City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 18, 2019 | 6:30 PM 1. CALL TO ORDER Present: Bacon, Campbell, Randall, McCoy, and Vogt Absent: Brownlee, and Copeland Others in attendance were City Manager Wilkes, Assistant City Manager Sherman and Deputy City Attorney Grunewald. 2. EXECUTIVE SESSION - 6:31 P.M. Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A. 75-4319(b)(1) regarding establishing a performance plan for the City Auditor. Motion by Bacon and seconded by Vogt 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 establishing a performance plan for the City Auditor for 28 minutes resuming at 7:00 P.M. in the City Council Chamber. Yes: Bacon, Campbell, Randall, McCoy, and Vogt Absent: Brownlee, and Copeland Councilmember Brownlee arrived at 6:40 P.M. 3. RECONVENE FROM EXECUTIVE SESSION The meeting reconvened at 7:00 P.M. in the Council Chambers. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 19-1043 reappointing members to the Planning Commission. Zach Moore, Planner II, introduced Barry Sutherland, Jose Munoz Page 1 of 10 City Council Meeting Minutes June 18, 2019 and Ryan Nelson. Mayor Pro Tem, Jim Randall, presented each with a certificate of reappointment. Motion by Bacon and seconded by Vogt to approve Resolution No. 19-1043 reappointing members to the Planning Commission. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt Absent: Copeland B. Consideration of Resolution No. 19-1044 reappointing members to the Mahaffie Stagecoach Stop and Farm Foundation Board. Mahaffie Stagecoach and Farm Foundation Board Chair, Connie Snider, introduced Phil Estes, Dick Holdman and Beverly Wittenborn. Mayor Pro Tem, Jim Randall presented each with a certificate of reappointment. Motion by Bacon and seconded by Vogt to approve Resolution No. 19-1044 reappointing members to the Mahaffie Stagecoach Stop and Farm Foundation Board. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt Absent: Copeland C. Recognition of Susan Sherman for 30 Years with the City of Olathe. Assistant City Manager, Susan Sherman, was recognized for 30 years of service to the City of Olathe. She was presented with a certificate, a gift, and a bouquet of flowers. A specialty cookie prepared by Park Street Pastry was given to everyone in attendance and Mayor Pro Tem Randall announced the cookie, named the Susan Special, will be available for purchase at the new library this fall. 7. CONSENT AGENDA Councilmember Brownlee requested item E be removed for separate consideration. Motion by Bacon and seconded by Vogt to approve the consent agenda with the exception of item E. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt Absent: Copeland A. Consideration of approval of the City Council meeting minutes of June 4, 2019. Page 2 of 10 City Council Meeting Minutes June 18, 2019 Approved B. Consideration of a new drinking establishment license application for Bucky's Family Fun, located at 808 W. Old 56 Highway and renewal applications for Embassy Suites/J-Bar, located at 10401 S. Ridgeview Rd., Double Nickel Bar & Grill, located at 189 S. Rogers Rd., and Prairie Highlands Golf, located at 14695 S. Inverness St. Approved C. Consideration of private club license renewal for Lumpy’s Pub & Grub, located at 1505 E. 151st Street. Approved D. Consideration of Resolution No. 19-1045 calling for a public hearing to levy assessments to collect unpaid city expenditures for mowing of weeds and removal of debris. Approved E. Acceptance of Agreement and associated terms for participation in the KCP&L Renewables Direct Program. Councilmember Brownlee explained her desire to abstain from voting on this item due to her involvement with the renewalable energy industry and the potential for future conflict of interest. Motion by Bacon and seconded by Vogt to approve consent item E. The motion carried by the following vote: Yes: Bacon, Campbell, Randall, and Vogt No: McCoy Absent: Copeland Abstain: Brownlee F. Consideration of Consent Calendar. Approved G. Consideration of Resolution No. 19-1046 authorizing the Interstate 35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16; and repealing Resolution No. 18-1101. Approved H. Consideration of Amendment No. 1 to the agreement with McCown Gordon Construction, LLC for construction of the Park Maintenance Facilities Improvements Project, PN 6-C-001-18. Approved I. Acceptance of bid and consideration of award of contract with Zoll Medical Corporation for Cardiac Monitors for the Olathe Fire Department. Page 3 of 10 City Council Meeting Minutes June 18, 2019 Approved J. Acceptance of bid and consideration of award of contract to Sirius Computer Solutions for installation, implementation, and maintenance of two Dell/EMC Isilon storage clusters; one in each city data center. Approved K. Acceptance of bids and consideration of award