A. Discussion of matters pertaining to a development agreement and property acquisition.

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1 The met in regular session at 6:15 p.m. with Mayor Pro-Tem Randall presiding. Councilmembers Bacon, McCoy and Vogt were present. Mayor Copeland and Councilmembers Ryckman and Campbell were absent. Also present were City Manager Wilkes and City Attorney Shaver. 1. CALL TO ORDER 2. EXECUTIVE SESSION 6:15 P.M. Motion by Bacon, seconded by Vogt, to recess into an executive session for 40 minutes under the personnel and the attorney-client privilege exceptions to the Kansas Open Meetings Law to discuss the following items. Passed 4-0. A. Discussion of matters pertaining to a development agreement and property acquisition. B. Discussion of matters pertaining to potential litigation involving a provision of the Olathe Municipal Code. The meeting recessed at 6:15 p.m. Mayor Copeland arrived at 6:17 p.m. 3. RECONVENE FROM EXECUTIVE SESSION The meeting reconvened at 7:00 p.m. with Mayor Copeland presiding. He directed staff to proceed with strategies as discussed in executive session. 4. BEGIN TELEVISED SESSION 7:00 P.M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS AWARDS A. Bob Hamilton presented the American Automobile Association Community Traffic Safety Award to the Police Department Traffic Unit. APPOINTMENTS B. Resolution No reappointing members to the Parks & Recreation Foundation Board was considered. Motion by Randall, seconded by Bacon, to approve Resolution No Passed 5-0. Councilmember Ryckman arrived at 7:08 p.m. C. Resolution No reappointing members to the Street Maintenance Sales Tax Finance Oversight Committee was considered. 1

2 Motion by Randall, seconded by Bacon, to approve Resolution No PUBLIC HEARINGS ECONOMIC DEVELOPMENT A. Consideration of Resolution No establishing a Master Resolution expressing intent to issue Industrial Revenue bonds in one or more series and tax abatement on behalf of Opus Development Corporation, LLC for the establishment of an industrial park located at the southeast corner of Old 56 Highway and Lone Elm Road was considered. Motion by Randall, seconded by Bacon, to approve Resolution No B. A Public Hearing regarding a request by Opus Development Corporation, LLC for issuance of industrial revenue bonds and tax abatement for a new distribution facility under the Master Resolution for the Opus 56/Lone Elm business Park (Project #1) was opened. No one appeared to speak. Motion by Randall, seconded by Bacon, to close the public hearing. Passed 6-0. C. Resolution No expressing intent to issue industrial revenue bonds and tax abatement on behalf of Opus Development Corporation, LLC for issuance of industrial revenue bonds and tax abatement for a new distribution facility under the Master Resolution for the Opus 56/Lone Elm business park (Project #1) was considered. Motion by Randall, seconded by Bacon, to approve Resolution No CONSENT AGENDA Councilmember Vogt requested removal of Item I for separate consideration. Motion by Randall, seconded by Bacon, to approve the consent agenda with the exception of Item I. MINUTES A. Council meeting minutes of March 1, 2016 were approved. LICENSES B. Drinking establishment license applications for Red Robin and Smashburger were approved. EXPENSES C. A business expense statement for City Manager Michael Wilkes for expenses incurred to attend the National League of Cities Congressional Cities Conference in Washington, D.C. March 6 9, 2016 was approved. 2

3 PLATS D. A final plat (P ) for Stonebridge Park 4 th Plat containing 35 lots and 2 tracts on 20.6± acres; located in the vicinity of 167 th Street and Black Bob Road, was approved. E. A final plat (P ) for Old 56 Highway and Lone Elm Commerce Center containing 2 lots and 2 tracts on 22.95± acres; located at the southeast corner of Old US-56 Highway and Lone Elm Road, was approved. F. The Consent Calendar was approved. 1. Project Completion Certificates a. South Cedar Creek Phase IV Sanitary Sewer Benefit District 1-B Sanitary Sewer was approved. b. Covington Creek 3-D Storm Sewers was approved. c. Stonebridge Park 3 rd Plat 3-D Storm Sewers was approved. 2. Change Orders a. South Cedar Creek Phase IV Sanitary Sewer Benefit District 1-B , was approved. 3. Final Payment to Contractors a. South Cedar Creek Phase IV Sanitary Sewer Benefit District Project 1-B , was approved. Final Payment $ 53, Paid to Date $ 728, Original Contract Amount Total Change Orders $ $ 758, , Change Order 1: $21, (11/18/15) Change Order 2: $1,450 (2/12/16) Change Order 3 - Final: $1, Final Contract Amount $ 781, Contractor Site Rite Construction Co. G. An Inter-local Agreement with the Board of County Commissioners of Johnson County, Kansas for 2016 County Assistance Road System (CARS) funding of street projects was approved. H. A Professional Services Agreement with Schlagel & Associates, P.A. for design of the Shadow Circle Curb Replacement and Street Improvement Project, PN 3-P , was approved. I. Resolution No authorizing funding for the Santa Fe Street & Ridgeview Road Geometric Improvements Project, PN 3-C , was REMOVED FOR SEPARATE CONSIDERATION. 3

