City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 6, 2021 | 6:45 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt 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. For preliminary discussions related to acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Pflumm Road, 143rd Street to 151st Street, Improvements Project, PN 3-C-114-20. Motion by Campbell, seconded by McCoy, 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 the Pflumm Road, 143rd Street to 151st Street, Improvements Project, PN 3-C-114-20 for 15 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt B. For 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 an application for a neighborhood revitalization tax rebate. Motion by Campbell, seconded by McCoy, to recess into an executive session for 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) and for discussions of data relating to financial affairs or trade secrets of a corporation pursuant to the exception provided in K.S.A. 75-4319(b)(4) pertaining to an application for a neighborhood revitalization tax rebate for 15 minutes. The motion carried with the following vote: Page 1 of 12 City Council Meeting Minutes July 6, 2021 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt 3. RECONVENE FROM EXECUTIVE SESSION Executive Session Item A: Motion by Campbell, seconded by McCoy, to authorize staff to acquire the necessary easements to construct the Pflumm Road, 143rd to 151st Street, Improvements Project, PN 3-C-114-20 as directed by the Governing Body. The motion passed 6-0. Executive Session Item B: Motion by Campbell, seconded by McCoy, to authorize city attorney to finalize and the Mayor to execute an agreement with ROKC, Olathe Property LLC, regarding a neighborhood revitalization tax rebate application as directed by the Governing Body. The motion passed 6-0. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 21-1048 appointing and reappointing members to the Citizens Police Advisory Council. Mayor Bacon presented a certificate of reappointment to Maggie Truitt, Citizens Police Advisory Council Chair. Ms. Truitt introduced the appointees for CPAC and Mayor Bacon presented each with a certificate of appointment. Motion by Campbell, seconded by McCoy, to approve Resolution No. 21-1048. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt B. Presentation of the Service Award to Keith Brown. CPAC Chair, Maggie Truitt, introduced Keith Brown and Mayor Bacon presented him with an award and thanked him for his years of volunteer service. 7. PUBLIC HEARINGS Page 2 of 12 City Council Meeting Minutes July 6, 2021 A. Consideration of a Public Hearing on a request by BCB Olathe Holdings LLC for issuance of industrial revenue bonds and tax phase in for the development and construction of 385,000 sq. ft. of dry storage speculative warehouse facilities located near the northwest corner of Fountain Drive and Frontier Lane. Economy Director, Dianna Wright, gave a short presentation. Motion by Campbell, seconded by McCoy, to close the public hearing. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt B. Consideration of Resolution No. 21-1049 expressing intent to issue industrial revenue bonds and tax phase in on behalf of BCB Olathe Holdings LLC for construction of 385,000 sq. ft. of dry storage speculative warehouse facilities located near the northwest corner of Fountain Drive and Frontier Lane. Motion by Campbell, seconded by McCoy, to approve Resolution No. 21-1049. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt 8. CONSENT AGENDA Motion by Campbell, seconded by McCoy, to approve the Consent Agenda with the exception of item K. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt A. Consideration of approval of the City Council meeting minutes of June 15, 2021. Approved B. Consideration of drinking establishment renewal application for Chipotle Mexican Grill #49; new drinking establishment application for The Kansas City BBQ Store, LLC, d/b/a The Kansas City BBQ Store. Approved C. Consideration of private club renewal application for Lumpy’s Pub & Grub. Approved Page 3 of 12 City Council Meeting Minutes July 6, 2021 D. Consideration of Resolution No. 21-1050 a Resolution of the City of Olathe, Kansas regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. 