City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | October 20, 2020 | 7:00 PM Council Members had dinner with members of the Teen Council in the City of Governors at 6:00 P.M. 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Others in attendance were City Manger, Michael Wilkes, Assistant City Manager, Susan Sherman and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. APPOINTMENT OF VACANT WARD 3 COUNCIL SEAT A. Consideration of candidate for appointment to the vacant Ward 3 City Council seat. Motion by Brownlee, seconded by Campbell, to appoint Kevin Gilmore to the vacant Ward 3 council seat. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Mayor Bacon said Mr. Gilmore would be sworn in at the November 3rd council meeting. 5. SPECIAL BUSINESS A. Recognition of the 2020-2021 Olathe Teen Council. Customer Service Manager and Teen Council Liaison, Ronnie Decker, recognized the members of the Teen Council and presented each with a certificate. Mayor Bacon congratulated them on being appointed to the Teen Council and thanked them for serving the community in this capacity. He said the Council is looking forward to working with them this year. Page 1 of 11 City Council Meeting Minutes October 20, 2020 6. CONSENT AGENDA Councilmember Mickelson asked that item D be removed from the consent agenda and considered separately. Motion by Campbell, seconded by Vogt, to approve the Consent Agenda with the exception of item D. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt A. Consideration of approval of the regular City Council meeting minutes and the Special Call meeting minutes of October 6, 2020. Approved B. Consideration of a cereal malt beverage license application for Casey's Retail Company d/b/a Casey's General Store # 3641, for calendar year 2021. Approved C. Consideration of drinking establishment renewal applications for KC Lodge Ventures, d/b/a Twin Peaks, Main Event Kansas, LLC, d/b/a Main Event Entertainment, and Mi Ranchito #1, LLC. Approved D. Consideration of Resolution No. 20-1066 on a request by AP Multifamily Investors, LLC (The Clearing at Anderson Pointe) for a one-year extension of Resolution 18-1027, expressing the City’s intent for the issuance of industrial revenue bonds and tax abatement for the construction of 303 multi-family units (255 apts, 48 townhomes) and amenities on four parcels totaling 17.4-acres located at the northwest corner of Black Bob Road and Indian Creek Parkway (the former Indian Creek library site). Councilmember Mickelson asked for additional information regarding this item. Resource Management Director, Dianna Wright, answered his questions regarding the request for an extension. The applicant was not in attendance to answer specific questions. City Manager, Michael Wilkes, said he thought the reason the applicant was pursuing HUD financing was to obtain a better rate. He also said there had been some site issues that had delayed the project. Councilmember Mickelson said he did not feel like they should move ahead with the tax incentives for an apartment complex in a Page 2 of 11 City Council Meeting Minutes October 20, 2020 highly traveled area. Councilmember Brownlee asked about the approximate timeline and Ms. Wright said she thought they would move forward early next year. Councilmember Vogt asked if there had been any proposed changes to the plans and Ms. Wright said she was not aware of any changes. Ms. Vogt said she was originally opposed to this project, but everyone had worked hard to achieve a workable plan and supports the extension. Councilmember Brownlee asked what the neighbors had been opposed to. Public Works Deputy Director, Beth Wright, said that traffic concerns had been expressed by the adjoining neighbors and those concerns had been addressed. Councilmember Vogt said this project had actually provided an opportunity to alleviate traffic issues in this area. Mayor Bacon said there had also been some density concerns but design concessions had been made to address this concern as well. Motion by Campbell, seconded by Vogt, to approve item D. The motion carried with the following vote: Yes: Campbell, McCoy, Bacon, and Vogt No: Brownlee, and Mickelson E. Consideration of Consent Calendar. Approved F. Consideration of an Intergovernmental Agreement with Johnson County Park and Recreation District for construction of Cedar Niles Park. Approved G. Consideration of an Agreement with Turner Construction for construction management services for the Police Building Expansion Phase II project, PN 6-C-010-20. Page 3 of 11 City Council Meeting Minutes October 20, 2020 Approved H. Consideration of Supplemental Agreement No. 1 with TREKK Design Group, LLC for on-call engineering design services. Approved I. Acceptance of proposal and consideration of award of contract to Pioneer Technology Group for the Benchmark court case management system for Municipal Court and Prosecutor’s Office. Approved J. Consideration of renewal of contract to Stanion Wholesale Electric for the purchase of LED lighting for the Traffic Division of Public Works. Approved K. Consideration of award of contract to Integrity Locating Services, LLC for underground utility locating services. Approved 7. NEW BUSINESS-PUBLIC WORKS A. Consideration of Resolution No. 20-1067 authorizing a survey and description of land or interest to be condemned for the Downtown Streets Improvements Project, PN 3-R-001-21. Councilmember Brownlee asked for a presentation. Deputy