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City Council

Regular Meeting

Olathe, KS · December 18, 2018

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Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 18, 2018 | 6:30 PM 1. CITY OF OLATHE VISION 2040 PRESENTATION, CITY HALL CITY OF GOVERNOR'S MEETING ROOM, 5:30 p.m. – 6:30 p.m. A presentation of Olathe Vision 2040 was given. 2. CALL TO ORDER Present: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland Others in attendance were City Manager Wilkes and City Attorney Shaver. 3. EXECUTIVE SESSION - 6:30 P.M. A. Consideration of a motion to recess into an executive session 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. (City Council) Motion by McCoy, Seconded by Bacon 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: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt B. 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 real estate contract. Motion by McCoy, Seconded by Bacon to consult 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 real estate contract. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt The open meeting will resume at 7:00 p.m. Page 1 of 18 City Council Meeting Minutes December 18, 2018 4. RECONVENE FROM EXECUTIVE SESSION The meeting reconvened at 7:00 p.m. Executive Session Item A - Motion by Randall, seconded by Bacon to authorize staff to proceed with the strategies as discussed with and directed by the Governing Body. Motion passed 7-0 Executive Session Item B - Motion by Randall, seconded by Bacon to authorize the City Attorney to finalize and the Mayor to execute the real estate contract and related documents as directed by the Governing Body. Motion passed 7-0 5. BEGIN TELEVISED SESSION – 7:00 P. M. 6. PLEDGE OF ALLEGIANCE After the pledge, Mayor Copeland stated if anyone was present for item "F" under the consent agenda that the item was being pulled for future consideration. 7. PUBLIC HEARINGS A. Consideration of a public hearing on the adoption of the Olathe 151st Street STAR Bond Project Plan. Resource Management Director, Dianna Wright, introduced the item and Josh Woodbury from the Woodbury Corporation provided an overview of the project. Councilmember Brownlee asked what do they anticipate being built in the first phase as they mentioned that there would be three phases over six years. Mr. Woodbury stated the first phase would include all of the public infrastructure such as a road network, utilities, sidewalks and public art. Mr. Woodbury stated the arena and interactive belt concept as well as a couple other entertainment focused users would be part of the first phase as well. Mr. Woodbury stated he expects a number of restaurants in the first phase as well as plans for 250 multi-family apartments. Mr. Woobury is also hopeful to come to an agreement with the Burlington Coat Factory to build a new store. Page 2 of 18 City Council Meeting Minutes December 18, 2018 Councilmember Brownlee asked if any of the restaurants they envision have indicated an interest in coming and who they might be. Mr. Woodbury stated they do have interested restaurants but part of the problem is that tenants and restaurants require co-tenant contingencies so they know that they will not be an island. Mr. Woodbury stated because of this that he cannot tell them who the restaurants are yet. Councilmember McCoy commented that he felt the size of the arena would be a great venue for groups that could not fill the Sprint Center plus it would have great access to I-35. Mr. McCoy stated it would also present several opportunities and a good location for our larger companies to host out of town guests. Mayor Copeland mentioned there are a lot of industrial uses near this property and asked Mr. Woodbury if that sets the tone or pre-determines the use. Mr. Copeland asked if they saw other possibilities for this. Mr. Woodbury mentioned the Olathe Medical Center and Garmin Headquarters are a wonderful neighbor to have and represent opportunities. Mr. Woodbury thought there was a stigma to overcome with a failed mall and industrial properties nearby. Mr. Woodbury stated they are trying to right size the retail opportunity and they would be supplementing that with mixed uses such as the multi-family apartments and office uses. The arena offers a great opportunity for a civic use and true gathering spot. Mr. Woodbury felt they were trying to incorporate mixed uses to overcome stigmas that previously existed. Mayor Copeland said one of the top questions they get is what are we doing about the Great Mall site. Mr. Copeland stated you have brought a vision before us and asked that he talk about the confidence they have in their vision. Mr. Woodbury stated the key is tax increment financing. Mr. Woodbury stated they would not be able to build this without it and it Page 3 of 18 City Council Meeting Minutes December 18, 2018 helps them be comfortable with the risk they are taking. Mr. Woodbury indicated they are confident with the anchor tenants about doing this in the first phase. Mr. Woodbury stated that they are motivated to get to the second and third phases. Councilmember Brownlee asked if Mr. Woodbury would be open to a change in the name that has been selected to date. Mr. Woodbury stated he is open, although, they had selected an outside marketing firm to help come up with this name, which is dynamic and flexible. Mr. Woodbury advises