City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 4, 2018 | 6:00 PM 1. CALL TO ORDER Others in attendance were City Manager Wilkes, Assistant City Manager Sherman and City Attoney Shaver. Present: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt 2. EXECUTIVE SESSION-6:00 PM A. Consideration of a motion to recess into an executive session for consultation with the City’s attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A.75-4319(b)(2) pertaining to a development agreement, a funding agreement, and a management agreement, and for preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the acquisition of property in south Olathe. Motion by Randall, seconded by Bacon, to recess into an executive session for consultation with the City's attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A.75-4319(b)(2) pertaining to a development agreement, a funding agreement, and a management agreement, and for preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A75-4319(b)(6) regarding the acquistion of property in south Olathe and to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the Internal Auditor Position. The motion carried by the following vote: The open meeting will resume at 6:45 p.m. Motion by Randall, seconded by Bacon to extend the executive for an additional 10 minutes. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt 3. RECONVENE FROM EXECUTIVE SESSION The meeting reconvened at 6:55 p.m. Page 1 of 11 City Council Meeting Minutes December 4, 2018 Motion by Randall, seconded by Bacon to authorize staff to proceed with the strategies as discussed with and directed by the Governing Body. An update was given on the Internal Auditor Position, no action was taken. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Recognition of Boy Scouts for Eagle Scout service projects completed for the City. Liz Newman, Senior Horticulturist introduced Jason Thun, who built a Photo Op Spot at Stagecoach Park for his Eagle Scout Project. Mayor Copeland presented Jason a certificate of appreciation. B. Recognition of Karen Hooven, Assistant to the Mayor, on her retirement. Mayor Copeland recognized Karen Hooven for her thirty (30) plus years of service with the City of Olathe and her passion and committment to the City. Mr. Copeland presented Karen with a mini Barton Plaque. Assistant City Manager, Susan Sherman stated there would be a celebration for Karen on Thursday, December 13 at the Heritage Center from 3:00-5:00 p.m. 7. CONSENT AGENDA Approval of the Consent Agenda Motion by Randall, seconded by Bacon, to approve the consent agenda with the exception of items H and L. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt A. Consideration of City Council meeting minutes for November 20, 2018. approved. B. Consideration of cereal malt beverage license applications for calendar year 2019. approved. C. Consideration of a private club license for new business S&S Olathe Pointe, LLC. approved. D. Consideration of business expense statements for Mayor Copeland, Page 2 of 11 City Council Meeting Minutes December 4, 2018 Council Members, Jim Randall, Wes McCoy, and Karin Brownlee to attend the National League of Cities 2018 City Summit November 7-11, 2018 in Los Angeles, CA. approved. E. Consideration of Resolution No. 18-1105 authorizing fire department to participate in patient safety evaluation practices coordinated through the Center for Patient Safety. approved. F. Consideration of Resolution No. 18-1106 authorizing indemnification and defense for the Mayor and City Manager in the matter of Larry Brown v. City of Olathe, et al. approved. G. Consideration of the 2019 Human Service Fund Allocations. approved. H. Consideration of the 2019 Alcohol Tax Fund Allocations. Councilmember Brownlee asked if there were performance measures in this and do we know if the monies expended in this manner, what effect they are having, and what is it accomplishing. Michael Meadors, Director of Parks and Recreation, referred to Marya Schott, UCS Director of Resource Allocation. Ms. Schott confirmed there are performance measurements and all grantees are asked to report their outcomes. Ms. Schott stated the accomplishments will be reflected in a year end report and that the information in front of the council tonight is the recommendations report for 2019. Ms. Brownlee asked if the year end reports are forwarded to them. Ms. Schott stated the 2018 year end report should be available in February. Ms. Brownlee asked what Mirror was. Ms. Schott explained they have in-patient and out-patient programs in Johnson County and the residential program is what is funded through the Alcohol Tax Fund. Ms. Schott went on to say that Mirror is an organization that has facilities throughout the state of Kansas. Ms. Brownlee stated she looked forward to seeing the report. Councilmember Bacon asked if they had the opportunity to ask for specific Page 3 of 11 City Council Meeting Minutes December 4, 2018 benchmarks. Ms. Schott explained it is a mix in some cases, the Drug and Alcoholism Council may say to an organization that they would really like them be looking at a particular outcome and have them report on that outcome. Ms. Schott also stated that in most cases the outcomes proposed by the organizations is what they report on. Ms. Schott also indiciated that everyone does not report on the same thing, as there are a variety of organizations. Motion by Randall, seconded by Bacon,to approve consent item H. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt I. