City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 7, 2021 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation designating September 2021 as Deaf Cultural Month. Mayor Bacon read and presented the proclamation to Jennifer Kucinski, a member of the Persons with Disabilities Advisory Board. Ms. Kucinski thanked the Council for the recognition and shared information about American Sign Language and the Kansas School for the Deaf. B. Proclamation designating Sept. 15 - Oct. 15 Hispanic Heritage Month. Mayor Bacon read and presented the proclamation to Luis Araujo, owner of Carmen's Cocina. Mr. Araujo thanked Mayor Bacon and the Council for the recognition. 5. PUBLIC HEARINGS A. Consideration of a public hearing to hear comments regarding the proposed City of Olathe FY 2022 budget and exceeding the revenue neutral rate. Jarrod Stewart, Budget and Performance Analyst, gave a short presentation regarding the budget process and the Revenue Neutral Property Tax Rate. Councilmember Gilmore asked clarifying questions about what specifically they were being asked to vote on. Mr. Stewart said all that was being approved on this agenda was the resolution that approved exceeding the revenue neutral tax rate. Mr. Gilmore asked about the percentage of the tax increase and Mr. Stewart said he would provide him with the data he requested. Mr. Gilmore also Page 1 of 9 City Council Meeting Minutes September 7, 2021 noted the home value that was used to calculate the proposed increases and asked if that number took into consideration property value increases. Mr. Stewart said it was using current values. Councilmember Vogt asked about the water and sewer rate increases from last year. John Page, Financial Strategy Manager, said sewer was increased 4.5 percent and water 3.5 percent. Mayor Bacon asked if there were other taxing entities proposing increases. Mr. Stewart said he was unsure and Mr. Gilmore said other taxing entities were proposing mill rate decreases. Claire Regan, 17673 W. 156th Street, Olathe, spoke in support of the Library funding. Dave Trabert, 8143 W. 131st Ct. Overland Park, spoke in opposition to exceeding revenue neutral. B. Consideration of Resolution No. 21-1059 authorizing a levy of property taxes in support of the budget for the City of Olathe for the FY 2022 budget year that requires a property tax rate exceeding the revenue neutral rate and establishing an amount not to exceed of 9.938 mills for the General Fund, 9.724 mills for Debt Service Fund, 3.905 for Library Fund, and 1.731 mills for the Fire Levy Fund. Councilmember Gilmore said he would support the resolution approving exceeding the revenue neutral tax rate, but not necessarily the increase of the mill levy. He said he supported the Library, but thought there could be other ways to find the funding. He also said he believed the budget documents that are made available to the public need to have more clarification. Councilmember Mickelson said he did not support the resolution and believed the cap was too high. Councilmember Vogt asked staff to make budget documents available on the website for the public to access prior to the budget vote scheduled for the next council meeting. Mayor Bacon suggested the PowerPoint that was presented could be included as well. Page 2 of 9 City Council Meeting Minutes September 7, 2021 Motion by Vogt, seconded by McCoy, to approve Resolution No. 21-1059. The motion carried by the following vote: Yes: McCoy, Bacon, Vogt, and Gilmore No: Brownlee, and Mickelson Absent: Campbell Mayor Bacon called for a motion to close the public hearing. Motion by Vogt, seconded by McCoy, to close the Public Hearing, The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell 6. CONSENT AGENDA Councilmember Vogt asked for item F to be removed from the Consent Agenda and considered separately. Councilmember Brownlee asked for item H to be removed from the Consent Agenda and considered separately. Motion by Vogt, seconded by McCoy, to approve the Consent Agenda with the exception of item F and H. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell A. Consideration of approval of the City Council meeting minutes of August 17, 2021. Approved B. Consideration of new drinking establishment applications for Park Street Pastry LLC & First Watch Restaurants Inc., d/b/a First Watch #482; renewal drinking establishment applications for KMachos Mexican Restaurant & Cantina, LLC; Aramark Services of Kansas Inc. d/b/a John Deere Agriculture Marketing Center & RCBC LLC, d/b/a Red Crow Brewing Company. Approved C. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of College Ridge Apartments (FP21-0037) containing one (1) lot and one (1) common tract on approximately 41.09 acres; southwest of College Boulevard and Ridgeview Road. Planning Commission approved the plat 7 to 0. Page 3 of 9 City Council Meeting Minutes September 7, 2021 Approved D. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Olathe Commerce Park, Second Plat (FP21-0036), containing one (1) lot on approximately 7.36 acres; located northeast of Dennis Avenue and Pine Street. Planning Commission approved the plat 7 to 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 of Southpark Commerce Center (FP21-0035) containing three (3) lots and one (1) tract on approximately 34.01 acres; located southwest of Old 56 Highway and Harrison Street. Planning Commission approved the plat 7 to 0. Approved F. Consideration of Resolution No. 21-1060 allowing the hunting of deer with bow and arrow for the 2021-2022 season as part of Olathe’s Urban Deer Management Program. Councilmember Vogt asked for item F to be removed and considered separately. Councilmember McCoy asked questions regarding the chronic wasting disease that effects the deer population. Paul Krueger, Parks Services Manager, addressed his questions. Motion by Bacon, seconded by Gilmore, to approve item F. The motion carried with the following vote: Yes: Brownlee, Mickelson, Bacon, and Gilmore No: McCoy, and Vogt Absent: Campbell G. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Linaweaver Construction, Inc. for construction of the Indian Creek I&I Point Repair Pilot Project, PN 1-C-016-21. Approved H. Consideration of an agreement with RDG Schutte Wilscam Birge Inc., dba RDG Planning & Design for planning and design for the 2040 Trails and Greenways Guiding Plan, PN 4-C-120-21. Councilmember Brownlee asked for item H to be removed and considered separately. She asked about the percentage of trails that have been completed Page 4 of 9 City Council Meeting Minutes September 7, 2021 according to the Parks Master Plan. Nate Baldwin, City Engineer, said he didn't know that number but would provide that information to her. Ms. Brownlee asked if this agreement should wait until the Parks Master Plan had been updated, and Mr. Baldwin said staff believed this agreement was needed so it could be incorporated into the master plan. Motion by Vogt, seconded by McCoy, to approve item H. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell I. Consideration of award of contract to K & W Underground, Inc. for fiber restoration, support, installation, and maintenance for use by the City of Olathe. Approved J. Consideration of award of contract to Foley Equipment Company for the purchase of a mini excavator for the Stormwater Division of Infrastructure. Approved K. Consideration of renewal of contract to Crafco, Inc. for the purchase of crack repair material for the Field Operations Division of Infrastructure. Approved 7. NEW CITY COUNCIL BUSINESS Councilmember Brownlee recognized Ralph Richardson, the former CEO of K-State Olathe, for honors he recently received in the field of agriculture. In addition, she said K-State Olathe would be offering a Construction Science field of study. Councilmember Vogt said she had attended the Know Your Neighbor at the Indian Creek Library. She said she looks forward to seeing more of the same kind of events to offer to the community. Councilmember McCoy wanted to recognize Olathe's Fire Department. He noted that some fire department staff have gone to Louisiana to assist in the aftermath of the hurricane. Mayor Bacon invited citizens of Olathe to the ground breaking for the new downtown library, which will be held at City Hall on September 18, at 10:00 AM. Page 5 of 9 City Council Meeting Minutes September 7, 2021 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS None 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. A. REPORTS 1. Report on proposed amendments to Titles 3, 6, 13, and 15 of the Olathe Municipal Code relating to utility provisions. Report Accepted 2. Report of Evidence Management System (EvidenceOnQ™) to Replace Current Evidence Management System (MIDAS). Councilmember Brownlee asked for more information. She asked how this new system would interface with other systems the police department currently uses. Police Chief Mike Butaud said it would interface with other programs used by the police department as well as the municipal court. Councilmember Vogt asked how this system will be different from what they had been using. Chief Butaud said this is a system with a large company with many years of service. Mayor Bacon asked how long they had been in business and Chief Butaud said he couldn't recall exactly, but knew it was several years. Mayor Bacon also asked about the data transfer process and Chief Butaud said they do an evidence audit two times a year and would do that before and after the transfer to maintain the integrity of the evidence stored in the system. B. DISCUSSION ITEMS 1. Continued discussion of project proposals for honoring Mayor Michael Copeland. Deputy City Manager Susan Sherman, gave an update on Page 6 of 9 City Council Meeting Minutes September 7, 2021 possible projects to honor Mayor Copeland. Councilmember McCoy asked how the scoring worked and Ms. Sherman explained that the lower the score the higher the rank. Mayor Bacon asked what options had already been approved for funding and Ms. Sherman said both option 1 and 2 had already been planned and budgeted for. Councilmember Brownlee asked clarifying questions about the cost of the art structure for option one. Ms. Sherman said they anticipated the new signage would be about $15,000. Councilmember McCoy suggested seeking input from Olathe residents. Councilmember Vogt agreed this might be a good option. Councilmember Gilmore said he was comfortable with seeking resident input, but felt they needed to move forward. He said he was comfortable with moving forward with the first option. Councilmember McCoy said he felt they should only move forward with those options that were currently funded. Mayor Bacon said he thought option number two would be completed first and option one would be completed when the downtown library was finished. Mayor Bacon also said he agreed with citizen engagement. Councilmember Vogt also suggested they visit with the Chamber of Commerce to see what they might have in mind. 11. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. For consultation with the City's attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception Page 7 of 9 City Council Meeting Minutes September 7, 2021 provided in K.S.A. 75-4319(b)(2) regarding City of Olathe v. City of Spring Hill, et al., Kansas Court of Appeals Appeal No. 124156. Motion by Vogt, seconded by McCoy, to recess into an executive session for consultations 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., Kansas Court of Appeals Appeal No. 124156 for 15 minutes and resume in the council chambers at 8:23 PM. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell 12. RECONVENE FROM EXECUTIVE SESSION Motion by Vogt, seconded by McCoy, to authorize staff to proceed with strategies as discussed with and directed by the Governing Body. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, Vogt, and Gilmore Absent: Campbell 13. ADDITIONAL ITEMS Councilmember McCoy recognized the 13 service men and women who lost their lives in Afghanistan. He also said he appreciates the City's police force and wanted to honor all who serve. Councilmember Vogt said she had a citizen ask about the Olathe Link and wondered if there could be some modifications to help those who are color blind be able to read it easier. She also said a suggestion had been made to use the Olathe Link to provide articles to help residents better understand the budget process. Tim Danneberg, External Affairs and Issues Management Director, said there are plans to make some changes that will help with vision concerns. He also said Cody Kennedy, Chief Communication and Marketing Officer, was working on articles to address the budget. Councilmember Brownlee asked staff to provide information regarding the current usage of the Library. 14. ADJOURNMENT The meeting was adjourned at 8:30 PM. Page 8 of 9 City Council Meeting Minutes September 7, 2021 Brenda D. Long City Clerk Page 9 of 9