City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | April 5, 2022 | 6:30 PM 1. CALL TO ORDER Present: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy 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: Motion by Gilmore, seconded by Vogt, to recess into executive session 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 City of Olathe v. Engineering Solutions & Design, Inc., Johnson County District Court Case No. 20CV05272; And 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 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 City Manager, for 29 minutes. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy A. 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 City of Olathe v. Engineering Solutions & Design, Inc., Johnson County District Court Case No. 20CV05272. 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. Page 1 of 11 City Council Meeting Minutes April 5, 2022 C. 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 City Manager. 3. RECONVENE FROM EXECUTIVE SESSION Mayor Bacon stated that no motions would be made until Council recessed back into executive session at the end of the meeting. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Proclamation declaring Olathe as a Seven Days Supportive City. Mayor Bacon presented the proclamation to Kelsey Parker from the Seven Days Foundation. Ms. Parker thanked the council for their continued support. B. Recognition of Olathe high school student champions. Mayor Bacon presented City of Champion awards to students and teams from the Olathe high schools for their accomplishments in wrestling, soccer, gymnastics, and swimming. C. Consideration of Resolution No. 22-1028 appointing members to the Planning Commission. Mayor Bacon presented certificates of appointment to Keith Brown and Tony Bergida. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1028, appointing members to the Planning Commission. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy 7. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda as presented. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy A. Consideration of approval of the City Council meeting minutes of March 15, 2022 and March 29, 2022. Page 2 of 11 City Council Meeting Minutes April 5, 2022 Approved B. Consideration of new drinking establishment application for CBOCS West LLC, d/b/a Cracker Barrel. Approved C. Acceptance of bid and consideration of contract award to Charlesworth Consulting, LLC for risk management services. Approved D. Request for the acceptance of the dedication of land for public easements for a final plat of Parkside Business Center, Fourth Plat (FP22-0007), containing one (1) lot on approximately 1.07 acres; located at 623 N. Central Street. Planning Commission approved the plat 7 to 0. Approved E. Consideration of Consent Calendar Approved F. Consideration of bid and award of project to Mayer Specialty Services, LLC for Spruce Business Park Pipe Lining Project, PN 2-C-104-21. Approved G. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders, LLC for construction of the 135th Street and Pflumm Road Geometric Improvements Project, PN 3-C-110-20. Approved H. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders, LLC for construction of the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Approved I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Freeman Concrete Construction, LLC for construction of the 2022 Local and Collector Street Mill and Overlay Project - Group A, PN 3-P-005-22. Approved J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders, LLC for the Olathe Compost Pad Project, PN 6-C-022-18. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Miles Excavating, Inc. for construction of the Ridgeview Road Arterial Mill and Overlay Project, PN 3-P-003-22. Page 3 of 11 City Council Meeting Minutes April 5, 2022 Approved L. Consideration of renewal of contract to Kansas City Fire and Security, LLC for alarm monitoring, service and annual UL testing for City of Olathe Facilities. Approved M. Consideration of award of contract to R.E. Pedrotti Company, Inc. for SCADA services for the Environmental Services Division of Infrastructure. Approved N. Acceptance of bids and consideration of award of contract to Shawnee Mission Ford for the purchase and replacement of vehicles for the Police Department. Approved O. Consideration of contract with Lockton to conduct a comprehensive compensation study for the City of Olathe. Approved 8. NEW BUSINESS A. Consideration of Ordinance 22-13 (ANX22-0002) annexing approximately 152.32 acres of land, located north of 175th Street and west of Mur-Len Road, into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-13 as presented. