review of a new development process in support of the Vision Metcalf plan; and to update the Infill, Multi-Family and Commercial Design Guidelines for development in the remainder of Overland Park.

  6. Approved Ordinance No. REP-2763, relating to property maintenance in the city, repealing the existing municipal code to allow anonymous complaints relating to private property maintenance violations.

  7. Approved the initiation of unsafe structure proceedings and Report No. 08-02 regarding the unsafe and dangerous structure at 9114 W. 117th St., and delayed scheduling of public hearing until Jan. 12, 2009, to allow the owner a reasonable time within which to abate the unsafe and dangerous condition.

  8. Approved agreement with Bucher, Willis and Ratliff Corporation to provide bridge construction inspection services for the Mission Farms West/Indian Creek Parkway Bridge over Indian Creek in an amount not to exceed $111,159, contingent upon Law Department approval.

  9. Approved agreement with Safehome, Inc., to provide a Community Development Block Grant in the amount of $6,120 to purchase a commercial water softener, to prolong the useful life of shelter water heaters and for the purchase of a milk dispenser in the shelter dining room to improve sanitation and reduce waste.

  10. Approved agreement with the Board of County Commissioners of Johnson County to provide a Community Development Block Grant in the amount of $100,000 to provide home repair services for income-eligible Overland Park homeowners.

  11. Approved agreement with Salvation Army Johnson County Lodge to provide a Community Development Block Grant in the amount of $27,393.37 for funding of emergency assistance, including but not limited to rent, utilities, mortgage and food assistance.

  12. Approved agreement with Johnson County Park and Recreation District to provide a Community Development Block Grant in the amount of $28,489.10 to provide scholarship assistance for income-eligible Overland Park families in the District’s summer day camp program.

  13. Approved request to change Floyd Street, 143rd Street to 145th Terrace, from a private street to a public street.

  14. Approved bid tabulation from Molle Toyota, in the amount of $107,525, for five alternate fuel vehicles.

  15. Approved agreement with Stone Haven Homes Association, Inc., for uniform fence, landscape and monument materials for 119th Street from U.S. 69 to Riley in an amount not to exceed $71,640.

  16. Approved Supplemental Agreement No. 1 with McAfee Henderson Solutions, Inc., formerly known as McAfee Henderson and Strick, for construction material testing services on Antioch from 151st Street to 167th Street in the additional amount of $60,323.

  17. Approved Supplemental Agreement No. 2 with Olsson Associates to perform construction material testing services for the Overland Park Youth Soccer Park – Phase II for a total additional amount of $26,920.

  18. Approved Addendum No. 1 to Agreement for On-Demand Consulting Engineering Services for Traffic Engineering Projects with HNTB Corporation for engineering services for 95th Street traffic signal replacements at west and east Oak Park Mall entrances in an amount not to exceed $56,279.

  19. Approved proposal and authorized staff to negotiate contract with Almar Uniforms for the purchase of police command staff uniforms in the amount of $21,468.75.

  20. Approved (and continued where noted) the following Planning Commission Consent Agenda items:

      1. Special Event Permit No. 2008-198, 13800 Switzer, to allow a banner at the southwest corner of 135th Street and Switzer for the pumpkin patch at Deanna Rose Children’s Farmstead from Sept. 29 to Oct. 27, 2008, application made by the City of Overland Park;
      2. Special Event Permit No. 2008-254, 10530 Marty, to allow a tent sale from July 16 to July 26, 2008, application made by Wilson Lighting;
      3. Special Event Permit No. 2008-263, 10985 Metcalf, to allow a charity fundraiser on Saturdays from July 12 to Aug. 9, 2008, application made by KC Masterpiece Barbecue and Grill;
      4. Special Event Permit No. 2008-271, 8787 Metcalf, to allow four temporary banners to reflect a name change for the Overland Park Dodge car dealership from July 8 to Nov. 4, 2008, application made by Dan Motush;
      5. Acceptance of Right-of-Way - Final Plat No. 2008-34 for Mills Farm Seventh Plat, vicinity of the southeast corner of 159th Street and Quivira, application made by Phelps Engineering, Inc.;
      6. Acceptance of Right-of-Way – Final Plat No. 2008-38 for Corbin Park Fifteenth Plat, vicinity of the southeast corner of 135th Street and Metcalf, application made by Polsinelli Shalton Flanigan Suelthaus, PC;
      7. Revised Preliminary Plan Approval for Trailwoods Center, vicinity of the southeast corner of 95th Street and Nall, application made by Landplan Engineering, PA;
      8. Revised Preliminary Plan Approval for Stanley Station, vicinity of the southeast corner of 151st Street and U.S. 69 Highway, application made by Nearing Staats Prelogar and Jones Architects;
      9. Ordinance No. Z-3358 (Special Use Permit No. 2008-11), 10440 Marty, for a five-year period of time to allow the renewal of a drinking establishment, application made by the Athletic Club;
      10. Ordinance No. Z-3359 (Special Use Permit No. 2008-12), 9701 W. 137th St., for a five-year period of time to allow the renewal of a drinking establishment, application made by Blue Valley Recreation Commission;
      11. Ordinance No. Z-3360 (Special Use Permit No. 2008-14), 7205 W. 161st St., for a two-year period of time to allow a temporary commercial sue in an industrial district, application made by Jim Anderson;
      12. Continued Rezoning No. 2008-11, to the Council meeting of July 14, 2008;
      13. Ordinance No. ZRR-2748 (Unified Development Ordinance Amendment No. ZRR-2748, amendments to Sections 18.140.270 and 18.180.070 and the addition of Section 18.460.235, pertaining to utility easements, application made by the City of Overland Park;
      14. Ordinance No. ZRR-2750 (Unified Development Ordinance Amendment No. ZRR-2750), amendments to Chapter 18.250 and Section 18.390.060 to review accessory uses in office zoning districts, application made by the City of Overland Park.

  21. Continued Rezoning No. 2008-4, 10175 W. 159th St., to the City Council meeting of Sept. 15, 2008.

  22. Approved Revised Preliminary Plan Approval for Metcalf 103, vicinity of the southeast corner of 103rd Street and Metcalf, application made by DDRS to allow the addition of a new pad site to an existing commercial center, with stipulations a through h.

  23. Adopted findings regarding Rezoning No. 2007-23, southeast corner of 159th Street and Metcalf, as provided by the city’s legal staff.

  24. Approved Ordinance No. A-2764, annexing “islands” south of the city, located generally south of 169th Street, west of the Kansas and Missouri State Line, north of 199th Street and east of Mission Road, into the limits and boundaries of Overland Park.

  25. Continued Monument Sign Approval for LionsGate Office Centre, vicinity of the northeast corner of 143rd Street and Metcalf, to the City Council meeting on July 21, 2008.