City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | August 18, 2020 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt 2. BEGIN TELEVISED SESSION – 7:00 P. M. Others in attendance were City Manger, Michael Wilkes, Assistance City Manager, Susan Sherman and City Attorney, Ron Shaver. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing the 100th Anniversary of the 19th Amendment. B. Consideration of Resolution No. 20-1053 appointing and reappointing members to the Citizens Police Advisory Council. 5. PUBLIC HEARINGS A. Consideration of a Public Hearing on a request by Business Garage Authority, Inc. for issuance of industrial revenue bonds and tax phase in for the development and construction of flex industrial facilities totaling 48,000 sq ft to house start-up/small/intermediate businesses located in the Mahaffie Business Park at 15571 S. Mahaffie. Motion by Bacon, seconded by Vogt, to close the public hearing. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland B. Consideration of Resolution 20-1054 expressing intent to issue industrial revenue bonds and tax abatement on behalf of Business Garage Authority, Inc. for the development and construction of flex industrial facilities totaling 48,000 sq ft to house start-up/small/intermediate businesses under the Master Resolution of the Mahaffie Business Park located at 15571 S. Mahaffie. Motion by Bacon, seconded by Vogt, to approve Resolution 20-1054. Motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland Page 1 of 7 City Council Meeting Minutes August 18, 2020 6. CONSENT AGENDA Motion by Bacon, seconded by Vogt, to approve the consent agenda with the exception of item K. 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 August 4, 2020. Approved B. Consideration of drinking establishment renewal applications for Red Lobster, 14904 W. 119th St., Vader’s Bar & Grill, 122 N. Cherry St., and new a application for Old Chicago #59, 11969 S. Strang Line Rd. Approved C. Consideration of cereal malt beverage license applications for Three Star Company 2 Inc., d/b/a 7-Eleven 21449F located at 2151 E. 151st Street and Three Star Company 4, Inc., d/b/a 7-Eleven 35754B, located at 11960 Strangline Road, for calendar year 2020. Approved D. Consideration of a private club license for The Brickyard, Inc., located at 1001 S. Weaver. Approved E. Consideration of Resolution No. 20-1055 authorizing indemnification and defense for the City Manager in the matter of Cedar Creek Development Company, LLC and 30th Plat of Cedar Creek, LLC v. City of Olathe, et al. Approved F. Acceptance of Bids and Consideration of Contract Award to Kone, Inc. for Parkview Manor Elevator Modernization. Approved G. Request for the acceptance of final plat to establish lot lines, public easements and common tracts for a final plat for Olathe Fire Station #8 (FP20-0013) containing one (1) lot on approximately 12.17 acres; at 14700 S. Lakeshore Drive. Planning Commission approved this plat 5 to 0. Approved H. Request for the acceptance of a final plat to establish lot lines, public easements and common tracts for a final plat of the Olathe Fire Academy (FP20-0016) containing one (1) lot and one (1) common tract on approximately 23.05 acres; located at 1100 N. Hedge Lane. Planning Commission approved the plat 5 to 0. Approved Page 2 of 7 City Council Meeting Minutes August 18, 2020 I. Consideration and approval of the 2020 Byrne Justice Assistance Grant (JAG) Program. Approved J. Consideration of Consent Calendar. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Kansas Heavy Construction, LLC for construction of the Downtown Streets Improvement Project (Phase 1), North Cherry: Poplar to Spruce, West Poplar: Cherry to Chestnut, PN 3-R-001-21. Motion by Bacon, seconded by Vogt, to approve consent item K. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland L. Consideration of a Professional Services Agreement with Alfred Benesch & Company for design of the 159th Street Arterial Mill and Overlay Project, PN 3-P-003-21. Approved M. Consideration of a Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the I-35 and 119th Street Reconfiguration Project, PN 3-C-026-16. Approved N. Consideration of a Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the 159th Street and Black Bob Road Improvements Project, PN 3-C-006-16. Approved O. Consideration of award of contract to Quicksilver Readymix for concrete services for the Public Works Department. Approved P. Acceptance of bids and consideration of award of contracts to Superior Bowen Asphalt Company, LLC, Vance Brothers Inc, and Asphalt Sales Company for asphalt for the Public Works Department. Approved Q. Consideration of contract renewal with Ted Systems, LLC for Lenel building security systems and services. . Approved R. Consideration of renewal of contract with All City Management Services for crossing guard services for the Police Department. Approved S. Consideration of authorization and execution of renewal purchase Page 3 of 7 City Council Meeting Minutes August 18, 2020 agreement between Cartegraph Systems, LLC and the City of Olathe to maintain Cartegraph Operations Management System (OMS)© software as a service. Approved T. Consideration of contract renewal with Cigna for medical claims administration, medical network and pharmacy benefit management services. Approved 7. NEW BUSINESS-PUBLIC WORKS A. Consideration of an Agreement with PGAV Architects for design services for the Police Building Expansion Phase II project, PN 6-C-010-20. Motion by Bacon, seconded by Vogt, to approve the agreement with PGAV Architects for design services. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 8. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 20-29 adopting the 2021 City of Olathe Budget. Motion by Bacon, seconded by Vogt, to approve Ordinance 20-29. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland B. Consideration of Resolution No. 20-1056 adopting the 2021-2025 Capital Improvement Plan. Motion by Bacon, seconded by Vogt, to approve Resolution 20-1056. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland C. Consideration of Resolution No. 20-1057 establishing a “Comprehensive Listing of Fees and Charges.” Motion by Bacon, seconded by Brownlee, to table Resolution 20-1057 for thirty days. The motion failed with the following vote: Yes: Brownlee, Mickelson, and Bacon No: Campbell, McCoy, Vogt, and Copeland Mayor Copeland asked if there was another motion for Resolution 20-1057. Page 4 of 7 City Council Meeting Minutes August 18, 2020 Motion by Vogt, seconded by Campbell, to approve Resolution 20-1057. The motion carried with the following vote: Yes: Campbell, McCoy, Vogt, and Copeland No: Brownlee, Mickelson, and Bacon Mayor Copeland said he would like staff to work toward developing a better process for next year so concerns can be addressed ahead of time. Councilmember McCoy acknowledged this resolution was narrowly approved and would like to ask staff to look at creative ways to allow more citizens to be able to use Lake Olathe. Councilmember Vogt agreed and asked about the possibility of scholarships or a season/family pass for Lake Olathe. Mayor Copeland suggested staff spend time on this to fully understand the programs and make sure no one is shut out and unable to participate. Interim Parks & Rec. Director, Brad Clay, said the scholarships are applicable to all programs. He said there is a super pass available that would allow participation in all programs. He also said we do comparisons in the surrounding area and our fees are in line with competitors. Councilmember Brownlee expressed concerns with water and waste water fees and said she believed this was a year that residents cannot handle a fee increase. 9. NEW CITY COUNCIL BUSINESS Councilmember Brownlee said Kansas had allowed women to vote 8 years before the 19th Amendment was passed. She also said that Kansas had the first female US senator who had been elected on her own merit. Ms. Brownlee said they had just passed a budget that supports the Police and Fire department and she values what they bring to our community. She pointed out that because they do their job so well, the City of Olathe residents have lower insurance rates. Councilmember Vogt said the budget reflects the quality of life in the community. She thanked staff for their work on the budget and getting it Page 5 of 7 City Council Meeting Minutes August 18, 2020 accomplished. Councilmember McCoy said he had visited Heritage Lake and saw many people enjoying the park. He said it reminded him that we live in a safe, inviting community. He also shared a conversation with a gentleman about how he appreciates the round-abouts. Mayor Copeland said he remembered the risk they took when they put in the first round-about. He noted how they have improved public safety. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Melanie Short, 801 S Grant Terrace, Olathe, shared a proposed resolution calling for the City of Olathe to condemn systemic racism and affirm all people who live in or visit this community. Katie Merrill, 22091 W. 122nd Street, Olathe, called on the City Council to support a resolution, taking a stand against systemic racism. Mayor Copeland asked Police Chief Butaud and his staff to address the concerns expressed and to collect the data the speakers referenced. 12. CONVENE FOR PLANNING SESSION A. REPORTS 1. Report on a proposed resolution allowing the hunting of deer with bow and arrow for the 2020-2021 season as part of Olathe’s Urban Deer Management Program. Report Accepted 2. Report on proposed sale of the Housing Program rental home at 110. S. Chambery Drive (Neighborhood Stabilization Program) Report Accepted 13. ADDITIONAL ITEMS Councilmember Brownlee asked staff to provide the Council with a review of the ordinance limiting the location of thrift stores. Councilmember Campbell thanked staff for a successful budget process. Page 6 of 7 City Council Meeting Minutes August 18, 2020 Councilmember Vogt asked for information from staff regarding plans for continued social distancing in regards to open meetings and public hearings. Councilmember Bacon asked for an update on the Santa Fe construction. Deputy Public Works Director, Beth Wright, said Ridgeview will be closed over the weekend and then they anticipate being able to open Santa Fe within approximately two weeks. Once Santa Fe is completed, Ridgeview will be closed for a period of time. Councilmember McCoy noted that the downtown library had come down and is looking forward to the new downtown library in the future. He also mentioned that the temporary location is open. He said he is excited about the new courthouse and the new downtown skyline that is coming. Councilmember Mickelson asked about curbside book pick-up at the library and wanted to know if it was going to be permanent or just offered during COVID. He said his family has utilized it and would love to see it continue. Interim Library Director, Erin Vader, said the curbside pick-up has been very popular and they are hopeful they will be able to continue to offer that service. 14. ADJOURNMENT The meeting was adjourned at 8:22 p.m. Brenda D. Long City Clerk Page 7 of 7