City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 20, 2021 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Gilmore Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution No. 21-1052 appointing members to the Parks and Recreation Leadership Board and Board of Trustees of the Olathe Parks and Recreation Foundation. Mayor Bacon presented certificates of reappointment to Keith Hughes and Valerie Bentley. Mayor Bacon also presented a certificate of appointment to Matt Johnson. Reappointed members, Greg Foss and Neida Heusinkvelt, were not able to attend. Motion by McCoy, seconded by Vogt, to approve Resolution No. 21-1052. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt Absent: Gilmore B. Recognition of Olathe high school student champions Mayor Bacon presented awards to students from Olathe schools who had outstanding performances in sports. C. Proclamation recognizing National Night Out. Mayor Bacon presented Olathe Police Sergeant, Joel Yeldell and Mr. Fred Kroos with the proclamation. Mr. Yeldell thanked Mayor Page 1 of 8 City Council Meeting Minutes July 20, 2021 Bacon and the Council for their support. 5. PUBLIC HEARINGS Councilmember Gilmore arrived at 7:21 PM. A. Public hearing to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal. Motion by Campbell, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 6. CONSENT AGENDA Motion by Campbell, seconded by Vogt, to approve the consent agenda. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore A. Consideration of approval of the City Council Meeting Minutes of July 6, 2021. approved B. Consideration of a new drinking establishment application for Chapala Mexican Restaurant LLC, d/b/a Chapala Mexican Restaurant; Renewal drinking establishment applications for Sakura Sushi Train Inc., d/b/a Sakura Japanese Sushi Train, Berger Management LLC, d/b/a Berger Concessions, and Chipotle Mexican Grill of Kansas, LLC, d/b/a Chipotle #738. approved C. Consideration of Resolution No. 21-1053 appointing a member to the Board of Zoning Appeals. approved D. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Prairie Canyon, First Plat (FP21-0026) containing 44 residential lots and seven (7) common tracts on 24.66± acres; located south of College Boulevard west of K-7 Highway. Planning Commission approved this plat 7-0. approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Oak Run, 9th Plat (FP21-0027) containing 54 residential lots on 18.08± acres; located west of Red Bird Street, south of 148th Terrace. Planning Commission approved this plat 7-0. approved Page 2 of 8 City Council Meeting Minutes July 20, 2021 F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Lone Elm Commerce Center Fourth Plat (FP21-0028), containing two (2) lots and one (1) tract on approximately 22.69 acres; located south of Erickson Street and S Monticello Drive. Planning Commission approved plat 7 to 0. approved G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of I-35 Logistics Park Third Plat (FP21-0029) containing one (1) lot and one (1) tract on 45.17 ± acres; located at the northwest corner of 159th Street and Old 56 Highway. Planning Commission approved this plat 7 to 0. approved H. Consideration of Consent Calendar. approved I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the Cedar Creek Parkway, South of College, Benefit District Project, PN 3-B-027-19. approved J. Consideration and Approval of 2022 Community Development Block Grant (CDBG) funding recommendations. approved 7. NEW BUSINESS A. Consideration of Ordinance No. 21-31, VAC21-0002, requesting approval of a vacation of a 30’ sanitary sewer easement; located in the vicinity of W 115th Street and S Cedar Creek Parkway. Planning Commission recommends approval 7 to 0. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-31. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Ordinance No. 21-32 amending Title 9 of the Olathe Municipal Code (The Olathe Public Offense Code). Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-32. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore C. Consideration of Ordinance No. 21-33 amending Title 10 of the Olathe Page 3 of 8 City Council Meeting Minutes July 20, 2021 Municipal Code (The Olathe Traffic Ordinance). Mayor Bacon asked for clarification on the prohibition of viewing any video on an electronic mobile device and if it would include the viewing of a GPS device. Assistant City Attorney, Daniel Yoza, and Police Chief, Mike Butaud, provided clarification. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-33. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Ordinance No. 21-34 regarding the City Council Policy on the Code of Ethics. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-34. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 8. NEW CITY COUNCIL BUSINESS Councilmember Vogt gave thanks to the Olathe Police Department for their service to the community and noted she saw a story on TV where she felt Kansas City, Missouri police were aspiring to be like Olathe. She thanked staff, Nate Baldwin, Therese Vink, and Beth Wright for their help on transportation issues in Ward 4 and reminded people to get vaccinated against COVID-19. Mayor Bacon thanked everyone who attended Olathe Live and noted with the support of people at the event, the Mayor's Children Fund raised more than $2700.00. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS 11. 