2026-10-21 - Finance, Administration and Economic Development Committee
Summary
Built from the agenda and a machine transcript of the meeting recording (about 1 hour). The meeting was not live-streamed; the recording was posted later. Votes were by voice with no counts stated; all appeared unanimous. Names in the transcript may be misspelled.
- 2027 meeting calendar: the committee recommended Council approval with the Feb. 15 meeting moved to Feb. 22 to avoid Presidents Day. The calendar includes Jan. 25 and Jun. 21 Committee of the Whole meetings on Safe Streets plans.
- Dream Theatre funding agreement: the committee directed staff to negotiate and recommended approval of a conditional grant of up to $425,000 to reopen the Rio as the Dream Theatre, with $200,000 at closing (expected Nov. 2026) for the property purchase and up to $225,000 reimbursing exterior stabilization. Related items include a sales tax exemption on construction materials through economic development revenue bonds, fee waivers and city-paid bond counsel costs. The theatre must operate publicly for at least 10 years, report annually and allow public parking outside operating hours; the city's investment would be secured by a subordinate note and mortgage with a right of first refusal, forgivable after 10 years. Members stressed preserving the facade; the property is on the National Register. See Dream Theatre Funding Agreement.
- Sheraton radio room interlocal: recommended approval of an amended agreement with the county for the shared communications equipment room, with costs split 90% county and 10% city covering HVAC, fire suppression, cybersecurity and access. HVAC replacement is the first project.
- July 15 minutes approved.
- Lot 5A transfer (Gallery 115): recommended consent to transfer the lot to a local jewelry company; community improvement district proceeds are not assigned, and the new owner agrees to assign any district petition the city presents if the added property tax does not exceed 2%. See Tax Increment Financing and Community Improvement Districts.
- Brookridge redevelopment: the committee directed staff to draft a resolution acknowledging the developer's collateral assignment of TIF and CID proceeds to a new construction lender, with direct payment to the bank only on default. The developer reported closing construction financing for the first building, 317 apartments with about 12,500 sq ft of ground-floor retail facing a park; groundbreaking is planned next month, construction is about 27 months and first units are expected in 19 to 20 months.
- Ward redistricting: three options were presented, with 2, 9 or 14 precinct moves and deviations of 8.4%, 7.9% and 4.8%. Informal discussion leaned toward Option C (14 moves, using Highway 69 as a 5/6 dividing line, splitting several subdivisions). Postcards to affected residents would cost about $5,000. A recommendation is due at the November committee meeting, with final certification by December. See Ward Boundary Redistricting.
- Issues: Tax Increment Financing and Community Improvement Districts, Dream Theatre Funding Agreement, Ward Boundary Redistricting.
Agenda
- 2027 calendar of meetings
- Dream Theatre funding agreement
- Sheraton Radio Room interlocal
- Lot 5A transfer
- Brookridge redevelopment update
- Ward redistricting
Sources
- Meeting page on the City's portal: https://opkansas.civicweb.net/Portal/MeetingInformation.aspx?Id=9744
- Agenda or agenda packet: https://opkansas.civicweb.net/document/403169
- Video (Swagit): https://overlandparkks.new.swagit.com/videos/404719
Video
Transcript
Machine transcript (Whisper speech-to-text); may contain errors.
Transcript
We are going to get started at 7 o'clock. I just want to note that I am not chair Chris Newell, vice chair Andrew Paine filling in for Chris. Chris is on a anniversary trip. He's doing great without
us so we're gonna we're gonna just handle it all all here. So I will note that everyone else from the committee is here. We may have a fill in or we'll be here in a moment. We will give some time. I
don't have any additional chair comments. I know we have a lot to handle today. I'm just for the committee. I'll handle it a lot like we'll let our folks give their presentations and questions
afterwards and just give me a little hand raise and we'll get your questions after that. But let's go on to our action items. Chair, yes. I was going to say we're not broadcast live. Sure. That was a
mention so it might be worth recording but we're not broadcasting. Right and so there has been a technical issue I think with our recording company. So we will not be live today but as soon as we get
the recording we will get that loaded to them and will be available on the website as soon as we can. So let me make note of that. Thank you Mr. Reese. Let's move on to action item number two. This is
the 2027 annual calendar of meetings and I will write up. Good evening. I agree. I have your proposed 2027 calendar of meetings. Resolution 5011 which is your council and committee procedures
resolution calls for the development of an annual calendar. The proposed calendar of meetings for 2027 has been reviewed and recommended by each of the goal area committees and the plural authorities.