of contracts to American Equipment Co. for the replacement and installation of vehicle bodies for 2019 City’s fleet. Approved L. Consideration of renewal of contract to JCI Industries, Inc. for mixer and propeller pump repair and service for the Environmental Services Division of the Public Works Department. Approved M. Consideration of renewal of contract to Mid-American Signal, Inc. for the purchase of traffic signal and Advanced Traffic Management System (ATMS) supplies for the Traffic Division of Public Works. Approved N. Acceptance of bid and consideration of award of contract to Foley Equipment Company for the replacement of a vibratory compactor/roller for the Street Maintenance Section of Public Works. Approved 8. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 19-26 regarding amendments to Chapter 18.30 and 18.50 of the Unified Development Ordinance (UDO18-0002B). Councilmembers asked clarifying questions regarding the three minute time limit and Chief Planning Officer, Aimee Nassiff, answered their questions. Mayor Pro Tem Randall allowed citizen Randy Kriesel, 24120 W. 167th St., an opportunity to speak and he shared his concerns regarding the changes to this portion of the UDO. Brett Richter, 29 B Street, Lake Lotawana, MO, and Pete Heaven, with Spencer Fane Law Firm, spoke in support of the changes. Motion by Bacon and seconded by Vogt to approve Ordinance No. 19-26 regarding amendments to Chapter 18.30 and 18.50 of the Unified Development Ordinance (UDO 18-0002B). The motion carried by the following vote: Page 4 of 10 City Council Meeting Minutes June 18, 2019 Yes: Bacon, Brownlee, Randall, McCoy, and Vogt No: Campbell Absent: Copeland 9. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance Nos. 19-27, 19-28, 19-29, 19-30, 19-31, 19-32, 19-33, 19-34, 19-35, 19-36, and 19-37, regarding proposed amendments to Titles 15 and 16 of the Olathe Municipal Code concerning the 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. Mark Wassom, Assistant Fire Chief, spoke briefly regarding the 2018 code and the previous presentations. Councilmember Bacon asked if existing basements would be required to create a safe space according to the new code during a basement remodel. Mr. Wassom said it would not be required and would be grandfathered. Councilmember Randall asked how these updates would differ from surrounding communities and Mr. Wassom said there would be very few differences and the goal is consistency. Motion by Bacon and seconded by Vogt to approve Ordinance Nos. 19-27, 19-28, 19-29, 19-30, 19-31, 19-32, 19-33, 19-34, 19-35, 19-36, and 19-37, regarding proposed amendments to Titles 15 and 16 of the Olathe Municipal Code concerning the 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. The motion carried by the following vote: Yes: Bacon, Brownlee, Randall, McCoy, and Vogt No: Campbell Absent: Copeland B. Consideration of Resolution No. 19-1047 and Ordinance No. 19-38 authorizing the issuance and delivery of the general obligation improvement and refunding bonds, Series 232. Resource Management Director, Dianna Wright, answered Mayor Page 5 of 10 City Council Meeting Minutes June 18, 2019 Pro Tem Randall's questions regarding the potential savings that would be realized. Motion by Bacon and seconded by Vogt to approve Resolution No. 19-1047 and Ordinance No. 19-38 authorizing the issuance and delivery of the general obligation improvement and refunding bonds, Series 232. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt Absent: Copeland C. Consideration of Resolution No. 19-1048 authorizing the issuance and delivery of $54,910,000 principal amount of general obligation temporary notes, Series 2019-A. Motion by Bacon and seconded by Vogt to approve Resolution No. 19-1048 authorizing the issuance and delivery of $54,910,000 principal amount of general obligation temporary notes, Series 2019-A. Yes: Bacon, Brownlee, Campbell, Randall, McCoy, and Vogt Absent: Copeland 10. NEW CITY COUNCIL BUSINESS Councilmember Bacon recognized the impact Gary Burrell, co-founder of Garmin, has had on the community and offered his condolences to his family on Mr. Burrell's recent passing. Councilmember McCoy congratulated Councilmember Vogt who was recently appointed as the President of the National Association of Regional Councils. 