City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | August 17, 2021 | 6:30 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Consideration of a motion 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 119th Street, Woodland to Northgate, Improvements Project PN 3-C-024-21. 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 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21, for 24 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of a motion to recess into an executive session for discussions 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 proposed settlement agreement for Legato, LLC v. City of Olathe, et al., Johnson County District Court Case Nos. 19CV01209 and 19CV03695. Motion by Campbell, seconded by Vogt, 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) regarding a proposed settlement agreement for Legato, LLC v. City of Olathe, et al., Johnson County District Court Case Nos. 19CV01209 and 19CV03695 for 24 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 3. RECONVENE FROM EXECUTIVE SESSION Executive Item A: Motion by Campbell, seconded by Vogt, to authorize staff to proceed with strategies as discussed with and directed by the Governing Body. Page 1 of 9 City Council Meeting Minutes August 17, 2021 The motion passed, 7-0. Executive Item B: Motion by Campbell, seconded by Vogt, to authorize the City Attorney to finalize and the Mayor to execute a settlement agreement substantially in the form if the agreement discussed with the Governing Body. The motion passed, 7-0. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Presentation of the Mayor’s Cup. Mayor Bacon presented DH Pace with the Mayor's Cup for being the best performing Olathe business in the Kansas City Corporate Challenge. Laurie Hall, Vice President with DH Pace accepted the Mayor's Cup and thanked the Council for the recognition. 7. CONSENT AGENDA Councilmember Vogt asked for item I to be pulled and considered separately. Councilmember McCoy asked for items O and Q to be pulled and considered separately. Motion by Campbell, seconded by Vogt to approve the Consent Agenda with the exception of items I, O and Q. 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 July 20, 2021. Approved B. Consideration of approval of the City Council meeting minutes of August 3, 2021. Approved C. Consideration of a new drinking establishment application for First Watch Restaurants, Inc., d/b/a First Watch Restaurant #78 and renewal drinking establishment applications for Texas Roadhouse of Kansas, LLC, d/b/a Texas Roadhouse; Rare Hospitality of Kansas, Inc., d/b/a LongHorn Steakhouse #5314; GM Restaurants of Kansas, Inc., d/b/a Page 2 of 9 City Council Meeting Minutes August 17, 2021 The Olive Garden Italian Restaurant #1535. Approved D. Consideration of Resolution No. 21-1057, approving a temporary event permit for alcohol to be possessed and consumed within a designated public area in Downtown Olathe for the Olathe Chamber of Commerce 4th Friday events; and repealing Resolution 21-1044. Approved E. Consideration of a travel authorization for Michael Wilkes to attend the ICMA Annual Conference in Portland, Oregon on October 1- 7, 2021. Approved F. Consideration of Consent Calendar. Approved G. Consideration of Amendment No. 2 and Amendment No. 3 to the agreement with McCown Gordon Construction, LLC authorizing construction of the Downtown Library Project, PN 6-C-020-20. Approved H. Consideration of an agreement with Kaw Valley Engineering, Inc. for special inspection and testing services for the Downtown Library Project, PN 6-C-020-20. Approved I. Consideration of a Professional Services Agreement with Schlagel & Associates, P.A., for design of Cedar Creek Parkway, North of College, Benefit District Project, PN 3-B-099-21. Councilmember Vogt stated there have been a lot of emails received from citizens about the benefit district, with many of the concerns about the length of the roadway and the associated costs. She also noted some concerns with the amount of landscaping. City Engineer, Nate Baldwin, noted the item pulled was for Cedar Creek north but the emails that have been received are for Cedar Creek south. Mr. Baldwin provided explanations on the concerns for Cedar Creek south, also noting staff will be meeting with citizens on the concerns as well. Mayor Bacon asked for explanation on when the city uses sod. Mr. Baldwin provided the council with the sod season timeframe. Motion by Vogt, seconded by Campbell, to approve Consent Item I. The motion carried with the following vote: Page 3 of 9 City Council Meeting Minutes August 17, 2021 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore J. Consideration of a Master Agreement for Professional Services with Olsson, Inc. for design of the 