City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | April 2, 2019 | 6:40 PM A training presentation of the new agenda management system was held in the City of Governors conference room for the City Council and the Planning Commission from 5:30 PM - 6:30 PM. Present: Brownlee, Campbell, Randall, McCoy, Vogt, Copeland, Vakas, Munoz, and Rinke Absent: Bacon 1. CALL TO ORDER Present: Bacon, Campbell, Randall, McCoy, Vogt, and Copeland Absent: Brownlee Others in attendance were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 2. EXECUTIVE SESSION - 6:38 P.M. Consideration of motion to recess into an executive session to discuss the following items: Present: Bacon, Campbell, Randall, McCoy, Vogt, and Copeland Absent: Brownlee A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the Internal Auditor position. (City Council) Motion by Randall, seconded by Bacon, to recess into an executive session to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A. 75-4319(b)(1) regarding the Internal Auditor Position for 20 minutes. The motion carried by the following vote: Yes: Bacon, Campbell, Randall, McCoy, Vogt, and Copeland Absent: Brownlee Meeting will resume at 7:00 P.M. Council Member Brownlee arrived at 6:40 P.M. 3. RECONVENE FROM EXECUTIVE SESSION - 7:00 PM Page 1 of 7 City Council Meeting Minutes April 2, 2019 Executive session item no. 2A was continued until the end of the Council Meeting. 4. BEGIN TELEVISED SESSION – 7:01 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Presentation of Kansas City Corporate Challenge Mayor’s Cup to Garmin Mayor Copeland presented the Mayor's Cup to Garmin International for being the top preforming Olathe Company in the Kansas City Corporate Challenge. Haley Prophet from Garmin accepted the trophy. B. Proclamation acknowledging Seven Days Week Mayor Copeland presented the Seven Days proclamation to Tony Corporan who lost his nephew and father in the shooting at the Jewish Community center. This annual seven day event reminds our community to find harmony and unity in our neighborhoods. C. Consideration of Resolution No. 19-1026 appointing members to the Parks and Recreation Leadership Board and Board of Trustees of the Olathe Parks and Recreation Foundation. Mayor Copeland invited Greg Foss, Chairman of the Parks and Recreation Leadership Board and Board of Trustees to the podium. A certificate of appointment was presented to Jereme Foster and a certificate of reappointment was presented to Phil Arbuckle. Motion by Randall, seconded by Bacon, to approve Resolution No. 19-1026 appointing members to the Parks and Recreation Leadership Board and Board of Trustees of the Olathe Parks and Recreation Foundation. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland 7. CONSENT AGENDA Council Member Brownlee requested item J be removed for further questions before consideration and vote. Motion by Randall, seconded by Bacon, to approve the consent agenda with the exception of item J. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland A. Consideration of approval of the City Council meeting minutes of March Page 2 of 7 City Council Meeting Minutes April 2, 2019 19, 2019. Approved. B. Consideration of a new drinking establishment license for Chipotle Mexican Grill, located at 197 N. Parker. Approved C. Consideration of a drinking establishment renewal for WFM, Kansas LLC, d/b/a Whole Foods, located at 14615 W. 119th Street. Approved. D. Consideration of new cereal malt beverage license application for calendar year 2019 for Flagship Development, LLC d/b/a Mini Mart located at 1807 E. 123rd Terr. Approved. E. Consideration of a pawnbroker/precious metal dealer license application for Heartland Pawnbrokers LLC, located at 395 N Ridgeview. Approved. F. Consideration of authorization for the City Manager, Michael Wilkes to attend the 2019 TLG Conference in Reno NV, April 8 - 12, 2019. Approved G. Consideration of business expense statements for Mayor Copeland and Council Members Jim Randall and Wes McCoy for expenses incurred to attend the National League of Cities Congressional Cities Conference in Washington, D.C., March 8 - 13, 2019. Approved. H. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat for Kiddi Kollege South (FP19-0002) containing 1 commercial lot and no tracts on 2.3± acres; located at the southeast corner of the intersection of W. 167th Street and the future Britton Street. Planning Commission recommends approval 7-0. Approved. I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to O’Donnell & Sons Construction Co., Inc. for construction of the Parker Terrace Improvements Project, PN 3-R-002-19. Approved. J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Donelson Construction Company, LLC for construction of the 2019 MAQS Micro Surface Project, PN 3-P-007-19. Deputy Public Works Director Beth Wright answered Council Member Brownlee's questions. Motion by Randall, seconded by Bacon, that consent agenda item "J" Page 3 of 7 City Council Meeting Minutes April 2, 2019 be approved. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland K. Consideration of Agreement No. 10-18 with the Kansas Department of Transportation (KDOT) for funding the construction of the Lone Elm Road, Old 56 Hwy to 151st, Improvements Project, PN 3-C-084-17. Approved. L. Consideration of Supplemental Agreement No. 3 with HDR Engineering, Inc. for design of the Lone Elm Road, Old 56 Hwy to 151st, Improvements Project, PN 3-C-084-17. Approved. M. Consideration of a Professional Services Agreement with TREKK Design Group, LLC for flow monitoring for the Indian Creek Sanitary Sewer Master Plan Update Project, PN 1-C-008-19. Approved. N. Acceptance of bid and consideration of award of contract to Kansas Golf and Turf, Inc. for the replacement of one (1) and the purchase of one (1) wide area mowers for the Parks & Recreation Department. Approved. O. Acceptance of bid and consideration of award of contract to Moridge Manufacturing, Inc. for the replacement of four (4) zero turn mowers for the Parks & Recreation Department. Approved. P. Acceptance of bid and consideration of award of contract to INSCO Industries for the painting of fire hydrants for the Field Operations Division of Public Works. Approved. Q. Acceptance of bid and consideration of award of contract to Crossland Heavy Contractors, Inc for construction of the Black Bob Pump Station Generator Replacement, PN 5-C-040-18. Approved. R. Acceptance of bids and consideration of award of contracts to Olathe Ford, Shawnee Mission Ford, Landmark Dodge Chrysler Jeep, Summit Trucks, and MHC Trucks for the replacement and purchase of vehicles for 2019 for the City’s fleet. Approved. S. Acceptance of bid and consideration of award of contract to All Access Equipment, Inc. for the replacement of one (1) compact mini lift for the Parks & Recreation Department. Approved. Page 4 of 7 City Council Meeting Minutes April 2, 2019 8. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 19-11 and Resolution No. 19-1027 authorizing the issuance, delivery, form and details of approximately $17,760,000 principal amount of Water and Sewer System Improvement and Refunding Revenue Bonds, Series 2019. Motion by Randall, seconded by Bacon, to approve Ordinance No. 19-11 and Resolution No. 19-1027 authorizing the issuance, delivery, form and details of approximately $17,760,000 principal amount of Water and Sewer System Improvement and Refunding Revenue Bonds, Series 2019. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland 9. NEW CITY COUNCIL BUSINESS Council Member McCoy shared his appreciation for our law enforcement and all they do in Olathe. He acknowledged the recent Police Awards ceremony when officers were recognized for their service as well as recognizing Police Chief Menke on his retirement. Council Member Randall concurred with Mr. McCoy and mentioned that Olathe is recognized as one of the safest cities in the United States because of our police department. Council Member Campbell said he wanted to also share his appreciation for the Police Department. Mayor Copeland thanked Interim Police Chief Reynolds and Deputy Police Chief Butaud for the wonderful send off the department gave Police Chief Menke and that it was reflective of his wonderful service to our community. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Mike Bickley, 13805 Parkhill, Overland Park Kansas, encouraged the Council to proceed with caution in regards to a non-discrimination ordinance. Jorge Santana, 15954 S. Mur-Len Road, No. 163, Olathe, spoke in support of moving forward with a non-discrimination ordinance. 12. CONVENE FOR PLANNING SESSION Page 5 of 7 City Council Meeting Minutes April 2, 2019 A. DISCUSSION ITEMS 1. Discussion regarding proposed amendments to Titles 15 and 16 of the Olathe Municipal Code concerning adoption and amendment of the 2018 International Codes relating to building, residential, existing buildings, plumbing, mechanical, fuel gas, electrical, energy conservation, swimming pool, property maintenance and fire codes. (45 min) Assistant Fire Chief Wassom presented the proposed amendments to Tiles 15 and 16 of the Building Code. Council members had many questions throughout the presentation. Council Member Campbell asked if they could be given more time to evaluate the proposed amendments as he did not feel he would be prepared to vote in two weeks time. Council Member Bacon concurred. Staff was asked to provide opportunities for all council members to have questions addressed and were instructed to bring this item back for more discussion at a later meeting. 2. Discussion on the conceptual design for the Municipal Court Security Enhancements Project, PN 7-C-001-19. (20 min) Jeff Blakeman, Public Works project manager, Ken Henton and Chris Kumrei from Hoefer Wysocki completed a presentation of the conceptual design for the new Municipal Court security enhancements. 13. EXECUTIVE SESSION - 9:08 P.M. Consideration of motion to recess into an executive session to discuss the following item: A. Recess into an executive session 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. Motion by Randall, seconded by Bacon, to recess into an executive session 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 30 minutes. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland Page 6 of 7 City Council Meeting Minutes April 2, 2019 At 9:39 p.m. there was a motion by Bacon, seconded by Randall to extend the executive session an additional 30 minutes. The motion carred by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland At 10:12 p.m. there was a motion by Bacon, seconded by Vogt, to extend the executive session by an additional 10 minutes. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland 14. RECONVENE FROM EXECUTIVE SESSION - 10:21 P.M. For Executive Session item 13A concerning the City Manager evaluation there were no decisions made or votes taken. For Exceutive Session item 2A regarding the internal auditor - Motion made by Randall and seconded by Vogt to proceed as discussed in executive session. Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland 15. ADDITIONAL ITEMS Mr. Bacon asked City Manager Michael Wilkes to take note of the Railroad grade separation while in Reno, NV. Mr. Campbell thanked his fellow council members for all they do. Mrs. Brownlee mentioned the grand finale for Chief Menke. 16. ADJOURNMENT - 10:25 P.M. Brenda Long Assistant City Clerk Page 7 of 7