Two meetings have been added to the schedule that was reviewed by the Fayette committee in September. They are the January 25 and June 21 2027 committee of the whole meetings to review the safe street
plans. The scheduled meetings has been incorporated into this compilation of the calendar to provide for the date time and location of meetings and compliance with the Kansas Open Meetings Act. Staff
does recommend approval of the proposed calendar of meetings and once approved by the F.A.D. committee and the full council the schedule will be made available on the city's website and then available
for any questions. Sure. So Monday night during OP Development Court meeting it was brought up that we as a council do not take a break for President's Day and if I'm not mistaken that is 2027 the
date on that is February 15th Monday February 15th. I'd like to know maybe why we don't and then I think there's also an interest in possibly taking that day for a variety of reasons. It has to do
with the school calendar and how people choose to take time off but maybe if you don't mind tell us why that date is not adjourned. Sure. So Evelyn Park is traditionally not recognized President's Day
as a day when City Hall is closed and so council has traditionally met if it falls on that holiday. I did look at the calendar in February and did determine that there are alternate dates that would
be available February 8th or February 22nd if the committee wishes to consider alternate dates for that meeting. Yes Chair just even around OPDC and I think you were there there was this discussion
about if if there's a possibility we'd like to look into that knowing that we could make any decision that might refer to F.A.D. in this conversation. Sure. We'll look for some discussion from the
group. I mean I think we need to have an alternative before we move off the 15th so we're looking at the 8th or the 22nd. First question is there interest in moving off the 15th and if there is which
what's our reply. So I believe there is interest I mean you can hold the committee here and we could look at either one of those dates I'm hearing these. I'm interested in moving off the group 15th
because it's my wife's birthday. So I would say the 22nd is probably easier for staff in terms of pulling together action items instead of moving it up. If you guys want to do this then I'll just say
we moved it for my life's birthday. I think that's probably where I'm landing as well. So procedurally we'll just need to make a motion to amend off the 15th and onto the 22nd. Motion. When you make
the motion if that's only change when you make the motion you can do the motion to approve with that noted change. Okay the other discussion other than the 15th that's the only exception that I found
just in the last discussion. Looking for a motion. Yeah what was the date that we? 22nd. So I move the committee recommends city council approval of the proposed 2027 annual calendar of meetings
amended to reflect um February 21st as the 22nd as the uh the new moving off this February 15th. Okay your motion is second. Great. Properly moved and seconded any further discussion? I will say that
uh OPDC would traditionally meet on that day so we would likely take our we drop it on the 22nd as well and in doing that lately we would be starting at 6 45 my preference would be starting at 6 30.
So we had an extra 15 minutes to take care of our business. All right we've got a motion on the floor. All in favor say aye. Aye. Opposed no. Let's move on to item number three. This is the
authorization to negotiate funding agreement. I am very pleased to present the proposed terms to consider authorization to negotiate a funding agreement to assist with the historical restoration and
reopening of the Rio theater in downtown Overland Park. So this project directly aligns with framework OP and vision Metcalf by enhancing our community's quality of life further activating downtown
Overland Park and driving economic vitality and vibrancy in the area. Originally opened in 1946 the single screen theater is an Overland Park landmark listed on the national register of historic
places. Since its closure during the pandemic reviving this cultural anger has drawn much community interest. Dream Theater LLC approached the city with an exciting vision to renovate and reopen the
venue as the dream theater at the Rio. The project includes art deco inspired design elements a curated film schedule featuring theme nights animated classics for children and adults concessions a
cocktail lounge and premium retail offerings. To make this vision financially feasible the proposed terms include a conditional grant of up to four hundred and twenty five thousand. There are two
components of the grant. So one to assist with purchase and the other for renovations. So two hundred thousand would be distributed at closing estimated next month November twenty twenty six to assist
with purchase of the property up to two hundred and twenty five thousand available in reimbursements for exterior improvements and building stabilization would then be available. In addition this city
will consider advancing an economic development revenue bond resolution of intent to grant a sales tax exemption on construction materials and equipment and waiving its application in issuance fees
and covering bond council costs. Dream Theater would be expected to pay annual trustee fees redeem the EDRBs within 12 months of project completion and submit quarterly purchase reports. In return for
this investment Dream Theater will be asked to commit to operating the venue as a public theater for a minimum of 10 years following completion submitting annual reports to this committee the fayed
committee and ensuring the parking lot on the property remains open for public use outside of operating hours. The city's investment will be secured by a promissory note and mortgage file and the city
would subordinate to a primary lender if applicable in order to allow Dream Theater to secure private financing. The city will also request a right at first refuel should the property ever be offered
for sale. So finally to address the return preservation of the site as noted earlier the property is already listed on the national register of historic places and in the attempt to alter or demolish
the structure already requires a review process state law requires that any demolition of a property on national register of historic places prompts a state review process and before any demolition
could proceed the state could halt the demolition process unless the governing body of a political subdivision makes a formal finding that no feasible and prudent alternative to demolition exists for
instance renovation. For cities like Overland Park that require demolition permits they have authority to deny such a permit if the governing body fails to find there is no feasible and prudent
alternative to demolition. So this is a very exciting project as it continues to support and build on all of the momentum and reinvestment we've seen in downtown Overland Park. So staff does recommend
that the committee direct staff to negotiate a funding agreement based on the terms as outlined with Dream Theater and recommend City Council approval of this. We'd also like to know that Jill Turner
with Strata and Courtney Kunkel with Monarch Bill are present to assist with answering any questions. Thank you. Yeah I've got a little confused when I read this because it says Dream Theater provides
a city with a mortgage promissory note securely. Help me understand that is is Overland Park city of Overland Park on the mortgage or are you referring to just a sheet of paper here that I don't I
don't understand what the third bullet is. Okay sorry to add more to the promissory note in the mortgage would be filed so our investment would subordinate to a primary lender in order to allow if
applicable in order to allow Dream Theater to secure any private financing enough. Okay could you tell me more about that I'm not really following that. So it would have an interest so the mortgage
would be filed promissory note so city would have that financial interest in the theater. Would we be on the mortgage would we be like a code to the whole mortgage that's what I'm trying to
understand. So would be secured and I would defer to Steve to provide more information. Council members so the concept of the agreement and this is similar to what we did with the Overland Park
Historical Society and some some other entities is we're giving this grant for 400 up to four hundred twenty five thousand dollars and what we want is in essence sort of a guarantee that that it'll be
operating for at least 10 years as a public theater so they will issue to us a note for that dollar amount which would be secured by a mortgage on their property so that way if say you're four or five
they they decide not to when we go back to them and say well we'd like our funds back our grant funds we gave you and the mortgage would act as a security interest. Thank you that's a little bit more
clear. Well I've got the mic I'll just say I've been looking at this property for a long time I've got friends that have reached out and talked about this I feel like this is a day that we've been
waiting for a long time and I'm very excited about the possibilities here just the arrangement and how we can participate so I'm very much in favor. Um I guess I have questions first um when are we
looking for opening things you know I will defer that to the team. Yeah so I mean I think that I'm super excited about moving it forward as fast as possible yeah um obviously we need to get through
some of these hurdles and then there's design and permitting and construction so I think it's hard to give a specific timeline but there's definitely urgency to move things forward as fast as we can.
