City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | November 17, 2020 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore The City Clerk called roll and all members of the City Council were present. Mayor Bacon, Councilmembers Mickelson, Brownlee, Vogt, McCoy and Gilmore were present in the Council Chamber. Councilmember Campbell attended virtually. Also in attendance was 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. SPECIAL BUSINESS A. Proclamation recognizing November 28, 2020 as Small Business Saturday. Mayor Bacon introduced Casey Wilhm, Vice President for Business Development, with the Olathe Chamber of Commerce. Mr. Wilhm introduced Hannah Greer and Stu Stern, with Junque Drawer Studio and Boutique. Mayor Bacon read and presented the Small Business Saturday proclamation to them. Ms. Greer thanked the City for their support of small businesses. 5. CONSENT AGENDA Motion by Campbell, seconded by Vogt, to approve the Consent Agenda. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore A. Consideration of approval of the City Council meeting minutes of November 3, 2020. Approved Page 1 of 12 City Council Meeting Minutes November 17, 2020 B. Consideration of drinking establishment renewal applications for Paceline KC, LLC, d/b/a MOD Pizza and Jose Peppers Grill, Inc. Approved C. Consideration of cereal malt beverage license applications for calendar year 2021. Approved D. Consideration of the 2021 Human Service Fund Allocations. Approved E. Consideration of the 2021 Alcohol Tax Fund Allocations. Approved F. Request for the acceptance of the dedication of land for public right-of-way and public easements for a final plat for BSM Business Center (FP20-0001) containing three (3) commercial lots and one (1) tract on 17.35± acres; located along the west side of S. Kansas City Road, north of its intersection with 119th Street. Planning Commission approved this plat 6-0. Approved G. Consideration of Consent Calendar. Approved H. Consideration of Amendment No. 1 with Crossland Heavy Contractors, Inc. for construction of the Vertical Well Field Improvements Project, PN 5-C-031-18. Approved 6. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 20-38, RZ20-0003, requesting approval of a rezoning from the M-2 (General Industrial) District and C-2 (Community Center) District to M-1 (Light Industrial) District and a Preliminary Site Development Plan for Southpark Phase II on approximately 34.02 acres; located south of W. Old 56 Highway and west of S. Fountain Drive. Planning Commission recommends approval 6 to 0. Senior Planner, Jessica Schuler, gave a short presentation providing an overview of the proposed project and the requested rezoning. Councilmember Mickelson asked about the requirements for stormwater and Ms. Schuler said they would be required to handle the stormwater on their site. Councilmember Brownlee asked about the area being used as Page 2 of 12 City Council Meeting Minutes November 17, 2020 mixed density residential and Ms. Schuler said this development could provide a nice transition. Ms. Brownlee also asked for clarification on where the residential area is located in relation to the proposed development and Ms. Schuler identified it on the map. Councilmember McCoy asked where this was located in relation to the former mall area and Ms. Schuler identified the location. Judd Claussen, with Phelps Engineering, gave a short presentation on behalf of the applicant. Councilmember Mickelson asked about the strip of trees that would be removed and Mr. Claussen clarified which ones needed to be taken out. Mr. Mickelson also asked if there would be any stormwater impact on the railroad and Mr. Claussen said there would not be. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-38. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of RZ20-0007, requesting approval of a rezoning from the CTY RUR (County Rural) District to the R-3 (Low-Density Multifamily), C-1 (Neighborhood Center) and C-2 (Community Center) Districts for Woodland Forest on approximately 53.25 acres; located southeast of K-10 Highway and Woodland Road. Planning Commission recommends denial 5-0. Senior Planner, Kim Hollingsworth, gave a presentation regarding the proposed project. Councilmember Mickelson asked what specific criteria was not met for the Planning Commission to recommend denial. Ms. Hollingsworth pointed out the specifics. Curtis Peterson with Polsinelli represented the applicant and gave a presentation. Daryl Evers, 19715 W. 105th Street, spoke in opposition to the development on behalf of the Eaglecrest neighborhood. Page 3 of 12 City Council Meeting Minutes November 17, 2020 Councilmember Vogt asked what development would be acceptable and Mr. Evers said they would like to see villas, or maybe senior living that would have less traffic. Ryan Richey, 10674 S. Emerald Street, spoke