against it as they do not want generic names. Councilmember Brownlee commented that one of the things that was not well done with the former mall that was demolished was the name and did not want to make the same mistake twice. Ms. Brownlee felt the word they came up with conjures up different pictures in their minds and thought there would be many thoughts expressed now and down the road. Mayor Copeland opened the public hearing. Adam Mickelson, 12381 S. Race Street, Olathe expressed concern over the project numbers, existence of other similar arenas/sports complexes in the greater Kansas City metro area and the market summary. Mr. Mickelson stated he is not opposed to this development but he is to excessive public funding and do we want to spend taxpayer dollars for this over the next 15-20 years when it could be put to better use for roads or public infrastructure. Mr. Mickelson also stated there is only so much citizen appetite to handle the public funding of private partnerships. Mr. Mickelson concluded you don’t often get a second chance to make a good decision that won’t affect us for 15-20 years. John Duggan, 9101 W. 110th Street, Overland Park stated he was here on behalf of two property owners affected by this. Mr. Duggan stated they support the project but had concerns. Mr. Duggan stated a recent preliminary planning meeting where it was stated the Page 4 of 18 City Council Meeting Minutes December 18, 2018 property to the north of the district would be used for detention of stormwater and wetlands, which is not true. Mr. Duggan stated his clients own the property mentioned for this and that they plan to develop the property. Mr. Duggan asked the Council to make sure the stormwater discharge for this project meets all of the codes of the City and that their property will not be used as a stormwater discharge for this project to the detriment of his clients. Julia Lynn, 18837 W. 115th Terrace, Olathe stated she is the State Senator for this district and serves on the State Commerce Committee. Ms. Lynn provided background information concerning the STAR bond program and discussions concerning it in the commerce committee. Ms. Lynn stated she loved the idea of the venture before them this evening, but cautioned the Council about how taxpayer money is spent on a development. Ms. Lynn urged as the overseer of the taxpayers in this district that the Council be very transparent going forward, that the public is aware, and to give them input as the process moves forward. Hearing no other comments the Mayor called to close the public hearing. Motion by Randall, seconded by Bacon, to close the public hearing. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt B. Consideration of Ordinance No. 18-61 approving the Olathe 151st Street STAR Bond Project Plan. Mayor Copeland asked for an update on the STAR bond process and if we are legally within State law. Gary Anderson, City bond counsel with Gilmore and Bell, 2405 Grand Boulevard, Kansas City, Missouri gave a brief update of the process the City has gone through to date and stated the City has legally followed all the necessary steps in connection with STAR bonds. Councilmember Randall commented that the City of Overland Park Page 5 of 18 City Council Meeting Minutes December 18, 2018 is in the process of approving STAR bonds for a new arena as well. Mr. Randall asked if the State Commerce Department could approve both STAR bond projects, or one and not the other. Mr. Anderson stated if the Council approves the STAR bond plan tonight that they will submit it to the Secretary of Commerce for approval. If the Secretary of Commerce approves the plan then we would proceed with completing negotiations on various agreements. If the agreements are negotiated, we then go back to the Secretary of Commerce for approval of the STAR bond, approval of the budget for the STAR bonds and approval of bond issuance costs. It is at the Secretary of Commerce discretion whether to approve or not. Councilmember Randall said the question of, what if we end up with two arenas in Johnson County within ten miles of each other with market studies saying only one could survive based on all the revenue estimates and strategic plans for this type of activity. Mr. Randall asked if Mr. Anderson would agree with the comments that only one would survive. Mr. Anderson stated they have worked on a lot of sports facilities and the reality is that you have to have another source of revenue to pay for the facility and the ticket revenues, etc. generated by the project you hope will be enough to pay the operating costs, capital reserves, etc. Mr. Anderson stated venues like the Royals and Chiefs stadiums are not paid for by ticket revenues, but rather by a county wide sales tax and further cited the Kansas Speedway is paid for with STAR bonds. Mayor Copeland stated it was mentioned we could better use the revenues to pave city streets and maintain property throughout the city. Mr. Copeland asked if this is something we should consider. Mr. Anderson stated if the project moved forward without incentives the taxing jurisdictions would receive property and sales taxes and why would you give that money away. Mr. Anderson stated the owners have been actively trying to market the property, which has Page 6 of 18 City Council Meeting Minutes December 18, 2018 been sitting vacant, so the reality is that it needs