Like in the year I don't know how much how much you're expanding the bar inside if we could get permits quick. How about that Holly? That's what it's due with the design and just still like working
through things and what are we procuring and what you know how long it takes for equipment to get in and so some of that is still kind of but I think there's I mean I think through it so we don't want
to give a hard date because sure just never know what bumps the road but I don't think it's unrealistic to think by the end of the year yes there's some hurdle we run into this. Sure yeah because I
feel like they have been keeping the building up so I don't think maybe you're going into like some major mitigation kind of issues. The owners have constantly been doing work in there I mean they
obviously have deep respect for that building as does the new client or new owner um there is some deferred maintenance that will need to be done but it's not in dire straits at all. Yeah and I'm glad
to hear I mean we kind of walked this through within the store of society before so I'm glad to hear that you'll have annual reports to come back and tell us how it's going what the updates are you
know how we are partners as we move forward with it I think that's really good um selfishly this is in my ward and we have been having lots of talk about this particular building in in downtown and
how excited we are um to see this move forward as a great entertainment a unique entertainment opportunity a historic building I mean it's a gorgeous facade I think um this is really exciting to see
this move forward so I'm glad to see that we are seeing some action on this. I've got a couple questions just kind of want to go over some of the protections for the city so the forgivable loan means
that the promissory notes are structured as forgivable after that 10 years so there's no expectation of being paid back but the obligation that we're trying to receive back is that continuous
operation exactly yes um that's really what I wanted to understand um on exterior I mean that's kind of the that second tranche of money I mean once kind of walked me through what what that
preservation of the exterior you know what's what's that process and what's how's that gonna work yeah so there's um not a lot of work that we need to do but um there are some like missing tiles or
cracked for the glass tiles and um although neon is being restored so we light up again tonight yeah um and then the the roof um is not leaking right now so that's good for now but we are looking into
if we might need to recode it to get a few more years or kind of just looking into some of the other smaller rooms do need um a new roof and then do front doors to be ADA compliant and to help kind of
upgrade the life safety and code um items in the building um and there's just um some just minor cracking and paint peeling and some of the gutters are sagging here and there and so there's just some
tidying up outside that we want to that we're focusing on on our roof yeah sort of on that thing we don't have a lot of historic buildings so Kate can you just repeat what you were saying about the
state's function in this national historic building and really if the city has any role in that in perpetuity yes so this property is it is already on the national register of historic places so that
that is um that is already in place and so this is state law requires that any demolition of a property on the national register of historic places would prompt a state review process so before any
demolition could precede the state um could halt that demolition unless the governing body of political subdivision overland park um would make a formal finding that no feasible or other alternative
um exists so that would be interaction should that you should should that come to bear someday i think our interest is preserving the building right in perpetuity so i guess i'm curious and maybe we
don't know but is the state likely to grant the opportunity for them to demolish it or is the state pretty strong about those decisions we have been talked with the state historic preservation office
already to kind of make sure they're okay with the proposed changes or kind of working with them back and forth on some design and the main um historic fabric that's left in the building is most most
of the exterior and kind of the volume of space now it's used as a theater a lot of the interior stuff like at the front and concessions area that's none of that's not there's not much historic stuff
left so they're kind of working with them to make sure kind of like have all the red ducks in a row what is historic needs to remain and what can be changed and so for following you know the secretary
of the interior standards restore for rehabilitation and shippo will be there to kind of back us up and check that yeah it sounds like we have an opportunity to say yes we should demolish this
building if they wanted to at some point we could find that that is the case but we don't necessarily have a role in this where we get to take action that says no this building has to be preserved so
that function is just in the state's responsibilities now obviously a lot of our legislative efforts are around giving ourselves control over decisions in our own park so as long as our team feels
like we're comfortable with that being a state decision i'm okay with it but um i guess as we're negotiating the funding agreement long-term preservation of the facade would be of great interest for
me and i think for the rest of the city and i'd also say i mean the two other really important things as we're talking about the funding agreement the city having the ability to control the property
should operations fall through or should the building go for sale at some point being in position for us to get first right of refusal is extremely important and has been frankly a frustration over
the past several years as we've not been able to control that property despite lots of interest as other people alluded to and then i would say the shared parking is really important we have extreme
demand for parking in downtown overland park and obviously if the capacity of theater is more than however many spots there are out there i think there's 15 12 users will be using public parking so
being able to share the parking when it's not used is extremely important to us especially because of our huge investment next door so those three things mean first to control the property should that
never be an opportunity preserving the facade of the building long-term and finding a really good agreement on the parking sharing i'm tagging on to uh that's a number of nutrition's comments my
understanding is with the national historic registry when you're placed on that that there is it's not just state it's the department federal department of interior that lines and whatnot so the state
can't unilaterally control that that that is part of the obligation of being on the registry so as you make renovations and especially around the historic aspects of the building is there a review
process then that goes to the state historic preservation office based on the the department of interior is there things that we'll have to approve i just know it makes it what makes it special also
what sometimes makes it more complicated when you do those kinds of repairs and renovations so i have two tracks and one will be the the ship overview and then one would be the permitting through the
