City Council

City of Spring Hill, Kansas Minutes of City Council Regular Session January 25, 2024 A Regular Session of the City Council was held in the Spring Hill Civic Center, 401 N. Madison, Council Chambers, Spring Hill, Kansas on January 25, 2024. The meeting convened at 7:00p.m. with Mayor Berkey presiding and Glenda Gerrity, City Clerk, recording. Councilmembers in attendance: Kristin Feeback Brian Peel Chad Young Wendy North Chip VanHouden Staff in attendance: Lane Massey, City Administrator Patrick Burton, Community Development Director Rhonda Dunn, Finance Director Cindy Henson, Chief of Police Jacob Speer, Public Works Director Monakisha Jones, Human Resources Director Consultants in attendance: Spencer Low, City Attorney INVOCATION The invocation was given by Pastor Sarah Terrell. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. ROLL CALL The City Clerk called the roll of the City Council. With a quorum present, the meeting commenced. APPROVAL OF THE AGENDA The mayor requested to remove the Presentation for the Spring Hill Debt Update. Motion by Young, seconded by North, to approve the agenda as amended. Motion carried 5-0-0. PRESENTATION - Spring Hill Debt Update, Baker Tilly This item was deleted Spring Hill City Council Regular Session Minutes January 25, 2024 Page 1 of 6 CITIZEN PARTICIPATION The following individuals spoke in opposition to Item 10. Site Plan Application for the Spring Hill Travel Plaza: • Kevin Schmidt, 18917 Redbud Lane, Spring Hill, KS • Rex Schick, 16295 W. 183rd Street, Olathe, KS • Chuck Morse,18460 S. Ridgeview Road, Olathe, KS • Brittany Green, 18475 W. 183rd Street, Olathe, KS • Brent Peterson, 18209 S. Brentwood Drive, Olathe, KS • Gayle Strahan, 21470 W. 181st Terr, Olathe, KS • Jami Cochran,18233 S. Lone Elm, Olathe, KS • Alan Buster, 22677 W. 183rd Street, Olathe, KS • Ron Aarts, 21139 W. 186th Terr, Spring Hill, KS • Sam Eltomi, 18264 S. Brentwood Drive, Olathe, KS • Dr. Michael Harwood, 22750 W. 183rd Street, Olathe, KS • Tom Fauglid, 21400 W. 181st Street, Olathe, KS • Steven Sanford, 19795 W. 183rd Street, Olathe, KS • Linda Harwood, 22750 W. 183rd Street, Olathe, KS • Mary Beth Laughlin, 19125 W. 183rd Street, Olathe, KS • Steve Laughlin, 19125 W. 183rd Street, Olathe, KS • Debbie Dominick, 19299 W. 209th Street, Spring Hill, KS • Leah Langley, 18233 Lone Elm Road, Olathe, KS • Derek Buckridge, 20456 W. 220th Terr, Spring Hill, KS Curtis Holland, Attorney for the applicant of Item 10. Site Plan, requested to provide his comments during the presentation of the item. CONSENT AGENDA Motion by Young, seconded by North, to approve the consent agenda as presented. 1. Consider Approval of Cereal Malt Beverage License: Super Stop, LLC d/b/a Super Stop, 22361 S. Harrison Street 2. Consider Approval of Appropriation Order No. 2024-01-25 3. Consider Approval of New Exhibit A to the Contract with Waste Management 4. Consider Acceptance of Bid from Crutcher Technology for Purchase and Installation of security cameras at Veterans Park 5. Consider Approval of the Letter of Understanding Between the City of Spring Hill and Johnson County Aging and Human Services for its Utility Assistance Program 6. Consider Approval of Agreement with Purple Wave Auction 7. Consider Approval of Final Plat Application (PLAT-000132-2023) – Cummins Property, Seventh Plat, Phelps Engineering 8. Consider Approval of Site Plan Application (PLAT-000133-2023) – Cummins Property, Seventh, Phelps Engineering 9. Consider Approval of Final Plat Application (PLAT-000130-2023) – Woodland Crossing South, Third Plat, Phelps Engineering Spring Hill City Council Regular Session Minutes January 25, 2024 Page 2 of 6 Motion carried 5-0-0. FORMAL COUNCIL ACTION 10. Consider Approval of Site Plan Application (PLAT-000139-2023) – Spring Hill Travel Plaza, Kimley- Horn Motion by Young, seconded by VanHouden, for a 10 -minute break and to return at 9:18p.m. Motion carried 5-0-0. At 9:18p.m., everyone returned, and the meeting continued. Motion by Young, to approve Site Plan SP000139-2023 for Travel Plaza. Motion failed due to lack of a second. Motion by North, seconded by Feeback, to table the Site Plan to the next meeting (February 8, 2024). Motion carried 5-0-0. 