City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 7, 2021 | 7:00 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. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Recognition of Olathe high school student champions. Mayor Bacon presented City of Champion recognition awards to the Olathe West Girls Cross Country Team, Olathe South Boys Cross Country Team, and Anjali Hocker-Singh. 5. PUBLIC HEARINGS Persons wanting to speak regarding a public hearing must sign up no later than 30 minutes prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, emailing CCO@Olatheks.org or in person at City Hall. Each speaker is allowed up to 5 minutes to address the City Council. A. Consideration of a Public Hearing on a request by MDH F1 Dawn, LLC for a single-phase project totaling a 316,000 square feet addition to an existing 567,290 sq. ft. industrial building in the I-35 Logistics Park. Motion by Campbell, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Resolution No. 21-1071 expressing intent to issue industrial revenue bonds and tax phase in on behalf of MDH F1 Dawn, LLC for a single-phase project totaling a 316,000 sq. ft. addition to an existing 567,290 sq. ft. industrial building in the I-35 Logistics Park. Motion by Campbell, seconded by Vogt, to approve Resolution No. Page 1 of 11 City Council Meeting Minutes December 7, 2021 21-1071. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 6. CONSENT AGENDA Mayor Bacon asked for Consent Agenda item BB to be pulled from the agenda. The item will be considered at a later date. Motion by Campbell, seconded by Vogt, to approve the Consent Agenda with the exceptions of items F, H, and I. 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 16, 2021. Approved B. Consideration of cereal malt beverage applications for calendar year 2022. Approved C. Consideration of renewal drinking establishment applications for H&H Specialties, d/b/a Jumpin’ Catfish; Chili’s Grill & Bar; and Buffalo Wild Wings. Approved D. Consideration of new drinking establishment application for Mariscos KC LLC. Approved E. Consideration of the property, casualty, and excess workers’ compensation supplemental insurance programs for 2022. Approved F. Consideration of a Real Estate Contract and Development Agreement with Artio Medical, Inc. Councilmember Mickelson feels this is a good project, but does not agree that the city owned land should be sold for $1.00. Councilmember McCoy asked for clarification on what Artio Medical, Inc. does. Ron Shaver, City Attorney, stated the company produces medical supplies. Nicholas Franano, MD., Founder and CEO of Artio Medical, Inc. provided more details on the goods they produce. Councilmember Campbell asked if there was a claw back in the Page 2 of 11 City Council Meeting Minutes December 7, 2021 contract in case the company does not go through with the project to allow the city to get the land back. Mr. Shaver stated there was a claw back, with a timeline to begin construction by July 2022. Councilmember Brownlee is pleased to hear that Artio Medical, Inc. is coming to Olathe. Ms. Brownlee stated she was part of the legislature in 2004 that created the Kansas Bioscience Authority and she feels Olathe's action to set the land aside in 2007 so the land could be active in the biosciences was part of that effort. Councilmember Vogt stated in 2007 the city wanted to partner with businesses for expansion, and this is the type of partnership, with the sale of the land, they were looking for. Councilmember Gilmore mentioned that the property being sold, when acquired by the city, had special assessments on it and the city has been paying those assessments. With the sale of the land, the buyer will be assuming approximately $600,000.00 of the assessments as part of the sale. Motion by Campbell, seconded by Vogt, to approve item F. The motion carried with the following vote: Yes: Brownlee, Campbell, McCoy, Bacon, Vogt, and Gilmore No: Mickelson G. Consideration of Resolution No. 21-1072 approving an amended and restated street improvement benefit district petition for the improvement of Hedge Lane from 175th Street north approximately 2,615 lineal feet and related public improvements and authorizing the associated Development Agreement. Approved H. Consideration of Resolution No. 21-1073 adopting the Benefit District Policy. Councilmember Vogt stated she pulled the item to vote separately on it because of her stance on the item, that she has provided at previous council meetings. Motion by Campbell, seconded by McCoy to approve item H. The motion carried with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, and Gilmore Page 3 of 11 City Council Meeting Minutes December 7, 2021 No: Brownlee, and Vogt I. Consideration of Resolution No. 21-1074 adopting the Industrial Revenue Bond and Tax Abatement (IRB) Policy. Councilmember Mickelson stated he pulled the item to vote separately on it because of his stance on the item, that he has provided at previous council meetings. He also noted that there would be an Economic Master Plan review next year and hopes to stair step some of the incentives at that time. Motion by Campbell, seconded by Vogt, to approve item I. The motion carried with the following vote: Yes: Brownlee, Campbell, McCoy, Bacon, Vogt, and Gilmore No: Mickelson J. Consideration of Resolution No. 21-1075 adopting the Community Improvement District (CID) Policy. Approved K. Consideration of Resolution No. 21-1076 adopting the Tax Increment Financing (TIF) Policy Approved L. Consideration of Resolution No. 21-1077 defining the boundary of the City of Olathe as of December 31, 