city of overland park and so those kind of maybe probably go on simultaneously depending on when we have our information ready we don't have to have everything flushed out from the state historic
preservation office but yeah we'll kind of have those good things going and get comments from both groups and then find the happy medium and so in terms of your question about timeline just back in
another lifetime i used to work for a historic structure and we had department of interior and it was some days that were it was a little bit of a pain in the butt not worth it so but that did add to
timelines in terms of so just managing your expectations and whatever whenever something's a historic historically recognized on the registry there's it can add some time to this the other questions
or comments seeing none for motion i move that the committee direct staff to negotiate a funding agreement with dream theater llc for aid in the reopening and historic restoration of the dream theater
at the rio in downtown overland park and recommend city council approval of the same second okay before we vote any other comments add to what councilmember reset i mean this is extremely exciting to
add this asset into downtown overland park and reopen it and preserve this building for long term is exactly the type of business we want to have in downtown overland park i think there's a huge
demand for this people seem to be unanimously very excited about this project so thank you for bringing it to us one clarification we are not voting on an agreement we're voting on authorization to um
with no other questions or comments uh all in favor of the motion say aye aye opposed no pass unanimously thank you we will move on to item number four amended in a restated inter-local agreement i
will invite up mr morley vice chair pain and members of the committee thanks for having me uh present this item before i move straight to the item i did want to introduce john davalier he's our new
deputy director of facilities um it's a new position that was authorized for the 2026 budget um it took a little bit to to find the right candidate we we absolutely feel like we have um the reason i
brought him up here is because he will be sharing with me and the responsibilities to present items um so he will be coming before this committee um often so i'm sorry to have him here he's been over
here about six weeks so the item that i have to present is not quite as exciting as the theater um it is the uh it's regarding a room in the sheraton hotel it's in it's at the top of the hotel um that
space in 2002 um was an agreement was put in place between multiple agency and multiple parties to house county communications equipment to benefit the entire county including overland park um 2009
they further refined the space basically enclosed it but air conditioning into it um and uh that agreement has been in place since then um it does have it continues to be in existence and in effect
shortly after i assumed this role in 2023 i realized this was an other duties as assigned to space um it's an odd conduct um the agreement in 2009 just really spoke more to the improvement we made in
2009 instead of ongoing maintenance cost responsibilities cost sharing and everything and so we kind of in late 2023 and 2024 we had a project that came up to replace the hvac system which is not a
cheap endeavor on the top of a 22-story building um and so kind of started figuring out hey how are we going to pay for this and um realized we had all these agreements and the legal department and i
and others felt like we needed to revise the agreement before it expired to make it more clear about everyone's responsibilities there was a lot of concern about cyber security and access to the space
so to make a long story short i've been working on this for over two years to try to make all parties happy um across multiple governmental agencies and we feel like we've done that we have an
agreement where it clearly sets the cost sharing between um board accounting commissioners and the city of overland park and then all the all the monies would go obviously to opdc and the sheraton
hotel so that's the 10 000 foot view of the agreement the agreement is for um to clarify it and it has a certain initial term and then automatic renewal terms it sets forth the cost sharing of 90
percent 10 percent and that that will if this agreement is approved um either next month or the month after we will bring an agreement for the first thing we're doing which is to replace the
conditioning system so um that i would take any questions you have always interesting new things that are happening um so this specific room needs the air conditioning or is it just for the whole
hotel no it's just this room just this room so it contains um server equipment a lot of radio equipment that generates a tremendous amount of heat um and so uh there's a generator up there a transfer
switch as well um those are administered by the county we administer the hvac system since it deals with this room the agreement also covers fire suppression systems there's a special fire suppression
system in there do you report it it oversees maintenance of the air conditioning system so it's similar to um two projects we've done recently at scave and the fire transfer same kind of same
equipment same manufacturer no one is like here day to day in the room yeah no just the equipment and cameras watching it excellent generating more heat okay all right you said 90 10 um is it our
night here they're 90 uh we're at we're at 10 most of the equipment is the county we have a we have an algorithm for how we determine that it's it's based on rack inches of server space so obviously
as the facilities director you do all kinds of things we worked with it staff on this as well to come up with we feel as an equitable nothing's perfect but i mean the overland park benefits from this
greatly as well yeah to this space so i i suspect there's a lot of things we shouldn't really even talk about but this is a tall building and it's a it's a communication you know capability that's up
there radio communications benefit because of the eye to the bone yeah thank you any other questions comments made all parties happy to give them sort of yeah there you go it only took two and a half
years bravo bravo facility team yeah i'll be looking for a motion i move to recommend to the city council approval of the amended and restated agreement with the board of county commissioners of
johnson county kansas related to the radio room located at the over part sheraton hotel second properly moved and seconded any other comments discussions see none all in favor of the motion say aye
aye opposed no we have unanimous thank you very much thank you we will move on to item five this is the approval of the minutes from july 15th 2020 so it will not have any greg might have ideas i have
no ideas on these minutes let the records show okay i move i move uh to approve the staff or the committee minutes second don't you like don't have to say the name sure approval of minutes of july
15th 2026 second probably the second in all in favor say aye aye opposed no those pass we move on to item number six this is a request for consent to transfer and assignment and we've got the crew up
here yeah thank you uh mr chairman my job is really just to introduce uh jim mossman with the stinson law firm is an attorney the stinson law firm and on our economic development team and he'll take
