City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | May 18, 2021 | 5:30 PM Public Service Recognition Week Reception was held in City of Governors room at 6:30 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron 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 Municipal Judge. Motion by Campbell, 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 Municipal Judge for 60 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. 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) regarding a development agreement and a settlement agreement. Motion by Campbell, seconded by Vogt, to recess into an executive session for preliminary discussions 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 development agreement and a settlement agreement for 60 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Page 1 of 11 City Council Meeting Minutes May 18, 2021 C. For preliminary discussions 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) regarding Legato LLC v. City of Olathe, et al., Kansas Court of Appeals Appeal No. 122358-A. Motion by Campbell, seconded by Vogt, to recess into executive session for preliminary discussions 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) regarding Legato LLC v. City of Olathe, et al., (Kansas Courts of Appeals No. 122358-A) for 60 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. For preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Lone Elm Road, Old 56 Hwy to 151st, Improvements Project, PN 3-C-084-17. Motion by Campbell, seconded by Vogt, to recess into an executive session for preliminary discussions related to acquisition of property pursuant to the exception provided in K.S.A. 75-4319(b)(6) regarding Lone Elm Road, Old 56 Hwy to 151st, Improvements Project, PN 3-C-084-17 for 60 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Council returned to the dais at 6:30 PM. Councilmember Campbell made a motion to recess back into executive session for an additional 20 minutes. Councilmember Vogt seconded. The motion passed 4-0. 3. RECONVENE FROM EXECUTIVE SESSION Executive Session Item A - No motion was made. Executive Session Item B - Mayor Bacon stated this item would be continued at the end of the meeting. Executive Session Item C - Motion by Campbell, seconded by Vogt, to adopt Resolution No. 21-1040 directing staff to not publish Ordinance No. 19-05 (RZ18-0021). The motion passed 7-0. Executive Session Item D - Motion by Campbell, seconded by Vogt, to authorize staff to acquire the necessary real property and easements to construct the Lone Elm Road, Old 56 Hwy to 151st, Improvements Project, PN Page 2 of 11 City Council Meeting Minutes May 18, 2021 3-C-084-17, as directed by the Governing Body. The motion passed 7-0. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Annual Public Service Recognition Awards. City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and Mayor Bacon, presented the Public Service Recognition Week Awards to the recipients. B. Discussion on navigating the new continuous flow turn lanes on the Lone Elm Road, Old 56 Hwy to 151st Street, Improvements Project, PN 3-C-084-17. City Engineer, Nate Baldwin, presented a video outlining how to navigate the new continuous flow turn lanes that are scheduled to open in a few weeks at Lone Elm Road and Old 56 Highway. Councilmember Campbell stated he is excited for the new layout, but noted his concern if the traffic lights started to blink and the need to have crews there as quick as possible if it happened. Councilmember Vogt asked how cyclists would navigate the intersection. Mr. Baldwin used a graphic to show her how cyclists would be able to navigate. Councilmember McCoy feels the new intersection and layout will help move traffic better. 7. NEW BUSINESS - ADMINISTRATION A. Consideration of petition and Resolution 21-1031 authorizing the creation of benefit district for public improvements on behalf of Cedar Creek Development Company, LLC for the improvement of College Boulevard, Clare Road, and Cedar Creek Parkway. This New Business-Administration item was withdrawn. B. Consideration of petition and Resolution 21-1032 authorizing the creation of a benefit district for public improvements on behalf of Cedar Creek Development Company, LLC for the improvement of Bluestem Parkway and 107th Terrace. Page 3 of 11 City Council Meeting Minutes May 18, 2021 Action needed: None. APPLICANT HAS WITHDRAWN THE PETITION. This New Business-Administration item was withdrawn. C. Consideration of Resolution No. 21-1038 approving a petition to establish the Clare Road Benefit District for construction of Clare Road from College Blvd. to 106th Terrace. City Bond Counsel, Gina Riekhof, with Gilmore and Bell, and External Affairs Manager, Tim Danneberg, provided a presentation to the Council. Councilmember Brownlee asked if realtors have to disclose the Benefit District to potential buyers by law. Ms. Riekhof said, yes disclosure is required per State Statute. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1038 approving a petition to establish the Clare Road Benefit District for construction of Clare Road from College Blvd. to 106th Terrace. The motion passes with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Resolution No. 21-1039 approving a petition to establish the Bluestem-107th Terrace-Cedar Creek Parkway Benefit District for construction of certain public improvements. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1039 approving a petition to establish the Bluestem-107th Terrace-Cedar Creek Parkway Benefit District for construction of certain public improvements. The motion passed with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 8. CONSENT AGENDA Motion by Campbell, seconded by Vogt, to approve the consent agenda. The motion passed with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore A. Consideration of approval of the City Council Meeting Minutes of May 4, 2021. Approved B. Consideration of Resolution No. 21-1035, SU21-0001, requesting approval for a special use permit for Used Motor Vehicle Sales for Car City on approximately 0.33 acres; located at 1501 E. Santa Fe Street. Page 4 of 11 City Council Meeting Minutes May 18, 2021 Planning Commission recommends approval 8 to 0. Approved C. Consideration of Resolution No. 21-1036, SU21-0002, requesting approval for a special use permit for Motor Vehicle Sales, Leasing & Rental for Enterprise Car Sales on approximately 1.99 acres; located at 900 N. Rogers Road. Planning Commission recommends approval 8 to 0 for a five-year period. Approved D. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Olathe Downtown Library (FP21-0010) containing one (1) lot and two (2) tracts of land on approximately 3.054 acres; located at northeast corner of Chestnut Street & Santa Fe Street. Planning Commission approved plat 7 to 0. Approved E. Consideration of Resolution No. 21-1037, PLN21-0001, requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. . Approved F. Consideration of Consent Calendar. Approved G. Consideration of a Professional Services Agreement with Walter P. Moore and Associates, Inc. for design of the Ridgeview West Neighborhood Streets Improvement Project, PN 3-R-002-22. Approved H. Consideration of Change Order No. 2 to the contract with Freeman Concrete Construction, LLC for construction of the 119th Street Arterial Mill and Overlay Project, PN 3-P-001-21. Approved I. Consideration of renewal of contracts for water and wastewater treatment chemicals for the Environmental Services Division of Infrastructure. Approved J. Consideration of purchase of Motorola portable radios and related equipment from Commenco, LLC. Approved K. Acceptance of bids and consideration of award of contracts to Summit Truck Group and MHC Kenworth for the replacement of vehicles for 2021 for the Infrastructure fleet. Approved Page 5 of 11 City Council Meeting Minutes May 18, 2021 L. Consideration of award of contract to KC Bobcat for the purchase of a replacement compact excavator. Approved M. Consideration of renewal of contract with Central Salt, LLC for the purchase of rock salt for snow and ice removal for the Field Operations Division of Infrastructure. Approved 9. NEW BUSINESS A. Consideration of RZ20-0014, requesting approval of a rezoning from the BP (Business Park) District to the PD (Planned) District and a preliminary site development plan for Ridgeview Corporate Centre on approximately 32.6 acres; located at the northeast corner of College Boulevard and S. Ridgeview Road. Planning Commission recommends denial 7 to 1. Senior Planner, Kim Hollingsworth, provided a presentation to the Council on the rezoning request and noted the reasons the Planning Commission recommended denial of the item. Aaron Mesner and Ken Block, Block Real Estate Services, 462 Pennsylvania, Suite 700, Kansas City, Missouri, 64112 spoke on behalf of the applicant. Councilmember McCoy stated that he feels the plans submitted may have value to them if the City can look at the land and reevaluate the best use of the land instead of looking at what the City thought was the best use for the land 20-30 years ago. Councilmember Gilmore asked if the two properties to the north of the site have had tax abatements. City Manager, Michael Wilkes said they did have abatements. Councilmember Vogt asked if the piece of property complies with the corridor study or the updated comprehensive plan from 2016. Ms. Hollingsworth said, no, and noted that they looked at the North Ridgeview Road Overlay District that is adopted in the U.D.O. Councilmember Vogt noted that the North Ridgeview Road Overlay Page 6 of 11 City Council Meeting Minutes May 18, 2021 District was created after she joined the council because it was found by the residents that there were very few business corridors in Olathe. She asked Ms. Hollingsworth to state what could be in a business park. Ms. Hollingsworth stated that medical facilities, flex warehouses, along with several retail types of businesses that are allowed in the business district zoning. Councilmember Brownlee asked for further information on the significant incompatibilities between the proposed residential use, the warehouse, and how the application fails to meet the expectations of a planned district. Ms. Hollingsworth stated that the incompatibilities are due to the size of the adjacent warehouse and traffic. Ms. Hollingsworth also noted that planned districts are intended to be built as one cohesive development. Councilmember Mickelson asked if there were situations like this in Olathe already. Ms. Hollingsworth stated there were some. Councilmember Gilmore stated the Planning Commission and staff are doing their job but feels that the council needs to look at the economics of the proposal. Councilmember Vogt stated that the council has always taken a long range prospective on growth in the community and feels the council needs to continue that mindset by looking at the total vision and look at the future. Councilmember Vogt asked Mr. Block, if he would consider a concurrent build of the apartments and at least one office building. Mr. Block stated he has never done that on any project and that they are all phased projects. Councilmember Brownlee appreciates the plan and that the plan accommodates the apartments being by a warehouse. She feels there should be some meshing to allow some room with the market and the city plans. Page 7 of 11 City Council Meeting Minutes May 18, 2021 Chief Planning Officer, Amiee Nassif, asked if the council