City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | August 20, 2019 | 7:00 PM A reception in honor of Chief of Police, Michael Butaud, was held in the City of Governors Room from 5:30 PM - 7:00 PM. 1. CALL TO ORDER Present: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell Others in attendance were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE The pledge was led by Girl Scouts from troops 802 and 1772. 4. SPECIAL BUSINESS A. Swearing in of Michael Butaud as Chief of Police of the Olathe Police Department. Municipal Judge, Katie McElhinney, administered the oath of office to swear in Police Chief Michael Butaud. B. Recognition of Olathe high school student champions. Olathe high school students were recognized and Mayor Copeland presented each with a City of Champions plaque for their academic and athletic achievements. Tim Brady, Director of Athletics for the Olathe School district, introduced the students and staff from each school. C. Consideration of Resolution No. 19-1053 appointing a new member to the Library Advisory Board. Tom Glinstra, Library Advisory Board Chairman, introduced Library Board appointee, Arthur Chambers. Mayor Copeland presented Mr. Chambers with a certificate of appointment. Motion by Randall and seconded by Bacon to approve Resolution No. 19-1053 appointing a new member to the Library Advisory Board. The motion carried by the following vote: Page 1 of 9 City Council Meeting Minutes August 20, 2019 Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell Mayor Copeland invited Girl Scouts, Zora Osborne, Isabella Gladney and Madison Weiner from Troops 802 and 1772 to share their ideas and recommendations for addressing recycling efforts in our local parks as a part of the requirements for earning their Bronze Award. 5. CONSENT AGENDA Mayor Copeland requested item "F" be removed for seperate consideration and vote. Motion by Randall, seconded by Bacon to approve the consent agenda with the exception of item “F”. The motion carried by the following vote: Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell A. Consideration of approval of the City Council meeting minutes of July 23 and August 6, 2019. Approved B. Consideration of a new drinking establishment application for Berger Management, LLC, d/b/a Berger Concessions, located at 10537 S. Warwick Street and renewal applications for Lin & Lu Group, LLC, d/b/a Sake Restaurant, located at 11957 S. Strang Line Road and Rukma, LLC, d/b/a Rajmahal Indian Restaurant, located at 118 S. Clairborne Road. Approved C. Consideration of a private club license for the American Legion, Earl Collier Post 153, located at 410 E. Dennis. Approved D. Consideration of Travel Request Authorization for Mayor Copeland, Council Members Jim Randall, Karin Brownlee, Wes McCoy, Marge Vogt, John Bacon and City Manager, Michael Wilkes, to attend the National League of Cities City Summit Conference in San Antonio, TX November 20-23, 2019. Approved E. Consideration of authorization for City Manager, Michael Wilkes, to attend the Alliance for Innovation Board meeting, in Clearwater, FL, Sept. 11 - 13, 2019. Approved Page 2 of 9 City Council Meeting Minutes August 20, 2019 F. Consideration of Supplemental Agreement No. 1 with Shockey Consulting Services, LLC, for additional services related to strategic community visioning. Mayor Copeland expressed his appreciation for the significant work that has been accomplished thus far on the Strategic Plan and is looking forward to the final report. Motion by Randall and seconded by Bacon to approve consent item "F". The motion carried by the following vote. Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell G. Consideration of a Second Amendment to Development Agreement with Ridgeview Equities, LLC and OSC, LLC. Approved H. Consideration and approval of the 2019 Byrne Justice Assistance Grant (JAG) Program. Approved I. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for College Meadows, 5th Plat (FP19-0012), containing 7 single family lots and 1 tract on 7.19± acres; located in the vicinity of W. 113th Street and S. Crestone Street. Planning Commission approved this plat 6 to 0. Approved J. Consideration of Consent Calendar. Approved K. Consideration of a Professional Services Agreement with Bartlett & West, Inc. for design of the 175th and Lone Elm Traffic Signal Improvements Project, PN 3-TS-003-19. Approved L. Consideration of a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for preparation of the Indian Creek Sanitary Sewer Basin Hydraulic Study Project, PN 1-C-008-19. Approved M. Consideration of a Real Estate Contract between the City of Olathe, Kansas and Board of County Commissions of Johnson County, Kansas, for the sale of land for the 159th Street and Black Bob Road Improvements Project, PN 3-C-006-16 and the 159th Street and Pflumm Road Improvements Project, PN 3-C-022-18. Approved N. Consideration of an Agreement with Johnson County for construction of Page 3 of 9 City Council Meeting Minutes August 20, 2019 the Little Cedar Creek (Park to Elm) Phase 1 Stormwater Improvements Project, PN 2-C-001-14. Approved O. Consideration of Supplemental Agreement No. 1 the Kansas Department of Transportation (KDOT) for funding additional design services for the Mahaffie Circle Improvements Project, PN 3-C-107-17. Approved P. Consideration of renewal of contract to Updike Paving Corporation for asphalt trail repairs for the Parks and Recreation Department. Approved Q. Acceptance of bids and consideration of award of contracts to Summit Truck Group and American Equipment Co. for the replacement of a cab & chassis and replacement and installation of a vehicle body for 2019 City’s fleet. Approved R. Consideration of renewal of contract to CarterEnergy Corporation, a division of World Fuel Services, Inc. for the estimated annual requirements for fuel. Approved S. Consideration of award of contracts to O'Reilly Auto Parts, Advance Auto Parts and Genuine Parts Company d/b/a NAPA Auto Parts for the purchase of automotive parts and supplies for the Vehicle Maintenance Section of Public Works. Approved T. Consideration of approval of Neighborhood Revitalization Program application for 313 N. Chestnut Street. Approved 6. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 19-49 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Village Centre Annex, L.L.C., et al., Case No. 19CV00150 for the 151st and Ridgeview Geometric Improvements Project, PN 3-C-112-17. Motion by Randall and seconded by Bacon to approve Ordinance No. 19-49 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Village Centre Annex, L.L.C., et al., Case No. 19CV00150 for the 151st and Ridgeview Geometric Improvements Project, PN 3-C-112-17. The motion carried by the folloing vote: Page 4 of 9 City Council Meeting Minutes August 20, 2019 Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell B. Consideration of Ordinance No. 19-50, RZ19-0006, requesting approval for a rezoning from CTY PEC-3 and M-2 to C-3 and M-2 Districts and preliminary development plan for Builders Stone on 17.34± acres; located west of Kansas City Road and north of 119th Street. Planning Commission recommends denial 7-0. Action Needed: Motion to concur and deny (4 positive votes), approve the zoning application (5 positive votes required), or return to Planning Commission The Applicant asked that Ordinance No. 19-50, rezoning request, RZ19-0009, be continued and moved to a future Council agenda. C. Consideration of Ordinance No. 19-51 (ANX19-0003) annexing approximately 9.92± acres into the corporate boundaries of the City of Olathe. Motion by Randall, seconded by Bacon to approve Ordinance No. 19-51 (ANX19-0003) annexing approximately 9.92± acres into the corporate boundaries of the City of Olathe. The Motion carried by the following vote: Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell 7. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 19-52 adopting the 2020 City of Olathe Budget. Motion by Randall, seconded by Bacon to approve Ordinance No. 19-52 adopting the 2020 City of Olathe Budget. The motion carreid by the following vote: Yes: Bacon, Brownlee, Randall, McCoy, Vogt, and Copeland Absent: Campbell 8. NEW CITY COUNCIL BUSINESS Councilmemeber McCoy noted that there had been a lot of really good things happening in our community recently, such as the new Soccer Park opening, Lake Olathe, and the new courthouse. He also mentioned there were some unpleasant disagreements that has caused him concern. Councilmember Vogt congratulated Chief Butaud. She also thanked Olathe citizens for their ideas and input that contributed to the Olathe 2040 Strategic Page 5 of 9 City Council Meeting Minutes August 20, 2019 Plan. Councilmember Randall shared about a family in his neighborhood who was giving out donuts on the day before school started to remind motorist "Do-Nut Drive Fast" bringing attention to the many students who would once again be walking to school. Councilmembers Bacon and Brownlee both congratulated Chief Butaud. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Mayor Copeland invited Brett Hoedl to speak in response to Councilmember McCoy's comments. Brett shared his thoughts. Kate and Jak Guimbellot, 11236 S. Race Street, spoke in support of a non-discrimination ordinance. Cate Eighmey, 2311 W. Trail Drive, spoke in support of a non-discrimination ordinance. Andrew Ost, 26300 W. 111th Terrace, spoke in support of a non-discrimination ordinance. Brandon Frick, 15240 S. Mullen Street, spoke in support of a non-discrimination ordinance. Chandra Blackwell, 16632 W. 146th Terrace, spoke in support of a non-discrimination ordinance. Matt Tschirhart, 16632 W. 146th Terrace, spoke in support of a non-discrimination ordinance. Susan Melsa, 11688 S. Marion Street, spoke in support of a non-discrimination ordinance. Rosemary Bowden, 1717 E. Sleepy Hollow Drive, spoke in opposition of a non-discrimination ordinance. Page 6 of 9 City Council Meeting Minutes August 20, 2019 BJ Weil, 1334 Anne Shirley Drive, spoke in opposition of a non-discrimination ordinance. Shabina Kavimandan, 14810 W. 140th Terrace, spoke in support of a non-discrimination ordinance. Robynn Andracsek, 11526 S. Roundtree Street, spoke in support of a non-discrimination ordinance. Angie Powers, 1721 W. Spruce, spoke in support of a non-discrimination ordinance. Larry Jansen, 219 S. Pine Street, spoke in opposition of a non-discrimination ordinance. Carolyn Finken-Dove, 610 N. Persimmon Drive, spoke in support of a non-discrimination ordinance. Cassandra Woolworth, 306 N. Pinon Street, spoke in support of a non-discrimination ordinance. Scott Harvey, 123 N. Emma Street, spoke in support of a non-discrimination ordinance. Greg Cromer 7527 W. 140th Street, Overland Park, spoke in opposition of a non-discrimination ordinance. Veronica Malone, 14405 S. Lucille Court, spoke in support of a non-discrimination ordinance. Cassandra Peters, 1105 N. Walker Lane, spoke in support of a non-discrimination ordinance. Mike Bickley, 13700 W. 157th Street, spoke in opposition of a non-discrimination ordinance. Page 7 of 9 City Council Meeting Minutes August 20, 2019 11. CONVENE FOR PLANNING SESSION A. DISCUSSION ITEMS 1. Discussion regarding proposed amendments to Chapters 18.20, 18.30, 18.40, 18.50, 18.90, and 18.94 of the Unified Development Ordinance (UDO19-0003A). (20 min) Aimee Nassif, Chief Planning Officer, gave a presentation on the proposed UDO changes and updates to make it more readable, searchable, uniform and to clarify wording. Ms. Nassif answered questions from the council. Councilmember Bacon asked if they could have four weeks instead of the traditional two, before bringing this back to allow plenty of time for the Council to review the changes. 2. Parks and Recreation Activites and Initiatives. (15 min) Brad Clay, Parks & Rec Deputy Director, presented the Parks & Rec activities and initiatives. 12. ADDITIONAL ITEMS Councilmember McCoy thanked Parks & Rec Deputy Director, Brad Clay, for a great presentation and mentioned the impressive job at Olathe Lake. Councilmember Brownlee expressed concern that the public comment time was not effective in the current format. She indicated she would like to find a way to resolve this issue and to have a more respectful atmosphere. Both Councilmember Randall and Councilmember Vogt mentioned they were not planning to be here for the September 3rd council meeting due to the holiday. 13. ADJOURNMENT The meeting adjourned at 8:52 p.m. Page 8 of 9 City Council Meeting Minutes August 20, 2019 Brenda D. Long Assistant City Clerk Page 9 of 9