the next two items in front of you thank you jack good evening members of the committee uh my name is jim mossman from stinson lop and you're gonna handle as jack says uh item six and seven on your
agenda so item six is a request this has to do with the gallery of project by the way so it's a request for consent to transfer an assignment of a lot within that project the gallery of project is the
project that's located it's a development project located generally at 115th and all on the kind of northwestern corner there um what this specific request is is one of the lots uh lot 5a within the
project is being sold by the developer to an entity called drenco llc drenco llc is drenco or drenan jewelry which is a local jewelry company currently based in independence on the missouri side
they're moving their office or they're moving over buying this lot moving in and operating there and so for the development agreement uh in order for them to do that uh the city has to consent to the
sale and consent to the transfer of the development agreement as relates solely to that lot so effectively what's happening is the developers going to be transferring the developers rights and
responsibilities to drenco llc solely as they relate to lot 5a with the exception of so there's there's ci it's a cid a community improvement district there there's cid proceeds the developer is not
assigning the cid proceeds um worked within the agreement is a provision that the uh develop or that the incoming entity has agreed to which is that they will agree in the event that a team the city
ever presents them with a tvd or i'm sorry a cid or tiff petition to either amend the district or establish a new district um they agree that they will assign the petition as presented by the city
subject to um so long as the uh the tax that is placed on the property does not exceed two percent so that will be made as a matter of public record it's going to be in the assignment so it'll be
recorded against the land that's about everything that i have to say on that one so um let me answer any questions that you want me to just one question for me uh is this operating as retail or is
this the offices for this it's going to be retail it's a it's i'm sorry jewelry store right oh yeah so where is it and uh yeah so lot five our lot 5a is it's at the very northwest corner of 115 and
all okay so it's next to the breakfast yeah actually first launch it's just like west i guess any additional discussion questions not look for motion i move that the committee direct staff to prepare
a resolution consenting to the transfer assignment and assumption for lot 5a within gallery 115 by the developer entities to drinco llc and recommend city council adoption of the same second been
properly moved and seconded any additional comments questions we tend not to have a lot of questions about this because we've done this before i think specifically around the gallery taking on uh all
in favor say aye aye pose no okay as is unanimously thank you we move on to item number seven trevor this is the uh drift ridge to redevelopment i would just note for the committee that there is a
topographical error in your staff report the spelling of a capital federal bank it's been fixed trevor oh has it okay then that's all i was gonna note so uh good evening uh members of the committee
again jim mossman i'm here to talk about item seven which is has to do uh as trevor said with brokerage the redevelopment project over there and specifically what's going on here is the developer is
making a collateral assignment of its rights under the under its redevelopment agreement over to a new construction lender capital federal savings bank and that collateral assignment as part of that
they have asked they've requested the city provide in accordance with the development agreement a notice and acknowledgement of the collateral assignment and so the document that's ultimately going to
be signed by the city it's not the collateral assignment agreement itself it's an acknowledgement of the collateral assignment agreement and so that the city is going to you know pending approval the
city will sign that document and the capital federal savings bank will take a collateral interest in the the t or in the the economic incentive incentives for the development project during the life
of the loan the only other note i'd make is we're in this being mentioned in the motion we're clarifying we want to make sure that we have all the developer entities sign listed on the agreement and
so we've worked some language into motion there we're still kind of ironing that out but the language is reflects that we may update the document to incorporate all the developer entities pending your
questions that's all i have to say about that okay so explain the collateral um that's going in with capital the collateral assignment of development agreement so what does that mean so what it means
is the the developer is taking on a new loan from capital federal and it's part of that capital federal wants collateral to assure that this loan is going to be repaid and part of the collateral that
it is taking on or that it wants to take on is the developer's right to receive the cid proceeds or the tip and cid proceeds for the project and so in the event that there is a default that under the
loan the lender can step in and the developer developers right basically the city would pay the tip and cid proceeds directly and so under this agreement that's the agreement between the developer and
the new lender what we are signing then is our acknowledgments say yes we agree to be bound by that we agree that we will follow those in the event of a default we'll make the payments directly to to
the lender rather than yes directly to the bank um so like then where are we at with the project this is not an update of the project this is this is not an update of the project that's your next time
okay so this is to say it's clarifying the entities of responsibility for the city's perspective of where we send the idea to that's exactly right the payment directly to the bank would only be upon
default correct um that is so the right of the bank to take control to keep the proceeds would be only on default i think the mechanics of the the way it will actually work is that payments will be
made to an account set up in the developer's name with the bank um so i i don't think that's what you're asking but um yes they would only have a right to keep the proceeds the bank would only have a
right to keep the proceeds any additional questions comments if not i'll look for a motion i move the committee direct staff to draft a resolution authorizing execution of the notice and
acknowledgement of assignment of tiff and cid proceeds and substantially the form presented between overland park development company uh one lmc any necessary developer related entities as determined
by legal counsel for the city and capital federal savings bank and recommend city council adoption of same been properly moved and seconded last chance for questions comments seeing none all in favor
say aye aye those no that will pass unanimously thank you we will move on now to discussion items and so people on the same topic generally invite out mr perton for a project update thank you mr chair
and kurtin and his attorney bob johnson joining us here i think mr kurtin has some exciting news but last time we talked about the change in the development agreement there was a lot of discussion
