City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 21, 2021 | 7:00 PM A reception to honor Councilmember Karin Brownlee for her years of service to the Olathe City Council was held at 6:30 PM. 1. CALL TO ORDER Present: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. Mayor Bacon announced that staff had asked for Item K be removed from the consent agenda to be considered at a later date. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS Mayor Bacon recognized Councilmember Karin Brownlee for her contribution to the Olathe community and her service on the City Council and presented her with a gift. Ms. Brownlee thanked the Mayor, City Staff and the community for allowing her to serve. A. Consideration of Resolution No. 21-1079 appointing and reappointing members to the Olathe Public Art Committee. Mayor Bacon introduced each appointee and presented them with a certificate. The appointees all expressed their gratitude for being asked to serve the community in this capacity. Motion by McCoy, seconded by Mickelson, to approve Resolution No. 21-1079. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt B. Consideration of Resolution No. 21-1080 appointing a member to the Board of Housing Commissioners. Mayor Bacon presented John Bennie with a certificate of Page 1 of 8 City Council Meeting Minutes December 21, 2021 appointment and Mr. Bennie said he was pleased to have been asked to serve. Motion by McCoy, seconded by Mickelson, to approve Resolution No. 21-1080. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt C. Consideration of Resolution No. 21-1081 appointing a member to the Planning Commission. Mayor Bacon presented a certificate of appointment to Jeff Creighton and Mr. Creighton said he was thrilled to be able to serve the community. Motion by McCoy, seconded by Brownlee, to approve Resolution No. 21-1081. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt 5. CONSENT AGENDA Councilmember Mickelson asked for item J to be removed from the consent agenda and considered separately. Councilmember McCoy asked for item O to be removed from the consent agenda and considered separately. Motion by McCoy, seconded by Brownlee, to approve the consent agenda with the exception of items J, K, and O. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt A. Consideration of approval of the City Council meeting minutes of December 7, 2021. Approved B. Consideration of cereal malt beverage applications for calendar year 2022. Approved C. Request for the acceptance of the dedication of land for public easements for a final plat of Courts at Stonebridge, Replat of Tract A (FP21-0044) containing nine (9) lots and three (3) tracts on approximately 4.28 acres; located northeast of 168th Terrace and W. 169th Place. Planning Commission approved this plat 8 to 0. Page 2 of 8 City Council Meeting Minutes December 21, 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 Subaru of Olathe (FP21-0039) containing one (1) lot on 9.13 acres; located at the northeast corner of 119th Street and Renner Boulevard. Planning Commission approved this plat 8 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 Great Plains Commerce Center First Plat (FP21-0046), containing one (1) lot and two (2) tracts on approximately 18.69 acres; located at 159th Street and Lone Elm Road. Planning Commission approved the plat 8-0. Approved F. Consideration of Consent Calendar. Approved G. Consideration of a Professional Services Agreement with CDM Smith, Inc. for design of the Remote Facilities Improvements Project, PN 5-C-002-20. Approved H. Consideration of an Agreement with the City of Overland Park for use of the Right-of-Way to relocate a watermain for the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Approved I. Consideration of quote from Terry-Durin Company for fiber optic cable and associated materials for the City of Olathe. Approved J. Consideration of an Agreement for a sculpture for the Sheridan and Ridgeview Roundabout. Councilmember Mickelson asked for this item to be removed from the Consent Agenda and be considered separately. He said he was going to support the item, but asked staff to bring a report back to the Council six months and again at a year after the art is installed to ensure there were no traffic issues caused by distracted drivers. Motion by McCoy, seconded by Brownlee, to approve item J. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt K. Acceptance of bids and consideration of award of contracts to Fleet Fuels LLC and Champion Brands LLC for the purchase of antifreeze Page 3 of 8 City Council Meeting Minutes December 21, 2021 and lubricants for the City of Olathe. Item K was removed by staff to be considered at a later date. L. Consideration of an Agreement with Haren Companies for the replacement of a window system, as part of the Mahaffie Heritage Center Project, PN 4-C-013-15. Approved M. Acceptance of proposal from Columbia Capital Municipal Advisors for Investment Management Services. Approved N. Consideration of contract with KU Public Management Center to provide team development training in 2022. Approved O. Acceptance of bid and consideration of award of contract to Conrad Fire Equipment Inc., for the replacement purchase of two (2) Pierce Velocity Pumpers for the Fire Department. Councilmember McCoy asked that item O be removed from the Consent agenda and be considered separately. He ask why the City was needing to purchase two additional fire trucks. Fire Chief Jeff DeGraffenreid said these are not additional fire trucks but would be replacements. He explained that the fleet is continually being evaluated