2021. Approved M. Consideration of the 2022 Human Service Fund Allocations. Approved N. Consideration of the 2022 Alcohol Tax Fund Allocations. Approved O. Consideration of Consent Calendar. Approved P. Consideration of Change Order No. 1 with Kansas Heavy Construction, LLC for construction of the Upper Cedar Creek Stormwater Improvements Project, PN 2-C-013-19. Approved Q. Consideration of Change Order No. 2 with Westland Construction Inc. for construction of the Chestnut Street Sanitary Sewer Rehabilitation Project, PN 1-R-105-21. Approved R. Consideration of Change Order No. 4 to the contract with Pyramid Page 4 of 11 City Council Meeting Minutes December 7, 2021 Contractors, Inc. for construction of the Cedar Creek Trail, Phase I, Project, PN 4-C-011-16. Approved S. Consideration of Supplemental Agreement No. 4 with McAfee Henderson Solutions, Inc. for design of the Cedar Creek Trail, Phase II, Project, PN 4-C-011-16. Approved T. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Crossland Heavy Contractors for the Little Cedar Creek Stabilization Project, PN 7-C-008-20. Approved U. Consideration of Supplemental Agreement No. 2 with Burns and McDonnell Engineering Company, Inc. for design and construction management services for the 103rd Street Lift Station and Forcemain Improvements Project, PN 1-C-011-17. Approved V. Consideration of renewal of contract to Energy Tech Solutions for HVAC repair and maintenance services for the Facilities Division of Infrastructure. Approved W. Consideration of purchase from Air Cleaning Technologies for system installation and completion of the Plymovent direct capture magnetic & wireless exhaust system. Approved X. Consideration of purchase for Scott SCBA cylinders for live fire training scenarios at the Olathe Fire Academy from Feld Fire. Approved Y. Consideration of purchase from WestNet for the First-In Alerting System equipment, installation, and support services. Approved Z. Consideration of contract renewal with Harris Corporation to provide utility billing system software licenses, maintenance and system support, including replacement of current online customer portal to SilverBlaze. Approved AA. Consideration of renewal of contracts to Millgoal Enterprises II, LLC, and Kansas Land Management for mowing services for the Parks Maintenance Division. Approved BB. Consideration of award of contract to American Equipment Company for Page 5 of 11 City Council Meeting Minutes December 7, 2021 the purchase and installation of truck bodies and snow equipment to be mounted on cab and chassis for Infrastructure. Item was removed by Mayor Bacon to be considered at a later date. CC. Acceptance of proposal and consideration of award of contract to Lyngsoe Systems for automated materials handling equipment for the new Downtown Library. Approved DD. Acceptance of quote from Environmental Systems Research Institute (ESRI) to provide Small Government Enterprise Licensing. Approved 7. NEW BUSINESS A. Consideration of Ordinance No. 21-56, RZ21-0013, requesting approval for a rezoning from the M-2 (General Industrial) District to the C-3 (Regional Center) District and a preliminary site development plan for Subaru of Olathe on approximately 9.13 acres; located at the northeast corner of the intersection of 119th Street and Renner Blvd. Planning Commission recommends approval 7-0. Zachary Moore, Planner II, provided a presentation to the council. Councilmember McCoy asked if the plans are approved, when the development would begin. Austin Lage, Civil Engineer, with BHC stated they are hoping to begin construction by late spring or early summer 2022. Councilmember Brownlee stated when Builders Stone brought plans to the council that a plan was developed for the area as well. She asked what was envisioned for this land at that time. Mr. Moore stated the plan had high quality commercial, along with retail and office uses for the land. Mr. Moore stated this proposal generally aligns with the study. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-56, RZ21-0013. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Resolution No. 21-1078, SU21-0004, for approval of a Special Use Permit for Motor Vehicle Sales, Leasing and Rental on 9.1 acres; at the northeast corner of 119th Street and Renner Road. Planning Commission recommends approval 7-0. Zachary Moore, Planner II provided a presentation to the council. Page 6 of 11 City Council Meeting Minutes December 7, 2021 Mayor Bacon was concerned about the length of time for the special use permit being too short. Mayor Bacon and Councilmember Vogt were comfortable considering a longer period of time for the permit. The council asked the applicant and the applicant was comfortable with the 10 year time frame. Councilmember Campbell wanted clarification on what could cause the applicant to lose the special use permit renewal in ten years. Mr. Moore stated that it is general practice to not revoke a special use permit renewal as long as the applicant has been a good neighbor, has no code violations and meets all code requirements. Councilmember Brownlee asked what the city was selling the land for. City attorney, Ron Shaver said that the city was in contract with Baxter for them to acquire the land from the city and is subject to the survey, at $6.00/ft Motion by Campbell, seconded by Vogt, to approve Resolution No. 1078. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore C. Consideration of Ordinance No. 21-57 (RZ21-0014), requesting approval of a rezoning from the CTY RUR (County Rural) District to the R-1 (Residential Single-Family) District and a preliminary site development plan for Woodland Forest Residences on approximately 15.04 acres; located southeast of Highway K-10 and Woodland Road. Planning Commission recommends approval 6 to 1. Kim Hollingsworth, Senior Planner, provided a presentation. Councilmember Vogt asked about active and passive green space at the assisted living site and residential area. Ms. Hollingsworth stated that the assisted living site would have outdoor dining, patios and walking paths to connect with the rest of the development. Councilmember McCoy asked how individuals would get back to Woodland Rd. Ms. Hollingsworth showed the options to the council on the map. Councilmember Mickelson asked if the amount of parking spaces Page 7 of 11 City Council Meeting Minutes December 7, 2021 are typical for a development like this. Ms. Hollingsworth stated that the parking is based on staffing and the anticipated guests and planning staff is comfortable with the amount of parking. Curt Petersen spoke on behalf of the applicant and provided a short presentation. Rebecca Shipley, 21000 W 105th St, spoke against the proposed development. Eric Neuer, 10505 S Chesney Lane, spoke about the proposed development. Doug Patterson, 4630 W 137th St, Leawood, spoke about the proposed development. Councilmember Brownlee stated she thought the area in question was considered a transition area. Ms. Hollingsworth stated she was not sure where that information was seen. Mayor Bacon asked if the next business item, the R-3 rezoning passes could the street alignment be changed to accommodate a different traffic pattern. Ms. Hollingsworth stated if a change would be needed there are processes to work through that. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-57, RZ21-0014. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of RZ21-0015, requesting approval of a rezoning from the CTY RUR (County Rural) District to the R-3 (Low-Density Multifamily) District for Woodland Forest Apartment Homes on approximately 33.89 acres; located southeast of Highway K-10 and Woodland Road. Planning Commission recommends denial 7 to 0. Motion by Brownlee, seconded by McCoy, to remand the item back to the Planning Commission: The motion carried with the following vote: Yes: Brownlee, McCoy, Bacon, and Gilmore No: Campbell, Mickelson, and Vogt E. Consideration of RZ21-0016, requesting approval of a rezoning from the Page 8 of 11 City Council Meeting Minutes December 7, 2021 CTY RUR (County Rural) District to the C-2 (Community Center) District for Woodland Forest Shops on approximately 4.32 acres; located southeast of Highway K-10 and Woodland Road. Planning Commission recommends denial 7 to 0. This item was withdrawn by the applicant and not heard by the council. F. Consideration of Ordinance No. 21-58 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $18,525,000 to Integris BioServices LLC, Series 2021, for the construction of an approximately 70,000 sq. ft. laboratory services facility in the Kansas Bioscience Park Financial Strategy Manager, John Page, provided a presentation to the council. Councilmember Mickelson stated that this is the type of project that he wants to see the city incentivize to come in. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-58. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 8. NEW CITY COUNCIL BUSINESS Councilmember Brownlee stated that it is a long held belief to not have single family homes close to the highway and the city has to be careful where they put them. She also added her fondest memories of Bob Dole was being a delegate at the 1996 Republican Convention and his ability to make friends no matter your beliefs. Councilmember Vogt stated she hopes to see more respect and kindness that Bob Dole showed in the politicians of today. She also thanked Parks and Recreation for the tree lighting ceremony. Councilmember Campbell thanked staff for being sound and solid in how the items are delivered to the council. He wished staff happy holidays. Councilmember McCoy stated the lighting ceremony was a great event and a lot of funds were raised for the Mayor's Children's Fund. Councilmember Mickelson thanked staff for a great Christmas tree lighting. Page 9 of 11 City Council Meeting Minutes December 7, 2021 Mayor Bacon thanked everyone for attending Eggstravaganza and thanked First Watch for the use of the facility and food. He also mentioned the 80th anniversary of Pearl Harbor and thanked those that have served or do serve in the military. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Persons wanting to speak regarding a general concern must sign up no later than 30 minutes prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, emailing CCO@Olatheks.org or in person at City Hall. The Council has allocated up to 3 minutes per speaker, and up to 30 minutes total for this portion of the meeting. No speakers signed up to speak. 11. 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 an Annexation Agreement and Petition submitted by the Linn Trust regarding the annexation of approximately 152.015 acres at the southwest corner of 167th Street and Black Bob Road. Report Accepted 12. ADDITIONAL ITEMS Councilmember Vogt stated she would not be at the next council meeting and wished everyone a Merry Christmas and thanked staff for the hard work over the last year. Councilmember Brownlee stated she participated in the Olathe Medical Center's annual gala event. She added that it was a unique event done as a drive through light show. 13. ADJOURNMENT The meeting was adjourned at 9:44 P.M. Eric Strimple Page 10 of 11 City Council Meeting Minutes December 7, 2021 Assistant City Clerk Page 11 of 11