Public Works Director, Beth Wright, gave a short overview of this project explaining the need for turn lanes at Kansas and Spruce. Councilmember Mickelson asked about the timeline for this project and Ms. Wright said she anticipated breaking ground in March of 2021. Councilmember Mickelson asked about discussion with the homeowners and City Attorney, Ron Shaver, said negotiations with one was getting close. Mayor Bacon asked how long it would take if they had to move to eminent domain and Mr. Shaver said approximately 90 days. Councilmember Campbell asked if a survey would need to be completed and Mr. Shaver said that was procedure. Motion by Campbell, seconded by Vogt, to approve Resolution No. 20-1067. The motion carried with the following vote: Page 4 of 11 City Council Meeting Minutes October 20, 2020 Yes: Brownlee, Campbell, McCoy, Bacon, and Vogt No: Mickelson B. Consideration of Ordinance No. 20-34 approving an engineer’s survey and authorizing the acquisition of land for the Downtown Streets Improvements Project, PN 3-R-001-21. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-34. The motion carried with the following vote: Yes: Brownlee, Campbell, McCoy, Bacon, and Vogt No: Mickelson C. Consideration of Ordinance No. 20-35 (ANX20-0002) annexing approximately 2.85 acres, located north of 167th Street and west of Lone Elm Road (ANX20-0002), into the corporate boundaries of the City of Olathe. Councilmember Mickelson asked for a presentation. Planner, Zachary Moore, was available for questions from the Council. Councilmember Mickelson asked if there was any information regarding the specific use of this location. Mr. Moore said a preliminary site plan had been submitted. Councilmember Brownlee asked what had been communicated to the public regarding potential development and Mr. Moore said it was in the area of the Lone Elm Commerce Center and there had been community meetings. Councilmember Brownlee asked if the development would possibly be office space and Mr. Moore said there would likely be components of both office and warehouse space. Councilmember McCoy asked about the specific location. Mr. Shaver gave more information regarding the location and talked about the zoning change process. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-35. The motion carried with the following vote: Page 5 of 11 City Council Meeting Minutes October 20, 2020 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt 8. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 20-36 amending Section 5.43.040 of the Olathe Municipal Code pertaining to Distance-Restricted Businesses (Issuance of License). Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-36. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt 9. NEW CITY COUNCIL BUSINESS Councilmember McCoy said he believed it is important for the City to work with other organizations such as Johnson County and believes it is a great way to maximize funding for projects. He also wanted to make sure people knew that there would be a Trick or Treat event at the Olathe Community Center on Friday night. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS None 12. 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. Quarterly Procurement Report Report Accepted 2. Report regarding revisions to the City’s Benefit District Policy (PI-5) and Industrial Revenue Bond and Tax Abatement (IRB) Policy (F-5). Councilmember Mickelson had a question about the Community Fund requirement and asked if it was required in the policy. Page 6 of 11 City Council Meeting Minutes October 20, 2020 City Attorney, Ron Shaver, said that it was a required annual fee as part of the policy proposal. City Manager, Michael Wilkes, said there are several neighboring cities with this requirement already in their policy. He said they believe it is a way to get Corporate America to become community partners. Councilmember Mickelson said he was uncomfortable with requiring organizations to donate to the Community Fund. Councilmember Vogt said when an organization asks for an incentive they know what they are getting into. Mayor Bacon asked if the policy would be on the consent agenda at the next council meeting and Mr. Shaver confirmed it would be. Councilmember Brownlee said a forced donation is a payment. Councilmember Vogt agreed but said then they can use it as a tax deduction. B. DISCUSSION ITEMS 1. Discussion of proposed amendments to Chapter 5.36 of the Olathe Municipal Code (Massage Therapy). (20 min) Deputy City Attorney, Chris Grunewald, gave a short presentation outlining the proposed changes to the Municipal Code. Councilmember Mickelson asked about removing misdemeanors from the list of charges that would prevent a license from being issued and had questions about the timelines for re-applying. Mr. Grunewald explained the reasoning for making these proposals. Councilmember Brownlee asked if the City has been in contact Page 7 of 11 City Council Meeting Minutes October 20, 2020 with other municipalities to support to support massage legislation being added to the legislative agenda. Mr. Grunewald said there has been a bill in the State Legislature in the past. Police Chief, Mike Butaud, said the Police Department has been in contact with communities statewide as well as the State's Attorney General's office regarding this. Communications and Customer Service Director, Tim Danneberg, said it is currently on the legislative agenda and being watched closely. Councilmember Campbell pointed out that not all massage establishments could acquire a certificate of good standing from the State because they are not all incorporated and Mr. Grunewald said there would be options for sole proprietors. Councilmember Vogt asked what constitutes a drug violation and Chief Butaud said it was a simple possession. Councilmember Mickelson asked what happens if the State does pass a statewide regulation and Mr. Grunewald said it would supersede our ordinance if that happens. Mr. Grunewald said the edits mentioned would be made and the ordinance would come back on the November 3rd agenda for approval. 