incentives. Councilmember Randall reiterated that all they are doing tonight is approving a plan that will go to the Secretary of Commerce to determine if it is eligible for STAR bonds and that they are not committing any dollars or legislation tonight. Councilmember Vogt stated this is an opportunity and we will gather more information. Ms. Vogt stated we not only look at return on investment and it is not always direct revenues but also the indirect benefits that you get. Ms. Vogt stated some of the tax dollars that will help to do this will hopefully, after we look at the proforma, help pay for that and more. Ms. Vogt stated it is an investment on both parts by the City and applicant. Councilmember Campbell stated he has been vocal about his concerns on return on investment and the longterm. Mr. Campbell asked if he understands correctly we have an area that has not developed and needs help, and we also have a company that has a good plan and are here ready to develop. Mr. Campbell asked if we will have time to get answers back to a lot of the financial questions he has asked before we get to the point of no return. Mr. Campbell asked if that is correct. Dianna Wright, Director of Resource Management stated that is absolutely correct. Ms. Wright reiterated what bond counsel stated earlier about the process. Ms. Wright stated Council will see this multiple times and they will receive numbers in plenty of time to digest and ask questions. Councilmember Brownlee stated she has been a supporter of STAR bonds. Ms. Brownlee stated she had advocated for the racetrack and obviously it has been very successful. Ms. Brownlee stated she has heard a growing voice from the public that they are concerned that people with a lot of money are developing and getting incentives. Ms. Brownlee stated her concern is the number of incentives being offered and that we are cognizant of that voice from the public. Page 7 of 18 City Council Meeting Minutes December 18, 2018 Motion by Randall, Seconded by Bacon to approve Ordinance 18-61 approving the Olathe 151st Street STAR Bond project plan. The motion carried by the following vote: Yes: Copeland, Bacon, Campbell, Randall, McCoy, and Vogt No: Brownlee 8. CONSENT AGENDA Approval of the Consent Agenda Motion by Randall, seconded by Bacon, to approve the consent agenda with the exception of item G. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt A. Consideration of the City Council meeting minutes for December 4, 2018. Approved. B. Consideration of cereal malt beverage license applications for calendar year 2019. Approved. C. Consideration of drinking establishment license application renewal for KC Lodge Ventures dba Twin Peaks; located at 14805 W. 119th Street. Approved. D. Consideration of Resolution No. 18-1112 appointing members to the Board of Zoning Appeals. Approved. E. Consideration of business expense statement for Council Member John Bacon to attend the National League of Cities 2018 City Summit November 7-11, 2018 in Los Angeles, CA. Approved. *F. Consideration of Resolution No. 18-1113 adopting the City’s Policy on Boards, Commissions, and Committees of the City Council (CC-5). REMOVE AT STAFF REQUEST. Withdrawn. G. Consideration of Resolution No. 18-1114 establishing fees for the Olathe Municipal Court; repealing Resolution No. 16-1074. Councilmember Bacon stated staff had indicated in an email that the Page 8 of 18 City Council Meeting Minutes December 18, 2018 revenue from Court activity well exceeds the budget. Mr. Bacon stated the revenues were $2.5 million and the court budget is $1.3 million. Mr. Bacon stated he is not in favor of raising the fees at this time. Motion by Randall, seconded by Campbell,to approve consent item G. The motion carried by the following vote: Yes: Copeland, Brownlee, Campbell, Randall, McCoy, and Vogt No: Bacon H. Consideration of an agreement with the KDOT, accepting transportation enhancement funds for the Cedar Creek Trail, PN 4-C-011-16. Approved. I. Consideration of Resolution No. 18-1115, SU18-0007, requesting a Special Use Permit renewal to permit more than 4 animals in a R-1 zoning district, containing 1 residential lot on 0.22± acres; located at 316 South Mahaffie Street. Planning Commission recommends approval 6-1. Approved. J. Consideration of Resolution No. 18-1116, PLN18-0009, requesting the city’s consent to the enlargement of Consolidated Main Sewer District for Willows Crossing, 2nd Plat. Approved. K. Request for the acceptance of the dedication of land for public easements for a final plat for Boulder Creek Villas, Second Plat (FP18-0042) containing 3 lots on 1.04± acres; located in the vicinity of 167th Street and Mur-Len Road. Planning Commission recommends approval 7-0. Approved. L. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Meadows of Valley Ridge, Third Plat (FP18-0043) containing 30 single-family lots and 3 common tracts on 12.44± acres; located at the northeast corner of the future intersection of Cedar Creek Parkway and W. 113th Terrace. Planning Commission recommends approval 7-0. Approved. M. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Stonebridge Trails, 5th Plat (FP18-0045) containing 27 single-family lots and 3 common tracts on 9.67± acres; located in the vicinity of 167th Street and Brougham Drive. Planning Commission recommends approval 7-0. Page 9 of 18 City Council Meeting Minutes December 18, 2018 Approved. N. Consideration of Consent Calendar. Approved. O. Consideration of Supplemental Agreement No. 1 with the Kansas Department of Transportation (KDOT) for funding the construction of the Safe Routes to School Project, PN 3-C-092-14. Approved. P. Consideration of Resolution No. 18-1117 authorizing the Mahaffie Circle Improvements Project, PN 3-C-107-17; and repealing Resolution 17-1080. Approved. Q. Consideration of Agreement No. 78-18 with the Kansas Department of Transportation (KDOT) for funding the construction of the Mahaffie Circle Improvements Project, PN 3-C-107-17. Approved. R. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Amino Brothers Company, Inc. for construction of K-7 Highway, Santa Fe Street to Old 56 Highway Project, PN 3-C-024-16. Approved. S. Consideration of renewal of contract with Oracle America Inc. for technical support & licensing renewals for the EnterpriseOne Financial Management System. Approved. T. Consideration of purchase of four (4) Columbaria units for the Cemetery from Eagles Memorials for the Parks & Recreation Department. Approved. U. Acceptance of proposals and consideration award of contract to Kansas City Fire & Security for alarm monitoring, service and annual UL testing for the Facilities Division of the Parks & Recreation Department. Approved. V. Acceptance of bid and consideration of award to Murphy Tractor & Equipment Company for the replacement of one (1) Wirtgen W60Ri Milling Machine for the Street Maintenance Section of Public Works. Approved. 9. NEW BUSINESS-PUBLIC WORKS A. Consideration of Resolution 18-1118, SU18-0006, requesting a Special Use Permit renewal to permit more than 4 animals in a R-1 zoning district, containing 1 residential lot on 0.14± acres; located at 910 E. Elm Street. Planning Commission recommends approval 7-0. Page 10 of 18 City Council Meeting Minutes December 18, 2018 Dan Fernandez, Planner II gave a presentation for this item. Mr. Fernandez stated the Planning Commission voted 7-0 to approve the permit for a one year period and that staff recommends renewal for a five year special use permit which is consistent for this type of special use pemit. Mr. Fernandez stated the reason for the one year approval by the Planning Commission was that a neighbor did appear before the Commission with a complaint about th odor of the rabbits. Mr. Fernandez indicated the reason this item was under new business instead of consent is that the applicant is asking for a five year permit instead of a one year permit. Councilmember Vogt asked if complaints were filed with the City and how did we respond. Mr. Fernandez stated over the past five years there were three complaints about odor. Two of the complaints were in 2016. City Code enforcement followed up on the complaints with code enforcement visiting the property three times in one day on the first complaint and not finding any odor. The second time no odor was detected and the officer visited with surrounding property owners who did not complain of any odor from the rabbits. Councilmember McCoy stated if a person lives within the established guidelines that a five year special use permit does not seem unreasonable. Mr. McCoy stated if there are numerous complaints that the City has the right to pull the special use permit, correct? Mr. Fernandez stated that was correct. Councilmember Randall asked that code enforcement has responded to odor complaints, but has never been able to detect an odor, correct? Mr. Fernandez stated that was correct. Councilmember Randall stated he would like to make a motion to renew the permit for five years. Motion by Randall, seconded by Vogt to approve the special use permit renewal for five years Page 11 of 18 City Council Meeting Minutes December 18, 2018 The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt B. Consideration of Ordinance No. 18-62, RZ18-0018, requesting approval for a rezoning from M-2 to C-2 District and preliminary site development plan for Bank of Blue Valley - Olathe Branch on 0.93± acres; located at the northwest corner of the intersection of W. Santa Fe Street and N. Monroe Street. Planning Commission recommends approval 7-0. Zach Moore, Planner II gave a brief presentation for this item and companion item C. Motion by Randall, seconded by Bacon to approve Ordinance No. 18-62. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt C. Request for the acceptance of the dedication of land for public easements and street right-of-way for a final plat for Bank BV Olathe (FP18-0040) containing 2 commercial lots and no common tracts on 2.04± acres; located at the northwest corner of the intersection of W. Santa Fe Street and N. Monroe Street. Planning Commission recommends approval 7-0. Motion by Randall, seconded by Bacon,to approve the item. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt D. Consideration of a Professional Services Agreement with Landworks Studio, LLC for design of the Downtown Alley Enhancements Project, PN 6-C-033-18. Emily Carrillo, Neighborhood Planning Coordinator gave a presentation. Councilmembers asked for cost clarification and what amounts were allocated for. Councilmember Bacon inquired about a budget and if they had one. Ms. Carrillo stated they do not, but it will be part of the process. Page 12 of 18 City Council Meeting Minutes December 18, 2018 Councilmember Bacon stated he is concerned about what they don't know and critical of the process they are going through. Councilmember Bacon asked if they interviewed any other firms and if we are not using the procurement process for this particular project. Mary Jaeger, Public Works Director stated the procurement process for professional services is not a bidding process. Ms. Jaeger stated a design build would probably be a great way to go in the future but the process for acquiring Landworks for this project were based on professional services and the most qualified firm for professional services. Ms. Jaeger stated it comes down to Landworks being downtown, a part of the community and a part of that culture, which cultivated a lot of momentum they have around that alley. The professional services part is why they were selected. Ms. Jaeger stated this is unchartered territory as far as downtown alley design. Councilmember Bacon stated he would like for us to determine what we have to spend on alleys downtown and go from that perspective than spend $57,000 here and not know what this might come back as and whether or not this will ever get used. Mr. Bacon stated this could all change based on if the landscape downtown changes and cited the courthouse across the street scheduled to be torn down. Ms. Jaegar stated that these are reasonable concepts and not costing hundreds of thousands of dollars. Motion by Randall, seconded by Vogt, to approve the professional services agreement with Landworks Studio. The motion carried by the following vote: Yes: Copeland, Brownlee, Randall, McCoy, and Vogt No: Bacon, and Campbell 10. NEW BUSINESS-ADMINISTRATION A. Consideration of Resolution No. 18-1119 authorizing the Fire Training Center Project, PN 6-C-004-13. Page 13 of 18 City Council Meeting Minutes December 18, 2018 Kristine Martin, Stategic Initiatives Adminstrator with the Fire Department completed a presentation outlining the project. Councilmember Randall asked if other agencies taking classes through us would go to the Fire Admin. building and be transported to the fire tower if necessary. Ms. Martin stated that is correct. Councilmember Randall asked if we have made an estimate of how much money we will get from other departments to use the burn tower. Ms. Martin stated that will be the work we do after authorization has been placed and part of the planning work. Councilmember McCoy stated that this will be great for the high school students enrolled in the fire training program and within close proximity of Olathe West High School. Councilmember Brownlee asked if there had been any conversations with the neighbors across the street and assumes that will be part of the process going forward. Ms. Brownlee hopes that they would embrace this and wondered if they are hearing anything. Ms. Martin stated the conversations have not yet occured but that engagement would occur as part of the planning and after the project is authorized. Councilmember Vogt asked if this would go through Planning and the public would have an opportunity to comment. Ms. Martin said that is correct. Councilmember Bacon inquired if the outline shown on the map would not necessarily be set in stone at this point and it could move further to the east if need be to accomodate neighbors concerns. Page 14 of 18 City Council Meeting Minutes December 18, 2018 Ms. Martin stated that was absolutely right. Councilmember Bacon asked if we were just approving a budget tor the training center and not the location. Ms. Martin stated that was exactly right. Councilmember Bacon stated his concerns are the water storage facility to the south and that we are not going to do anything to compromise that and how it impacts the neighborhood. Mayor Copeland asked if this parcel has been planned in phases for city purposes and if moved how do we know we are not compromising other stuff. Jeff DeGraffenreid, Fire Chief stated he is not aware that the property is master planned but cited Parks and Recreation having a piece on the east side as well as Public Works on the north end with reclamation of the landfill as well as composting. Mayor Copeland stated there should be some land planning done with this piece of ground and thanked staff for bringing this forward. Motion by Randall, seconded by Bacon to approve Resolution No. 18-1119. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt B. Consideration of Ordinance No. 18-63 which amends Ordinance No. 18-46, pertaining to the annexation at K-7 Highway and 119th Street; correcting certain errors in the legal description. Councilmember Randall asked what happened and the process which caught a wrong legal description. Daniel Yoza, Assistant City Attorney stated the County had asked for a specific legal description that did not use abbreviations. Motion by Randall, seconded by Bacon, to approve Ordinance No. 18-63. The motion carried by the following vote: Page 15 of 18 City Council Meeting Minutes December 18, 2018 Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt C. Consideration of Resolution 18-1120 defining the boundary adjustment for the incorporated city limits of the City of Olathe as of December 30, 2018. Motion by Randall, seconded by Bacon, to approve Resolution No. 18-1120. The motion carried by the following vote: Yes: Copeland, Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt 11. NEW CITY COUNCIL BUSINESS Councilmember McCoy stated we have heard citizens asking for bike lanes and trails and