about we'd like a project update this was a because of the action of the collateral assignment this was an opportunity to do the same and so grant is here to talk about where he's at so thanks for
coming tonight yeah thanks mr vice chairman meeting members uh thanks for having tonight good to see you all again hasn't been too long since we last saw each other but a lot has changed since then
and at the same time a lot has not changed the equity financing market for commercial real estate in general for all types of real estate including development is still extremely challenging for all
types of developers and that's not just a local issue that's a national issue um bank financing has been very stable for the last number of years relatively stable it's starting to hear lots of banks
uh echo sentiments uh potential headwinds with uh numerous challenges most most notably using ranks i'm sure you've all seen uh in the headlines as played uh fortunately for us i believe we've hit
what may be a very small window of opportunity here for commercial real estate development the project trying to get launched i'm excited happy to report that at the end of last week we closed on
construction financing for our first multi-family building at brookbridge known as 510 and uh just as of yesterday we had fulfilled the last requirement to pull the building permit with a meeting with
your city team and um we're very excited to get going we're just the last few days i've been working with libby in the chamber to schedule a ground breaking next month and um i'm very excited to get
launched here you know it's been a long road for all of us and appreciates everyone's help getting to this point and we're excited to get going and happy to answer any questions yeah tell us more
about that i think out here it's a multi-family is there retail how many uh how many spots uh units in total yes so this first building um currently known as fact and we'll have a full branding
package and name for it here soon it's a 317 unit uh mixed use building the mixed use component is retail on the first floor facing the west side about 12,500 square feet of retail several spaces i've
been designed for restaurant uses that kind of in caps facing west which is of no because the kind of main urban green space in this first large phase what we call the village is a village linear
urban park there is on the west side of the building so that retail space would face in that park space with ultimately other food beverage and retail uses adjacent to it um so if you look at a map i
don't have a visual here tonight but if you look at map or if you're driving by the site if you want to visualize it it's just directly southwest of the existing clubhouse so you're looking across the
new intersection that's in place there that's where the building right out next to the new intersection if you where all the work was on just so if you see the pool building it's directly south of
that pool building if you're sitting at the new 103rd intersection on 103rd it's the next intersection that's on site so southwest of that next intersection any additional questions i don't have any
questions i am glad that you guys were able to come here tonight to um have this good news that we're moving forward versus vertical construction and that that's going to get started so i think that
is a step in the right direction so we're excited to see this move forward this is your chance to ask about schedule so i had any schedule uh milestones that you guys are trying to hit with the
building yeah so next month we're starting this to begin construction in earnest um it all it's about a 27 month construction period and the building's designed to be able to open the phase is the
first unit should deliver in 19 to 20 months from from beginning this month so it'll be a phase opening from there and on the retail are you getting some good uh we are um as much as i want to pound
the retail market as fast as false right now every retail broker i talk to says it's too early retailers operate on a much smaller timeline they want to see the building up and they want to be able to
make a decision within a year being able to take the space and that's going to lag a little bit more the first year that'll be into the second year of construction where that's basically ready for
retailers uh so we're having those conversations putting agreements in place and putting the right team in place but a little too early to actually advise specific tenants for the building remind me
jack what was the next milestone for our agreement next july oh i apologize i don't i i think that was right in july and what's required by then to just start to start to start construction so the
next milestone how many units did you say this building is 317 and they'll have efficiency units uh one better two batteries and three better units as well the bulk of them are one and two better
units with some of the other two as well any additional questions comments thanks for sticking with it thanks for sticking with us we appreciate the partnership and look forward to bringing it all to
fruition here thank you thanks everyone it makes sense we're going to move on to our last item this is city council ward boundary district in right out of the way you can change it up this way this
picture yes okay say that again we so we uh we're projecting live yes tighten it up should we're tied okay thank you um good evening this discussion follows up from our september bid committee meeting
where we introduce our order districting process as a reminder our last meeting staff presented an overview of the city council board redistricting process and we outline the requirement that we will
have to redistrict this year the city's charter ordered number 100 requires board boundaries to reflect approximately equal population the deviation and the wards can be no more than 10 percent and
this year our analysis showed that it was 13.7 percent thus we will need to redistrict um and then last time we did request some feedback from you which i'll talk through a little bit before we get
into the each of the options tonight at the last meeting the committee did authorize staff to work within these four parameters that are shown here on the slide and to prepare the ward redistricting
options in addition to these parameters staff also have to work within the johnson county voting precincts those are boxes that we cannot touch we just have to move them around and so that's kind of
an extra layer of complexity that we have to deal with this process schedule shows that we are here just as it says based on the approved parameters staff did draft three redistricting options which
we'll discuss tonight the committee will discuss those options and then next month we are requesting for you to make a recommendation for one option and then that would move forward for final approval
by december in addition to the parameters and the voting ward precincts we talked through some other kind of trends that staff are seeing that we wanted to highlight um for instance ward one has
additional development plan downtown we have a couple of apartment complexes one just recently broke around and we have another one that was approved the population of ward two is somewhat stable ward
three does include our college and metcalf corridor um it includes brokerage like what we just talked about but also um the levano apartment complex will be coming online within a couple years so
