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Committee debates sales-tax exemption for TapIns mini-golf at 90 Fifth and Metcalf; no motion advanced

2756398 · March 24, 2025
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Summary

Developers sought a sales-tax exemption via an economic development revenue bond for TapIns, a proposed 37,000-square-foot indoor/outdoor mini-golf and food-and-beverage complex at 90 Fifth and Metcalf; staff said the request did not fit the city's traditional use of EDRBs, and the committee did not advance the request.

Developers and city staff presented competing analyses of a request for an economic development revenue bond (EDRB) limited to a sales-tax exemption for construction materials and furniture/fixtures/equipment for a proposed TapIns indoor/outdoor putting-golf and food-and-beverage venue on a vacant parcel at 90 Fifth and Metcalf (part of the former Metcalf South Mall). Committee members voiced mixed views and did not advance a motion; the item will not move forward from the committee at this meeting.

Staff overview and policy question Assistant City Manager Jack Messer and staff briefed the committee that the request asks only for an EDRB sales-tax exemption rather than a package of incentives typically applied together (for example, TIF, CID or other tools). Staff's analysis concluded the parcel and the request do not align with the city's historical application of EDRBs, which have generally been bundled with other redevelopment tools and applied as part of broader reinvestment plans. Messer noted the parcel is an infill site developed as part of a "box and pad" pattern by earlier developers and that, in staff's view, the project is not part of a broader reinvestment plan for the site and therefore does not meet the historic intent of EDRB use.

Project description from developers Bob Johnson, attorney for TapIns Management, and Ryan Patton, a principal for TapIns Management, described a proposed 37,000-square-foot venue that includes a 6,500-square-foot enclosed restaurant and an energy-efficient greenhouse structure enclosing part of a golf course, an outdoor course, food-and-beverage components, event spaces and other amenities. Johnson and Patton said the concept is unique to the market, likely to draw regional visitors, and would support nearby office and residential uses (the presentation referenced a potential symbiotic relationship with the Shamrock office campus to the north). Johnson said the team had unanimous planning commission and city council land-use approvals and that the incentive request is narrowly targeted to address recent construction cost escalations, tariffs and labor costs that arose after land-use approvals.

Key quantitative figures discussed - Developer estimate (presented in materials): approximately $11 million in annual sales, used to estimate fiscal returns to taxing jurisdictions. - Estimated range for the sales-tax exemption on materials and FF&E presented in the discussion: roughly $600,000 to $650,000 (the presenter called that an aggressive upper-end estimate); staff noted the city's sales-tax share of that exemption would likely be under $100,000. - Staff and developers described expected positive sales- and property-tax impacts over time if the project is built as proposed.

Committee discussion and concerns Several committee members voiced support for the concept and the desire for a unique entertainment amenity at the Metcalf corridor, but others expressed concern about precedent and policy consistency. Specific points raised in committee comments included: - Examples where staff said EDRBs had been used alone in recent years (Downtown Overland Park "Stone Manor" and a multifamily senior living project behind the site) but that standalone EDRB-only uses were rare. - Concern about setting a precedent that could encourage future standalone EDRB requests for similar infill parcels. - Questions about what the city would receive in return for the incentive if the developer would build the project anyway; the developers replied the project would likely be rescaled or phased if incentives were not available and said they were targeting an opening by the Christmas season to avoid higher winter construction costs.

Developers' responses on timeline and scaling When asked what would happen without the incentive, the developers said they would not necessarily abandon the site but that they would need to rescope or phase the project. In the meeting exchange the developer said, "The goal here is to open by Christmas because that's a big season for this type of development." They added that some peripheral amenities and event spaces could be phased or delayed to reduce upfront costs, but doing so would make later additions more disruptive and potentially more expensive.

Outcome After discussion, committee members indicated a lack of sufficient support to advance the EDRB sales-tax exemption request to City Council. One committee member said they would not make a motion because a motion would likely fail on the committee floor. The item did not receive a formal committee vote to forward; developers were encouraged to continue work and consider options.

Why it matters The debate centers on how narrowly the city applies its EDRB policy and whether the benefit (sales-tax exemption tied to construction materials and FF&E) is justified for a single-site, infill entertainment use not accompanied by a broader redevelopment package. The decision has implications for precedent and for how Overland Park uses incentive tools to attract entertainment and hospitality uses versus housing, office or comprehensive mixed-use reinvestment projects.