11. Consider Appointment of Board Member for Planning Commission, City Representative The mayor nominated Mary Dobson to serve as the City Representative on the Planning Commission. Ms. Dobson was serving as the Johnson County Representative but moved to the city limits. (Ms. Dobson will fill the vacant seat from February 2024 – February 2027). It was the consensus of the City Council to approve the mayor’s appointment of Ms. Dobson. 12. Consider Approval of Ordinance No. 2024-01: Rezoning Application (Z-000140-2023) – R-R to R- 1, BR Estates at Arizona, LLC Motion by Young, seconded by Peel, to approve Ordinance No. 2024-01, rezoning application Z- 000140-2023 from R-R to R-1. Motion carried by roll call of the Governing Body 6-0-0. Peel-yes, Young-yes, North-yes, VanHouden-yes, Feeback-yes, Berkey-yes. 13. Consider Approval of Ordinance No. 2024-02: Rezoning Application (Z-000141-2023) – R-R to R- 2, BR Estates at Arizona, LLC Motion by Young, seconded by VanHouden, to approve Ordinance No. 2024-02, rezoning application Z-000141-2023 moving from R-R to R-2. Motion carried by roll call of the Governing Body 6-0-0. Young-yes, North-yes, VanHouden-yes, Feeback-yes, Peel-yes, Berkey-yes. Spring Hill City Council Regular Session Minutes January 25, 2024 Page 3 of 6 14. Consider Approval of Ordinance No. 2024-03: Rezoning Application (PZD-000123-2023) – MP to RP-4, Ad Astra Development Motion by Young, seconded by Feeback, to approve Ordinance No. 2024-03, rezoning application PZD-000123-2023 changing from MP to RP-4. Motion carried by roll call of the Governing Body 6-0-0. North-yes, VanHouden-yes, Feeback-yes, Peel-yes, Young-yes, Berkey-yes. 15. Consider Supplemental Task Agreement No. 2022-07-SUP-FINAL with Lamp Rynearson for 2023 Street Maintenance Project – Base Repair and Crack Seal – Supplemental in the Amount of $10,400 Motion by Young, seconded by VanHouden, to approve supplemental task order with Lamp Rynearson for design, bidding, construction administration (in the amount of $10,400). Motion carried 5-0-0. 16. Consider Task Agreement No. 2024-01 with Lamp Rynearson for 2024 Street Maintenance Project – Base Repair, Crack Seal and Chip Seal in the Amount of $63,600 Motion by Young, seconded by VanHouden, to approve task order with Lamp Rynearson for design, bidding, construction administration and construction observation services for the 2024 Street Maintenance project in the amount of $63,600.00. Motion carried 5-0-0. 17. Consider Task Agreement No. 2024-02 with Lamp Rynearson for 2023 CARS 199th Street Pre- Construction Phase Services in the Amount of $38,718 Motion by Young, seconded by Peel, to approve Task Order for Pre-Construction Services for Lamp Rynearson - 2023 CARS 199th Street (Ridgeview to Renner Project). Motion carried 5-0-0. 18. Consider Adoption of Resolution No. 2024-R-01: Establish Monthly Trash User Charges Motion by Young, seconded by VanHouden, to approve Resolution No. 2024-R-01, establishing monthly trash user charges. Motion carried 5-0-0. 19. Consider Approval to Payoff Bond Series 2016A in the Amount of $122,064 Motion by Young, seconded by Peel, to approve proceeding to payoff Bond Series 2016A and direct the City Clerk to sign the letter to the Kansas State Treasurer. Motion carried 5-0-0. 