City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 16, 2020 | 7:00 PM 1. CALL TO ORDER Councilmember Campbell participated virtually. Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS Mayor Copeland asked Police Chief, Michael Butaud, to provide a brief update from the police department. 2020 has been a challenging year for all of us. For law enforcement, the COVID Pandemic, the senseless death of Overland Park Officer Mike Mosher and the civil unrest resulting from the tragic death of George Floyd have been extremely difficult. I have stated more times than I can count, the death of George Floyd was disturbing and unnecessary. I understand why people across the country are upset. I am equally incensed. But I am proud the Olathe community has questions. I would not want to be the Police Chief in a City that didn’t care about human rights. Because Olathe cares, it has given the police department the opportunity to talk about and show the great things we do. If you visit our website, you will see my message to the community. You will also see the answers to many recently asked questions about use of force and our policies. I am excited to talk about our police department. I have had many phone and email conversations with community members. Our community should know that we teach de-escalation, they should know all our officers are trained in Crisis Intervention, they should know all uniformed officers are equipped with body cameras, they should know we have a Citizen’s Police Advisory Council, and they should know much more. Page 1 of 11 City Council Meeting Minutes June 16, 2020 Not only are we a progressive police department, we are also innovative. One example is our mental health co-responder program. Not only were we the first agency in the Midwest to have a mental health co-responder at our department, we were also the first agency to have two. All police departments in Johnson County now have access to a mental health co-responder; even law enforcement agencies as far away as Portland, Oregon have modeled their program after the Olathe Police Department. Regardless, we cannot be an effective police department without a strong partnership with our community. We have tremendous community support, but we will continue to listen and build on that relationship. I want to thank the many community members that have sent us well wishes…..letters, emails, and food. In closing, I am proud of the compassion and great accomplishments of the Men and Women of the Olathe Police Department. But I am equally proud of the Olathe Community. Olathe is my home! Thank you, Mayor and Council, for your leadership during these difficult times. A. Coronavirus update by Fire Chief Jeff DeGraffenreid. The WHO COVID-19 Situation Report for June 14 reported 7.69 million confirmed cases and 427,630 deaths worldwide. The WHO reported 142,672 new cases on June 13, the highest global daily incidence to date. Overall, the global daily incidence continues to increase , and the pandemic appears as though it may be accelerating in some parts of the world. The global cumulative incidence could reach 8 million cases by Wednesday. Broken down by continent , Europe continues to represent a decreasing proportion of new COVID-19 incidence, down to approximately 12% of the global total. North America has accounted for approximately 20-25% of new daily cases since late May, and it is holding relatively steady. The relative contributions of Asia and South America continue to increase. Asia now represents approximately 30% of the global daily incidence, up from 15% in early May. South America accounts for 25-35% of the global incidence, which fluctuates considerably from day to day. Africa’s contribution continues to increase steadily as well, although to a Page 2 of 11 City Council Meeting Minutes June 16, 2020 lesser extent. Africa is now representing more than 7% of the global daily incidence, its highest to date. Looking at the relative change in growth rate over the past 2 weeks , the majority of countries with increases of 25% or greater are in Asia, Africa, and South America. Notably, there are at least 10 countries in Africa that have relative increases of 100% or greater over the past 2 weeks. On Friday, the US CDC hosted its first COVID-19 briefing in several months . US CDC Director Dr. Robert Redfield and COVID-19 Incident Manager Dr. Jay Butler discussed the US COVID-19 response as well as a recent publication on the public’s perception of social distancing orders. They cautioned that the US COVID-19 epidemic is not over and that continued vigilance and adherence to recommended preventive measures are necessary to mitigate