2022 Waterline Rehabilitation Project, PN 5-R-000-22. Approved K. Consideration of an Agreement with Johnson County for construction of the Storm Rehabilitation Improvements Project, PN 2-C-004-21, within Watershed 2 (Indian Creek and Tomahawk Creek). Approved L. Consideration of an Agreement with Johnson County for construction of the Storm Rehabilitation Improvements Project, PN 2-C-004-21, within Watershed 6 (Cedar Creek and Mill Creek). Approved M. Consideration of an Agreement with Johnson County for construction of the Upper Cedar Creek Stormwater Improvements Project, PN 2-C-013-19. Approved N. Consideration of renewal of contract with Five-Star Trucking, LLC for the rental of tandem trucks with operators for the Field Operations Division of Infrastructure. Approved O. Consideration of award of contract to Encore Energy Services, Inc. for natural gas. Councilmember McCoy asked for clarification on the contract with Encore Energy Services, Inc. Deputy Public Works Director, Beth Wright, provided an explanation to the Council. Motion by Campbell, seconded by Vogt, to approve Consent Item O. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore P. Authorization of contract with Updike Paving, pursuant to the Emergency Procurement policy, for repairs to the Indian Creek Trail. Approved Q. Consideration of the acquisition and implementation of Workday, as the Human Resource and Financial Management System. Councilmember McCoy asked if the new system would replace Page 4 of 9 City Council Meeting Minutes August 17, 2021 other software currently being used and if it would provide cross departmental connectivity better. Quality of Life Director, Mike Sirna, stated it would replace 10-12 systems currently being used and help with processes as well, allowing groups to be more efficient. Motion by Campbell, seconded by Vogt, to approve Consent Item Q. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 8. NEW BUSINESS A. Consideration of Ordinance No. 21-37, RZ21-0002, requesting approval of a rezoning from Business Park (BP), Office (C-O) and Residential Medium-Density Multifamily (R-4) Districts to Residential Medium-Density Multifamily (R-4) District and preliminary site development plan for Corporate Ridge Apartments on approximately 56.42 acres; located in the vicinity of the southeast corner of 106th Street and Ridgeview Road. Planning Commission recommends approval 8 to 1. Senior Planner, Jessica Schuller, provided a presentation to the Council on the proposed project. Councilmember Vogt asked how much of the tolal 56.24-acre site is currently zoned R-4. Ms. Schuller said that approximately 26 acres were currently zoned R-4. Councilmember Vogt asked how much of the 26 acres would be maintained for tree preservation, drainage area, or not be able to be built on. Ms. Schuller said due to steep terrain and being in a flood plain area, the current R-4 area would not be developed. Mayor Bacon asked if any of the current R-4 area was undermined and if not on the site, how far away the nearest area is to the property. Attorney for the applicant, John Peterson, stated there was no area on the proposed site that is undermined. John Petersen with Polsinelli PC, presented a presentation to the Council on behalf of the applicant, Davis Development. Page 5 of 9 City Council Meeting Minutes August 17, 2021 Councilmember Vogt stated she was in support of the project even with the corridor plan stating everything north of College Boulevard, on Ridgeview, should be commercial. She added the reason for her support of the project is because there is already a large portion of the site that is R-4, that is not able to be developed, and that the site has not been able to be developed in the last 29 years. Councilmember Vogt also feels the large amount of green space that will remain is good and the proposed development would not harm the rest of the center. Councilmember Mickelson stated he supported making the site R-4 because it will promote walkability to nearby businesses and also the time that the site has been undeveloped. He also offered a suggestion of a disc golf course for the wooded area. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-37. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Ordinance No. 21-38, RZ20-0014, request for a rezoning from the BP (Business Park) District to the R-4 (Residential Medium-Density Multifamily) District and a preliminary site development plan for Ridgeview Corporate Centre on approximately 12.77 acres; located at the northeast corner of College Boulevard and S. Ridgeview Road. City Council remanded this application back to the Planning Commission for review of preliminary site development plan stipulations. Action needed: Consider a motion to approve (4 positive votes), deny (5 positive votes required), or return to the Planning Commission. Senior Planner, Kim Hollingsworth provided a presentation to the Council. Councilmember Vogt asked about the traffic improvements that are going to be made to the site. Ms. Hollingsworth stated that the main road through the development will be a public street and will connect College Boulevard and Ridgeview Rd. She also noted turn lanes that will be added into the development. Councilmember Vogt asked if signals will be needed because of the density of the site. Transportation manager, Chet Belcher, stated Page 6 of 9 City Council Meeting Minutes August 17, 2021 staff is confident the roadway network will be able to handle the project but will continue to monitor as the project goes forward. Mr. Belcher did indicate that a signal may be needed at the Ridgeview Rd. entrance later, but one is not needed now. Councilmember Brownlee asked if the road to the east of the development will have access to the development. Mr. Belcher stated no. Councilmember Vogt stated she was against the development because the site is a visible area that is good for commercial, and she feels the plans are premature. She added she was happy with the decrease in the R-4 area and that more commercial will be able to go on the site. Motion by Campbell, seconded by McCoy, to approve Ordinance No. 21-38. The motion carried with the following vote: Yes: Brownlee, Campbell, McCoy, Bacon, and Gilmore No: Mickelson, and Vogt C. Consideration of Resolution No. 21-1058 authorizing a survey and description of land or interest to be condemned for the Pflumm Road, 143rd Street to 151st Street Improvements Project, No. 3-C-114-20. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1058. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Ordinance No. 21-39 approving an engineer’s survey and authorizing the acquisition of land for the Pflumm Road, 143rd Street to 151st Street Improvements Project PN 3-C-114-20. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-39. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 9. NEW CITY COUNCIL BUSINESS Councilmember Brownlee acknowledged two citizens that went above and beyond for their neighbors. Ms. Brownlee asked for citizens to share good stories of neighbors helping neighbors with her. She also thanked staff for the improvements to the intersection at 159th and Black Bob, noting how nice it is. Page 7 of 9 City Council Meeting Minutes August 17, 2021 Councilmember Campbell asked staff to use the current land use map to look at all commercial areas zoned versus residential to see if we are at a 70/30 mix. He asked to have the information by October. Councilmember McCoy thanked the Parks and Recreation department for working on theIndian Creek Trail and thanked the citizens for voting in an additional sales taxes in the past to help fund projects to improve quality of life. Mr. McCoy also noted the new fence at the cemetery and the improved security measures at the municipal court. Mayor Bacon noted the public hearing for the budget will take place on September 7th and invited citizen feedback through OlatheConnect or email if they are unable to attend the public hearing. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Zach Wallentine, 14954 W. 155th Terrace, spoke to the Council about Resolutions 21-1054, 21-1055 and 21-1056 that were conisidered at the August 3, 2021 meeting and suggested another public hearing on the items. 12. 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. IRB Report on a request by Blue Beast Kansas, LLC for a single-phase project to construct a 170,000 square foot building for industrial uses in the Lone Elm Commerce Center. Accepted 2. Report on a proposed resolution allowing the hunting of deer with bow and arrow for the 2021-2022 season as part of Olathe’s Urban Deer Management Program. Accepted B. DISCUSSION ITEMS 1. Economy Focus Area Update. (20 minutes) Economy Directory, Dianna Wright provided a presentation to the Council about the Economy Focus Area. Page 8 of 9 City Council Meeting Minutes August 17, 2021 Councilmember Vogt asked for more information on the Economic Development Master Plan. Ms. Wright stated it will align with the 2040 plan and will have public input and will be a large project outlining the economic future of the city. Councilmember Vogt stated she hopes staff is working on ways to encourage citizens input. Mayor Bacon asked what is the useful life of a water meter. Ms. Wright stated it is approximately 10 years. 13. ADDITIONAL ITEMS Councilmember McCoy thanked Chief Butaud for the invitation to the Police Department ceremony last week. 14. ADJOURNMENT Meeting adjourned at 8:27pm. Eric Strimple Assistant City Clerk Page 9 of 9