City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 15, 2021 | 7:00 PM 1. CALL TO ORDER Present: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Presentation of City of Champion awards. Mayor Bacon presented awards to students from Olathe schools who had outstanding performances in sports and academics. B. Presentation of the 2022 Proposed Budget. City Manager, Michael Wilkes, gave a presentation on the 2022 Proposed Budget. Councilmember Mickelson asked to receive the traffic counts and crash rates for the road projects in the Infrastructure CIP, because he has received multiple emails about College Boulevard. He also noted his concerns about raising taxes because people are still going through rough times and would like to see justifications for the increases. He would also like to see what citizens will be getting out of the proposed utility rate increases. Councilmember Vogt would like to see the proposed project in the CIP for the last five years to compare the projects that got dropped versus the ones that were funded. Councilmember Gilmore thanked Mr. Wilkes for the presentation. Mr. Gilmore asked for confirmation about the 145 million presented in the General Fund budget and if it represented the revenues collected along with reserves and if property taxes made up 20% of the amount. Mr. Wilkes stated, yes. Page 1 of 7 City Council Meeting Minutes June 15, 2021 Mayor Bacon asked to see the rubric criteria for the CIP projects to show how the selection process works and the data behind the decisions. 5. CONSENT AGENDA Motion by Campbell, seconded by Vogt, to approve the consent agenda. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee A. Consideration of approval of the City Council Meeting Minutes of June 1, 2021. Approved B. Consideration of a new drinking establishment application for CEC Entertainment, LLC, d/b/a Chuck E. Cheese’s. Approved C. Consideration of Resolution No. 21-1043 calling for a public hearing to levy assessments to collect unpaid city expenditures for mowing of weeds and removal of debris. Approved D. Consideration of Resolution No. 21-1044, approving a temporary event permit for alcohol to be possessed and consumed within a designated public area in Downtown Olathe for the Olathe Chamber of Commerce 4th Friday events. Approved E. Consideration of Resolution 21-1045, SU21-0003, for approval of special use permit for Motor Vehicle Sales, Leasing and Rental; located at 820 N. Rogers Road (TopLine Auto). Planning Commission recommends approval 7 to 0 for a one-year period. Approved F. Consideration of Consent Calendar. Approved G. Consideration of Change Order No. 1 to the contract with Kansas Heavy Construction, LLC for construction of the Ridgeview Road Arterial Mill and Overlay Project, PN 3-P-002-21. Approved H. Consideration of a Professional Services Agreement with HNTB Corporation for design of the Mur-Len Road Arterial Mill and Overlay Project, PN 3-P-002-22, and the 151st Street Arterial Mill and Overlay Page 2 of 7 City Council Meeting Minutes June 15, 2021 Project, PN 3-P-004-22. Approved I. Consideration of Professional Services Agreement with Alfred Benesch & Company for design of the Ridgeview Road Arterial Mill and Overlay Project, PN 3-P-003-22. Approved J. Consideration of bid and award of project to Westland Construction, Inc. for construction of the Chestnut Street Sanitary Sewer Rehabilitation Project, PN 1-R-105-21. Approved K. Consideration of award of contract to American Equipment for the purchase of Anti-Ice Tanks for the Street Maintenance Section of Infrastructure. Approved L. Consideration of renewal of contract to Carahsoft for the purchase of Qualtrics Software, Licensing and Services to be utilized by all focus areas and departments. The system licensing and internal support will be managed by the Customer Experience Division housed within Exceptional Services. Approved 6. NEW BUSINESS A. Consideration of Ordinance No. 21-24 amending Chapter 2.86 of the Olathe Municipal Code pertaining to the Land Bank. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-24. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee B. Consideration of Ordinance No. 21-25 granting a contract franchise to WANRack, LLC to construct, operate, and maintain a fiber communications network in the City of Olathe and a Master License Agreement for Attachments to City Facilities. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-25. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee C. Consideration of Resolution No. 21-1046 and Ordinance No. 21-26 authorizing the issuance and delivery of the General Obligation Improvement and Refunding Bonds, Series 234. Page 3 of 7 City Council Meeting Minutes June 15, 2021 Councilmember Gilmore commended staff on the refunding portion, saving the city 1.6 million dollars and thanked the finance team for their diligence. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1046 and Ordinance No. 21-26. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee D. Consideration of Resolution No. 21-1047 authorizing the issuance and delivery of the principal amount of General Obligation Temporary Notes, Series 2021-A. Motion by Campbell, seconded by Vogt, to approve Resolution No.21-1047. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee 7. NEW CITY COUNCIL BUSINESS Councilmember Vogt thanked the solid waste group for excellent customer service that was provided to a constituent with a bulk item pick up that was phoned in late. Councilmember McCoy thanked the City Manager, Deputy City Manager and staff for the hard work on the budget and getting the city through a hard time over the last year. Mayor Bacon stated the City will celebrate the Fourth of July with a fireworks show on Sunday, July 4th, beginning at approximately 9:45 PM. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS Maria Penner, 1860 W. Concord Dr, Olathe, KS 66061, spoke against the current noise ordinance and asked the City to provide decibel meters to officers so they can take a reading before the issuance of a citation. 10. 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. Page 4 of 7 City Council Meeting Minutes June 15, 2021 A. REPORTS 1. Report on proposed 2021 amendments to the Olathe Liquor Laws, O.M.C. Title 7. Report Accepted 2. IRB Report on a request by BCB Olathe Holdings LLC for a single-phase project to construct three buildings totaling 385,000 sq. ft. (113,000-136,000 sf each) for industrial uses near the northwest corner of Fountain Drive and Frontier Lane in the Southpark Olathe Industrial Phase II area development. Councilmember Mickelson asked when the IRB policy would be coming back to the Council for discussion. Economy Director, Dianna Wright stated they would be coming back in the fall. Report Accepted B. DISCUSSION ITEMS 1. Discussion on the Police Building Expansion Phase II project, PN 6-C-010-20. (30 minutes) Police Chief, Mike Butaud and Senior Building Design Manager, Jeff Blakeman, provided a presentation to the Council on the Police Building Expansion Phase II project. Councilmember Campbell is concerns with the timing of the project because of the current market. He suggested if the project needed to cut back costs to look at having the flexibility of cutting back on the parking lot for now and add more at a later date. He also suggested if funding allowed to look at fencing the whole complex for security that would allow the capability to lock down the site if needed for safety, but keeping the aesthetics pleasing. Councilmember McCoy asked if the increased cost of materials was considered in the proposed projects cost. Mr. Blakeman stated the estimate was from the end of 2020, so the increased cost of material is not figured in at this time. Councilmember Mickelson feels it is a smart move to have a secured parking lot for staff to park both their personal vehicle Page 5 of 7 City Council Meeting Minutes June 15, 2021 and city owned police units. He also suggested to look at phasing the parking lot to save in maintenance costs until the parking is needed. Councilmember Vogt asked how the use of the building now compared to the 2004 Master Plan. Mr. Blakeman said that the building organization is very similar but proposed size of the building has been reduced after looking at work flows and space needed. Mayor Bacon asked if there was a must have that staff saw when touring sites around the United States. Chief Butaud stated having a common area for staff to share and congregate is needed because they currently do not have an area. Mayor Bacon also voiced concerns with having all assets in one location instead of having satellite offices. 2. Quality of Life Focus Area Update. (20 Minutes) Mike Sirna, Quality of Life Director, provided a presentation outlining the Quality of Life focus area. Councilmember Gilmore was pleased with the amount of trees the City has planted. Councilmember Vogt thanked staff for opening Frontier Pool for the season. Mayor Bacon encouraged staff to use plants that are easy to maintain in this area. 11. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: For discussions with the City's attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A. 75-4319(b) (2) regarding City of Olathe v. City of Spring Hill, et al., (Johnson County, Kansas District Court Case No. 21CV01003). Page 6 of 7 City Council Meeting Minutes June 15, 2021 Motion by Campbell, seconded by Vogt, to recess into executive session for discussions with the City's attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A. 75-4319(b) (2) regarding City of Olathe v. City of Spring Hill, et al., (Johnson County, Kansas District Court Case No. 21CV01003) for 20 minutes. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee Council returned to the dais at 9:32 PM. Mayor Bacon made a motion to recess back into executive session for an additional 10 minutes. Councilmember Campbell seconded. The motion passed 4-0. 12. RECONVENE FROM EXECUTIVE SESSION Councilmember Campbell stated for the record that Councilmember Brownlee joined executive session by phone but would not participate in the vote. Motion by Campbell, seconded by Vogt, to authorize staff to take all action necessary to pursue an appeal in City of Olathe v. City of Spring Hill, et al., (Johnson County, Kansas District Court Case No. 21CV01003), and to proceed with strategies as discussed with and directed by the Governing Body. The motion passed with the following vote: Yes: Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Brownlee 13. ADDITIONAL ITEMS 14. ADJOURNMENT The meeting was adjourned at 9:50 PM. Eric Strimple Assistant City Clerk Page 7 of 7