The Olathe City Council met in regular session at 7:00 p.m. with Mayor Copeland presiding. Councilmembers McCoy, Vogt, Randall, Bacon, Campbell and Ryckman were present. Also present were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS APPOINTMENTS A. Resolution No. 17-1049 appointing Neida Heusinkvelt and reappointing Andrew Schoonover as members to the Parks & Recreation Foundation Board was approved. Motion by Randall, seconded by Bacon, to approve Resolution No. 17-1049. RECOGNITIONS B. Mayor Copeland recognized Olathe high school state champions and academic achievers. 5. PUBLIC HEARINGS ECONOMIC DEVELOPMENT A. Public hearing regarding the adoption of a redevelopment project plan for the Olathe Ridgeview tax increment financing redevelopment district at the southwest corner of K-10 Highway and Ridgeview Road was opened. No one appeared to speak. Motion by Randall, seconded by Bacon, to close the public hearing. Passed 7-0 A.1. Ordinance No. 17-34 revising the boundary of the Olathe Ridgeview tax increment financing district located at the southwest corner of K-10 Highway and Ridgeview Road. Motion by Randall, seconded by Bacon, to approve Ordinance No. 17-34. A.2. Ordinance No. 17-35 adopting a redevelopment project plan and approving a development agreement for the Olathe Ridgeview redevelopment project at the southwest corner of K-10 Highway and Ridgeview Road. Motion by Randall, seconded by Bacon, to approve Ordinance No. 17-35. 1
A.3 Resolution No. 17-1050 expressing the intent to issue industrial revenue bonds on behalf of Ridgeview Equities, LLC for a commercial project at the southwest corner of K-10 Highway and Ridgeview Road. (Sales tax exemption on building materials only) Motion by Randall, seconded by Bacon, to approve Resolution No. 17-1050. A.4 Ordinance No. 17-36 authorizing the creation of the Ridgeview Marketplace Community Improvement District located at the southwest corner of K-10 Highway and Ridgeview Road. Motion by Randall, seconded by Bacon, to approve Ordinance No. 17-36 B. Public hearing regarding a request by OSC, LLC for issuance of industrial revenues bonds and tax abatement for the construction of 9 soccer fields at the southwest corner of K-10 Highway and S. Ridgeview Road was opened. No one appeared to speak. Motion by Randall, seconded by Bacon, to close the public hearing. Passed 7-0 B.1. Resolution No. 17-1051 expressing the intent to issue industrial revenues bonds and tax abatement on behalf of OSC, LLC for the construction of 9 soccer fields at the southwest corner of K-10 Highway and S. Ridgeview Road. Motion by Randall, seconded by Bacon, to approve Resolution No. 17-1051. WEEDS C. Public hearing to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal was opened. Jasen Kandt, 10308 Howe Drive, Leawood stated that the notice he received for property at 711 S. Central Street was not his and asked that his name be removed for this property. Mayor Copeland asked that this property be removed tonight from the public hearing and considered at a future date. Hearing no other comments Mayor Copeland entertained a motion to close the hearing. Motion by Randall, seconded by Bacon, to exempt 711 S. Central from the hearing and close the public hearing. Passed 7-0 BUDGET D. Public hearing to hear comments regarding the proposed City of Olathe 2018/2019 Budget was opened. 2
Budget Manager Matt Randall completed a brief presentation covering the 2018/2019 budget. Mr. Randall stated that the mill levy for the proposed 2018 budget has a proposed reduction of a quarter of a mill. Kevin Wattenbarger, 15201 S. Seminole Drive, Olathe, President of the Olathe Professional Fire Fighters Association IFFO Local 2542 presented concerns that Fire Station 8 was not included in the 2018 budget and asked the City to consider. Hearing no other comments Mayor Copeland entertained a motion to close the public hearing. Motion by Randall, seconded by Bacon, to close the public hearing. Passed 7-0 Mayor Copeland stated public safety is our number one priority and directed staff to provide the Governing Body with data prior to the next Council meeting. 