City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | March 15, 2022 | 7:00 PM A reception to honor the newly appointed council member was held in the City Hall lobby at 6:30 PM. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 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. INVOCATION: Pastor Daniel Vanderpool Pastor Daniel Vanderpool gave the invocation for the installation ceremony. 4. PLEDGE OF ALLEGIANCE 5. INSTALLATION OF WARD 1 COUNCIL MEMBER: Judge Katie McElhinney Municipal Court Judge, Katie McElhinney, administered the oath of office for Robyn Essex. Ms. Essex took her place on the dais and introduced her family members in attendance. She also expressed her gratitude for being chosen to serve the community. 6. SPECIAL BUSINESS A. Presentation of the 2021 K-State Olathe annual report by Dr. Jackie Spears, Interim Dean and CEO of K-State Olathe. Dr. Jackie Spears, interim Dean and CEO for K-State Olathe, gave a presentation. Councilmember McCoy asked if K-State is possibly trying to attract pharmaceutical companies. Dr. Spears said they are mainly partnering with companies in the animal health industry. Mayor Bacon said he appreciated the presentation and all Dr. Page 1 of 8 City Council Meeting Minutes March 15, 2022 Spears has done for K-State Olathe. 7. CONSENT AGENDA Mayor Bacon mentioned there was a typographical error in the attachment of item D. City Attorney, Ron Shaver, said he would make sure to get it corrected. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex A. Consideration of approval of the City Council meeting minutes of March 1, 2022. Approved B. Consideration of new drinking establishment application for Junque Drawer, LLC, d/b/a Junque Drawer. Approved C. Consideration of pawnbroker/precious metal dealer renewal license application for Olathe Trading Post, Inc., located at 2049 E. Santa Fe. Approved D. Consideration of approval of amended bylaws of the Mahaffie Stagecoach Stop and Farm Foundation. Approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Woodland Hills, Fifth Plat (FP21-0023) containing 47 residential lots on 21.21± acres; located northeast of 115th Terrace and S. Woodland Road. Planning Commission approved this plat 8-0. Approved F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Lakeview Ridge, 1st Plat (FP21-0031) containing 26 lots and five (5) tracts on 11.06 acres; located along the north side of 143rd Street at Houston Street. Planning Commission approved this plat 8-0. Approved G. 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. Page 2 of 8 City Council Meeting Minutes March 15, 2022 Approved H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of I-35 Logistics Park Fourth Plat (FP22-0002) containing one (1) lot and three (3) tracts on 39.6 ± acres; located at the northwest of W. 159th Street and S. Green Road. Planning Commission approved this plat 8 to 0. Approved I. Consideration of Resolution No. 22-1027 (PLN22-0001), requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. Approved J. Consideration of Consent Calendar. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Superior Bowen Asphalt Company, LLC for construction of the 151st Street Arterial Mill and Overlay Project, PN 3-P-004-22. Approved L. Consideration of an Agreement with MTS Contracting, Inc. for structural repairs to the parking garage. Approved M. Acceptance of renewal of contracts to Douglas Pump Services and Letts, Van Kirk and Associates for water and wastewater pump repair and maintenance for the Environmental Services Division of Infrastructure. Approved N. Acceptance of bids and consideration of award of contract to CK Power for the purchase of electrical generator sets for three (3) City of Olathe wastewater lift stations. Approved O. Acceptance of quotes and consideration of award of contracts to Moridge Manufacturing, Inc. and Embankment Equipment, LLC., dba RC Mowers for the purchase of mowers for the Park and Recreation Division of Quality of Life. Approved P. Acceptance of bid and consideration of award of contract to Conrad Fire Equipment, Inc for the purchase of one Pierce Stock Type III Squad for the fire department. Approved 8. NEW BUSINESS Page 3 of 8 City Council Meeting Minutes March 15, 2022 A. Consideration of Ordinance No. 22-12 (ANX22-0001) annexing approximately 156.04 acres, located southwest of 175th Street and Hedge Lane, into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-12. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 22-04 repealing Olathe Municipal Code Sections 2.36.050 through 2.36.100 pertaining to the Library Advisory Board, Chapter 2.62 pertaining to the Energy Advisory Board, and Chapter 2.68 pertaining to the Sister Cities Committee. Councilmember McCoy noted that he had asked for this item to be postponed. He said he had discussions with City staff and his concerns had been addressed. He said he felt satisfied to move forward. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-04. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 9. NEW CITY COUNCIL BUSINESS Councilmember Felter expressed her gratitude for the response of the SRO at Olathe East. She also expressed condolences to the family of the Olathe firefighter who lost his life in a car accident. Ms. Felter also noted that Olathe firefighters had participated with the Kansas Emergency Operation Center to fight a large fire. She also congratulated Susan Sherman, Deputy City Manager, for being named 2021 Citizen of the Year by the Chamber of Commerce. She thanked the Olathe snow crews for their hard work removing snow. Ms. Felter then noted that Leadership Olathe had chosen Starfish as their charity and had received $12,500 in matching donations. Councilmember Felter welcomed Robyn Essex as a new member to the Council. She also noted the Police department awards would be held on March 24th and encouraged teens to apply to serve on the Olathe Teen Council. Councilmember McCoy also welcomed Ms. Essex to the Council. He noted that St. Patrick's Day was an opportunity to reflect on the varied heritage of many people in our community. Councilmember Gilmore congratulated Ms. Essex and wished her well as she Page 4 of 8 City Council