City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 18, 2022 | 6:30 PM IT staff was available at 6:00 PM to assist council members with the new multi-factor authentication computer set up. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. 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) pertaining to a development agreement. Motion by Gilmore, seconded by Vogt, 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 a real estate contract and development agreement for 25 minutes. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 3. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to authorize the City Attorney to finalize, and the Mayor to execute, a real estate contract and development agreement with Sunflower Olathe, LLC, as directed by the governing body. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda. The motion carried with the following vote: Page 1 of 9 City Council Meeting Minutes January 18, 2022 Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter A. Consideration of approval of the City Council meeting minutes of January 4, 2022. Approved B. Consideration of cereal malt beverage applications for calendar year 2022. Approved C. Consideration of new drinking establishment application for Tall Trellis LLC, d/b/a Tall Trellis Brew Co. Approved D. Consideration of renewal drinking establishment applications for HOA Hotels KC LLC, d/b/a Embassy Suites - Burger Shed; Murlen Road Pizza LLC, d/b/a Minsky’s Pizza; Hy-Vee Inc, d/b/a Hy-Vee #1 - Market Grille. Approved E. Consideration of Resolution No. 22-1004 establishing a regular schedule of dates and times for City Council meetings until the next City election. Approved F. Request for the acceptance of the dedication of land for public easements for a final plat of Cedar Creek Corporate Park E.J. 4th Plat (FP21-0043) containing one (1) lot on 2.37 acres; located northwest of College Boulevard and S. Clare Road. Planning Commission approved this plat 6 to 0. Approved G. Request for the acceptance of the dedication of land for public easements for a final plat of Courts at Stonebridge, Second Plat (FP21-0048) containing 12 lots and eight (8) tracts on approximately 9.29 acres; located south of 167th Street and east of Mur-Len Road. Planning Commission approved this plat 6 to 0. Approved H. Request for the acceptance of the dedication of land for public easements for a final plat of Courts at Stonebridge, Third Plat (FP21-0049) containing 13 lots and nine (9) tracts on approximately 9.79 acres; located southwest of 167th Street and Brougham Drive. Planning Commission approved this plat 6 to 0. Approved I. Consideration of Consent Calendar. Approved Page 2 of 9 City Council Meeting Minutes January 18, 2022 J. Consideration of Resolution No. 22-1005 authorizing 2022 Street Preservation Program, PN 3-P-000-22. Approved K. Consideration of Resolution No. 22-1006 authorizing the 2022 Advanced Transportation Management System (ATMS) Replacement and Repair Project, PN 3-C-037-22. Approved L. Consideration of Resolution No. 22-1007 authorizing the 2022 Structures Repair Project, PN 3-G-000-22. Approved M. Consideration of Resolution No. 22-1008 authorizing the 2022 Digital Network Reliability Project, PN 7-C-006-22. Approved N. Consideration of Resolution No. 22-1009 authorizing the 2022 Miscellaneous ADA Sidewalk Repair and Replacement Project, PN 3-C-093-22. Approved O. Consideration of Resolution No. 22-1010 authorizing the 2022 Sidewalk Construction Project, PN 3-C-072-22. Approved P. Consideration of Professional Services Agreement with GLMV Architecture, Inc. for the design of the 2022 Sidewalk Construction Project, PN 3-C-072-22. Approved Q. Consideration of Resolution No. 22-1011 authorizing the 135th and Greenwood Geometric Improvements Project, PN 3-C-108-22. Approved R. Consideration of a Professional Services Agreement with Renaissance Infrastructure Consulting, Inc. for design of the 135th and Greenwood Geometric Improvements Project, PN 3-C-108-22. Approved S. Consideration of Resolution No. 22-1012 authorizing the Modernization of Fire Stations Project, PN 6-C-031-22. Approved T. Consideration of Resolution No. 22-1013 authorizing the Future Fire Station Land Procurement Project, PN 7-C-041-22. Approved U. Consideration of a Professional Services Agreement with HNTB Corporation for design of the Indian Creek - Lindenwood, Jamestown to Page 3 of 9 City Council Meeting Minutes January 18, 2022 Arrowhead, Stormwater Improvement Project, PN 2-C-016-22. Approved V. Acceptance of bids and consideration of award of contracts to Fleet Fuels LLC and Heathwood Oil Co., Inc. for the purchase of antifreeze and lubricants. Approved W. Consideration of a renewal of Addendum