2. Discussion regarding upcoming survey of Council Audit Priorities. (15 min) Internal Auditor, Mary Ann Vasser, gave a short presentation regarding an up coming survey she will be sending to the Council regarding audit priorities. Mayor Bacon asked when she anticipated sending the survey and Ms. Vasser said it would be the latter part of the week. She said she hoped to have responses within ten days. She also mentioned there might be a delay depending on the plan to include the newly elected council member. Page 8 of 11 City Council Meeting Minutes October 20, 2020 Mayor Bacon said the liaison committee planned to use the results to develop a work plan and bring that to the Council for approval. 13. ADDITIONAL ITEMS Councilmember McCoy welcomed Kevin Gilmore to the council and said he was looking forward to working with him. Councilmember Campbell welcomed Mr. Gilmore and said he looked forward to seeing him on November 3rd. Councilmember Vogt also welcomed Mr. Gilmore. She asked about the CARES funding and questioned how much the City has received and if there will be additional funds coming. City Manager, Michael Wilkes, said the funding had been transitioned to resource planning, addressing purchases that will be needed to address the COVID issue going forward. Resources Management Director, Dianna Wright, said $2.3 million has been authorized by the County. She said some of those items will be on upcoming agendas for Council authorization. One of the projects is to enhance technology in conference rooms. The City had been submitting the actual costs of supplies related to COVID and has received over $700,000 in reimbursement. She said we will continue to use those supplies and will continue tracking those amounts to be able to submit for funding should there be funds allocated at a later time. She said that amount is currently about $250,000. City Manager Wilkes said regular meetings are continuing with the County and expect more funding to be authorized. Councilmember Vogt asked for clarification on if the $2.3 million has been approved. Ms. Wright said the projects have been given the thumbs up to proceed, but once the actual amount has been submitted for reimbursement, they will go back to the County Commissioners for approval and must be done by December 30. Councilmember Vogt asked about what discussions have been had regarding Page 9 of 11 City Council Meeting Minutes October 20, 2020 support for small business. City Manager Wilkes said the county calls this a phase 2 group and he is not on that committee but it is made up of community people. He said the committee is focused on how to get the money to individual businesses. He said he understands they will have to apply and the County is very specific about the audit trail and accountability. Ms. Wright said the County Commissioners have approved the plan and there is almost $30 million in that bucket. Councilmember Vogt expressed concern on how to get the word out to the group of businesses that can benefit and Mr. Wilkes said he knew the Chamber had been working on this. Mayor Bacon pointed out that other neighboring counties have already allocated and paid out funds to businesses who have applied. Councilmember Brownlee congratulated Kevin Gilmore on his appointment. She also thanked Police Chief Butaud for continuing to address human trafficking. Ms. Brownlee asked City Manager Wilkes what needs to be done to open up meeting rooms to allow outside organizations to utilize them again in a safe manner. She also wanted to know how various neighborhood plans, such as the Downtown Plan, the UDO, etc., is communicated to new residents who buy a house and move into an area. City Manager Wilkes said staff will provide the Council information regarding the Comprehensive Plan in terms of zoning, re-zoning and how the Corridor Plan layers on top. Mayor Bacon said he wanted to know how long these plans are valid. He said plans such as for K-7 and major traffic ways have been in place for years and wondered if they needed to be refreshed. Mr. Wilkes said the Comprehensive Plan is looked at about every 10 years and thought it would be addressed in 2021. Mayor Bacon said some of the council members had toured the new courthouse on Friday. He said it is a tremendous facility. Page 10 of 11 City Council Meeting Minutes October 20, 2020 Mr. Bacon also welcomed Kevin Gilmore to the Council and said he is looking forward to working with him. He also mentioned that Mr. Gilmore would be participating in some orientation with staff and indicated other council members could sign up to participate as well, if anyone was interested. Mayor Bacon confirmed that the contracts for new library would be coming before the Council next month. 14. ADJOURNMENT The meeting was adjourned at 8:27 P.M. Brenda D. Long City Clerk Page 11 of 11