the Parks and Recreation Department have done a good job with implementing those. Mr. McCoy stated he noticed recently bike lane markings were being applied on Kansas Avenue and thanked staff for making this happen. Councilmember Vogt extended a thank you to staff for the great work they do and wished everyone a Happy Holiday. Councilmember Randall wished everyone Happy Holidays. Councilmember Bacon wished everyone a Merry Christmas and a Happy New Year. Councilmember Brownlee wished everyone a Merry Christmas and stated she was grateful to live in this community. Mayor Copeland wished everyone a Merry Christmas and a Happy New Year. 12. END OF TELEVISED SESSION 13. GENERAL ISSUES AND CONCERNS OF CITIZENS Glendora Wright, 300 N Chestnut, Apt. 218 shared her health concerns due to mold within the Parkview Manor Apartments. Ms. Wright asked the City to share what they plan to do. Wendolyn Crease, 300 N. Chestnut, Apt. 411, shared her concerns of mold, asbestos and water leaks at the Parkview Manor Apartments. Carolyn Grant, 300 N Chestnut, Apt. 105 shared concerns of mold in her apartment at Parkview Manor and asked what will be done. Kathleen Caldwell, 300 North Chestnut, Apt. 406 voiced her concerns regarding the mold at Parkview Manor Apartments and asked that the City get back with them. Mayor Copeland asked staff for an update since the last time the issue was brought before them and indicated that Council had asked that this be a high Page 16 of 18 City Council Meeting Minutes December 18, 2018 priority. Brad Clay, Parks and Recreation Deputy Director reported to the Council actions that have been taken since the issue was brought to their attention. Mr. Clay stated the mold was brought to their attention on August 21, 2018 and immediate action was taken to get a certified contractor. Mr. Clay stated that AdvantaClean was selected as the contractor for the cleaning. Mr. Clay reported that AdvantaClean had completed their work and the work was successful according to tests taken indicating a healthy environment. Mr. Clay indicated the other sixty units will be tested in the next few weeks and results will be shared with the residents. Mr. Clay stated new carpet was installed in the six units in question. Mr. Clay stated staff will continue to contract with environmental inspection remediation companies to conduct air quality testing, inspections and cleaning on average of 10 to 15 per year to keep up on air quality at the units. Mr. Clay stated we responded in a swift, responsive and caring manner. Councilmember Brownlee asked if staff could confirm if new tile was put in Ms. Crease's unit, or was the shower re-tiled? Mr. Clay stated he made note of that tonight and stated he would get an answer back to Ms. Brownlee after he speaks with our facility staff to find out what they actually did with the panels in the shower. Councilmember Brownlee stated she and Councilmember Bacon had visited Ms. Crease's unit and there was nice work done in the bathroom and asked Mr. Clay to confirm what had been done. Mayor Copeland asked Mr. Clay to look into the issue of tenant relations and theft as well. Mr. Clay confirmed that he would check into that as well. 14. CONVENE FOR PLANNING SESSION A. DISCUSSION ITEMS 1. Update on the construction at Lake Olathe. (10 mins) Mike Latka, Park Project Coordinator with the Parks and Recreation Department completed a presentation. Page 17 of 18 City Council Meeting Minutes December 18, 2018 15. ADDITIONAL ITEMS Councilmember McCoy wished everyone a Merry Christmas. Councilmember Randall stated he and his wife will be going to the Dominican Republic for a week to celebrate their 50th wedding anniversary. 16. ADJOURNMENT The meeting adjourned at 9:50 p.m. David F. Bryant III, MMC Deputy City Clerk Page 18 of 18

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 18, 2018 | 6:30 PM 1. CITY OF OLATHE VISION 2040 PRESENTATION, CITY HALL CITY OF GOVERNOR'S MEETING ROOM, 5:30 p.m. – 6:30 p.m. 2. CALL TO ORDER 3. EXECUTIVE SESSION - 6:30 P.M. A. Consideration of a motion to recess into an executive session 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. (City Council) Staff Contact: Dianna Wright B. 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 real estate contract. Staff Contact: Ron Shaver 4. RECONVENE FROM EXECUTIVE SESSION 5. BEGIN TELEVISED SESSION – 7:00 P. M. 6. PLEDGE OF ALLEGIANCE 7. PUBLIC HEARINGS A. Consideration of a public hearing on the adoption of the Olathe 151st Street STAR Bond Project Plan. Staff Contact: Ron Shaver, Dianna Wright and Emily Vincent Attachments: Attachment A: Resolution No. 18-1096 Attachment B: Project Area Map Action needed: Consider motion to close hearing. Page 1 of 9 City Council Revised Agenda December 18, 2018 B. Consideration of Ordinance No. 18-61 approving the Olathe 151st Street STAR Bond Project Plan. Staff Contact: Ron Shaver, Dianna Wright and Emily Vincent Attachments: Attachment A: Ordinance No. 16-66 Attachment B: Resolution No. 18-1096 Attachment C: Project Area Map Attachment D: Ordinance No. 18-61 Action needed: Consider motion to approve (2/3rd positive vote required) or deny. 8. CONSENT AGENDA The items listed below are considered to be routine by the City Council and may be approved in one motion. These may include items that have been reviewed by the City Council in a prior planning session. There will be no separate discussion