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy B. Consideration of Ordinance No. 22-14 (RZ22-0001), requesting approval of a rezoning from the R-4 (Residential Medium-Density Multifamily) and C-3 (Regional Center) Districts to the R-4 (Residential Medium-Density Multifamily) District and a preliminary site development plan for Elevate Safepoint Senior Living on approximately 6.76 acres; located northwest of Millridge Street and Spruce Street. Planning Commission recommends approval 5 to 0. Senior Planner, Kim Hollingsworth, provided a presentation. Coucilmember Mickelson asked about the number of parking spaces in the development and voiced concerns about street parking that currently takes place on Millridge Street potentially blocking entrances. Ms. Hollingsworth stated there will be 66 spaces on the site. City Engineer, Nate Baldwin, stated he would look into Page 4 of 11 City Council Meeting Minutes April 5, 2022 the parking on Millridge Street and get back to Councilmember Mickelson. Councilmember Vogt asked about pedestrian access on the western side of the development. Ms. Hollingsworth stated that sidewalks would be along the streets on the western portion. Mayor Bacon asked if the triplexes will have individual trash carts or a common trash receptacle. Ms. Hollingsworth stated it would be a common trash receptacle. Mayor Bacon asked if there would be a deed restriction on storage in the carport. Ms. Hollingsworth stated they would look at the deed restrictions when they receive them for review. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-14 as presented. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy C. Consideration of Ordinance No. 22-15, RZ22-0002, requesting approval for a rezoning from the CTY RUR (County Rural) District to the R-1 (Residential Single-Family) District and a preliminary plat for Parkside Reserve on approximately 152.65 acres; located southwest of the intersection of W. 167th Street and Black Bob Road. Planning Commission recommends approval 5-0. Planner II, Zachary Moore, provided a presentation. Councilmember Felter asked for clarification on the flood control and how it is being addressed. Development Review Manager, Chet Belcher, provided an update on the regional detention project taking place on Coffee Creek. Councilmember Vogt asked about traffic flow through the development, pedestrian access on the site, and the number of parking spots for the recreation area. Mr. Moore stated no pedestrian access will be placed over Coffee Creek, but sidewalks throughout the development and along Brougham Dr. would connect the development. Mr. Moore also stated the parking spots would be part of the final development plan. Councilmember Vogt stated the proposed trail along the creek is not currently in the CIP. Page 5 of 11 City Council Meeting Minutes April 5, 2022 Councilmember Vogt is also concerned about the size of the recreation area and the available parking for it. Councilmember Mickelson stated he feels the number of parking spaces for the pool needs to be higher since there is a lack of walking access. Mayor Bacon asked about the potential of right-of-way sidewalks to connect to a trail system. Mr. Moore showed multiple points in the development that could potentially be used for access. Mayor Bacon also wanted clarification on when a trail and bridge may be placed for access at and over Coffee Creek. Mr. Moore stated it could be looked at after the first four phases, or approximately 2 years. Councilmember Felter stated she appreciates the smaller lot sizes, bringing more affordable housing to Olathe. Jim Justice, 15075 W 167th Terr., spoke about his concerns with the potential flooding of his property if the site is developed. Mr. Belcher, stated that there will be a 23% reduction of flow by the time water gets to Mr. Justice's property. He added that assumes the 2000 acres upstream is developed. Councilmember Gilmore asked for clarification if the retention project was happening to the west of the proposed project. Mr. Belcher stated yes. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-15. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy D. Consideration of Resolution No. 22-1029 authorizing a survey and description of land or interest to be condemned for the Lone Elm Road, Old 56 Hwy to 151st Street, Improvements Project, PN 3-C-084-17. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1029. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy Page 6 of 11 City Council Meeting Minutes April 5, 2022 E. Consideration of Ordinance No. 22-16 approving an engineer’s survey and authorizing the acquisition of land for the Lone Elm Road, Old 56 Hwy to 151st Street, Improvements Project, PN 3-C-084-17. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-16. The motion carried by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy 9. NEW CITY COUNCIL BUSINESS Councilmember Felter stated she had a good time at the NSBA conference. Councilmember Gilmore stated he had the privilege to attend the Jadon Burk's Bug Run and presented them with a proclamation. Councilmember Gilmore read the proclamation. Councilmember Vogt congratulated all the Olathe high school athletes and also the KU men's basketball team. Councilmember Mickelson stated he would strongly encourage adding improvements to College Blvd, west of Clare Rd. to the CIP during 2023 budget. Councilmember Essex stated she had the privilege to visit with staff, see presentations and learn all about what they do. Councilmember Essex thanked staff for taking the time to meet with her. Mayor Bacon stated he enjoyed the police honors awards and noted that the Olathe Farmers Market is opening at the end of April. 