11. END OF TELEVISED SESSION 12. GENERAL ISSUES AND CONCERNS OF CITIZENS Mayor Pro Tem Randall made a brief statement regarding the City Council's rules for citizen comments. Beginning with the next council meeting in July, the Council Policy adopted in 2003, limiting the general issues and comments to 30 minutes, will be enforced. Kate Guimbellot, 11236 S. Race St., spoke in support of a non-discrimination ordinance. Brandon Frick, 15240 S. Mullen St., spoke in support of a non-discrimination Page 6 of 10 City Council Meeting Minutes June 18, 2019 ordinance. Robynn Andracsek, 11526 S. Roundtreet St., spoke in support of a non-discrimination ordinance. Carolyn Finken-Dove, 610 N. Persimmon Dr., spoke in support of a non-discrimination ordinance. Matthew Calcara, 14362 W. 118th St., spoke in support of a non-discrimination ordinance. Brett Hoedl, 17446 W. 161st St., spoke in support of a non-discrimination ordinance. Chad Palmer, 16012 W. 136th St., spoke in support of a non-discrimination ordinance. Evan Lovelace, 12475 S. Ortega Dr., spoke in support of a non-discrimination ordinance. Danielle Rawlings, 12211 S. Pine St., spoke in support of a non-discrimination ordinance. Michael Koperski, 1432 N Mart Way Dr., spoke in support of a non-discrimination ordinance. Lisa Lero, 410 E. Cedar, spoke in support of a non-discrimination ordinance. Bridgette Moore, 1305 N. Leeview Dr., spoke in support of a non-discrimination ordinance. Alan Marston, 14563 S. Constance St., spoke in support of a non-discrimination ordinance. Grant Owens, 13083 S. Summit St., spoke in support of a non-discrimination ordinance. Angelica Wilcox, 12145 S. Blackbob Rd., spoke in support of a Page 7 of 10 City Council Meeting Minutes June 18, 2019 non-discrimination ordinance. Jorge Santana, 15954 S. Mur-Len Rd. Suite 162, shared Pride Month activities planned during the month of June. 13. CONVENE FOR PLANNING SESSION 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. Mayor Pro Tem Randall called for a five minute break at 8:54 P.M. and the meeting resumed at 9:03 P.M. A. REPORTS 1. Report on 2018 external audit and Comprehensive Annual Financial Report. The report was accepted and no presentation was given. B. DISCUSSION ITEMS 1. Discussion on the W. 118th Street and Renner Boulevard Land Use Study (PLN19-0001), presented by Confluence. (20 mins) Zach Moore, Planner II, and Christopher Shires with Confluence, gave a presentation regarding the W. 118th Street and Renner Boulevard land use study. Council members had questions regarding the close proximity of the train, the water tower, and possible 119th Street and I-35 interchange modifications in this area. Mr. Shires answered their questions and provided various options and creative ideas for possible development. Aimee Nassif, Chief Planning Officer, shared that she had reached out to the Chamber of Commerce and they believe there are many opportunities for development at this location. 2. Discussion on the Fire Training Center Improvements Project, PN 6-C-004-13. (15 mins) Chad Foster, Public Works Senior Build Design Project Manager, and Kimball Hales with Finkle Williams Architecture gave a presentation on the progress of the design of the Fire Training Center at 128th and Hedge Lane. Page 8 of 10 City Council Meeting Minutes June 18, 2019 Councilmembers had concerns about the building material and wanted to make sure the appearance of the building would blend with the area standards. Questions were also asked regarding the impact this training center would have on the area neighborhood. Fire Chief Jeff DeGraffenreid, assured the Council that they want to be a good neighbor and would make sure the neighbors were completely informed and involved as they move forward. A training facility video will be shared with the neighbors and will also be shared with the Council. 3. Presentation of the Conditionally Approved 2020 Budget. (30 mins) City Manager, Michael Wilkes, presented the conditionally approved 2020 budget. Mr. Wilkes answered Councilmember questions and assured them there would be more detailed information at the July 9th budget workshop. 4. Library Activities and Initiatives. (15 mins) Emily Baker, Library director, gave a presentation on the activities and initiatives of the Library. 14. ADDITIONAL ITEMS Councilmember McCoy congratulated Assistant City Manager Susan Sherman again on her 30 year anniversary. Councilmember Vogt also congratulated Susan. She also mentioned she had taken a bike tour of Lake Olathe and is excited for the opening. Parks and Rec Director, Michael Meadors, shared that the beach will be opening on June 29th but the grand opening will not take place until later in the fall. Councilmember Randall asked what the possible grand opening date will be and Mr. Meadors said potentially as early as August but could be September or October. He said the Vision 2040 event in August will be the first event in the new facility. Page 9 of 10 City Council Meeting Minutes June 18, 2019 Councilmember Bacon asked questions about the water obstacle course in the lake. Councilmember Campbell said pictures of Lake Olathe does not do it justice. Councilmember Randall asked for information about the date of State of the City. 15. ADJOURNMENT The meeting adjourned at 10:53 P.M. Brenda D. Long Assistant City Clerk Page 10 of 10