to the Interlocal Cooperation Agreement between the between the Olathe Public Library and the Johnson County Library for automated circulation, customer and bibliographic services. Approved 7. NEW BUSINESS A. Consideration of Resolution No. 22-1014 authorizing the 2022 Traffic Signals Project, PN 3-TS-000-22. Beth Wright, Infrastructure Deputy Director, gave a presentation regarding proposed signals located at 138th and Blackbob, Sunset and Ridgeview and Clare Rd. and College. Ms. Wright also referenced agenda item D in her presentation. Councilmember Vogt thanked Ms. Wright and questioned how staff proposed to manage traffic flow with signals so close together on Ridgeview. Ms. Wright said there would be delays programmed for different times of day on the side streets. She said this would allow better traffic flow on Ridgeview during off peak times. Ms. Vogt asked when construction would begin and Ms. Wright said design would be in 2022. Councilmember Mickelson said he had concerns about being stopped at each light in a short distance and reminded staff of citizen concerns that had been shared about traffic flow. Mayor Bacon asked about the project at 138th and Blackbob and what additional right of way would be needed to accomplish the project. Ms. Wright said staff would be working with the post office to find the best solution. Mayor Bacon asked about the recent approval of the outdoor amphitheater and how that might affect the signals on Ridgeview. He Page 4 of 9 City Council Meeting Minutes January 18, 2022 suggested staff might consider flashing yellow lights during the night. Ms. Wright said staff would look at that as a solution, but said it usually created interesting transitions. She also pointed out that sometimes emergency vehicles interrupted the programmed signal sequence. Mayor Bacon asked about the type of detection that is used when cars approach a signal. Ms. Wright said they are better able to control the signals with the equipment the City uses. Councilmember Gilmore suggested there could be a right only onto Blackbob out of the post office parking lot. Ms. Wright said staff would look at all possibilities. Motion by Gilmore, seconded by Vote, to approve Resolution No, 22-1014. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter B. Consideration of Resolution No. 22-1015 authorizing the 2022 Streetlight LED Conversion Project, PN 3-C-009-22. Beth Wright, Infrastructure Deputy Director, gave a presentation. Councilmember McCoy asked about how long LED lights last compared to others. Ms. Wright said they are generally more expensive, but they last 2-3 times longer and use 50% less electricity to operate. Councilmember Mickelson asked how many more lights were needing to be replaced with LEDs and Ms. Wright said she would have to get back with him regarding that number. She said 600 - 700 would be replaced with the 2022 project. Mayor Bacon asked about the brightness and Ms. Wright said that initially LEDs were much brighter, but they have changed to where they are not as bright as they had been. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1015. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter C. Consideration of Resolution No. 22-1016 authorizing the 2022 Facility & Parking Lot Improvements & Maintenance Project, PN 6-C-032-22. Page 5 of 9 City Council Meeting Minutes January 18, 2022 Beth Wright, Infrastructure Deputy Director, gave a presentation. Mayor Bacon asked about how often sealing and continued maintenance would be required. Ms. Wright said parking lots were going to be included in the asset management program so staff could better anticipate maintenance needs. Mayor Bacon asked about lots that are gravel, and what plans staff might have to convert those. Ms. Wright said there are a few locations where faster growth occurred and gravel lots were put in. She said staff would look at those to see what could be done. Mayor Bacon asked how long they would consider leaving a lot with temporary gravel. Ms. Wright said there was no specific policy, and it depended on funding. Councilmember Vogt asked about the use of pervious concrete pavement and Ms. Wright said it performed fairly well but had its own challenges, such as additional required maintenance. Councilmember Felter asked about the impact the parking lot repair would have on the fire department's ability to serve the community and Ms. Wright said staff would work with them on access. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1016. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter D. Consideration of a Professional Services Agreement with Brungardt Honomichi & Company, P.A. for design of the Sunset and Ridgeview Traffic Signal Improvements Project, PN 3-C-013-20. Motion by Gilmore, seconded by Vogt, to approve the Professional Service agreement with Brungardt Honomichi & Company, P.A. for design of the Sunset and Ridgeview Traffic Signal Improvements Project, PN 3-C-013-20. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 8. NEW CITY COUNCIL BUSINESS Councilmember Vogt said she had attended the Martin Luther King dinner and was impressed with the presentations and the students who were honored. Page 6 of 9 City Council Meeting Minutes January 18, 2022 Councilmember Gilmore said he also had attended the event as well as the MLK celebration at MidAmerica Nazarene University. He also congratulated Kyren Martin for receiving the Living Legacy Award. Councilmember McCoy said he was grateful for City staff who removed the snow from the streets. He also thanked IT staff for assisting him with technical issues. Councilmember Felter said she loved the snow plow competition. She also complemented the Teen Council on their community outreach focused on foster care. She thanked Police Chief, Mike Butaud, for the SRO partnership with the school district. Mayor Bacon mentioned the vacancy for the Ward 1 Council seat and said a committee had been appointed. The committee is made up of Mayor Bacon, Councilmember Gilmore and Councilmember Mickelson. He said applications would be accepted on the City's website through January 25th. He also said if a person had applied for the At-Large seat a year ago, and was still interested, they could call his office and let them know but would not have to fill out a new application. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Persons wanting to speak regarding a general concern must sign up no later than 30 minutes prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, emailing CCO@Olatheks.org or in person at City Hall. The Council has allocated up to 3 minutes per speaker, and up to 30 minutes total for this portion of the meeting. Nilesh Matole, 18902 W. 117th Street, spoke about the Sewa Diwali annual food drive. Jim Genis, 601 S Drury Lane, spoke about the need for railroad track quiet zones on the east tracks. 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. Page 7 of 9 City Council Meeting Minutes January 18, 2022 A. DISCUSSION ITEMS 1. Discussion of the Black Bob Road, 159th to 167th, Improvements Project, PN 3-C-008-22. (15 min.) Beth Wright, Infrastructure Deputy Director, gave a presentation on the proposed project. Councilmember Gilmore asked if the work that was just completed at the intersection at 159th would be disrupted by this new project. Ms. Wright said they would possibly have to move some curbing. Mr. Gilmore said the new intersection was a great project. Councilmember Felter asked who manages a joint project and Ms. Wright said the City would. Ms. Felter asked if inflation had been built into the budget and Ms. Wright said it is estimated at 5% for unknown contingencies. Councilmember Vogt said she thought this is an awesome project. Councilmember McCoy said he appreciated staff maximizing funds by doing this project with Johnson County. Mayor Bacon said he was glad to partner with the County. He did say he was concerned about the part north of 159th and wondered about that portion being included. 2. Presentation on Staff Recommendations for Boards and Commissions. (20 min.) Chris Grunewald, Deputy City Attorney gave a presentation on the proposed recommendations. Councilmember McCoy asked about funds managed by the Library Foundation Board and Mr. Grunewald said that board was not appointed by the City. Mr. McCoy asked about who was currently on that board and Mr. Grunewald said he would provide a roster for the Council. Page 8 of 9 City Council Meeting Minutes January 18, 2022 Mayor Bacon questioned if the Council had any jurisdiction over this board. Mr. Grunewald said there might be connections but that they have no operational control of the Library. Mr. McCoy said he would still like to have more information. Councilmember Felter asked if all the boards had 4 year terms and Mr. Grunewald said they did. Mayor Bacon asked when these changes would be coming back to the Council for action and Mr. Grunewald said the ordinances would be on the next council agenda. Mayor Bacon said he believed they were ready to move forward. 12. ADDITIONAL ITEMS Councilmember McCoy made mention that he appreciates all that staff does to maximize funds and specifically talked about a project installing sidewalks close to Oregon Trail Park. City Manager Michael Wilkes asked Council to let him know about possible dates for the Council Retreat. 13. ADJOURNMENT The meeting was adjourned at 8:32 PM. Brenda D. Long City Clerk Page 9 of 9