that's something to think about ward four their population is stable but we see that that's not really growing so we could begin to see some population decline based on some demographic changes like
um persons for household and vacancy rates things like that um wards five and six we do continue continuously growth in wards five and six so um and finally the committee did discuss kind of last time
do we want to make a lot of changes or do we want to um limit the amount of changes that we're making we also talked about whether or not wards five and six in particular whether or not we should have
more of an east west dividing line either an aneoc or 69 highway so those are some of the things that this committee talked about i did want to give a little bit of history because this comes up from
time to time like how often do we do this and i would say it happens more than it doesn't um the um or i guess that's a greenish color shows that we have had to make changes you know every every
couple years really um the big in most recent history 2018 we made some bigger changes and then we didn't have to make changes in 2020 and 2022 so i just wanted to show you just kind of some some
history and you'll see ward six was created back way back in 2002 there some packets um today we have a couple of things here we do have a proposed boundary map for three options we have a table that
shows and kind of the greenish boxes the ward precincts that we changing we have some detailed population comparisons for each option and then we also included a list of neighborhoods and homeowners
associations that would be um impacted by the proposed changes so with that i'll start walking through each of the changes here each of the options excuse me um so we have three options the first
option a has the fewest amount of moves we propose two moves it allows um for some growth if you're looking at the population charts here allows for growth in wards five and six the two changes are
shown with the the white outline on the maps so that would be an estimated population above the average in ward one and three maybe higher this is ward one and three that may be higher in a couple
years because of some of the developments that are coming online the deviation is 8.4 and again 10 is kind of our threshold so um if if we went with this option there could be a likelihood that we
would have to redistrict in two years option b here involves more moves in the previous this involves nine ward three would gain one precinct wards four and five would gain three precincts and ward
six gains two precincts this one um does allow for a little more growth we're seeing growth anticipated in wards three five and six and so um these proposed changes allow for that balance to happen a
little bit better um ward four does cross Antioch to the east in wards five and six also begin to split a little um east west i would also say down here um these were formally in ward six and they
were be proposed to be moved to ward five the deviation um is 7.9 percent that's also close to our 10 threshold but like i mentioned the the growth that's anticipated in wards three five and six
hopefully those will balance out and be a little bit closer okay and then option c it's a mystery okay um it has the most moves proposed um we're talking about 14 moves um ward two gains one precinct
way up in the top up here a little precinct up there uh wards three and four gain two precincts ward five gain six precincts and ward six two gains three precincts um as you can see the the division
between five and six really starts to happen on 69 highway here so that's kind of big change there this deviation is 4.8 and so obviously that's lower than the other options proposed so those those
are the three options that we have prepared based on the information that you gave us from the last meeting happy to talk about um these options in a little more detail um we have um trevor styles is
um kind of my my sidekick with this so if you have any legal questions he can help with that um but um yeah happy to answer any questions it is a discussion item tonight we're discussing i feel like
um word six isn't here to represent themselves so this is a discussion i mean i i mean purpose of this is everybody here get your questions answered we're not making a decision tonight but i just want
to make sure we have a robust enough discussion that you're not walking away still feeling up in the room i would ask what if i remember from the last conversation it was trying to minimize the number
of moves but maximize the amount of time that we have to do this again based on population estimates but it feels like those two things can't really exist i mean unless i'm misreading the data so i
think is the preference it sounds like a lot of the work would fall on staff as well to to get this all done is it minimum number of moves or are we really trying to say let's not do this for another
few years i i feel like that's more of a policy question for you guys to answer i know that's exactly what i was going to say that's a policy question of of what you what the committee and well the
council values more you know less moves now versus building in growth for the future either of those are are you know perhaps you can go down but it's and that is a massive question and he knew you
were going to have some assumptions that were made in terms of growth i know there's some obvious ones with six and some spots in one but just any other assumptions that were kind of baked into these
um we we just really look ahead for two years so those are really developments that have been planned and approved already and really our timeline for development and for occupants to be in there and
that's within our two-year timeline so those were the ones that we kind of focused on and that's why i mentioned labano that one's under construction now we expect within two years there will be
occupants um the brookbridge one though for instance if that start a shovel you know shovels in the ground and march you know we probably won't have impact from that in two years it just takes a long
time and we do check in with apartment complexes to see what their occupancy is and sometimes it takes a little bit of time for him to be completely occupied as well so um regarding trends those are
the sorts of things we were looking at when it came to um you know what's happening in the next two years on hoas i know we've got a preference or at least a you know basic preference for not dividing
up hoas but are there a choice that are split in these i'm looking at the last paragraph last page on each of those yeah so the biggest one would be option c obviously that has the most moves and so
there are a few um subdivisions and i noted those by saying partial so there are a few that would be partially in one ward and partially in another. It looks like they're I think there's maybe six,
option C, that would be in two words. A big comment would just be the biggest changes are in the south of one, so I would defer to the previous couple of weeks, and I think in any case we'll lose this
top goal exactly. And there's just some minor tweaks on precincts for us, so it's really, I don't want to deflect, to say it would be appropriate for you guys to get to make some more significant
decisions. I'm the only one from five here, obviously, six is not at all. The chairman texted me his preference, and I don't know if it's appropriate to share, but he told me to, so you can share.
