City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | February 1, 2022 | 7:00 PM 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. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing February as Black History Month Mayor Bacon presented a proclamation to Mark McGhee. Mr. McGhee thanked Mayor Bacon and the Council for the proclamation. Mayor Bacon added a second proclamation from the dais recognizing Coach Rocky Lamar from MidAmerica Nazarene University. Mayor Bacon declared February 5, 2022 as Coach Rocky Lamar Day. Mayor Bacon read the proclamation and presented it to Coach Rocky Lamar. Mr. Lamar thanked the mayor and council for the recognition. 5. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda, the motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter A. Consideration of approval of the City Council meeting minutes of January 18, 2022. Approved B. Consideration of new drinking establishment application for Tequila Agave LLC, d/b/a Anejo. Approved Page 1 of 9 City Council Meeting Minutes February 1, 2022 C. Request for the acceptance of the dedication of land for public easements for a final plat of Stonebridge Crossing (FP21-0050) containing one (1) lot and two (2) tracts on approximately 15.28 acres; located northwest of W. 167th Street and S. Mur-Len Road. Planning Commission approved this plat 9 to 0. Approved D. Consideration of Consent Calendar. Approved E. Consideration of Resolution No. 22-1017 authorizing the 2023 Street Reconstruction Program, PN 3-R-000-23. Approved F. Consideration of Resolution No. 22-1018 authorizing the Black Bob Road, 159th to 167th, Improvements Project, PN 3-C-008-22. Approved G. Consideration of an Agreement between the City of Olathe, Kansas and the Board of County Commissioners of Johnson County, Kansas, for the funding of the Black Bob Road, 159th to 167th, Improvements Project, PN 3-C-008-22. Approved H. Consideration of a Professional Services Agreement with Olsson, Inc. for the design of the Black Bob Road, 159th to 167th, Improvements Project, PN 3-C-008-22. Approved I. Consideration of a Professional Services Agreement with Olsson, Inc. for design of the Black Bob Road Arterial Mill and Overlay Project, PN 3-P-001-23. Approved J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the 2022 Local and Collector Street Mill and Overlay Project - Group B, PN 3-P-006-22. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders LLC for construction of the Ridgeview West Neighborhood Streets Improvement Project, PN 3-R-002-22. Approved L. Consideration of an Agreement with Cartegraph Systems, LLC to implement Cartegraph Operations Management System (OMS)© for the Facility assets and workflow. Approved Page 2 of 9 City Council Meeting Minutes February 1, 2022 M. Consideration of a one (1) year contract extension with Donald J. Smith, Timothy J. Arehart, and Lenin Guerra for public defender services with Olathe Municipal Court. Approved 6. NEW BUSINESS A. Consideration of Ordinance No. 22-02 (RZ21-0018), request for approval of a rezoning from the CP-2 (Planned General Business) District to the C-3 (Regional Center) District and a Preliminary Site Development Plan for Auto Soak Executive Plaza; located at the northeast corner of 151st Street and Haskins Street. Planning Commission recommends approval 6-0. Zachary Moore, Planner II, provided a presentation to the council. Mayor Bacon asked if staff knew what was planned for the land to the north of the property. Mr. Moore stated the preliminary plan that was approved in 2016 was for in-line retail on the site, but no development proposals have been received since then. Mayor Bacon asked questions on what was being approved with the ordinance and if it would include the vacuums. Mr. Moore stated the final details for the vacuum area have not been completed yet and the final design for them will be brought back to the council for approval at a later time. Mayor Bacon asked if staff knew what the noise level would be on the vacuums. Mr. Moore stated they did not have that information at this time. Councilmember McCoy asked for clarification on the location for the project along with the flow of traffic from the site. Mr. Moore provided a map to show the information to the council. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-02. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter B. Consideration of Ordinance No. 22-03 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $28,000,000 to BPG Olathe 1 LLC, Series 2022, for the construction of an approximately 236,000 square foot spec industrial warehouse facility located near the northeast corner of 159th Street and Lone Elm Road, south of I-35. John Page, Financial Strategy Manager, provided a presentation to Page 3 of 9 City Council Meeting Minutes February 1, 2022 the council. Councilmember Mickelson stated he likes seeing the Cost-Benefit Ratio at 1.56. Motion by Gilmore, seconded by Vogt, to approve Ordinance 22-03 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $28 million to BPG Olathe 1 LLC, Series 2022. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter C. Consideration of Resolution No. 22-1019 authorizing the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21; and repealing Resolution 21-1015. Nate Baldwin, City Engineer, provided a presentation to the council. All members of the council thanked staff for having open communication with citizens and working with developers to move the roundabout south and placing it further from neighboring homes. Councilmember Mickelson asked to see traffic studies on the safety of a roundabout vs. a traditional intersection. Mr. Baldwin stated the traffic engineers would get the information for him. Councilmember Mickelson asked about signs and community education for the new design of the roundabout. Mr. Baldwin stated that signs would be looked at along with the potential of a video educating citizens. Councilmember Vogt asked clarifying questions on cyclist access at the intersection, what types of land acquisition will take place, trail access and the preservation of trees around the project site. Mr. Baldwin answered all questions and showed trail access on the provided diagram of the project. Councilmember Gilmore asked if there will be parking at the entrance to the trail. Mr. Baldwin stated, no, and added there is parking further south at a different access point to the trail. Councilmember Gilmore asked Mr. Baldwin to follow up with him on a concern of there being no pedestrian light from the west side of Woodland Rd. to the east side of the road. Page 4 of 9 City Council Meeting Minutes February 1, 2022 Councilmember McCoy asked if the city will be looking for grant funding to help with the project. Mr. Baldwin stated that they are working with the engineers to look into the potential of funding. Mayor Bacon asked if the speed limit was known yet for the through lanes. Mr. Baldwin stated the speed was not known at this time. Mayor Bacon voiced thoughts of adding signs at 119th and Ridgeview to let people know to cross there for trail access. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1019 authorizing the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter D. Consideration of Supplemental Agreement No. 1 with HDR Engineering, Inc. for the design of the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. Motion by Gilmore, seconded by Vogt, to approve Supplemental Agreement No. 1 with HDR Engineering Inc. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter E. Consideration of proposed amendments to Title 2 of the Municipal Code relating to several Boards and Committees. Councilmember McCoy asked for Ordinance 22-04 be tabled and considered at the next meeting. Motion by Gilmore, seconded by Vogt, to approve Ordinances 22-05 to 22-10 and table Ordinance 22-04 until the next council meeting. Motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 7. NEW CITY COUNCIL BUSINESS Councilmember Mickelson stated connecting 119th street to the western side of the city is exciting and is going to help with development on the west side. Councilmember Vogt asked Mayor Bacon for an update on the open Ward 1 position. She also asked if the list of applicants was public knowledge. Mayor Bacon stated that a nominee would be named at the February 15th council meeting. City Attorney, Ron Shaver, stated that a list of applicants was public record, but the discussions or actions of the nominating committee was not. Page 5 of 9 City Council Meeting Minutes February 1, 2022 Councilmember Gilmore stated he had the privilege of attending an event at Union Station on the 21st and congratulated the Olathe East choirs on the concert they preformed there in relationship to the Auschwitz exhibit currently at Union Station. Councilmember McCoy thanked the Public Works Department, Fire Department and Police Department for their service during the winter weather. Councilmember Felter mentioned an upcoming bond issue for the school district and mentioned how happy her new neighbors are with the City of Olathe and its services. She also read an email from Chief DeGraffenreid outlining the exceptional response times for cardiac events in Olathe and thanked them for their hard work. Mayor Bacon congratulated the Kansas City Chiefs for their season. Mayor Bacon also thanked Dean Vakas for his years of service to the City of Olathe. 