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Hi-Line Plastics, 1st Plat (FP18-0037) containing 1 industrial lot on 4.11± acres; located at 801 E. Old 56 Highway. approved. J. Request for the acceptance of the dedication of land for public easements and street right-of-way for a final plat for Covington Creek, Second Plat (FP18-0038) containing 39 single-family lots and 4 common tracts on 16.83± acres; located along the west side of Sunnybrook Boulevard, just north of 115th Place. Planning Commission recommends approval 7-0. approved. K. Request for the acceptance of the dedication of land for public easements and street right-of-way for a final plat for Hickman Farms (FP18-0039) containing 9 single-family lots and 3 common tracts on 3.41± acres; located along the south side of W. 124th Street just west of Parker Road. Planning Commission recommends approval 7-0. approved. L. Contract with Team Office, LLC for the removal and replacement of existing workstations located at Public Works, 1385 S. Robinson Drive. Councilmember McCoy noted the bid was over $50,000, and asked if the company was local. Beth Wright, Public Works Deputy Director stated that Team Office is out of the Jefferson City area. Mr. McCoy inquired if this Team Office was the only bid received. Ms. Wright stated there was one other bid received from United Office Products and the bid was $178,000. Mr. McCoy asked what the reasoning was behind the workstation replacement. Page 4 of 11 City Council Meeting Minutes December 4, 2018 Ms. Wright stated this is the first time office furniture has been replaced since the Robinson facility was built in 2003, that it is over 15 years old and the cubicles were used initially and estimated they were over 25 years old and not in the best condition. Councilmember Campbell asked if the products from each bidder were similar. Ms. Wright stated they were similar. Motion by Randall, seconded by Bacon, to approve consent agenda item L. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt M. Consideration of Resolution No. 18-1107 authorizing the Municipal Court Security Enhancements Project, PN 7-C-001-19. approved. N. Consideration of an Agreement with Hoefer Wysocki Architects for design of the Municipal Court Security Enhancements Project, PN 7-C-001-19. approved. O. Consideration of Consent Calendar. approved. P. Consideration of Resolution No. 18-1108 assigning the lease agreement and related bond documents by Builder’s Stone & Masonry Inc. in connection with $5,100,000 in industrial revenue bonds to Double T Enterprises LLC. approved. Q. Consideration of Resolution No. 18-1109 authorizing the public sale of Stormwater Revenue Bonds, Series 2019. approved. R. Consideration of Resolution No. 18-1110 adopting the City’s Benefit District Policy. approved. S. Consideration of Resolution No. 18-1111 adopting the City’s Industrial Revenue Bond and Tax Abatement (IRB) Policy. approved. T. Consideration of renewal of contract with Kansas City Taxi, LLC. (d/b/a 10/10 Taxi) to provide transportation services for the Taxi Voucher Program, under the guidance of the Housing Services Division. Page 5 of 11 City Council Meeting Minutes December 4, 2018 approved. U. Consideration of renewal of contract with Journal Technologies, Inc. to provide annual support to maintain and update the Municipal Court/Prosecutor case management system. approved. V. Acceptance of bid and consideration of award of contract to Crossland Heavy Contractors, Inc. for the purchase and installation of replacement clarifier equipment parts at Water Treatment Plant 2. approved. 8. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance 18-59 (UDO18-0002) for Unified Development Ordinance Amendments. Planning Commission recommended approval 7-0. Mayor Copeland extended condolences of the City Council and organization to family, friends and co-workers of Olathe City Safety Coordinator Angela Reed who passed away last night. Mr. Copeland reviewed Ms. Reeds accomplishments in her 20 years with the City. Shelby Ferguson, Planning Consultant provided a presentation reviewing the proposed amendments pertaining to Chapters 18.30, 18.40, and 18.50 which include vibration standards for industrial district, vibration standards and setbacks for quarries and mines in addition to 18.40 the procedure section UDO which includes preliminary plans, preliminary plats along with looking at final plats. Mayor Copeland opened the floor to those who signed up to speak regarding the UDO amendments. Randy, Kriesel, 24120 W. 167th Street, stated the changes in the proposed language is removing the quarries and mines .02 limits for all vibrations, not just blasting and referenced title 16 fire code and that the .75 and .5 limits only apply to blasting vibration and everything else industrial use in Olathe has to meet the .02 for non-blasting vibrations. Mr. Kriesel stated the 18.51.60 needs to keep the .02 limits for residential. Pete Heaven, 9401 Indian Creek Parkway, Overland Park, KS shared concerns regarding the proposed expiration limit on preliminary plans and plats. Mr. Heaven asked if he had a preliminary plat that is three (3) years old, and the amendment passes, would he get two (2) years to file a final plat. Harold Phelps, Phelps Engineering, 1270 N. Winchester, Olathe, KS. Mr. Phelps shared he does not feel those who have issues have not had the opportunity to present those issues to the planning commission or city council. Mr. Phelps also stated he is still confused