6. CONSENT AGENDA Mayor Copeland requested item L be considered separately. Councilmember Campbell requested item D be considered separately. Motion by Randall, seconded by Bacon, to approve the consent agenda with the exception of Item s D and L. MINUTES A. Council meeting minutes of July 18 and July 25, 2017 were approved. LICENSES B. Drinking establishment license applications for Applebee s Neighborhood Grill & Bar #51009,Sake Restaurant, KMacho s Mexican Restaurant & Cantina, LLC, Rajmahal Indian Restaurant were approved. C. Pawnbroker/precious metal dealer license application for Alpha Pawn & Cash was approved. REZONING D. Consideration of findings of fact and a decision regarding the denial of Ordinance 17-11, RZ-16-012, requesting a rezoning from Johnson County RUR to R-3 (Residential Low-Density Multifamily) and a preliminary development plan for Madison Falls Apartments on 38.85± acres; located in the vicinity of 167th Street and U.S. 169 Highway was REMOVED FOR SEPARATE CONSIDERATION. SEWER ENLARGEMENT E. Resolution 17-1052 (PLN-17-004) requesting the city s consent to the enlargement of Consolidated Main Sewer District at Willows Crossing, 1st and 2nd Plat; located in the vicinity of the southeast corner of 143rd Street and Pflumm Road was approved. 3
AGREEMENT F. Continuation of an Inter-local Agreement with USD 233 providing for School Resource Officers was approved. PROJECTS G. Consent Calendar was approved. 1. Project Completion Certificates a. Valley Ridge Storm Sewers 1st and 2nd Plat 3-D-094-08 Storm Sewers was approved. b. Olathe Medical Services Olathe Clinic Waterline 5-D- 046-16 Waterlines was approved. 2. Change Orders a. None 3. Final Payment to Contractors a. None H. Agreement No. 105-17 with the Kansas Department of Transportation (KDOT) for funding the construction of the Ridgeview Road Turn Lane Improvement Project, PN 3-C-027-17 was approved. I. Turn Lanes Construction Agreement with TSVC, Inc. for funding the construction of the Ridgeview Road Turn Lanes Improvement Project, PN 3-C-027-17 was approved. J. Resolution No. 17-1053 authorizing the JCW Metering Vault Improvements Project, PN 1-C-044-16 was approved. K. Engineer s Estimate, acceptance of bids and award of contract to Utility Solutions, LLC for construction of the JCW Metering Vault Improvements Project, PN 1-C-044-16 was approved. L. Consideration of a Crossing Surface Installation Agreement with BNSF Railway Company for the Dennis Avenue Arterial Mill and Overlay Project, PN 3-P-001-17 was REMOVED FOR SEPARATE CONSIDERATION.. CONTRACTS M. Award of contract to Truck Component Services for the replacement of two (2) compressed natural gas-powered side loaders and one (1) compressed natural gas rear loader for the Solid Waste Division of Public Works was approved. N. Award of contract to Downing Sales and Service for the replacement of one (1) bulk grapple truck for the Solid Waste Division of Public Works was approved. O. Award of contract to Heritage Tractor, Inc. for the replacement of one (1) Skid Steer Loader for the Field Operations Division of Public Works was approved. 4
ITEMS FOR SEPARATE CONSIDERATION: Item D: Consideration of findings of fact and a decision regarding the denial of Ordinance 17-11, RZ-16-012, requesting a rezoning from Johnson County RUR to R-3 (Residential Low-Density Multifamily) and a preliminary development plan for Madison Falls Apartments on 38.85± acres; located in the vicinity of 167th Street and U.S. 169 Highway. Councilmember Campbell requested removal of this item stating that he would be voting no on this for the reasons he had given at the last City Council meeting. Motion by Randall, seconded by Bacon, to approve item D. YEA: Randall, Vogt, Copeland, Bacon, Ryckman and McCoy. NAY: Campbell. Passed 6-1 Item L Consideration of a Crossing Surface Installation Agreement with BNSF Railway Company for the Dennis Avenue Arterial Mill and Overlay Project, PN 3-P-001-17. Mayor Copeland asked for clarification of the payment invoicing in the agreement which shows $15,077 per foot pricing. Assistant City Engineer Nate Baldwin stated that was a typographical error and the correct amount is $1,577 per foot. Motion by Copeland, seconded by Bacon, to approve Item L. 7. NEW BUSINESS PUBLIC WORKS REZONING A. Ordinance No. 17-37 for (RZ-16-022) requesting approval of a rezoning from CP-2 (Community Center) to R-3 (Low-Density Multi-family) and preliminary development plan for Parkview Townhomes; located in the vicinity of Harold Street and Parker Street was considered. Owner: Greg Prieb II/Parkview Townhomes, LLC. Applicant/Engineer: Todd Allenbrand/Payne & Brockway. Planning Commission recommends