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 Bonham Estates First Plat (FP21-0020), containing two (2) lots on approximately 3.95 acres; located north of W. Dennis Avenue and west of S. Stonecrest Road. Planning Commission approved plat 8 to 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 Island Creek Farm (FP21-0021) containing one (1) residential lot on 4.65± acres; located at 15000 S. Quivira Road. Planning Commission approved this plat 8-0. Approved G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Woodland Hills, Fourth Plat (FP21-0022) containing 31 residential lots on 14.06± acres; located northeast of 115th Terrace and S. Woodland Road. Planning Commission approved this plat 7-0. Approved H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Woodland Hills, Fifth Plat (FP21-0023) containing 47 residential lots on 21.21± acres; located northeast of 115th Terrace and S. Woodland Road. Planning Commission approved this plat 7-0. Approved I. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Nottington Creek Eighth Plat (FP21-0024), containing twenty-four (24) lots and two (2) tracts on approximately 8.97 acres; located in the vicinity of W. 177th Terrace and S. Lone Elm Road. Planning Commission approved plat 7 to 0. Approved J. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of 175th Street Commerce Centre (FP21-0025), containing one (1) lot on approximately 57.62 acres; located at the northwest corner of 175th Street and Hedge Lane. Planning Commission approved the plat 7 to 0. Approved K. Consideration and approval of the 2021 Byrne Justice Assistance Grant Page 4 of 12 City Council Meeting Minutes July 6, 2021 (JAG) Program. Councilmember McCoy asked for item K to be removed and considered separately. Mr. McCoy asked for clarification on what the grant funding would be used for. Police Chief, Mike Butaud, said it would provide an additional K-9 among other things. Mr. McCoy thanked staff for their work in obtaining the funding and spending it wisely. Motion by Campbell, seconded by Brownlee, to approve item K. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt L. Consideration of Consent Calendar. Approved M. Consideration of Resolution No. 21-1051 authorizing the Interstate 35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16; and repealing Resolution No. 20-1070. Approved N. Consideration of Change Order No. 4 with Miles Excavating, Inc for construction of the Interstate 35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16. Approved O. Consideration of Change Order No. 1 to the contract with Phoenix Concrete, LLC for construction of the 2021 Local and Collector Street Mill and Overlay Project - Group A, PN 3-P-004-21. Approved P. Consideration of Change Order No. 2 to the contract with Superior Bowen Asphalt Company, LLC for construction of the Old 56 Arterial Mill and Overlay Project, PN 3-P-001-20. Approved Q. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Denton Excavating Inc. DBA Midland Wrecking Corporation for demolition of the structures associated with the 119th Street and Renner Road Property Acquisition and Demolition Project, PN 7-C-007-20. Approved R. Consideration of an Agreement with Johnson County for construction of the Mill Creek, Prairie to Cedar, Phase 1 Stormwater Improvements Page 5 of 12 City Council Meeting Minutes July 6, 2021 Project, PN 2-C-030-18. Approved S. Consideration of award of contract to WestPro Construction Service for roof repairs at Fire Station #6. Approved T. Consideration of renewal of contract to Heritage Environmental Services for the disposal of household hazardous waste. Approved U. Acceptance of proposal and consideration of award of contract to Lyngsoe Systems for Intelligent Locker Systems for the Olathe Community Center and Fire Stations 6 and 8. Approved 9. NEW BUSINESS A. Consideration of Ordinance No. 21-27, RZ21-0008, requesting approval of a rezoning from the County RUR (Rural) District to the M-2 (General Industrial) and BP (Business Park) Districts and a preliminary site development plan for the 175th Street Commerce Centre East on approximately 163.27 acres; located north of W. 175th Street and east of S. Hedge Lane. Planning Commission recommends approval 8-1. Senior Planner, Jessica Schuller, gave a presentation regarding this re-zoning and the proposed development. Councilmember Brownlee asked what was being planned for the South side of 175th street. She wondered if this neighborhood was going to have warehouses all the way around it. Ms. Schuller said it would not likely be large scale warehouses.Ms. Brownlee asked about the Hedge Lane improvements and Ms. Schuller said they would be completed with this project. Ms. Brownlee asked about FedEx on the northern border and who owns the land in between. Ms. Schuller said she was not sure who owns that portion. Ms. Brownlee