unless a Councilmember requests that an item be removed from the consent agenda and considered separately. A. Consideration of the City Council meeting minutes for December 4, 2018. Staff Contact: Dianna Wright and Kimberly Hubbard Attachments: Attachment A 12-04-18 Council Minutes.pdf B. Consideration of cereal malt beverage license applications for calendar year 2019. Staff Contact: Dianna Wright and Kimberly Hubbard C. Consideration of drinking establishment license application renewal for KC Lodge Ventures dba Twin Peaks; located at 14805 W. 119th Street. Staff Contact: Dianna Wright and Kimberly Hubbard Attachments: Attachment A-KC Lodge Ventures dba Twin Peaks Application D. Consideration of Resolution No. 18-1112 appointing members to the Board of Zoning Appeals. Staff Contact: Brenda Long Attachments: Attachment A. Resolution 18-1112 Page 2 of 9 City Council Revised Agenda December 18, 2018 E. Consideration of business expense statement for Council Member John Bacon to attend the National League of Cities 2018 City Summit November 7-11, 2018 in Los Angeles, CA. Staff Contact: Brenda Long Attachments: Attachment A - Bacon BES *F. Consideration of Resolution No. 18-1113 adopting the City’s Policy on Boards, Commissions, and Committees of the City Council (CC-5). REMOVE AT STAFF REQUEST. Staff Contact: Ron Shaver and Chris Grunewald Attachments: Attachment A Resolution No. 18-1113 Boards Commissions and Committees Policy. (CC-5)pdf Attachment B Clean Copy of Boards Commissions and Committees Policy.pdf G. Consideration of Resolution No. 18-1114 establishing fees for the Olathe Municipal Court; repealing Resolution No. 16-1074. Staff Contact: Kristi Orbin, Katie McElhinney and Ron Shaver Attachments: Attachment A: Resolution No. 18-1114 - Municipal court fees.doc Attachment B: Redline-Resolution No. 18-1114 - Municipal Court Fees.doc H. Consideration of an agreement with the KDOT, accepting transportation enhancement funds for the Cedar Creek Trail, PN 4-C-011-16. Staff Contact: Michael Meadors and Michael Latka Attachments: Attachment A - KDOT TAP Agreement.pdf Page 3 of 9 City Council Revised Agenda December 18, 2018 I. Consideration of Resolution No. 18-1115, SU18-0007, requesting a Special Use Permit renewal to permit more than 4 animals in a R-1 zoning district, containing 1 residential lot on 0.22± acres; located at 316 South Mahaffie Street. Planning Commission recommends approval 6-1. Staff Contact: Aimee Nassif and Daniel Fernandez Attachments: Attachment A. SU18-0007 Planning Commission Packet Attachment B. SU18-0007 Planning Commission Minutes Attachment C. SU18-0007 Resolution No. 18-1115 J. Consideration of Resolution No. 18-1116, PLN18-0009, requesting the city’s consent to the enlargement of Consolidated Main Sewer District for Willows Crossing, 2nd Plat. Staff Contact: Aimee Nassif and Daniel Fernandez Attachments: Attachment A - PLN18-0009 Resolution No. 18-1116 Attachment B - PLN18-0009 Exhibit A - Legal Description.pdf Attachment C - PLN18-0009 Exhibit B - Map.pdf Attachment D - PLN18-0009 JCW Request Letter K. Request for the acceptance of the dedication of land for public easements for a final plat for Boulder Creek Villas, Second Plat (FP18-0042) containing 3 lots on 1.04± acres; located in the vicinity of 167th Street and Mur-Len Road. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Kim Hollingsworth Attachments: Attachment A FP18-0042 PC Packet Attachment B FP18-0042 PC Minutes Page 4 of 9 City Council Revised Agenda December 18, 2018 L. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Meadows of Valley Ridge, Third Plat (FP18-0043) containing 30 single-family lots and 3 common tracts on 12.44± acres; located at the northeast corner of the future intersection of Cedar Creek Parkway and W. 113th Terrace. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Zach Moore Attachments: Attachment A - FP18-0043 Planning Commision Packet.pdf Attachment B - FP18-0043 Planning Commission Minutes M. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Stonebridge Trails, 5th Plat (FP18-0045) containing 27 single-family lots and 3 common tracts on 9.67± acres; located in the vicinity of 167th Street and Brougham Drive. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Daniel Fernandez Attachments: Attachment A - FP18-0045 Planning Commission Packet Attachment B - FP18-0045 Planning Commission Minutes N. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A Consent Calendar Attachment B Change Orders O. Consideration of Supplemental Agreement No. 1 with the Kansas Department of Transportation (KDOT) for funding the construction of the Safe Routes to School Project, PN 3-C-092-14. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A Supplemental Agreement No 1 Attachment B Project Fact Sheet Attachment C Project Location Maps Page 5 of 9 City Council Revised Agenda December 18, 2018 P. Consideration of Resolution No. 18-1117 authorizing the Mahaffie Circle Improvements Project, PN 3-C-107-17; and repealing Resolution 17-1080. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A Resolution No 18-1117 Attachment B Project Fact Sheet Attachment C Project Location Map Q. Consideration of Agreement No. 78-18 with the Kansas Department of Transportation (KDOT) for funding the construction of the Mahaffie Circle Improvements Project, PN 3-C-107-17. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A KDOT Agreement No 78-18 Attachment B Project Fact Sheet Attachment C Project Location Map R. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Amino Brothers Company, Inc. for construction of K-7 Highway, Santa Fe Street to Old 56 Highway Project, PN 3-C-024-16. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A Engineers Estimate and Affidavit of Estimate Attachment B Project Fact Sheet Attachment C Project Location Map S. Consideration of renewal of contract with Oracle America Inc. for technical support & licensing renewals for the EnterpriseOne Financial Management System. Staff Contact: Mike Sirna and Amy Tharnish T. Consideration of purchase of four (4) Columbaria units for the Cemetery from Eagles Memorials for the Parks & Recreation Department. Staff Contact: Michael Meadors and Amy Tharnish Attachments: Attachment A - Competition Exception Report Attachment B - Quotation Page 6 of 9 City Council Revised Agenda December 18, 2018 U. Acceptance of proposals and consideration award of contract to Kansas City Fire & Security for alarm monitoring, service and annual UL testing for the Facilities Division of the Parks & Recreation Department. Staff Contact: Michael Meadors and Amy Tharnish Attachments: Attachment A - Composite Score Sheet V. Acceptance of bid and consideration of award to Murphy Tractor & Equipment Company for the replacement of one (1) Wirtgen W60Ri Milling Machine for the Street Maintenance Section of Public Works. Staff Contact: Mary Jaeger and Amy Tharnish Attachments: Attachment A - Quotation 9. NEW BUSINESS-PUBLIC WORKS A. Consideration of Resolution 18-1118, SU18-0006, requesting a Special Use Permit renewal to permit more than 4 animals in a R-1 zoning district, containing 1 residential lot on 0.14± acres; located at 910 E. Elm Street. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Daniel Fernandez Attachments: Attachment A SU18-0006 Planning Commission Packet Attachment B SU18-0006 Planning Commission Minutes Attachment C SU18-0006 Resolution No. 18-XX Action needed: Consider motion to approve or deny. B. Consideration of Ordinance No. 18-62, RZ18-0018, requesting approval for a rezoning from M-2 to C-2 District and preliminary site development plan for Bank of Blue Valley - Olathe Branch on 0.93± acres; located at the northwest corner of the intersection of W. Santa Fe Street and N. Monroe Street. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Zach Moore Attachments: Attachment A - RZ18-0018 Planning Commission Packet Attachment B - RZ18-0018 Planning Commission Minutes Attachment C - RZ18-0018 Ordinance 18-62 Action needed: Consider motion to concur and approve (4 positive votes), deny (5 positive votes required), or return to Planning Commission. Page 7 of 9 City Council Revised Agenda December 18, 2018 C. Request for the acceptance of the dedication of land for public easements and street right-of-way for a final plat for Bank BV Olathe (FP18-0040) containing 2 commercial lots and no common tracts on 2.04± acres; located at the northwest corner of the intersection of W. Santa Fe Street and N. Monroe Street. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Zach Moore Attachments: Attachment A - FP18-0040 Planning Commission Packet Attachment B - FP18-0040 Planning Commission Minutes Action needed: Consider motion to approve or deny. D. Consideration of a Professional Services Agreement with Landworks Studio, LLC for design of the Downtown Alley Enhancements Project, PN 6-C-033-18. Staff Contact: Aimee Nassif and Emily Carrillo Attachments: Attachment A - Professional Services Agreement Attachment B - Project Location Map Attachment C - Cherry to Chestnut Map Attachment D - Kansas Ave Map Action needed: Consider motion to approve or deny. 10. NEW BUSINESS-ADMINISTRATION A. Consideration of Resolution No. 18-1119 authorizing the Fire Training Center Project, PN 6-C-004-13. Staff Contact: Mary Jaeger and Beth Wright Attachments: Attachment A Resolution 18-1119 Attachment B Project Fact Sheet Attachment C Project Location Map Attachment D Conceptual Site Plan Action needed: Consider motion approve or deny. Page 8 of 9 City Council Revised Agenda December 18, 2018 B. Consideration of Ordinance No. 18-63 which amends Ordinance No. 18-46, pertaining to the annexation at K-7 Highway and 119th Street; correcting certain errors in the legal description. Staff Contact: Daniel Yoza, Aimee Nassif and Zach Moore Attachments: Attachment A - Ordinance No 18-63 Action needed: Consider motion approve or deny. C. Consideration of Resolution 18-1120 defining the boundary adjustment for the incorporated city limits of the City of Olathe as of December 30, 2018. Staff Contact: Aimee Nassif and Daniel Fernandez Attachments: Attachment A - PLN18-0010 Resolution 18-1120 Attachment B - PLN18-0010 Boundary Map Action needed: Consider motion to approve or deny. 11. NEW CITY COUNCIL BUSINESS 12. END OF TELEVISED SESSION 13. GENERAL ISSUES AND CONCERNS OF CITIZENS 14. CONVENE FOR PLANNING SESSION Reports are prepared for informational purposes and will be accepted as presented. There will be no separate discussion unless a Councilmember requests that a report be removed and considered separately. A. DISCUSSION ITEMS 1. Update on the construction at Lake Olathe. (10 mins) Staff Contact: Michael Meadors and Michael Latka 15. ADDITIONAL ITEMS 16. ADJOURNMENT Page 9 of 9

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