approval 7-0. Planner Daniel Fernandez gave a presentation and stated Staff and the Planning Commission support the rezoning. Motion by Randall, seconded by Bacon, to approve Ordinance No. 17-37. B. Consideration of Ordinance 17-38 (RZ-17-006), requesting a rezoning from County RUR to M-2 Industrial district and preliminary development plan for Lone Elm Commerce Center on 122.5± acres; located in the vicinity of 167th Street and Lone Elm Road. Owner: Hal Wenzel/BHHJ Holdings, LLC & Dale George/Trustee of Living Trust. Applicant: Rob Heise/167 Street Land, LLC. Engineer: Judd Claussen/Phelps Engineering, Inc. Planning Commission recommends approval 4-2. 5
Senior Planner Sean Pendley completed a presentation covering the rezoning and preliminary development plan. Attorney Curtis Petersen with Polsinelli Law Firm representing the applicant gave a presentation. Councilmembers discussed with staff and Mr. Petersen traffic, stipulations, completion of a private road built to public standards and outside storage. After discussion Mr. Petersen requested a two week continuance for their items. Motion by Randall, seconded by Bacon, to continue item B rezoning and item C final plat for two weeks. PLATS C. Acceptance of the dedication of land for public easements and right-ofway for a final plat (P-17-026) for Lone Elm Commerce Center on 27.246± acres; located in the vicinity of 167th Street and Lone Elm Road was continued for two weeks. Owner: Hal Wenzel/BHHJ Holdings, LLC & Dale George/Trustee of Living Trust. Applicant: Rob Heise/167th Street Land, LLC. Engineer: Judd Claussen/Phelps Engineering, Inc. Planning Commission approved the plat 4-2. CONTINUED FOR TWO WEEKS IN MOTION FOR ITEM 8B CONTINUANCE. 8. NEW BUSINESS ADMINISTRATION ECONOMIC DEVELOPMENT A. Approve a development agreement with Holmes III LLC relating to the Olathe Station project. Administrative Services Officer Emily Vincent gave a high level overview of the item. Motion by Randall, seconded by Bacon, to approve the development agreement. B. Ordinance No. 17-39 authorizing the creation of the Olathe Station Community Improvement District. Motion by Randall, seconded by Bacon, to approve Ordinance 17-39. C. Resolution No. 17-1054 expressing the intent to issue industrial revenue bonds on behalf of Holmes III LLC for the Olathe Station project. (Sales Tax Exemption only) Motion by Randall, seconded by Bacon, to approve Resolution 17-1054. 9. NEW CITY COUNCIL BUSINESS Councilmember McCoy thanked everyone who voted today. 6
10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS None Councilmember McCoy left the meeting at 9:28 p.m. 12. CONVENE FOR PLANNING SESSION A. REPORTS MUNICIPAL CODE 1. Report regarding proposed amendments to titles 7 and 9 of the Olathe Municipal Code pertaining to Alcohol and City-owned property was accepted. 2. Report regarding proposed amendments to section 9.11.150 of the Olathe Municipal Code pertaining to noise disturbances was accepted. PROJECTS 3. Report on a Cooperative Agreement for Funding Operations of Operation Green Light Traffic Control System. Mayor Copeland and Councilmembers inquired about the program. Transportation Manager Beth Wright reported on the program. 4. Report on the recommendation of the construction manager for the Indian Creek Library Project, (PN-6-C-001-17) was accepted. CONTRACTS 5. Procurement quarterly report. Mayor Copeland inquired about the emergency order for Police Dept. software shown in the report as he understood that these were rare. Police Chief Steve Menke, and Chief Information Officer Shawn Whitcomb discussed the purchase indicating it replaced custom software that had failed and was developed years ago by a staff member no longer with the City. The software could not be fixed and necessitated purchase of the replacement. B. DISCUSSION ITEMS LEGISLATIVE PROGRAMS 1. 2017 State Legislative update presentation. City lobbyist Natalie Bright gave the presentation. MUNICIPAL COURT 2. Municipal Court Activities and Initiatives. 7
13. ADDITIONAL ITEMS Court Administrator Kristi Orbin and Municipal Court Judge Katie McElhinney completed a presentation covering the Municipal Court s activities and initiatives. Councilmember Campbell stated their thoughts are with the Police and Fire Departments during this difficult week. 14. ADJOURNMENT The meeting adjourned at 10:05 p.m. David F. Bryant III, MMC Deputy City Clerk 8