in opposition to the development on behalf of the Ravencrest neighborhood. Councilmember Vogt asked Mr. Richey what development would be acceptable and he said he was agreeable to villas and senior living but no convenience store. Councilmember Mickelson asked if the major concerns for the residents were traffic and density and Mr. Richey said that was correct. Paul Parsons, 19900 W. 105th Street, spoke in opposition to the development on behalf of the Millcreek Farms neighborhood. Councilmember Bacon asked about the traffic counts and if the proposed fire gate would force traffic to a different exit and Mr. Peterson said that was correct. Councilmember Mickelson asked if less dense types of multi-family housing had been considered and Mr. Peterson said others had been considered. Mr. Mickelson asked if some type of condo had been considered and Mr. Peterson said this area is not a condo market. Councilmember Mickelson asked what makes the proposed development qualify as luxury and Mr. Peterson described some of the amenities. Councilmember Brownlee asked what other apartment living in Olathe was comparable and Mr. Peterson mentioned some at 119th and Ridgeview. Councilmember Brownlee asked about a guarantee given regarding the proposed development area and City Attorney, Ron Shaver, said Page 4 of 12 City Council Meeting Minutes November 17, 2020 she was referring to a letter when the area was annexed. He said there was no guarantee given. Ms. Brownlee asked if it was wise to think of single family homes going in that close to the highway. Councilmember Vogt asked if commercial development at this location was essential. Mr. Peterson said they thought commercial would be ok, but would be glad to continue that conversation. Councilmember McCoy said he was concerned about the commercial as well but thought a workable solution could be found. Councilmember Gilmore asked if there were other locations in the City where commercial flowed directly to single family. Councilmember Mickelson asked additional questions about the traffic flow and Mr. Peterson explained more about the traffic study that was completed. Councilmember Mickelson asked what the applicant would be willing to compromise on and Mr. Peterson said perhaps there could be some changes to the proposed commercial development. Councilmember Brownlee asked if single or multi family generated more traffic and Mr. Peterson said single family actually generated more traffic. Councilmember Vogt asked why the applicant was asking that the project go back to staff and not the Planning Commission if the Council did not approve it. Mr. Peterson said they believed they were close and would rather go back to staff to work out the details. Councilmember Vogt said she had forgotten about the annexation commitment made to the community and asked again about what promises were made. City Attorney, Ron Shaver said there was a letter sent but no guarantees were made. Councilmember Vogt said it was helpful to remember the agreements that were made. Page 5 of 12 City Council Meeting Minutes November 17, 2020 Councilmember Vogt asked again about the traffic study. Chet Belcher, Transportation Manager, provided more details about the traffic in the area. Mayor Bacon asked about a traffic signal at 105th street and Mr. Belcher said it would be paid for by the developer. Councilmember Mickelson asked if staff agreed with the traffic counts provided by the developer and Mr. Belcher said they did. Mayor Bacon asked about truck traffic and Mr. Belcher said trucks would have to go North, back to K-10. Councilmember Gilmore asked how this limitation would be enforced and Mr. Belcher said it is enforced by the Police Department. Councilmember Campbell said he is concerned about the traffic study being completed in the middle of COVID and wondered if that had an effect on the current traffic flow. He said he personally could not vote for approval. Mayor Bacon asked how much commercial would be considered too much. Councilmember Vogt asked if they should send it back to staff for review or back to the Planning Commission. Planning Director, Aimee Nassif, explained the process of sending it back to the Planning Commission. Councilmember Vogt said she believed the project needed more than slight adjustments. City Attorney, Ron Shaver, said the applicant could come back immediately with substantial changes and there would be no delay. Page 6 of 12 City Council Meeting Minutes November 17, 2020 Mayor Bacon said he was ok with allowing the applicant to meet with staff for a period of time. Councilmember Brownlee said she was prepared to make a motion to deny. Councilmember Gilmore said it was clear that the current project is not acceptable but he knows this is a great developer in the area and encouraged both sides to work together to find a workable solution. Councilmember Vogt asked about public input and Ms. Nassif said that a denial would start the process over again and there would be public hearings scheduled to again allow for public input. Councilmember Mickelson said he didn't believe the current plan fit, but believed there was a way to find a workable compromise. Mayor Bacon asked what was the best way to move forward and Ms. Nassif said a denial would be the best. Motion by Brownlee, seconded by Vogt, to deny RZ20-0007 without prejudice. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore C. Consideration of Resolution No. 20-1071 authorizing a survey and description of land or interest to be condemned for the Upper Cedar Creek, 169 Hwy to Mahaffie, Stormwater Improvements Project, PN 2-C-013-19. Councilmember Brownlee asked about the initial development of this area and Public Works Deputy Director, Beth Wright, said it was developed prior to current standards. Ms. Brownlee asked if it was necessary to go through the eminent domain process and Ms. Wright said there are current negotiations underway to address the property owners concerns. Motion by Campbell, seconded by Vogt, to approve Resolution No. 20-1071. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Ordinance No. 20-39 approving an engineer’s survey Page 7 of 12 City Council Meeting Minutes November 17, 2020 and authorizing the acquisition of land for the Upper Cedar Creek, 169 Hwy to Mahaffie, Stormwater Improvements Project, PN 2-C-013-19. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-39. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 7. NEW CITY COUNCIL BUSINESS Councilmember McCoy thanked staff for Santa Fe and Ridgeview being opened. He said it is looks and drives nice. Councilmember Vogt said Santa Fe and Ridgeview was on her list as well and said it was a very smooth ride. She said it had been painful while under construction but it is worth it. She also pointed out that the work on 119th street was going to be painful but she knew it would also be worth it when completed. She said there is lots to be grateful for and wished everyone a Happy Thanksgiving. Councilmember Brownlee mentioned that the County had passed a new health order but had not finalized the penalty for violations. She said she believed we should be finding ways to educate and not penalize. Mayor Bacon asked staff if the City will have input regarding the County's order. City Manager, Michael Wilkes, said there is a hearing scheduled. He said there was a meeting of area City Managers and while he was unable to attend, he expected to receive a draft and would forward it to the Council. He said he did not know where this would land. Mayor Bacon said he agreed with Councilmember Brownlee and he would like to continue with education and not penalize people. Mr. Wilkes said this is what had been communicated last week. Councilmember Gilmore thanked staff for being so responsive to all his questions. Councilmember Campbell said he was finishing a time of isolation and expressed his regrets for not being able to attend council meeting in person. Page 8 of 12 City Council Meeting Minutes November 17, 2020 Mayor Bacon added his gratitude for Santa Fe and Ridgeview being opened. He also wished everyone a Happy Thanksgiving. He shared that the Mayor's Children's Fund was almost halfway to their $150,000 goal and invited anyone who wanted to contribute to access OlatheCares.org. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS None 10 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 regarding Proposed Amendments to Chapters 18.30 and 18.50 of the Unified Development Ordinance (UDO20-0001). Planning Commission recommends approval 6-0. Report Accepted 2. Report on agreements for the design and construction management for the Downtown Library project, PN 6-C-020-20. Councilmember Brownlee asked about the conceptual drawing of the event space. She expressed concerns about replacing a privately owned theater with a publicly owned space. City Manager, Michael Wilkes, explained the concept was to provide a space that could have multiple uses, not just a theater. He said the Council would be receiving a visual preference survey sometime next week and their responses would help with the ultimate design. He said there would be a workshop on December 15th regarding the design of the library. Bacon asked if this agreement was just getting contracts in place and Mr. Wilkes said it was. Councilmember Mickelson asked if the event space Ms. Page 9 of 12 City Council Meeting Minutes November 17, 2020 Brownlee had referenced was like the Black Box at Olathe West High School. Mr. Wilkes said it was more of an open space that could have multiple uses. Mayor Bacon asked if they would be able to have additional input at the workshop on December 15th and Mr. Wilkes said yes. B. DISCUSSION ITEMS 