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 regarding the PlanOlathe Comprehensive Plan Update of the Future Land Use Map (CPA21-0001). Page 4 of 8 City Council Meeting Minutes July 20, 2021 Councilmembers Brownlee and Mickelson asked for a brief presentation on the Future Land Use Map. Senior Planner, Jessica Schuller, provided a presentation to the Council. 2. Report on a request by BT 175 Phase I and BT 175 Future Phase, LLC for a master resolution request totaling 3.6 million square feet and the first single-series phase project under a master resolution for the construction of a 1,123,470 sq. ft. industrial building in the 175th Street Commerce Centre. Councilmembers asked staff for clarifications between a traditional IRB and a payment in lieu of tax (PILOT). Economy Director, Dianna Wright provided an explanation to the council and offered to send a more detailed explanation to them in an email. 3. Report on a request by BTM Land, LLC for a master resolution for future construction of four industrial / manufacturing / flex buildings totaling 2.6 million sf with an investment of $160,901,09 in the 175th Street Commerce Centre East development. Report Accepted 4. Quarterly Procurement Report Report Accepted 5. Report on 2020 external audit and Comprehensive Annual Financial Report. Councilmember Vogt asked for a brief presentation. Economy Director, Dianna Wright, and Jonathan Nibarger, with AGH, provided the council with a high overview of the external audit. Councilmember Vogt asked how the noted material weaknesses would be addressed in future years. Ms. Wright stated staff is already having conversations with the Council's audit liaisons and a debrief with the auditors. Councilmember Vogt asked if there was fraud found. Mr. Nibarger stated no fraud was found and the city complied with all laws and regulations and the books reflect the financial Page 5 of 8 City Council Meeting Minutes July 20, 2021 statements. Councilmember Brownlee stated she felt there was a need for succession planning. Ms. Wright stated there was a need and it was being looked at and job descriptions were being updated. Councilmember Gilmore stated that some of the proposed corrections of the material weaknesses take time to correct and asked when the last time the city had one. Ms. Wright stated in her 10 years with the city they have not had any other material weaknesses but noted there was an adjusting entry 8-9 years ago. Councilmember Gilmore added it was admirable to not have audit adjustments and is wonderful to share with constituents and feels it is important for transparency. Councilmember Gilmore noted that due to the material weakness found the single audit could no longer be classified as low risk. B. DISCUSSION ITEMS 1. Presentation of options for honoring Mayor Michael Copeland. Deputy City Manager, Susan Sherman, presented possible ways of honoring Mayor Copeland. Staff will provide a survey to the council so they can have the opportunity to rank the suggested options and Ms. Sherman will work on getting some rough estimates for the items before it is brought back for more discussion. 2. Budget Workshop #2: General Overview of the proposed 2022 Economic Development & Tourism (Chamber of Commerce), Enterprise Funds (Water and Sewer, Stormwater, and Solid Waste) and Library Fund budgets, 2022-2026 proposed Enterprise Funds CIP and 2022 Enterprise Fund fees. Olathe Chamber of Commerce CEO, Tim McKee, provided a presentation to the council on the Chambers proposed Page 6 of 8 City Council Meeting Minutes July 20, 2021 budget. Much of the council was in consensus to have staff look to see if there is a way to help the Chamber with raises for their staff before the 2nd quarter of 2022. Financial Strategy Manager, John Page, provided a presentation to the council on the water, sewer, stormwater and solid waste proposed budgets. Councilmember Mickelson asked to see the projected cash on hand for solid waste to 2026. Mr. Page said he would provide that to him. Councilmember Brownlee asked to see how Olathe compares to other cities Stormwater Management fees. Mr. Page said staff would provide that to her. Councilmember Mickelson asked to see the last 5 years for the Stormwater Management fee. Chief Financial Service Officer, Sarah Doherty, provided a presentation to the council on the library fund and the proposed mill levy increase. Councilmember Brownlee asked to see what the library fund would look like if the mill levy was increased by .30 this year and the remaining of the proposed .858 increase in three years. 12. ADDITIONAL ITEMS Councilmember Campbell asked when the council would see the tax abatement policies for review. City Manager, Michael Wilkes, stated all incentive policies will be brought for review in October. Mayor Bacon asked to receive further explanation on the proposed PILOT that Page 7 of 8 City Council Meeting Minutes July 20, 2021 will be coming forward from reports two and three. Economy Director, Dianna Wright, said she would provide that along with the methodology used and what the applicant is proposing. Councilmember Brownlee asked to see a comparison of the recommended amount the city is thinking versus what the applicant is suggesting the PILOT amount should be. Ms. Wright stated she would email that to the council as well. Councilmember McCoy congratulated financial staff for receiving the GFOA award for 42 years. Mayor Bacon mentioned there was a groundbreaking for Fareway Meat Market last week. The market will have specialty meats and is located at 151st and Pflumm. 13. ADJOURNMENT The meeting was adjourned at 10:40 PM. Eric Strimple Assistant City Clerk Page 8 of 8