20. Consider Approval of Authorization to Pay off KDHE, Kansas Public Water Supply Loan Fund No. 2367 in the amount of $194,094.55 Motion by Young, seconded by Feeback, to approve the payoff of KDHE Loan #2367 in the amount of $194,094.55 to the Kansas Department of Health and Environment and authorize the mayor to execute the documents. Motin carried 5-0-0. Spring Hill City Council Regular Session Minutes January 25, 2024 Page 4 of 6 21. Consider Approval of Final Payment Application for Sands Construction at Veterans Park Project in the amount of $31,974.04 Motion by Young, seconded by North, to approve the final pay application with Sands Construction for services at Veterans Park, in the amount of $31,974.04. Motion carried 5-0-0. ANNOUNCEMENTS AND REPORTS The Governing Body and staff presented announcements and reports. EXECUTIVE SESSION No. 1 – Attorney-Client Privilege Motion by Young, seconded by VanHouden, to recess into Executive Session for 10 minutes to receive advice of counsel to discuss actual or pending litigation pursuant to K.S.A. 75-4319 (b) (2) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 10:37p.m. No formal action is anticipated following the session. Persons to be in attendance are City Administrator Lane Massey, and City Attorney Spencer Low. Motion carried 5-0-0. The meeting recessed at 10:27p.m. The Mayor stated, let the record reflect that the Governing Body reconvened into the open meeting at 10:37p.m., with everyone present. No votes were taken, or decisions made during the executive session. The discussion was limited to the subjects stated. EXECUTIVE SESSION No. 2 – Attorney-Client Privilege Motion by Young, seconded by VanHouden, to recess into Executive Session for 10 minutes for preliminary discussion regarding the acquisition of property pursuant to K.S.A. 75-4319(b)(6) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 10:48p.m. No formal action is anticipated following the session. Persons to be in attendance are Lane Massey, City Administrator, and Spencer Low, City Attorney,. Motion carried 5-0-0. The meeting recessed at 10:38p.m. The Mayor stated, let the record reflect that the Governing Body reconvened into the open meeting at 10:48p.m., with everyone present. No votes were taken, or decisions made during the executive session. The discussion was limited to the subjects stated. Spring Hill City Council Regular Session Minutes January 25, 2024 Page 5 of 6 EXECUTIVE SESSION No. 3 – Attorney-Client Privilege Motion by Young, seconded by Feeback, to recess into Executive Session for 20 minutes to receive advice of counsel to discuss potential economic development pursuant to K.S.A. 75-4319(b)(2) of the Kansas Open Meetings Act. The open meeting will resume in the City Council Chambers at 11:08p.m. No formal action is anticipated following the session. Persons to be in attendance are Lane Massey, City Administrator and Spencer Low, City Attorney,. Motion carried 5-0-0. The meeting recessed at 10:48p.m. The Mayor stated, let the record reflect that the Governing Body reconvened into the open meeting at 11:08p.m., with everyone present. No votes were taken, or decisions made during the executive session. The discussion was limited to the subjects stated. Extended Motion by VanHouden, seconded by Peel, to extend the executive session for 5 minutes and will resume at 11:14p.m.. Motion carried 5-0-0. The meeting recessed at 11:09p.m. The Mayor stated, let the record reflect that the Governing Body reconvened into the open meeting at 11:14p.m., with everyone present. No votes were taken, or decisions made during the executive session. The discussion was limited to the subjects stated. ADJOURN Motion by Peel, seconded by VanHouden, to adjourn. Motion carried 5-0-0. The meeting was adjourned at 11:15p.m. /s/ Glenda Gerrity Glenda Gerrity, City Clerk Approved by the Governing Body on February 8, 2024. Spring Hill City Council Regular Session Minutes January 25, 2024 Page 6 of 6