1. Discussion of proposed ordinance amending Section 10.01.114.4 of the Olathe Municipal Code pertaining to driving golf carts on public streets. (10 min) Deputy City Attorney, Chris Grunewald, gave a short presentation on the proposed ordinance pertaining to driving golf carts on public streets. Mayor Bacon asked for clarification regarding surrounding communities and their speed limits. Mr. Grunewald explained that the 30 mile an hour streets are in fact residential. Mayor Bacon also asked about the width of the streets. Councilmember Vogt also expressed concerns about the 30 mile per hour streets and wondered if they were acting as arterials. Mr. Grunewald said they serve a function and are considered collectors. Ms. Vogt asked about moving to allowing golf carts 24 hours a day instead of a limited time frame. Mr. Grunewald said they were just modeling off of Lenexa's ordinance. Ms. Vogt asked about the Springhill specifications and Mr. Grunewald said they would look it up. Ms. Vogt wanted to know if there was safety data to base her decision on. Mr. Grunewald said they had done research, but did not find specific safety data that addressed this specific question. Mr. Grunewald also said Springhill's ordinance says "sunrise to sunset unless equipped with lights." Councilmember Brownlee asked if the Police Department had a preference on the speed limit being 25 vs. 30. Police Chief Mike Butaud, said they are fine with the 30 miles per hour street as lots of neighborhoods have pools that are on a 30 Page 10 of 12 City Council Meeting Minutes November 17, 2020 mph street. Ms. Brownlee asked if consideration had been given to posting signs alerting drivers of golf carts or if they were needed due to the comprehensive nature of the ordinance. City Attorney, Ron Shaver, said they had written the ordinance with recommendations from the Council and also addressed the need to allow them on 30 mph street. Councilmember Gilmore said he thought it was a fair proposal and wondered if it were appropriate to have it expire and revisit the issue in a year. Mr. Grunewald said they generally do not add sunset provisions but could certainly provide a report to the Council at a specified time. Mayor Bacon asked about proof of insurance in the event a golf cart driver was stopped and Mr. Grunewald said there would be standard enforcement. Mr. Bacon said he thought it should be dawn to dusk unless they have lights and they have to obey all traffic laws. He also expressed concern for drivers who were behind a slow moving golf cart and wondered if they could pass on a collector street. Chief Butaud said he believed they could but would find out for sure. Mr. Bacon said he was sure no open containers would be allowed and Chief Butaud said no. 2. 2021 Proposed State Legislative Agenda. (10 min.) Communications and Customer Service Director, Tim Danneberg, gave a short overview of the 2021 Legislative Agenda. Councilmember Brownlee asked about internet sales tax and Natalie Bright, with Bright and Carpenter Consulting, said there is a portion that goes to the City. City Manager, Michael Wilkes, said he would provide the specific data to the council. Mayor Bacon asked for some clarification of a point on the proposed agenda. Mr. Danneberg provided more information on what was intended. 11. ADDITIONAL ITEMS Page 11 of 12 City Council Meeting Minutes November 17, 2020 Councilmember Brownlee told City Manager, Michael Wilkes, she was sorry his team had not been able to play the previous weekend. Councilmember Vogt said she thought subdivisions were supposed to build their pools in the center of the neighborhood and suggested that the development off Woodland should look at it as a safety issue. Mayor Bacon said that building the pool in the center of the neighborhood had been tried, but it required streets to the center of the subdivision to be built at the beginning of the development. Councilmember McCoy said Happy Thanksgiving. Councilmember Mickelson said Happy Thanksgiving to City Staff, the Council and the citizens of Olathe. City Manager Michael Wilkes, reminded the Council that they would be receiving the visual preference survey regarding the library. He also said they would be planning a half day retreat for the Council shortly after the first of the year and to be watching for possible dates. Mayor Bacon said Happy Thanksgiving and reminded everyone of the State of The City on Friday, at 11:30. He said it would be virtual this year. Councilmember Vogt asked if they would receive a Zoom link. Councilmember Gilmore asked if they could come to City Hall and be there in person. Communications and Customer Service Manager, Tim Danneberg, said they could but they would miss some of what would be shown on the screens. 12. ADJOURNMENT The meeting was adjourned at 10:11 PM. Brenda D. Long City Clerk Page 12 of 12