asked about the expected traffic flow and Ms. Schuller said they expected traffic to go West to I-35. Transportation Manager, Chet Belcher, said a new traffic study would be required with each phase of the development to reevaluate any changes and improvements that might be needed. Page 6 of 12 City Council Meeting Minutes July 6, 2021 Councilmember Mickelson asked why a signal was not recommended at the Montecello at this time. Mr. Belcher said they were recommending a light at Hedge Lane because of additional traffic movement. He said they anticipate at some point needing a light at Montecello. Mr. Mickelson said he would personally like to see a light at both locations and Mr. Belcher said they would continue to monitor the traffic. He did say the new signal at Hedge Lane would provide gaps in the traffic. Councilmember Campbell asked how fast the development would progress and how quickly they could mitigate issues should studies along the way show there was a need. Mr. Belcher said the City would mitigate traffic problems quickly according to whatever the current studies showed. Mr. Campbell said the key is the City responding along the way as needed. Councilmember Mickelson asked about the height of the buildings and how they compared to others. Ms. Schuller said she wasn't sure about other developments but one that was recently approved, just West of Hedge Lane, was 37 feet. Councilmember Mickelson asked about potential tenants and Ms. Schuller said she wasn't sure who the tenants were going to be. She said it could support offices or businesses needing small warehouse space. Ms. Schuller said the truck traffic would be at the back of the building with screening. Councilmember McCoy asked about the improvements at 175th and Lone Elm and asked if it had been a partnership with the County. Mr. Belcher indicated it was a 50/50 split. Mr. McCoy also asked about who would pay for the signal at Montecello and Mr. Belcher said he anticipated it would be a developer project. Mayor Bacon noted he didn't believe there were any gas stations on 175th and Ms. Schuller said there were commercial areas a little further down the corridor that could accommodate a gas station. Curtis Holland with Polsinelli, represented the developer and spoke Page 7 of 12 City Council Meeting Minutes July 6, 2021 to the Council regarding this project. Brett Runyon, 9393 W. 110th Street, Overland Park, spoke on behalf of the nearby neighborhood, Nottington Creek, and expressed their concerns regarding the impact this development potentially will have on their property. Councilmember Mickelson asked about the height of the buildings and if the location of the buildings could be flipped. Mr. Holland said the placement could change. Mr. Holland pointed out that the subdivision backs up to 175th and there is already a large berm. He said he believed the project would not be visible from the homes. Mayor Bacon asked questions about where mixed use businesses might be located in the area. Ms. Schuller said 175th and Mur-Len has commercial planned. Mayor Bacon asked about the streets in the area that are still partially gravel. Mr. Belcher said they would need to collaborate with the County on some of these projects and he would reach out to them. Mayor Bacon said he believed the proposed signal would allow breaks in the traffic and make it possible for traffic to safely exit the subdivision. Councilmember Brownlee asked about paving 167th street and Mr. Belcher said it was the developer who was responsible for that part. Councilmember Campbell said he appreciated the extra effort the Council had taken with this item. He said he thought this development would be a class act and they will do the best they can to be a good neighbor. Motion by Campbell, seconded by McCoy, to approve Ordinance No. 21-27. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt Page 8 of 12 City Council Meeting Minutes July 6, 2021 B. Consideration of Ordinance No. 21-28, VAC21-0001, requesting approval of a vacation of a sanitary sewer easement for Foley Industries; located at 19968 W. 157th Street. Planning Commission recommends approval 9 to 0. Motion by Campbell, seconded by McCoy, to approve Ordinance No. 21-28. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt C. Consideration of Amendment No. 1 to the agreement with McCown Gordon Construction, LLC authorizing construction of the Downtown Library Project, PN 6-C-020-20. Michael Berenbom with Lane 4, Sean Zaudke with Gould Evans, and Josh Doss with DLR, gave a presentation providing updated information and a timeline for the downtown Library project. Councilmember McCoy asked about the space the Chamber is expected to occupy and wondered if it could be reconfigured at a later date should there be a need. Mr. Zaudke said it was possible. Mr. McCoy also asked about the potential to complete the roof top, outside space and Mr. Berenbom said the infrastructure would be there to be able to add it later. Councilmember Brownlee asked about the increased construction cost and Mr. Zaudke said steel and lumber had somewhat plateaued and adjustments to the costs had been made in April. Ms. Brownlee thanked the team for making smart decisions. Councilmember Brownlee asked what items could be held off and Mr. Berenbom said they were looking at everything and keeping an eye on contingencies. Councilmember Brownlee asked if a commitment had been obtained from the Chamber and Mr. Berenbom said they have a letter of intent and the Chamber would be responsible for the finish in their portion of the building. Councilmember Gilmore asked for clarification on what was included Page 9 of 12 City Council Meeting Minutes July 6, 2021 in the soft costs and Mr. Berenbom said it included such things as design, technology, furnishings, etc. Mr. Gilmore also thanked the team for all their work on this project. Mayor Bacon noted the construction costs had already gone up and Mr. Berenbom said it was because of the price of materials. Mayor Bacon asked if we could sit back and watch prices and Mr. Berenbom said the prices would be locked in once the agreement was approved. Mayor Bacon expressed his appreciation to the team for all the hard work. Motion by Campbell, seconded by McCoy, to approve Amendment No. 1 to the agreement with McCown Gordon. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt D. Consideration of Ordinance No. 21-29 amending Chapter 7.20 of the Olathe Municipal Code pertaining to the Sunday sale and holiday sale of alcoholic liquor and cereal malt beverages. Motion by Campbell, seconded by Mccoy, to approve Ordinance No. 21-29. The motion carried with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, and Gilmore No: Brownlee Absent: Vogt E. Consideration of Ordinance No. 21-30 amending Chapter 7.14 of the Olathe Municipal Code pertaining to cereal malt beverages. Motion by Campbell, seconded by McCoy, to approve Ordinance No. 21-30. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Gilmore Absent: Vogt 10. NEW CITY COUNCIL BUSINESS Councilmember McCoy shared about a news report highlighting Lake Olathe. Page 10 of 12 City Council Meeting Minutes July 6, 2021 Mayor Bacon said he was aware that rentals at the lake were increasing and he was pleased to see lake activities increasing. Mayor Bacon reminded residents about the Olathe Live Concerts at Stagecoach park. 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. REPORTS 1. Report on 2022 Community Development Block Grant (CDBG) funding recommendations. Report Accepted. 2. Street Maintenance Sales Tax (SMST) Finance Oversight Committee 2020 Annual Report. Report Accepted. Councilmember Campbell thanked Anne Oswald, Street Maintenance Sales Tax Oversight Committee Chair, for her volunteer work with the committee. 3. Report on proposed amendments to Title 10 of the Olathe Municipal Code (the Olathe Traffic Ordinance). Report Accepted. 4. Report on proposed amendments to Title 9 of the Olathe Municipal Code (the Olathe Public Offense Code). Report Accepted. 14. ADDITIONAL ITEMS Councilmember Gilmore asked for additional information from staff regarding the contingency dollars in the Library budget. Councilmember Brownlee shared her thoughts about placement of business and warehouse developments around residential neighborhoods. She said Page 11 of 12 City Council Meeting Minutes July 6, 2021 these are sometimes difficult decisions and there is no perfect answer. Councilmember Campbell asked City Manager, Michael Wilkes, to pass on his thanks to staff for all they continue to accomplish. Councilmember McCoy said he is thankful for all the City staff and the quality work that is being accomplished. Councilmember Mickelson told Chief DeGraffenreid that he would be unable to attend the fire graduation ceremony, but wanted to extend his congratulations to the graduates. Mayor Bacon said he recognized the re-zonings presented a challenge to finding a balance between maintaining a quiet neighborhood and creative ways to approve development. 15. ADJOURNMENT The meeting was adjourned at 9:04 PM. Brenda D. Long City Clerk Page 12 of 12