City Council
Regular MeetingOlathe, KS · December 18, 2018
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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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
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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
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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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