the risk of increased transmission as social distancing measures are relaxed. On Friday, the CDC also published updated guidance to help the general public mitigate transmission risk as they begin to resume social activities . One document aids in making informed decisions regarding going out or engaging in social activities, and the other assists with planning events and other gatherings. On Friday, the US CDC updated its SARS-CoV-2 testing guidance, publishing a consolidated testing strategy that includes high-risk populations and critical infrastructure sectors. The new guidance brings together numerous existing and updated guidance documents related to SARS-CoV-2 testing and provides a common location from which to access testing recommendations. Special instructions are provided for high-risk settings, such as long-term care facilities and correctional facilities, and critical infrastructure workplace settings following the identification of a confirmed or suspected case. China has reported increased SARS-CoV-2 transmission in Beijing over the past several days and re-instituted some social distancing measures in order to contain an emerging outbreak. Beijing health authorities first identified the outbreak on June 11 , linked to the Page 3 of 11 City Council Meeting Minutes June 16, 2020 Xinfadi market, the largest in Beijing. The market is temporarily closed as health officials conduct their epidemiological investigation, including extensive environmental testing. China deployed 100,000 responders in Beijing to support the response activities. Officials aim to test 90,000 people in the Beijing area, and by Sunday afternoon, health officials had already tested more than 29,000 individuals who recently visited the market and more than 76,000 total across the affected communities. Additionally, affected areas in Beijing were placed under restrictive social distancing measures, including prohibiting the entry of visitors and vehicular traffic, closing nonessential businesses and public spaces, and prohibiting mass gatherings. As the world looks ahead in hopeful anticipation of a SARS-CoV-2 vaccine, one major outstanding challenge is how to best make that vaccine available around the world. While major hurdles still remain in terms of testing and producing even the most advanced vaccine candidates-as well as developing and testing others-efforts are beginning now to address challenges associated with allocating limited initial inventory, communicate about vaccine efficacy and safety, and coordinate international distribution logistics. Kansas is reporting there were 11,419 cases from 91 counties with 245 deaths as of Monday June 15th. Kansas has experienced 165 clusters of COVID-19 of which 89 are active at this time accounting for a total of 5,740 cases and 173 deaths. Johnson County has experienced 1,080 positives and 72 deaths. The current testing rate is 48.3 per 1,000 with a 3.7% positive rate and all gating criteria is currently met. In closing - The messaging remains the same from local health leaders - as we follow the voluntary recommendations and guidance from the state’s Ad Astra Plan to Reopen Kansas - we should continue to follow precautionary measures such as hand washing, avoid touching ones face, staying home if you are sick, physically distancing from others and considering the use of barrier masks when distancing is not possible. Page 4 of 11 City Council Meeting Minutes June 16, 2020 B. Consideration of Resolution No. 20-1041 reappointing members to the Planning Commission. Planning Commission Chairman, Dean Vakas, introduced each of the appointees and presented Jeremy Fry with a certificate of appointment. Mayor Copeland expressed his gratitude for their service to the community. Motion by Bacon, seconded by Vogt, to approve Resolution No. 20-1041. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland C. Consideration of Resolution No. 20-1042 reappointing a member to the Board of Zoning Appeals. Barry Sutherland, chairman of the Board of Zoning Appeals, presented Dean Vakas with a certificate of appointment and Mayor Copeland thanked him for his continued service. Motion by Bacon, seconded by Vogt, to approve Resolution No. 20-1042. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 5. CONSENT AGENDA Councilmember McCoy requested items D, K and M be removed for separate consideration and vote. Motion by Bacon, seconded by Vogt, to approve the consent agenda with the exception of items D, K, and M. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland A. Consideration of approval of the City Council meeting minutes of June 2, 2020. Approved B. Consideration of a drinking establishment renewal application for Old Chicago, 11969 S. Strang Line Rd. Approved C. Consideration of a precious metal dealer license application for Niche Jewelry, Inc. located at 2115 E. 151st Street. Approved D. Consideration of Resolution No. 20-1043 calling for a public hearing to levy assessments to collect unpaid city expenditures for mowing of Page 5 of 11 City Council Meeting Minutes June 16, 2020 weeds and removal of debris. Councilmember McCoy asked about the process of collecting the amount owed to the City. City Attorney, Ron Shaver provided a short overview of the process. Councilmember Brownlee asked about the higher amount this year. Fire Chief DeGraffenreid and Community Enhancement Officer, Dennis Pine, indicated this amount from 2019 was higher than in the past due to an extended growth season which was impacted by weather. Motion by Bacon, seconded by Vogt, to approve consent item D. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland E. Consideration of Resolution No. 20-1044 authorizing indemnification and defense for the City Manager in the matter of Denise Hammond and Chris Hammond v. Michael Wilkes, et al. Approved F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Courts at Stonebridge, First Plat (FP20-0006) containing one (1) common tract on 6.03± acres; located at the northeast corner of the intersection of W. 168th Terrace and W. 169th Place. Planning Commission approved this plat 9-0 at the June 8, 2020 meeting. Approved G. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat of Hidden Lake Estates, Fourth Plat (FP20-0005) containing thirty (30) lots and one (1) common tract on 28.45± acres; located northwest of W. 113th Terrace and S. Clare Road. Planning Commission approved the plat 9 to 0. Approved H. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat of Valley Ridge, Fifth Plat (FP20-0007) containing twenty-five (25) lots and one (1) common tract on 15.45± acres; located southeast of S. Cedar Creek Parkway and W. 115th Street. Planning Commission approved the plat 9 to 0. Approved I. Consideration of Consent Calendar. Approved Page 6 of 11 City Council Meeting Minutes June 16, 2020 J. Consideration of Change Order No. 1 to the contract with Linaweaver Construction, Inc. for construction of the 2020 Cedar Creek Streets Improvements Project, PN 3-P-003-20. Approved K. Consideration of Agreement No. 87-20 with the Kansas Department of Transportation (KDOT) for funding the construction and construction inspection of the I-35 and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16. Councilmember McCoy asked to pull this item to highlight this project and provide clarification regarding funding. Deputy Public Works Director, Beth Wright answered his questions. Motion by Bacon, seconded by Vogt, to approve consent item K. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland L. Consideration of Amendment No. 1 to the agreement with Turner Construction for construction of the Fire Station #8 Improvements Project, PN 6-C-009-18. Approved M. Consideration of Architect’s Estimate, acceptance of bids, and award of contract to Crossland Construction, Inc. for construction of the Fire Training Center Improvements Project, PN 6-C-004-13. Councilmember McCoy asked that this item be considered separately to highlight what a great project this is. Mayor Copeland asked about the company who received the bid and Deputy Public Works Director, Beth Wright, said they have been very pleased with their work on the water treatment plant and look forward to working with them on the Fire Training Center. Motion by Bacon, seconded by Vogt, to approve consent item M. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland N. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Linaweaver Construction, Inc. for construction of the Little Cedar Creek (Park to Elm) Phase II Stormwater Improvements Project, PN 2-C-017-19. Approved Page 7 of 11 City Council Meeting Minutes June 16, 2020 O. Consideration of renewal of contract to K&W Underground, Inc. for fiber restoration, support, installation and maintenance for use by Public Works. Approved P. Consideration of renewal of contract with Cisco Systems, Inc. for the purchase of Cisco products and professional services for the IT Department. Approved Q. Consideration of award of contract to SNF Inc. dba. BFX Fire Apparatus for the replacement of one (1) Type 6 Squad Mini-Pumper Light Engine for the fire department. Approved 6. NEW BUSINESS-ADMINISTRATION A. Consideration of Resolution No. 20-1045 authorizing the issuance and delivery of the principal amount of General Obligation Temporary Notes, Series 2020-A. Mayor Copeland asked about the true cost of the interest. Resource Management Director, Dianna Wright said it was a good day to have a sale and provided specific information in response to the Mayor's question. Motion by Bacon, seconded by Vogt, to approve Resolution No. 20-1043. Motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland B. Consideration of Resolution No. 20-1046 and Ordinance No. 20-22 authorizing the issuance and delivery of the General Obligation Improvement and Refunding Bonds, Series 233. Motion by Bacon, seconded by Vogt, to approve Resolution No. 20-1046 and Ordinance No. 20-22. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland C. Consideration of Ordinance No. 20-23 authorizing issuance of industrial revenue bonds for the KidsTLC, Inc. project. Mayor Copeland invited KidsTLC CEO, Dr. Erin Dugan, to share a brief overview of the project. Dr. Dugan joined the council meeting virtually. Motion by Bacon, seconded by Vogt, to approve Ordinance No. 20-23. The motion carried by the following vote: Page 8 of 11 City Council Meeting Minutes June 16, 2020 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 7. NEW CITY COUNCIL BUSINESS Councilmember Brownlee mentioned that she would have liked to have had some discussion regarding the location of the art display that was relocated from City Hall. Councilmember Vogt wished everyone a happy Father's Day. She encouraged everyone to be safe as our community is beginning to reopen. She reminded everyone to continue following the guidelines that have been provided. Councilmember McCoy thanked Chief Butaud for all he has been doing. He also asked if the City was still planning for fireworks and City Manager, Michael Wilkes said that was the current plan. Mr. McCoy acknowledged that local businesses are continuing to work together to keep the community safe. He wished everyone a happy Father's Day and a happy Fourth of July. Councilmember Mickelson highlighted police activities and asked Chief Butaud to share about a few, especially Fishing with the Cops. He said they are concentrating on outside events. Mr. McCoy asked where this event was to be held and Chief Butaud said it would be at Heritage Lake this year. Mayor Copeland shared a portion of a letter the City had received from the County Commission Chairman, Ed Eilert, regarding the CARES Act funding the County received. 8. END OF TELEVISED SESSION 9. 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. A. REPORTS 1. Report on 2021 Community Development Block Grant (CDBG) funding recommendations. Report accepted. 2. Report on 2019 external audit and Comprehensive Annual Financial Report. Page 9 of 11 City Council Meeting Minutes June 16, 2020 Report accepted. 3. Report on the Timeline of Cedar Creek Arterial Roadways. Councilmember Mickelson asked for more information regarding this report. Deputy Public Works Director, Beth Wright, provided a short presentation and gave a summary of the report. Councilmember Brownlee had questions regarding the payments made by developers. Public Works Director, Mary Jaeger, said they are not assessed until improvements are completed. Councilmember McCoy asked if the typical time frame was 10 years and Ms. Wright said it was. 10. ADDITIONAL ITEMS Councilmember Vogt asked about providing cooling centers during the summer. Fire Chief DeGraffenreid said there would be cooling centers available but they might look different this year. He said a heat warning is the criteria for opening a cooling center. Councilmember Bacon mentioned that the City Manager's annual evaluation would be on July 7th and also wished everyone a happy July 4th. Councilmember McCoy asked if the Libraries are open. Interim Library Director, Erin Vader, said the Indian Creek Library is open for quick browsing and the new temporary location would be open on June 22nd. She said they were on target to be fully open on July 6th. Mayor Copeland said he wanted to discuss accommodating citizen comments while social distancing. He suggested possibly limiting it to a small number. He also asked about the council's thoughts on providing televised access to the entire council meeting. He invited the council members to share their thoughts and indicated they would have more discussions. Mayor Copeland reminded the council members they had received a survey link from Administrative Services Officer, Emily Vincent, and asked them to be sure to complete it. Councilmembers Vogt and Brownlee asked for some additional Page 10 of 11 City Council Meeting Minutes June 16, 2020 information and Ms. Vincent said she would provide it. 11. ADJOURNMENT The meeting adjourned at 8:10 p.m. Brenda D. Long City Clerk Page 11 of 11