on the expiration of preliminary plats and final plats and Page 6 of 11 City Council Meeting Minutes December 4, 2018 feels that needs to be clarified. Mr. Phelps asked the council to consider having the same timeline for preliminary plats and preliminary plans. Mr. Phelps asked for clarification on when an extension is given. Dave Rinne, Schlagel and Associates, 14920 W. 107th Street, Lenexa, KS. Mr. Rinne stated the preference is that preliminary plats and preliminary plans not expire because the developers lenders rely on the approved plans to determine values on the property. Mr. Rinne also noted the neighborhood residents rely on the approved plans when a lot is purchased, that there is an expectation that it's going to be developed in accordance with the plan and that the uncertanity is probably not a good thing. Travis Schram, President of Grata Development, 11282 S. Belmont Street, Olathe, KS. Mr. Schram shared concerns regarding the commencement of construction, the requirement of a building permit to lock in a plan. Mr. Schram stated it is not clear on why this is being done. Mr. Schram also noted the proposed changes introduce a risk to the development and the risks will gets priced in and that risk goes to the customer. Mr. Schram asked what is the problem that is trying to be solved. Ms. Ferguson was asked to address the following; what would happen if the amendments regarding plats and plans do not move forward, the change of the .02 vibration limit, the two and five year expirations, how the communication has been different with the stakeholders verses how it's been done in the past, the extension process, how the time clock works on submittals of final plats and plans and having plats and plans on the same timeline. Ms. Ferguson explained if an approved 10 year old preliminary plan which currently does not have expiration they could come in and file for approval of their final plan and if there has been any code updates and changes for development standards so there would be concerns that the plan/development would not sufficient or adhere to what the city is currently developing. Ms. Ferguson stated it's not just that the UDO requirements would not be met but there could be concerns regarding traffic, dimensions of curb and streets and design within that site. Ms. Ferguson explained the expiration time would allow for a touch point between city staff and the development to ensure that the development has up to date standards. Ms. Ferguson also noted that if the development had an approval for the final recorded plan then they would be able to go straight to getting a building permit. A question was asked regarding deed restrictions and Mary Jaeger, Public Works Director, explained if there are deed restrictions on a first plat and second plat comes in with confilicting deed restriction that is something that would need be worked out. Ms. Jaeger explained the amendments are providing us a touch point and providing it for the community that we make sure that whatever is being proposed has not lapsed so long that it's not what the community wants anymore. Ms. Ferguson explained that the .02 vibration limit is in two (2) sections of the code, 18.30 and 18.51.60 and points to the national standards and the two (2) conflict, so for consitency purposes there is the proposed removal of .02. The questions was asked if we could point to the national standard and say except for the .02 and the conflict goes away, Ms. Ferguson stated that is something that can be looked into. Page 7 of 11 City Council Meeting Minutes December 4, 2018 Ms. Ferguson provided clarification between final plats and plans 2 and 5 year expirations, explained currenlty preliminary plans do not have an expiration with the five year expiration that would go into effect if approved and adopted tonight that would go into effect for any preliminary plan approved moving forward after tonight. Ms. Ferguson also explained that moving forward anything previously approved and not grandfathered in, which is not currently proposed, would already be considred expired, so anything moving forward this evening would have the five year expiration. Ms. Ferguson described the input process stating there have been meetings with the development community and other stakeholders and that throughtout have sent them drafts and sat down discussed the drafts with them as the conversations went on staff would take a draft that had addressed the concerns of the development community as well as what staff felt addressed the needs of the city and the developers and then go to the planning commission, workshops and public hearing. Ms. Ferguson stated the meetings were held with staff and the developers/stakeholders directly and explained the differnce of how it was done in the past with the committees that the committees consisted of members from the council and the planning commission and meetings were not held directly with the stakeholders. Ms. Ferguson addressed the timeclock/when things begin. The timeclock renewal implemented later on due to concerns with expirations proposed the two and turning into 5 year expiration for preliminary plans and addition concerns with the current existing 2 year expiration for preliminary plats as a comprimise due to some developments take time and the concerns with financial guarntees so the renewal was written in so the development could continue without having concern of the expiration occuring they can also request an administrative approval