Meeting Minutes March 15, 2022 serves the Olathe community. Councilmember Vogt welcomed Ms. Essex and said she looked forward to working with her. She said she wanted to recognize the teachers, police and fire staff for all they do in the community. She said the incident at Olathe East reminded her that life is fragile. She said the way the community comes together in a crisis is very special. She thanked staff for the lights on 119th street being changed to blue and yellow to show support for Ukraine. Councilmember Mickelson expressed his condolences to the Fire department on the loss of one of their firefighters. He also thanked the Olathe East SRO. He congratulated Susan Sherman for receiving the 2021 Citizen of the Year award. He also said he was looking forward to working with Ms. Essex on the Council. Councilmember Essex congratulated Ms. Sherman on her award and said she was honored to serve and be a part of the City Council. City Manager, Michael Wilkes, congratulated Susan Sherman on behalf of staff. Mayor Bacon also congratulated Ms. Sherman and Ms. Essex. He also encouraged everyone to visit Mahaffie Stagecoach Stop and Farm during spring break. 10. END OF TELEVISED SESSION 11. 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, spoke about the need for a railroad quiet zone and provided an update from some community meetings. 12. 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 Page 5 of 8 City Council Meeting Minutes March 15, 2022 1. Report on a request for annexation of approximately 152.32 acres, located northwest of of 175th Street and Mur-Len Road (ANX22-0002). Report accepted. 2. Report regarding the intent to add a Roof Top Terrace to the Downtown Library Project. Councilmember McCoy said he liked the concept and asked questions about the funding. Mayor Bacon questioned if there was going to be a way provided to accept public donations. Deputy City Manager, Susan Sherman, said they had allocated $600,000 for the project and would design toward that amount. It was suggested that citizens possibly could donate for specific items to add to the terrace. Mayor Bacon said he was glad this project is moving forward. B. DISCUSSION ITEMS 1. Discussion on the Street Maintenance Sales Tax and the Street Preservation Program. (30 min) Nate Baldwin, City Engineer, gave a presentation regarding the Street Maintenance Sales Tax and Street Preservation program. Councilmember Mickelson asked questions about differing kind of treatments. Mr. Baldwin said there was a different option which neighboring cities use, however staff did not believe it was the best for many of our streets. Jeff Beal, Street Preservation Program Manager, explained in more detail the differences in the types of treatment. Mr. Mickelson asked for staff to provide cost estimates. Mr. Beal also talked about the life cycle that is expected from each type of treatment. Councilmember Vogt thanked staff for the information and asked for a copy of the slides that had been shown. She also asked about how current inflation would impact street Page 6 of 8 City Council Meeting Minutes March 15, 2022 maintenance. Mr. Baldwin said inflation is taken into consideration when bidding a project. Ms. Vogt asked about the percentage of miles being planned and Mr. Beal said they also had alternate streets in the plan and could add more. He said they anticipated up to a 6-7 percent increase in cost but still were getting competitive bids. Councilmember Felter thanked staff for the presentation and asked if reconstruction cost came out of the CIP. Mr. Beal said that was the case and it is different funding. Ms. Felter clarified that it is a 3/8 cent, not a three (3) cent sales tax. She also asked if it would be a mail in ballot. City Manager, Michael Wilkes, said it had been in the past and Ms. Fleter said there have been security concerns and wanted to make sure staff could address those concerns early. She also said she could tell when cities did not take care of their streets. Councilmember McCoy thanked staff and said he believed we were doing it right. He said the only thing he would say is to continue being transparent. He said 2024 will be here quickly and it will be important to get information out soon. Councilmember Gilmore asked questions about developers putting in new streets and what oversight the City provided. Mr. Baldwin said City inspectors made sure the streets were being constructed to meet City standards. Mr. Gilmore asked additional questions about the different types of micro surfacing. Mr. Beal said they could at least micro surface twice and sometimes more to prolong the life of a street. Mr. Baldwin also noted that the composition of the concrete being used for curbs and sidewalks is much better than it used to be. Councilmember Gilmore said the data shows a clear need for the tax. He asked if we were keeping pace with the goal for lane miles treated. Mr. Baldwin said this group is very data driven and will provide more data to the Council. Page 7 of 8 City Council Meeting Minutes March 15, 2022 Mayor Bacon asked why there was a dip in the numbers for 2020 and Mr. Baldwin said there had likely been a slight cut back because of the uncertainty and small drop in funding. Mr. Beal talked about the process of evaluating streets and how that is accomplished. Mayor Bacon said there was a compelling argument for the sales tax and reiterated the importance of educating the public. 13. ADDITIONAL ITEMS Councilmember Vogt shared that her third grandchild was born on March 10th. Councilmember Gilmore suggested the Council discuss sales tax at their upcoming retreat. He also reminded the Council about the City Manager's evaluation. Mayor Bacon said he had understood Overland Park had signed an agreement to have electric scooters in their city. He asked staff to consider where electric scooters could be ridden and perhaps be able to offer them in Olathe by summer. He said he knew this would mean reviewing the ordinance and evaluating safety concerns. He also reminded the Council that new liaison assignments would be coming soon. 14. ADJOURNMENT The meeting was adjourned at 8:37 PM. Brenda D. Long City Clerk Page 8 of 8