had any guidance to provide staff with for future conversations with the applicant. Mayor Bacon stated there is concern about the phasing of the property and wants to make sure there is some commercial on the corner. Councilmember Vogt stated if it goes back to be reworked, she hoped staff would keep the overlay plans in mind. Motion by Campbell, seconded by McCoy, to remand RZ20-0014, requesting approval of a rezoning from the BP (Business Park) District to the PD (Planned) District and a preliminary site development plan for Ridgeview Corporate Centre on approximately 32.6 acres; located at the northeast corner of College Boulevard and S. Ridgeview Road, back to the planning commission, and for staff to work with the applicant to establish stipulations for the proposed PD District in accordance with U.D.O. Section 18.20.220(B), including, but not limited to, development and performance standards and regulations, and for the Planning Commission to make such recommendations to the City Council pertaining to the proposed stipulations as it deems appropriate. The motion passes with the following vote: Yes: Brownlee, Campbell, McCoy, Bacon, and Gilmore No: Mickelson, and Vogt 10. NEW CITY COUNCIL BUSINESS Councilmember Vogt thanked everyone that wore a mask over the last year and encouraged individuals to get the COVID-19 vaccine. Councilmember McCoy stated he represented the Mayor and Council at the state general assembly of the Optimist Club where he heard Bob Courtney speak and learned about the Emmy Awards he and his group have received for their films. Mayor Bacon stated that the pool season starts next week and congratulated local seniors for graduating. 11. END OF TELEVISED SESSION Page 8 of 11 City Council Meeting Minutes May 18, 2021 12. GENERAL ISSUES AND CONCERNS OF CITIZENS 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 regarding City Council Policy A-3 (Code of Ethics). Councilmember Brownlee wanted clarification on the penalties and if the penalties had been increased. Mayor Bacon asked if a strikethrough version of the policy was available to assist the council in seeing the changes and asked for the item to be brought back the second meeting in June. Mayor Bacon asked City Attorney, Ron Shaver, to provide the council with the proposed changes to the policy. Mr. Shaver provided those changes. B. DISCUSSION ITEMS 1. Discussion on K-10 Highway and KDOT Partnerships - Then and Now. (30 minutes) Deputy Public Works Director, Beth Wright, provided an update on K-10 Highway along with KDOTs future proposed changes to K-10, and the City of Olathe’s priorities. Councilmember Vogt stated that I-35 and Santa Fe is a high priority to be upgraded and wanted to know how far the city was from preliminary plans for the project. Ms. Wright stated the 4.4 million dollars that was approved is helping the design to get underway. Councilmember McCoy asked how the city would come up with the funds for the Santa Fe project. Ms. Wright stated that there is a ballpark figure currently, but doing the design now will help in the cost. She added that the city will also continue Page 9 of 11 City Council Meeting Minutes May 18, 2021 to work with KDOT as a true partnership to get a cost for the project. Councilmember Brownlee asked about the proposed 8 lanes on K-10, east of K-7 and the timeline of the widening. Ms. Wright stated that they wanted to have a conversation with Secretary Lorenz from KDOT, to learn more on the timeline but did not have the timeline as of now. Councilmember Brownlee asked if KDOT takes into consideration public sentiment about upgrades. Ms. Wright stated there have been online meetings. 2. Introduction of the 2022-2026 Capital Improvements Plan. (20 minutes) Financial Strategy Manager, John Page, provided a presentation providing a high-level overview of the 5-year CIP. Councilmember Vogt said she did not see the I-35 and Santa Fe project listed in the CIP for funding of the project if federal funds become available and encouraged staff to look at it. Councilmember Mickelson noted that the College Boulevard project is not on the CIP list. Economy Director, Dianna Wright stated it was on a list that can be found in the back of the binder but is not funded. Councilmember Campbell asked for clarification on the SMST tax and the street maintenance tax ending. Ms. Wright provided an explanation. 3. Infrastructure Focus Area Update. (20 minutes) Infrastructure Director, Mary Jaeger provided a presentation to the council. Motion by Campbell, second by Vogt, to recess back into executive session for preliminary discussions with the City's attorneys which would be deemed Page 10 of 11 City Council Meeting Minutes May 18, 2021 privileged in the attorney-client relationship pursuant to the exception in K.S.A 75-4319(b)(2) regarding a development agreement and a settlement agreement for 10 minutes. The motion passed 7-0. Motion by Campbell, second by Vogt, to authorize the Mayor to execute the development agreement and the settlement agreement with Cedar Creek Development Company, LLC, et al. The motion passed 7-0. 14. ADDITIONAL ITEMS Councilmember McCoy stated that Katie McElhinney, Municipal Judge, did very well over the last year and there would be an extension to her contract with the City. Councilmember Vogt reminded the Council that the internal auditors review will be coming up and to be watching for information. Councilmember Brownlee asked for an update on BNSF from Infrastructure and questioned how the goal of eight lanes on K-10 would be possible. Councilmembers Brownlee and Gilmore thanked Infrastructure Director, Mary Jaeger, for her presentation. 15. ADJOURNMENT The meeting was adjourned at 11:07 PM. Eric Strimple Assistant City Clerk Page 11 of 11