of a one year extension but for every final plat that is brought in the 2 year time period for the preliminary plat renews. Ms. Ferguson acknowledged it has been brought to staffs attention regarding having the same timeline for preliminary plats and plans and staff is willing to entertain the idea, and noted that with the ability to renew with every final that is brought in and receive an extension they feel that would be sufficient moving forward and when extensions are granted can be administratively and that is upto one year currently preliminary plats do not have the ability to renew or have an extension the only extension possibiltiy for a larger scale developement in excess of 40acres that is also phasing. Pete Heaven talked about the bulk regulations and stated that refers to lot dimensions, setback and open space and when a developer goes to a lender to borrow on a 500 lot subdivison the lender wants to know for certain that it can be built that the preliminary plat will be good for as long as it takes to get the subdivision finished. As long as the developer is filing plats every two years, Mr. Heaven noted this is how its always been just not written down, then you keep rolling along but when you hit the touch point which means if the open space changes between your thrid and fourth plat tha means the fourth plat has to comply with new open space requirements which could fowl up the rest of the subdivision. Mr. Heaven said they have always had comply with health and safety regulations of the municipal code but not UDO amendments that could affect development in a negative way. There was no action taken and will be brought to a study session to provide some Page 8 of 11 City Council Meeting Minutes December 4, 2018 additional information on the topics dicussed. 9. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 18-60 authorizing issuance of the City’s taxable Industrial Revenue bonds in an amount not to exceed $2,100,000 on behalf of Ace Properties, LLC - Lot I, for the construction of an industrial warehouse located at 623 N. Lindenwood and the Assignment of such bonds to Double T Enterprises, LLC. Motion by Randall, seconded by Bacon, to approve Ordinance No. 18-60. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt 10. NEW CITY COUNCIL BUSINESS Councilmember McCoy extended his appreciation to park staff for clearing a tree that was down on the trail near Mid-America Nazarene School and for maintaing the parks and trails so wel.. Mayor Copeland reported the Mayor's Christmas tree was lit last week and stated how impressive the tree was. Mr. Copeland noted what a great job the Parks and Recreation Department staff did decorating the tree and that they should be very proud. 11. END OF TELEVISED SESSION 12. GENERAL ISSUES AND CONCERNS OF CITIZENS Mike Harvey, 1113 Monterey Lane, Olathe, shared his concerns regarding Santa Barbar Estate having only one entrance in and out of the mobile home park. 13. CONVENE FOR PLANNING SESSION A. REPORTS 1. Report on the Fire Training Center Project, PN 6-C-004-13. was accepted. Chad Foster, Public Works, and Jeff DeGraffenreid gave a review of the training facility. Page 9 of 11 City Council Meeting Minutes December 4, 2018 Mayor Copeland asked if there was a desigener hired and Mr. Foster stated that was in the process. Mr. McCoy asked if there would be real fires in the burn tow in which Mr. DeGraffenreid state there would be but not everyday and they did not expect the smoke to be noticeable. there was question whether other departments would use the facility and Mr. DeGraffenreid state they would be and anticipated there would be more than there is now that use the city's current facility. Councilmember Bacon inquired about the fees that would be chared to other departments and Mr. DeGraffenreid stated there will be a savings as the city fire staff would not be traveling to KC for their training. Mayor Copeland asked if the neighborhood across the street would be distbured by the training. Mr. DeGraffenreid stated training would take place during reasonable hours and don't think that no more than the high shcool that is there. Question asked about cost recovery-captail cost, Mr. DeGraffenreid stated they don't have that information yet. 2. Report on Resolution implementing new court costs and fees, repealing resolution 16-1074. was accepted. Councilmember Campbell, liason to the court and judge and that Councilmembers McCoy, Brownlees and himself attended meeting prior to council meeting and stated they were please with everything and the fees are needed for security. Councilmember Bacon asked if these were necessary and if they were included in the comprehensive fees and costs.. Judge..... stated they had revamped their fee schedule which was necessary for the software, etc. Ms. .... stated additional the addition fees not covering personnel cost that they cover just a small portion. Mr. Bacon stated he would like see the list of fees and expenses. Councilmember Vogt asked if this is new fee and if this is done at other places. Page 10 of 11 City Council Meeting Minutes December 4, 2018 Judge... there is an amount set out specific fee, broken down. go into specific funds to offset of the security screening. 3. Report regarding revisions to the City's Policy on Boards, Commissions, and Committees of the City Council (CC-5). was accepted. B. DISCUSSION ITEMS 1. Presentation of 2019 State Legislative Agenda. was completed. 14. ADDITIONAL ITEMS 15. ADJOURNMENT Page 11 of 11