City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 21, 2021 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA Motion by Campbell, and 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 Gilmore A. Consideration of approval of the City Council meeting minutes of September 7, 2021. Approved B. Consideration of a renewal drinking establishment application for Boyd & Boyd, Inc. d/b/a Olathe Lanes East. Approved C. Consideration of Resolution No. 21-1061 adopting the City’s Investment and Cash Management Policy. Approved D. Consideration of Resolution No. 21-1062 (PLN21-0004), requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. Approved E. Consideration of the Purchase of Evidence Management System (EvidenceOnQ™) to Replace Current Evidence Management System (MIDAS). Approved F. Consideration of Consent Calendar. Approved G. Consideration of Change Order No. 6 with Miles Excavating, Inc for construction of the Interstate 35 and 119th Street Interchange Page 1 of 8 City Council Meeting Minutes September 21, 2021 Reconfiguration Project, PN 3-C-026-16. Approved H. Consideration of Resolution No. 21-1063 authorizing the 2021 Sidewalk Construction Project, PN 3-C-072-21; and repealing Resolution No. 21-1008. Approved I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to MegaKC Corporation for construction of the 2021 Sidewalk Construction Project, PN 3-C-072-21. Approved J. Consideration of award of contracts to O’Reilly Auto Parts, Advance Auto Parts and Genuine Parts Company dba NAPA Auto Parts for the purchase of Automotive Parts and Supplies for the Vehicle Maintenance Section of Public Works. Approved K. Consideration of contract with WEX to take over administration of the VEBA/HRA, Flexible Spending Accounts and COBRA/Retiree Premium Billing. Councilmember Mickelson asked for item K to be removed from the Consent Agenda and be considered separately. He said he wanted to disclose that the company he works for does business with WEX but that he doesn't derive any personal benefit or compensation from the business relationship and after consulting with the City Manager and City Attorney, he would vote on this item. Motion by Campbell, seconded by Vogt, to approve item K. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 5. NEW BUSINESS A. Consideration of Ordinance No. 21-40 (RZ21-0009), Request rezoning from R-1 (Residential Single-Family) to M-2 (General Industrial) District and preliminary site development plan for the 159 Lone Elm Industrial Development on approximately 72.31 acres; located north of 159th Street and east of Lone Elm Road. Planning Commission recommends approval 9 to 0. Senior Planner, Jessica Schuller, gave a presentation regarding this re-zoning. Page 2 of 8 City Council Meeting Minutes September 21, 2021 Councilmember Brownlee asked who the tenants might be and Ms. Schuller said they did not know at this time. Ms. Brownlee also asked about the wording for prohibiting power generators. Ms. Schuller said the UDO would not prevent solar panels. Mayor Bacon asked if there needed to be an adjustment to the wording to allow for solar panels and Ms. Schuller said she did not believe that should be an issue. Councilmember McCoy asked about the water service to this location and Ms. Schuller said it was in the Water One service area. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-40. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Ordinance No. 21-41 (RZ21-0010), request for approval of a rezoning from the RP-2 (Planned Two-Family Residential) District to the R-3 (Low Density Multifamily Residential) District and a Preliminary Site Development Plan for Stonebridge Crossing; located at the northwest corner of the intersection of 167th Street and Mur-Len Road. Planning Commission recommends approval 8-1. Senior Planner, Zachary Moore, gave a presentation regarding this re-zoning. Councilmember Vogt asked about the planned green space. Mr. Moore said the applicant is exceeding the requirements on the green space they are planning. Ms. Vogt asked how it compared to the previous plans and Mr. Moore said they have increased the green space. Ms. Vogt also asked about where the location of the protest petitions were and Mr. Moore showed the locations on the map. Councilmember Brownlee asked about the dates of the protest petitions and Mr. Moore explained one was received prior to the public hearing and 14 were received after. The applicant, Brian Rodrock with Rodrock Development and Katie Martinovic with NSPJ Architects, gave a presentation with additional information regarding this development. Page 3 of 8 City Council Meeting Minutes September 21, 2021 Councilmember Mickelson asked about the number of dwellings per unit. Ms. Martinovic said there were 8 - 12 units per building. She also said they also have garages. Mr. Mickelson asked if there were any buildings more than two stories and Ms. Martinovic said there were not. Councilmember McCoy asked about the number of people who would occupy the units and Ms. Martinovic said the units are 2-3 bedrooms. Mr. McCoy asked about the cost of the units. Councilmember Gilmore asked questions about the traffic and noted there had been more density with the single family homes and Ms. Martinovic said that was correct. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-41. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore C. Consideration of proposed amendments to Titles 3, 6, 13, and 15 of the Olathe Municipal Code relating to utility provisions. Motion by Campbell, seconded by Vogt, to approve proposed amendments to Titles 3, 6, 13 and 15. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Ordinance No. 21-50 authorizing the issuance of taxable industrial bonds, Series 2021, not to exceed $4,266,000 to provide funds to construct an approximate 18,250 sq. ft. office building located north of 103rd Street and west of Shadow Ridge Drive in the Cedar Creek Office Development. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-50. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore E. Consideration of Ordinance No. 21-51 authorizing the issuance of taxable industrial bonds, Series 2021, not to exceed $110,440,000 to provide funds to construct an approximate 400,000 sq. ft. warehouse facility located at Lone Elm Commerce Center northwest of W. 167th St. and Lone Elm Rd. Page 4 of 8 City Council Meeting Minutes September 21, 2021 Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-51. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore F. Consideration of Ordinance No. 21-52 authorizing the issuance of taxable industrial bonds, Series 2021, not to exceed $40,000,000 to provide funds to construct a multi-family residential facility at 201 E Park St in Downtown Olathe. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-52. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore G. Consideration of Ordinance No. 21-53 adopting the 2022 City of Olathe Budget. Councilmember Vogt said she believed the funding for the library could be realized without raising the mill levy. Councilmember Gilmore thanked staff for all their work on the budget. He said historically they had always maintained the mill levy and was glad to see a movement to continue to do so. He also said he could not support the proposed budget as he wanted to see a decrease in the mill levy. Councilmember Mickelson said he believed they had made good progress and would support the motion. He said he hoped to see a decrease in the future. He also thanked staff for their work and flexibility. Councilmember Campbell thanked all those who had sent messages. He said the mill levy has decreased significantly since he was first elected to the Council. He said he believed growth had to pay for itself. He said he believed that until there was a global response to taxes, they would continue to increase. He said staff had done a great job with the budget and while he was going to support the motion to not increase the mill levy he believed they were kicking it down the road. Councilmember Brownlee said she appreciated the citizen Page 5 of 8 City Council Meeting Minutes September 21, 2021 engagement in the budget process. She said she appreciated holding the mill levy flat. Mayor Bacon said he was a strong advocate for the library and that he was confident the residents fo Olathe expected quality. He said quality would cost and that if they had joined the Johnson County Library system they would already be paying more. He said he would support the motion but would have to discuss it next year. Motion by Vogt, seconded by McCoy, to amend Exhibit A of Ordinance No. 21-53 to reflect a maximum tax rate of 3.047 mills for the Library Fund, raising a maximum Amount of 2021 Ad Valorem Tax for the Library Fund of $6,810,982. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, and Vogt No: Gilmore H. Consideration of Resolution No. 21-1064 adopting the 2022-2026 Capital Improvement Plan. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1064. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore I. Consideration of Resolution No. 21-1065 establishing a “Comprehensive Listing of Fees and Charges.” Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1065. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 6. NEW CITY COUNCIL BUSINESS Councilmember Vogt thanked staff for all the hard work on the budget. Councilmember McCoy spoke about the library groundbreaking and thanked staff for their work on putting together a great event. He also thanked IT staff for the assistance they had given him with technology. Councilmember Mickelson said he had visited with the Teen Council and had a great time getting to know them. He said he is excited for the year and their engagement with City events and activities. Page 6 of 8 City Council Meeting Minutes September 21, 2021 Mayor Bacon shared that a team of fire staff had gone to Louisiana to assist with the cleanup from the hurricane. He also mentioned two awards the fire department had received. He congratulated Fire Chief Jeff DeGraffenreid and all the fire staff. He also congratulated the Noon Optimist on celebrating 75 years in Olathe. 7. END OF TELEVISED SESSION 8. GENERAL ISSUES AND CONCERNS OF CITIZENS Earl Martin, 12519 S. Prairie Creek Parkway, spoke regarding traffic flow concerns. Rebecca Shiply, 21000 W. 105th Street, spoke regarding budget and taxes. Nick Payne, 26418 W. 109th Terrace, spoke regarding budget and taxes. 9. 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 the request by Catholic Care Campus, Inc. (dba Santa Marta) for the issuance on industrial revenue bonds to refund and redeem all outstanding Series 2015B Bonds. Report accepted. B. DISCUSSION ITEMS 1. Legal Focus Area Update. (20 minutes) City Attorney Ron Shave and Judge Katie McElhinney presented an update for the Legal department. Councilmember McCoy commented on the new security that was recently installed at the Municipal Court and said he believed it had been a great investment for the City. Judge McElhinney said she believed it was working well. 10. ADDITIONAL ITEMS Councilmember McCoy encouraged everyone to enjoy the fall season. Page 7 of 8 City Council Meeting Minutes September 21, 2021 Councilmember Brownlee said the City has an excellent judge and an excellent police department. Mayor Bacon acknowledge the speakers who had shared their thoughts during the meeting. 11. ADJOURNMENT The meeting was adjourned at 8:30 PM. Brenda D. Long City Clerk Page 8 of 8