Okay, I'll share. He likes map C, but he's always been a big, he likes the big change. If we're talking preferences, I'm in A or C. A gets us probably two years, probably going to have to make some
changes. C sets us up well, so it really comes down to what policy choice we want to make. We want to make minimal moves in the short-term, and we want to set us up for the long-term, so I'm still
wrestling with that as well. I'm really interested in this idea of having 69 and five and six. I think that could be beneficial for folks. I'm also super sensitive, and you start to look at the number
of changes. I mean, I've heard from people, not in award four, which is where I represent, but I've heard in five and six about moving and HOA's being split, and so they've talked to me about those
types of concerns. I am looking at option C. There's a lot of moves, and it's not clear to me, like, for example, I'm looking at this page for option C, and it's talking about the neighborhood or HOA
impacts. Do I need to look for the word partial? That's my ... Okay, so I see the word partial a few times, and when I see the word partial, that means that we are splitting in award five, some HOA's,
I'm guessing there's three of them, roughly in five, and then one in two and six, so I think that's where some of the heartache comes into play here, is splitting. Some of them already were, not even
for south, it was already split, they're two different precincts, and so it was already existed, it's just now switching away, so that impacts, I mean, it's still a bad impact, but it's more status
quo in terms of the split. Yeah, I would just say this isn't, I don't like what Drew said, this doesn't affect award one as much. It was interesting to see the graph, Erin, the use, we hadn't changed
it, because it was like, that was gratifying, because like, oh, we hadn't changed it for a couple of years in a row, and then just in 2024, yeah, I guess I would defer to what the Southern awards, how
they feel about that, what they would prefer. If you want to make a decision tonight, right? Right, correct. Okay, so we're just giving our questions, answered, having the discussion out there, and
we'll come back in one moment, so, playing. So what is the process in terms of notification? Is there a cost to this in terms of mailing, and if, and if I missed that in all the documents, I
apologize, but if you could talk more about the budget impact and what that looks like. We will send postcards to the impact of residents only, and so I think last time we had to do this, it ends up
being about $5,000 for postage and postcard mailing, and we tried to use as many free resources we have, we take advantage of the overview, which already has a cost associated with it, we really try
to push communication and overview, social media outlets, things like that, so, but the postcard, everybody, and we send it to council members as well, so you all know when it has gone out, and that
sort of thing. So yeah, that's the cost associated with it. In the discussion, can you, you said you kind of like A or C, those are pretty different. Well, I mean, I guess in terms of on A, we're
making very minimal moves, so if we're looking that as a policy value, C, I think if I had to pick between A and C, I think it would probably take C, because big changes, but also I don't like it when
people bounce around. So for 28, you're going to be here, 30, you're going to be here, 32, you're going to be here. Because we can't quite dial it in, I think C probably sets us up for more success to
that problem. Can you predict the future? I can't predict the future. So I don't know what exactly it's going to be, but trying to, all the miserableities, I think C likely sets us up better. But I
haven't landed on. To your point, I do have a quick comment. I did look back when we did redistrict last year, the two, these two wards right here. Excuse me. You said last year was two years ago. Two
years ago. Yes, thank you. These two precincts switched, everybody else will not have had a switch, but these two in the middle, and I think that this was brought up at the last meeting, you know,
sometimes when you're on the border of one of these wards, you might have to go back and forth. And I also do want to point out this, particularly Council Member Reese in pain, this little weird
thing. This is one precinct, and so we can't just cut off, we asked the County Election Commissioner to take that and make it even and square it up, but they have not accepted our requests. And I
don't think anybody lives there. I think that's all retail. It could be. Yes, but it visually doesn't look great. So I just wanted to explain. Should we have a policy? Lean it up. That should be a
priority. Looks like New Jersey or Rhode Island. Yeah, it's really interesting. An incredible amount of work goes into this. So, you know, thank you very much. I'm curious about C. I'd love to have
ward six here, you know, kind of weighing in. And then as a group, I did miss the very first time we started talking about it. But I was here two years ago when we went through this. So I know it's
difficult to make the decision. If we can do C and that length and time in which we have to look at this again, I think that could be special. We could see the value in that. It's nice not to tamper
with it. And it seems to be, that's what happened in 16 or 18, big deviation. We made big moves. And then we didn't have to mess with it. Right. Does this give you enough information? I think so.
We're leaning towards C. When we're coming back next month, that's when we end up making a decision. Yeah, so it feels like there's leaning towards C. We're going to be thinking about it for those 30
days. What I'm hearing is that I don't need to come up with any other options. That option C is good. November FAD, that's coming back to you. And then again, it has to be certified by December. So
that would go to your December council meeting with your recommendation. So then in 2027, once all that has been certified, that's when we would start communication with residents that were impacted.
And the next election. Yes, and get you all ready for the next election. Yeah. Last chance. No, no, we have more chances. Well, for tonight. For tonight. No additional work. Thank you. All right. No
option D. That is our last item. Thank you for bearing with me while I'm filling in and our meeting is adjourned.