4 J. Resolution No authorizing funding for the Traffic Signal Project, PN 3-C , was approved. K. Resolution No authorizing funding for the Advanced Transportation Management System (ATMS) Replacement and Repair Project, PN 3-C , was approved. L. Resolution No in support of the Mid-America Regional Council funding applications and candidate projects was approved. M. Resolution No authorizing funding for the Kansas City Power & Light Street Light Buyout Project, PN 3-C , was approved. CONTRACTS N. Award of contract to Hackney Emergency Vehicles, Inc., for the purchase and replacement of one (1) International Hackney fire apparatus for the Fire Department was approved. O. Renewal of contract with Gerken Rent-All for portable toilet rental services for the Parks Department and for special City events was approved. ITEMS FOR SEPARATE CONSIDERATION: Item I: AGREEMENTS Resolution No authorizing funding for the Santa Fe Street & Ridgeview Road Geometric Improvements Project, PN 3-C , was considered. Councilmember Vogt asked for information about how the improvements will take place. Celia Duran explained Public Works has a concept due to the QuikTrip that will be moving to the northwest corner of the intersection. However, staff needs to wait for design to determine what exactly needs to be done. Motion by Vogt, seconded by Bacon, to approve Resolution No NEW BUSINESS PLANNING VACATIONS A. Ordinance (VAC ) for a vacation of right-of-way at Garmin located at 151 st Street and Ridgeview Road was removed from the agenda at the applicant s request. B. Ordinance (VAC ) vacating a waterline easement at 1200 E. 151 st Street (Garmin International) was considered. Motion by Randall, seconded by Bacon, to approve Ordinance No PLANNING C. Ordinance adopting the 2015 Annual Update to the City of Olathe Comprehensive Plan, PlanOlathe (CPA-15-01), was considered. 4

5 Motion by Randall, seconded by Bacon, to approve Ordinance No UNIFIED DEVELOPMENT ORDINANCE D. Ordinance adopting amendments (2015 Annual Update) to Title 18 Unified Development Ordinance (UDO ) was considered. Motion by Randall, seconded by Bacon, to approve Ordinance No NEW CITY COUNCIL BUSINESS None 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Terence McIff, Iowa Street, addressed the Council asking them to examine the City s current planning and approval processes as he believes there is room for improvement. 12. CONVENE FOR PLANNING SESSION A. REPORTS EMERGENCY SERVICES 1. A report regarding Fire Department re-accreditation activities was accepted. PUBLIC ART 2. A report on Public Art Policy was accepted. 3. A report on the I-35 & 119 th Street Interchange Improvements Preliminary Engineering Project, PN 3-C , was accepted. 4. A report on the 143 rd Street & Black Bob Road Geometric Improvements Project; PN 3-C , was accepted. 5. A report on the Downtown Trash Enclosure Project was accepted. B. DISCUSSION ITEMS RECREATION 1. A presentation of the Lake Olathe and Cedar Lake Master Plan was completed by city consultant, Confluence. Councilmember Vogt would like to see more of a wow factor at the Cedar Lake site. Councilmember Ryckman believes this project would be a great opportunity for the city to partner with Johnson County Government. 5

6 Clifton Bencke, 806 N. Persimmon Drive, addressed the Council asking them to ensure the wildlife (bald eagles and migratory birds) remain protected in these two areas. Mr. Bencke does not believe zip lining helps children stay connected to nature like the proposed camping and fishing activities. He suggested the zip line costs be used elsewhere in the park perhaps for additional water activities. 2. A presentation on the status of the Environmental Laboratory Project, PN 6-C , was completed by Jeff Blakeman. FIRE DEPARTMENT 3. A presentation of the Fire Department s Activities and Initiatives was completed. 13. ADDITIONAL ITEMS Councilmember Vogt asked the Public Works Department to provide Council with an update on the city sidewalks program. Alan Shorthouse explained that Public Works will be providing Council with a report at the April 5 th meeting outlining what is currently being done along with proposed enhancements to the sidewalk program. Councilmember Vogt asked that the report include funding options. Mayor Copeland asked the Council to provide them with agenda topics for the upcoming Governing Body retreat. 14. ADJOURNMENT The meeting adjourned at 9:36 p.m. City Clerk 6