City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 7, 2020 | 5:30 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland Others in attendance were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the City Manager. (City Council) Motion by Bacon, seconded by Vogt, 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 evaluation of the City Manager for 87 minutes. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland B. For preliminary discussions related to acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Ridgeview, 143rd to 151st, Improvements Project, PN 3-C-058-19. Motion by Bacon, seconded by Vogt, to recess into executive session for preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Ridgeview Road, 143rd Street to 151st Street Improvements Project, PN 3-C-058-19 for 87 minutes. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 3. RECONVENE FROM EXECUTIVE SESSION Mayor Copeland said they would reconvene the executive session at the end of the meeting. 4. BEGIN TELEVISED SESSION – 7:00 P. M. Page 1 of 8 City Council Meeting Minutes July 7, 2020 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Proclamation designating July as National Parks and Recreation Month. Mayor ProTem, John Bacon, presented the proclamation to Recreation Communications Specialist, Adrienne Lund. Ms. Lund thanked the council members for their on-going support of the Parks and Recreation department. Mayor Copeland left the meeting at 7:05 P.M. B. General Overview of the 2021 Proposed Budget. City Manager, Michael Wilkes, gave an overview of the proposed 2021 budget. Mr. Wilkes mentioned that this budget proposal is only for one year due to current circumstances. Mayor Pro Tem, John Bacon, reiterated that the Council invites citizen comments and input and said there was still time should anyone want to share their thoughts. 7. CONSENT AGENDA Motion by Vogt, seconded by Campbell, to approve the consent agenda. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland A. Consideration of approval of the City Council meeting minutes of June 16, 2020. Approved B. Consideration of a pawnbroker/precious metal dealer license application for The Keil Group, LLC, d/b/a Alpha Pawn, located at 115 S. Clairborne Rd. Suite F. Approved C. Consideration and Approval of 2021 Community Development Block Grant (CDBG) funding recommendations. Approved D. Consideration of the 2020 Sub Recipient Agreements for Olathe’s Community Development Block Grant (CDBG) projects. Page 2 of 8 City Council Meeting Minutes July 7, 2020 Approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of the Villas at Hidden Lake, First Plat (FP20-0008) containing forty-seven (47) lots and two (2) common tracts on 19.78± acres; located southeast of S. Bluestem Parkway and 107th Street. Planning Commission approved the plat 5 to 0. Approved F. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat of Cedar Ridge Reserve, Third Plat (FP20-0009) containing fourteen (14) lots and one (1) common tract on 6.14± acres; located northwest of College Boulevard and Woodland Road. Planning Commission approved the plat 5 to 0. Approved G. Consideration of Consent Calendar. Approved H. Consideration of Grant Agreement under the Fiscal Year 2019 BUILD Transportation Grants Program (BUILD) between the City of Olathe and the United States Department of Transportation (USDOT) for the construction and construction engineering of the I-35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16. Approved I. Consideration of renewal of contract with Constellation NewEnergy - Gas Division, LLC for natural gas. Approved J. Consideration of acceptance of contract with Central Salt, LLC for the purchase of rock salt for snow and ice removal for the Public Works Department. Approved K. Consideration of renewal of contract with Five-Star Trucking, LLC for the rental of tandem trucks with operators for the Field Operations Division of Public Works. Approved L. Acceptance of bids and consideration of award of contracts to Mayer Equipment & Supply, LLC. for the replacement of one (1) sewer truck for Public Works. Approved 8. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 20-24, RZ20-0004, Requesting Page 3 of 8 City Council Meeting Minutes July 7, 2020 approval of a rezoning from CTY RUR (County Rural) to M-2 (General Industrial) District and preliminary site development plan for K-9 Acres on 9.7± acres; located at 16129 Lone Elm Road. Planning Commission recommends approval 9 to 0. Senior Planner, Jessica Schuller, gave a short presentation. Councilmember McCoy asked for clarification on the location. He also asked when they could expect the construction to begin. Ms. Schuller asked the applicant, Judd Claussen to answer Mr. McCoy's question. He said they would begin very quickly with the renovation of the current building and are in the design phase of the new building. Mr. McCoy asked if this is a new or existing business in Olathe. Motion by Vogt, seconded by McCoy to approve Ordinance No. 20-24. The motion carried by the following vote. Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland B. Consideration of Resolution 20-1047, SU20-0001, requesting approval of a special use permit for Animal Care - Indoor or Outdoor Kennel on 9.7± acres; located at 16129 Lone Elm Road. Planning Commission recommends approval 9 to 0. Senior Planner, Jessica Schuller, gave a short presentation. Councilmember Mickelson asked how long this special use permit would be. Ms. Shuller said it would be for 10 years. He also asked about the maximum number of dogs allowed on the site and Ms. Schuller said there was no stipulation on number but the business plan called for a 1 - 15 employee to dog ratio. Councilmember Vogt asked what the typical length of time for this type of business has been in the past and Ms. Schuller said for a kennel this size 10 years is typical. Councilmember Campbell asked about what happens in the future if this business leaves this location. He wanted to confirm that the Page 4 of 8 City Council Meeting Minutes July 7, 2020 zoning stays with the property but the special use permit would not if the business closed. Ms. Schuller confirmed that is correct. Councilmember Mickelson again asked about history of this business in Olathe. David Caton, with KC Elite Dog Training, shared more about the plan for K-9 Acres and his experience with dog training and kennels. Motion by Vigt, seconded by McCoy to approve Resolution No. 20-1047. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland 9. NEW BUSINESS-ADMINISTRATION A. Consideration of Resolution No 20-1048 assigning the master resolution, lease agreement and related bond documents by BR Capital, LLC in connection with $5,000,000 in industrial revenue bonds to Foley Industries, Inc. Motion by Vogt, seconded by Campbell, to approve Resolution No. 20-1048. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland 10. NEW CITY COUNCIL BUSINESS Councilmember Campbell said he had received a text from a citizen asking about the census and he shared that Olathe has had approximately a 75% response rate and said he appreciated that Olathe citizens are engaged. Councilmember McCoy gave kudos to the City's Parks and Recreation department for continuing with fireworks and providing other outside activities during this difficult time. 11. END OF TELEVISED SESSION 12. GENERAL ISSUES AND CONCERNS OF CITIZENS Katie Merrill, 22091 W. 122nd Street, Olathe, 66061, called for racial equality in the police department. Page 5 of 8 City Council Meeting Minutes July 7, 2020 Wendolyn Crease, 8500 Pflumm Road, Lenexa, 66215, called for racial equality in the police department. Jacqueline Kendricks, 16900 W. 127th Street, Olathe, 66062, called for racial equality in the police department. 13. 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. REPORTS 1. Report on general issues or concerns portion of City Council Policy CC-3 regarding Time Allocations and Rules of Conduct for Speakers at Public Meetings of the Olathe City Council. Councilmember Brownlee asked about how to enforce the time limit on speakers. Mayor Pro Tem Bacon said he had mentioned the time limit at the beginning and acknowledged that it was important to respect the time limit. He said there are lights on the podium to warn the speaker of the time. He asked staff to address this concern and provide suggestions. Mayor Pro Tem Bacon also said Police Chief Butaud would be happy to meet with any citizen who had concerns about the police department. 2. Report on the authorization of the Police Building Expansion Phase II Project, PN 6-C-010-20. Report accepted. B. DISCUSSION ITEMS 1. General Overview of the proposed 2021 Recreation Fund, Park Sales Tax Fund and Street Maintenance Sales Tax Fund budgets, 2021-2025 CIP for the Park Sales Tax Fund and 2021 Recreation Fund fees. Budget and Performance Services Officer, Sarah Doherty, gave the budget presentation. 14. EXECUTIVE SESSION Page 6 of 8 City Council Meeting Minutes July 7, 2020 Motion by Campbell, seconded by Vogt to reconvene the executive session for 15 minutes as stated earlier. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland 15. RECONVENE FROM EXECUTIVE SESSION For Executive Session item A, Mayor Pro Tem Bacon said the Council is very pleased with the performance of City Manager, Michael Wilkes, and they appreciate his talents and leadership in guiding Olathe. For Executive Session Item B, motion by Vogt, seconded by Campbell, to authorize staff to acquire the necessary real property and easements to construct the Ridgeview Road, 143rd Street to 151st Street Improvements Project, PN 3-C-058-19, as directed by the Governing Body. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Copeland 16. ADDITIONAL ITEMS Councilmember Brownlee said she appreciated the comments from citizens and asked staff for some follow up to better understand. She said she had learned a lot from citizens' questions and concerns but would like to know more. Councilmember Campbell said he is proud of what the City of Olathe does and he recently learned the Citizen Police Advisory Council reviews every complaint regarding police conduct. Mayor Pro Tem Bacon said he would like to have some follow up with the citizens who spoke and Assistant City Manager, Susan Sherman, said Deputy Chief Jack Fahrnow had spoken with each of the speakers and would be following up with them. Mayor Pro Tem Bacon suggested staff could provide a presentation at a future meeting. Councilmember Campbell said this could be a beginning but he wanted to make Page 7 of 8 City Council Meeting Minutes July 7, 2020 sure that the police department knows they are fully supported by the Council. 17. ADJOURNMENT The meeting was adjourned at 9:54 p.m. Brenda D. Long City Clerk Page 8 of 8