City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 1, 2020 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Others in attendance were City Manager Michael Wilkes, Assistant City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. INVOCATION Pastor Enrique Uria of Hope Chapel gave the invocation. 5. TRIBUTE TO MAYOR COPELAND Mayor Bacon and each Councilmember shared remembrances of Mayor Copeland and a short video tribute was presented. 6. INSTALLATION OF MAYOR AND MAYOR PRO TEM: Judge Katie McElhinney A. Installation of Mayor City Clerk, Brenda Long, introduced Municipal Court Judge Katie McElhinney, who administered the oath of office for Mayor Bacon. Mayor Bacon introduced family members who were in attendance. B. Election of Mayor Pro Tem Motion by Bacon, seconded by Vogt, to elect Councilmember Larry Campbell as Mayor Pro Tem. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt C. Installation of Mayor Pro Tem Judge McElhinney administered the oath of office for Mayor Pro Tem Campbell. Page 1 of 7 City Council Meeting Minutes September 1, 2020 7. BENEDICTION The benediction was given by Pastor Daniel Vanderpool, of College Church of the Nazarene. 8. SPECIAL BUSINESS A. Proclamation recognizing September as Deaf Cultural Month. Mayor Bacon read and presented the proclamation to Larry Finn, Curriculum Coordinator, with the Kansas School for the Deaf. B. Proclamation recognizing Sept. 15 - Oct. 15 as Hispanic Heritage Month. Mayor Bacon read and presented the proclamation to Pastor Enrique Uria. Pastor Uria presented the Mayor with a gift basket. 9. CONSENT AGENDA Councilmember Mickelson asked that item K be removed from the consent agenda for separate consideration. Councilmember Vogt asked that items C and I be removed from the consent agenda for separate consideration. Motion by Campbell, seconded by Vogt, to approve the consent agenda with the exceptions of items C, I and K. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt A. Consideration of approval of the City Council meeting minutes of August 18, 2020. Approved B. Declare Neighborhood Stabilization Program rental house at 110. S. Chambery Drive as surplus real property and approve of the sale to existing tenant. Approved C. Consideration of Resolution No. 20-1058 allowing the hunting of deer with bow and arrow for the 2020-2021 season as part of Olathe’s Urban Deer Management Program. Councilmember Vogt said she pulled this item so it could be considered separately. Motion by Campbell, seconded by Brownlee, to approve resolution 20-1058. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, and Bacon Page 2 of 7 City Council Meeting Minutes September 1, 2020 No: Vogt Abstain: McCoy D. Request for the acceptance of the dedication of land for public easements and public street right-of-way for Prairie Farms XIII containing seventeen (17) lots and three (3) common tracts on approximately 7.14 acres; located in the vicinity of 135th Street and Persimmon Drive. Planning Commission approved the plat 7 to 0. Approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Stonebridge Pointe, Second Plat (FP20-0017) containing 29 residential lots on 9.51± acres; located northeast of the intersection of Lindenwood Drive and 165th Street. Planning Commission approved this plat 7-0. Approved F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Willow Crossing Fifth Plat (FP20-0018) containing 25 residential lots and four common tracts on approximately 18.75 acres; located southeast of the intersection of 143rd Street and Pflumm Road. Planning Commission approved this plat 7-0. Approved G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for Woodland Hills, Third Plat containing thirty-two (32) lots and three (3) common tracts on approximately 9.3 acres; located in the vicinity of 115th Terrace and Woodland Road. Planning Commission approved the plat 7 to 0. Approved H. Consideration of Consent Calendar. Approved I. Consideration of Supplemental Agreement No. 5 with HNTB Corporation for construction inspection and construction assistance for the I-35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16. Councilmember Vogt asked that item I be pulled to provide an opportunity for the public to hear a little about this project. Public Works Director, Mary Jaeger, gave a short overview of the project and outlined how the community would be kept informed of the progress and detours during construction. Motion by Vogt, seconded by Campbell, to approve consent item I. The Page 3 of 7 City Council Meeting Minutes September 1, 2020 motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt J. Acceptance of proposals and consideration of award to Heartland Electric Corporation for data network cabling services and equipment for the City. Approved K. Acceptance of bid and consideration of award of contract to TT Technologies, Inc. for the rental of Static Pipe Bursting equipment for the Field Operations Division of Public Works. Councilmember Mickelson asked for item K to be removed from the consent agenda for separate consideration. He asked that the item be tabled for two weeks to allow staff to provide answers to additional questions he had regarding this contract. Motion by Mickelson, seconded by Vogt, to table item K for two weeks. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt L. Acceptance of bids and consideration of award to Elliott Equipment Company for the purchase of a work ready bulk grapple truck for the Solid Waste Division of Public Works. Approved 10. NEW CITY COUNCIL BUSINESS Councilmember Vogt said her support is with Mayor Bacon and Mayor Pro Tem Campbell and she is looking forward to moving forward. Councilmember McCoy said he wanted to point out savings that had been realized because staff has worked at getting the best bids for projects. Councilmember Mickelson said he was looking forward to working with Mayor Bacon. Mayor Bacon said there is now a vacancy on the council and he would be appointing a committee to make a recommendation to fill that seat. Mayor Bacon said Santa Fe is coming along very nicely and said he believed Mike would be pleased. Page 4 of 7 City Council Meeting Minutes September 1, 2020 11. END OF TELEVISED SESSION 12. GENERAL ISSUES AND CONCERNS OF CITIZENS None 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. DISCUSSION ITEMS 1. Discussion regarding proposed amendments to Title 18 Unified Development Code regarding Residential Special Use Permit for the Keeping of Chickens. (10 min) Chief Planning and Development Officer, Aimee Nassif, gave a presentation regarding proposed amendments to Title 18 Unified Development Code in regards to keeping chickens. Councilmember Mickelson asked about the use of chicken tractors to allow a chicken coop to be easily moved. He said he would like to have that addressed and didn't think it was clear if they would be allowed or not. Councilmember Vogt asked if the amendments would limit the number of chickens allowed. Ms. Nassif said the number would be in line with best practices. Ms. Vogt said she wanted to make sure that was addressed. She also asked about keeping rabbits and Ms. Nassif said that these amendments would be for a small animal permit that would include rabbits. Ms. Vogt asked if goats would be allowed and Ms. Nassif said no, they would continue to be categorized as farm animals. Councilmember Vogt then asked about fostering dogs. Ms. Nassif said that to foster dogs and have more than four at a time, would require a special use permit. Ms. Vogt asked if this Page 5 of 7 City Council Meeting Minutes September 1, 2020 was something else that needed to be looked at and Ms. Nassif said she would be happy to provide information to the Council regarding this. Councilmember Campbell asked about the neighbor notifications and wondered if the neighbors had the ability to veto someone getting the permit to keep chickens. Ms. Nassif said the letter was for notification purposes only. Mr. Campbell asked if we had adequate ordinances to address potential smell and noise pollution and if so, he felt the notification letters were unnecessary. Councilmember McCoy said he believed these proposed amendments were good. He also pointed out that a home owners association rules could override and prevent someone from keeping chickens. Mayor Bacon said he was in favor of limiting the number of chickens allowed and also favored not requiring a notification letter. 14. ADDITIONAL ITEMS Councilmember McCoy welcomed Mayor Bacon and Mayor Pro Tem Campbell to their new positions. He acknowledged the sadness at losing Mayor Copeland but recognized the depth of leadership represented on the Council. Councilmember Vogt thanked staff for their contributions to Mayor Copeland's memorial service and making it a beautiful day. She also asked about the status of the Housing Study. Chief Planning and Development Officer, Aimee Nassif, said a draft of the Johnson County study should be ready soon. Ms. Vogt confirmed that the County's study would provide break out information specific to Olathe. Ms. Nassif said there had been a great response from Olathe residents. Councilmember Campbell told Mayor Bacon he fully supported him in his new role and has confidence in his leadership. Page 6 of 7 City Council Meeting Minutes September 1, 2020 Councilmember Brownlee thanked Ms. Nassif for the information on the Special Use Permit. Mayor Bacon thanked staff for their participation with Mayor Copeland's memorial service. 15. ADJOURNMENT The meeting was adjourned at 8:14 p.m. Brenda D. Long City Clerk Page 7 of 7