8. END OF TELEVISED SESSION 9. 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. Jim Genis, 601 S Drury Lane, gave an update to the council following meetings he had about the need for railroad track quiet zones on the east tracks. 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 a request by Carrier Services Plus LLC (Jett Trucking) for issuance of industrial revenue bonds and tax phase-in for the construction of 12,525 sq. ft. truck maintenance and storage facility located at the northeast corner of Dennis Avenue and Pine Street. Councilmember McCoy stated it was a good use for the property and is glad to see it being used. Page 6 of 9 City Council Meeting Minutes February 1, 2022 Councilmember Gilmore asked if this was an expansion of the property or a new business and also asked to see the master plan for the property. John Page, Financial Strategy Manager, stated it was an expansion and stated he would provide the master plan. Councilmember Felter stated she was glad to see the land being used. 2. Quarterly Procurement Report. Councilmember McCoy and Mayor Bacon asked clarifying questions about the license readers and how they will be used. Chief Butaud provided an explanation to the council. Councilmember Gilmore asked for clarification on how City Manager, Michael Wilkes', approval limit works. He specifically asked about the Digital Sandbox item where the agreement is larger than his 50K approval limit, but the individual installment is under the limit. City Manager, Michael Wilkes, explained how payments like this have been handled in the past. Mayor Bacon asked if the Digital Sandbox agreement can be canceled or is the city locked in for three years. Mr. Wilkes stated it could be canceled. Councilmember Mickelson asked for a report to see which businesses have been funded through the Digital Sandbox. B. DISCUSSION ITEMS 1. Discussion of the 2022 Downtown Outdoor Sculpture Exhibit. (15 min) Renee Rush, Analyst, along with Chelsy Walker, Chair of the Public Art Committee, presented a presentation outlining the art work chosen for the 2022 calendar year. Councilmember McCoy asked how long the art would be in Olathe and if there was a way to get citizen feedback on which pieces the citizens like the best. Ms. Rush stated the art would be here for one year and that a survey could be done to get Page 7 of 9 City Council Meeting Minutes February 1, 2022 citizen feedback. Councilmember Vogt stated she was excited to see the quality of art Olathe is getting and thanked the committee for their work. Councilmember Felter asked if Ms. Walker had any of her art in the area. Ms. Walker stated she has two at Johnson County Community College. 2. Planning staff will report on the State of the Neighborhoods including program updates and accomplishments associated with the Olathe Healthy Neighborhoods Initiative in 2021. (20 min) Emily Carrillo, Senior Planner, and Planning Intern, Ben Schnelle, provided a presentation to the council. Councilmember Gilmore thanked staff for working with the organizations on the initiative and asked how neighborhoods can get registered if they are not in a HOA. Ms. Carrillo stated that it can start with just a few neighbors in an area to get registered. Councilmember Vogt asked if staff wanted to work with an area to try to get them involved, how would that happen. Ms. Carrillo stated that staff would love to talk with them and ask them questions on what is needed. Councilmember Vogt asked how much funding the grant program had. Ms. Carrillo stated it is approximately 20k a year. Councilmember McCoy mentioned that faith based groups along with civic service organizations like to help on projects like this and suggested reaching out. Mayor Bacon stated he has had citizen feedback for block parties wanting to close a road off and extending the end time to midnight instead of 11 p.m. and would like to see staff look at accommodations to see if it is possible. Ms. Carrillo stated they only look at the type of event the neighborhood wants to Page 8 of 9 City Council Meeting Minutes February 1, 2022 have. 11. ADDITIONAL ITEMS Councilmember McCoy stated he is excited for Rock the Block this spring and asked for the location. Councilmember Gilmore stated he really enjoys the art on Northgate. 12. ADJOURNMENT This meeting was adjourned at 8:50 PM. Eric Strimple Assistant City Clerk Page 9 of 9