for reliability. He said once there are reliability issues, they begin the process of replacement. He also pointed out that currently there is expected to be a 17 month wait for the new vehicle to arrive so they believed it was pertinent to get the approval now. Councilmember Brownlee also asked Chief DeGraffenreid to share more information about what happens to the trucks that are being replaced. Chief DeGraffenreid said they use a third party vendor to resell the vehicles to communities who might not otherwise be able to purchase a good truck. He also said that the trucks from Olathe are highly sought after because they are kept in good running condition. Councilmember Mickelson asked what the normal wait time was for a truck and Chief DeGraffenreid said it is usually six months to one year and he was happy to say that Conrad Fire Equipment was also Page 4 of 8 City Council Meeting Minutes December 21, 2021 guaranteeing the current price. Motion by McCoy, seconded by Brownlee, to approve item O. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt P. Consideration of purchase from Laerdal Medical Corporation for SimMan Essential EMS Simulation Manikin, hardware, software, and support services. Approved 6. NEW BUSINESS A. Consideration of Ordinance No. 21-59 levying maximum preconstruction assessments for construction of Hedge Lane - 175th to approximately 2,615’ north as previously authorized by Resolution 21-1072. Councilmember Brownlee asked if this would complete Hedge Lane and City Attorney, Ron Shaver said that there would be a gap from the north edge of this property to 167th Street. Motion by McCoy, seconded by Brownlee, to approve Ordinance No. 21-59. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt B. Consideration of Ordinance No. 21-60 (ANX-21-0004) annexing approximately 152.015 acres into the corporate boundaries of the City of Olathe. Motion by McCoy, seconded by Brownlee, to approve Ordinance 21-60. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt C. Consideration of Ordinance No. 21-61 (VAC21-0003), requesting the vacation of a drainage easement for Stonebridge Partners LLC; located at 17110 W 164th Street. Planning Commission recommends approval 8-0. Motion by McCoy, seconded by Brownlee, to approve Ordinance No. 21-61. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt 7. NEW CITY COUNCIL BUSINESS Page 5 of 8 City Council Meeting Minutes December 21, 2021 Councilmember Mickelson congratulated Councilmember Brownlee on her new endeavors. He also thanked Mary Ann Vassar for her service as she has taken a new position out of state. He wished everyone a Merry Christmas and Happy New Year. Councilmember McCoy thanked Ms. Brownlee for here service and said it was an honor to serve with her. He wished everyone a Merry Christmas and Happy New Year. Councilmember Brownlee thanked staff for the reception in her honor. Councilmember Gilmore also thanked Ms. Vassar for her service and said she would be missed. He thanked Ms. Brownlee for her service to the community and acknowledged she was a great friend and leader in the community. City Manager, Michael Wilkes thanked Ms. Brownlee and said he appreciated all she has done in the community. He wished everyone a Merry Christmas. Mayor Bacon said he had enjoyed working with Ms. Brownlee. He also said they were sad to see Ms. Vassar go but wished her well and she had been a excellent partner. Mayor Bacon said the students in the Olathe schools had raised a record amount for Pennies for Shoes as a part of the Olathe Mayor's Children's Fund. This year's total was over $38,000. He wished everyone a Merry Christmas and a Happy New Year. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS William Stutts, 1286 E Sheridan Bridge Lane, spoke about concerns he has regarding the newly installed round about at Ridgeview and Sheridan Bridge Lane. Mayor Bacon asked if the markings had been installed yet, and Mr. Stutts said they had. Mayor Bacon said staff would look into his concerns. Page 6 of 8 City Council Meeting Minutes December 21, 2021 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 the 2022 Audit Plan. Report accepted. 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 provided in K.S.A. 75-4319(b)(2) regarding City of Olathe v. Carollo/Garney, LLC, Johnson County District Court Case No. 20CV00100. (10 min) Motion by McCoy, seconded by Brownlee, to recess into an executive session for consultation 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. Carollo/Garney, LLC, Johnson County District Court Case No. 20CV00100 for 10 minutes. The motion carried with the following vote: Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt 12. RECONVENE FROM EXECUTIVE SESSION Motion by McCoy, seconded by Brownlee, to authorize the City Attorney to finalize, and the Mayor to execute, a settlement agreement and release regarding City of Olathe v. Carollo/Garney, LLC, Johnson County District Court Case No. 20CV00100, as directed by the governing body. Yes: Brownlee, Mickelson, McCoy, Bacon, and Gilmore Absent: Campbell, and Vogt 13. ADDITIONAL ITEMS Councilmember Gilmore wished everyone a Merry Christmas and thanked staff for all they do. Councilmember Brownlee wished everyone a Merry Christmas. Councilmember McCoy mentioned the tornados in Kentucky and said he had Page 7 of 8 City Council Meeting Minutes December 21, 2021 taken supplies to help with the cleanup efforts. He also encouraged everyone to help if they were so inclined. Mayor Bacon wished everyone a Merry Christmas. 14. ADJOURNMENT The meeting was adjourned at 7:51 PM. Brenda D. Long City Clerk Page 8 of 8