10. END OF TELEVISED SESSION 11. 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. None heard. 12. CONVENE FOR PLANNING SESSION Page 7 of 11 City Council Meeting Minutes April 5, 2022 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 a request by Griswold Industries for a single-phase project under a master resolution totaling 15,800 square feet of industrial space in the Grayson Enterprise LLC master resolution. Councilmember Mickelson asked for an explanation on the salaries in the report to be provided. Financial Strategy Manager, John Page, stated he would provide the information. Report accepted. 2. Report regarding proposed amendments to Title 18 Unified Development Ordinance pertaining to Chapters 18.10, 18.20, 18.30 18.40, 18.50 and 18.94 of the Unified Development Ordinance (UDO22-0001). Councilmember Mickelson stated the wording on page 3, under the heading "standards" where it states, "The ADU, detached or attached, must be set back at least six feet behind the front of the principal structure and set back," is confusing. Senior Planner, Kim Hollingsworth, provided an explanation of wording. Report accepted. 3. Report regarding proposed amendments to Chapter 3.60 of the Olathe Municipal Code pertaining to the Risk Management Policy. Councilmember Gilmore asked for clarification on the rational for the lowering of the rating from A to A- or above. Deputy City Attorney, Chris Grunewald, provided an explanation to the council on the change. Report accepted. 4. Report regarding amendments to Section 7.02.040 of the Olathe Municipal Code pertaining to Consumption on Public Property, and the addition of Chapter 7.22 to the Olathe Municipal Code establishing the Downtown Olathe Common Consumption Area. Mayor Bacon asked why City Hall and the gravel lot just north Page 8 of 11 City Council Meeting Minutes April 5, 2022 of the post office were not included in the common consumption area map. City Attorney, Ron Shaver, stated they can add those two areas. Report accepted. B. DISCUSSION ITEMS 1. Discussion of the Police Building Expansion Phase II project, PN 6-C-010-20. Chief Butaud and Senior Build Design Manager, Jeff Blakeman, provided a presentation to the council. Councilmember Mickelson asked for some examples on where costs were cut. Mr. Blakeman provided examples. Councilmember Felter asked what types of soft cost reductions were made. Mr. Blakeman stated that Chief Butaud is looking to make adjustments in his FF&E budget to find the $700k. Councilmember Vogt asked about the potential FF&E grant. Chief Butaud said there are funds that may be available, but they need to apply for them. Councilmember Gilmore asked at what point they would be looking at adding more funds. Mr.Blakeman indicated it will be in June with bid package #3 before the amounts will be known. 2. Discussion on the Parks and Recreation Master Plan. Park Project Manager, Tod Hueser, provided a presentation to the council. Councilmember Vogt, asked who PROS has worked with in the area before. Mr. Hueser stated PROS completed the 2014 Parks and Recreation Master Plan for the city. 13. EXECUTIVE SESSION Page 9 of 11 City Council Meeting Minutes April 5, 2022 Consideration of motion to recess into an executive session to discuss the following items: Motion by Gilmore, seconded by Vogt, to return to executive session for reasons previously listed, for 60 minutes. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy Motion by Bacon, seconded by Gilmore, to return to executive session for 15 additional minutes. The motion carried by the following vote: Mayor Bacon, Councilmember Gilmore, Councilmember Essex, Councilmember Mickelson, all voting yes. 14. RECONVENE FROM EXECUTIVE SESSION Executive Session Item A: Motion by Gilmore, seconded by Vogt, to authorize the City Attorney to finalize, and the Mayor to execute, a settlement agreement and release with Engineering Solutions & Design, Inc., and Jack Chappelle. Motion passed 6-0. Executive Session Item B: Motion by Gilmore, seconded by Vogt, to authorize staff to proceed with the strategies discussed with and directed by the Governing Body. Motion passed 6-0. Executive Session Item C: Mayor Bacon stated the Council was pleased with the leadership of City Manager Michael Wilkes and looked forward to another year. 15. ADDITIONAL ITEMS Councilmember Vogt asked if the 2022 budget will have to be amended for the police expansion project. City Manager, Michael Wilkes, stated the authorization would have to be changed and the CIP updated. Mayor Bacon stated there will be a ribbon cutting at 10:00 AM on Saturday, April 9th for Cedar Niles Park. Page 10 of 11 City Council Meeting Minutes April 5, 2022 16. ADJOURNMENT The meeting was adjourned at 10:20 PM. Eric Strimple Assistant City Clerk Page 11 of 11