City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | May 17, 2022 | 6:40 PM A reception was held in the City of Governors Conference room in honor of the Public Service Recognition award winners. 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. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. 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), and to discuss data relating to financial affairs or trade secrets of a corporation pursuant to the exception provided in K.S.A. 75-4319(b)(4), regarding a development agreement. Motion by Gilmore, seconded by Vogt, to recess into 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), and to discuss data relating to financial affairs or trade secrets of a corporation pursuant to the exception provided in K.S.A. 75-4319(b)(4), regarding a development agreement for 19 minutes and will resume here in the City Council chambers at 6:59 PM. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 3. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to authorize staff to proceed with the strategies discussed with and directed by the Governing Body. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 4. BEGIN TELEVISED SESSION – 7:00 P. M. Page 1 of 12 City Council Meeting Minutes May 17, 2022 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Public Works Week Proclamation. Mayor Bacon presented the proclamation to Civil Engineer, Leslie Donnelly. Ms. Donnelly thanked the Mayor and Council for their support of the Infrastructure department. B. Recognition of City of Olathe Infrastructure Focus Area for receiving full reaccreditation from the American Public Works Association. Joe Johnson, former president of the American Public Works Association, shared about the importance of this accreditation. The plaque was presented to Tracy Jarret, Infrastructure Support Services Manager. C. Presentation of AAA Traffic Safety Award to the Olathe Police Department. Sgt. Bob Ahsens with the Olathe Police Department, presented the award to the Police Department's traffic unit. D. Recognition of the Public Service Recognition Week award winners. City Manager, Michael Wilkes, announced each award winner and shared a short video about them. Mayor Bacon presented each recipient with their award. 7. PUBLIC HEARINGS Persons wanting to speak regarding a public hearing 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. Each speaker is allowed up to 5 minutes to address the City Council. A. Consideration of a public hearing to identify needs for the 2023 Community Development Block Grant (CDBG) funding. Mayor Bacon opened the public hearing and invited comments. Hearing no comments, he called for a motion to close the public hearing. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Public Hearing on a request by 167th Street Land, LLC for a Page 2 of 12 City Council Meeting Minutes May 17, 2022 single-phase project under a master resolution totaling 134,643 square feet of industrial space in the 167th Street Lane, LLC master resolution. John Page, Financial Strategy Manager, gave a short presentation regarding this development. Mayor Bacon opened the public hearing and invited comments. Hearing no comments, he called for a motion to close the public hearing. Motion by Gilmore, seconded by Vogt, to close the public hearing. The Motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Public Hearing on a request by 167th Street Land, LLC for a single-phase project under a master resolution totaling 147,955 square feet of industrial space in the 167th Street Lane, LLC master resolution. Mayor Bacon opened the public hearing and invited comments. Hearing no comments, he called for a motion to close the public hearing. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex D. Consideration of Resolution No. 22-1031 expressing intent to issue industrial revenue bonds and tax phase-in for the construction of an approximately 134,643 square feet of industrial space in the 167th Street Land, LLC master resolution. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1031. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex E. Consideration of Resolution No. 22-1032 expressing intent to issue industrial revenue bonds and tax phase-in for the construction of an approximately 147,955 square feet of industrial space in the 167th Street Land, LLC master resolution. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1032. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. CONSENT AGENDA Mayor Bacon noted that item N on the Consent Agenda had been updated by Page 3 of 12 City Council Meeting Minutes May 17, 2022 staff to reflect a new budget authorization. He said the amount was reflective of the Council's direction during the last discussion regarding this issue. Copies of the updated documents were provided to the Council and made available to the public. Resolution No. 22-1038 reflects the corrected amount. Councilmembers Vogt and Mickelson asked for item K to be removed and considered separately. Councilmember McCoy asked for item O to be removed and considered separately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of items K and O. 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 May 3, 2022. Approved B. Consideration of a new cereal malt beverage license application for Hoff Farms Inc, d/b/a Stone Pillar Vineyard & Winery. Approved C. Consideration of a renewal drinking establishment application for Joe’s Kansas City Bar-B-Que of Olathe. Approved D. Consideration of Travel Request Authorization for Mayor Bacon, Council Members, Wes McCoy, Adam Mickelson, LeEtta Felter, Robyn Essex and City Manager, Michael Wilkes, to visit our Washington DC Delegation. Approved E. Consideration of Resolution No. 22-1033 authorizing the public sale of General Obligation Temporary Notes, Series 2022-A; and General Obligation Improvement and Refunding Bonds, Series 235. Approved F. Consideration of Resolution No. 22-1034 authorizing the public sale of Water and Sewer System Improvement and Refunding Revenue Bonds, Series 2022. Approved G. Consideration of Resolution No. 22-1035 authorizing the public sale of Stormwater System Improvement Revenue Bonds, Series 2022. Approved Page 4 of 12 City Council Meeting Minutes May 17, 2022 H. Consideration of Resolution No. 22-1036, SU22-0002, for renewal of special use permit for Motor Vehicle Sales, Leasing and Rental; located at 820 N. Rogers Road (TopLine Auto). Planning Commission recommends approval 7 to 0. Approved I. Consideration of Consent Calendar. Approved J. Consideration of Change Order No. 2 with McAnany Construction, Inc. for construction of the Cedar Creek Parkway, South of College, Benefit District Project, PN 3-B-027-19. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Donelson Construction Company, LLC. for construction of the 2022 MAQS Micro Surface Project, PN 3-P-007-22. Councilmembers Mickelson and Vogt asked for this item to be considered separately. Councilmember Mickelson asked Nate Baldwin, City Engineer, to explain the reason there is only one company that the City uses for this product. Mr. Baldwin said they have a patent on the product they use and can provide it at a better cost than any other similar products. Councilmember Vogt asked if this was the first project partnering with HOA's to help with the street preservation of their private streets. Mr. Baldwin, said it is actually the second and there have been additional subdivisions asking to participate. Ms. Vogt said she thought this was a great partnership. Motion by Gilmore, seconded by Vogt, to approve item K. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex L. Consideration of Resolution No. 22-1037 authorizing the 167th Street and 169 Highway Overpass Preliminary Engineering Project, PN 3-C-010-22. Approved M. Consideration of Professional Services Agreement with HNTB Corporation for the design of the 167th Street and 169 Highway Overpass Preliminary Engineering Project, PN 3-C-010-22. Page 5 of 12 City Council Meeting Minutes May 17, 2022 Approved N. Consideration of Resolution No. 22-1038 authorizing the Police Building Expansion Phase II project, PN 6-C-010-20; and amending Resolution 22-1022. Approved O. Consideration of Professional Services Agreement with George Butler Associates, Inc. for design of the South Hyer Street, South Emery Street and North Water Street Improvements Project, PN 3-R-002-23, and the East Lakeview, East Wabash Avenues and South Chester Street Improvements Project, PN 3-R-003-23. Councilmember McCoy asked for this item to be removed from the Consent Agenda and considered separately. He pointed out there was an error on the certificate of insurance. City Engineer, Nate Baldwin, thanked him for bringing it to their attention and assured him they would get it corrected. Motion by Gilmore, seconded by Vogt, to approve item O. Motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex P. Consideration of an Agreement with Johnson County for construction of the CMP Replacement and Stormwater Asset Management Project, PN 2-C-004-22, within Watershed 2. Approved Q. Consideration of an Agreement with Johnson County for construction of the CMP Replacement and Stormwater Asset Management Project, PN 2-C-004-22, within Watershed 6. Approved R. Consideration of bid and award of contract to 1-800-Bollards for bollards for the Kansas Avenue Streetscape Project, PN 3-P-001-22. Approved S. Consideration of acceptance of proposal from FC Industries to replace the Incinerator at the Olathe Animal Shelter. Approved T. Consideration of award of contract to Life Scan Wellness Centers to provide annual physicals for the City of Olathe Fire Department. Approved U. Consideration of a Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the Stagecoach and Sleepy Hollow Stormwater Improvements Project, PN 2-C-011-20. Page 6 of 12 City Council Meeting Minutes May 17, 2022 Approved 9. NEW BUSINESS A. Consideration of Ordinance 22-23 (ANX22-0003) annexing approximately 174.64 acres of land, located southwest of 151st Street and Lone Elm Road, into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance 22-23. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Resolution No. 22-1039 authorizing the Downtown Library Project, PN 6-C-020-20; and amending Resolution 20-1062. Josh Doss, with DLR Group, presented an update to the Council on the downtown Library. Jennifer Gerlach, with Lane4, gave an update on the current construction. Councilmember Gilmore asked about the size of the roof top terrace and Ms. Gerlach said it was the size they had always intended it to be. Councilmember McCoy said he thought it was a great addition. He asked about the safety of the walls and planters. Mr. Doss said the walls and the planter boxes were designed to be taller than guard rail height. Councilmember Mickelson asked about the height of the shade structure on the terrace. Mayor Bacon said the Council is looking forward to the finished Library and thanked Mr. Doss and Ms. Gerlach for the update. Motion by Gilmore, seconded by Vogt, to approve Resolution 22-1039. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Amendment No. 5 to the agreement with McCown Gordon Construction, LLC for the Downtown Library Project, PN 6-C-020-20. Motion by Gilmore, seconded by Vogt, to approve Amendment No. 5 with McCown Gordon Construction. The motion carried with the Page 7 of 12 City Council Meeting Minutes May 17, 2022 following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 10. NEW CITY COUNCIL BUSINESS Councilmember Essex said it was great to see all the award winners and said Olathe Proud takes on a new meaning. Councilmember Vogt and Gilmore also congratulated the award recipients. Councilmember McCoy said he appreciated the service of Sgt. Bob Ahsens when his truck broke down and he needed assistance. He also mentioned the Leadership Olathe graduation this week and said it was a great program. Councilmember Felter expressed her condolences to the family of retired Battalion Chief MArk Godbold. She mentioned it was nurses week and wanted to thank health care workers. She also said it is mental heal month and wanted to give a shout out to Johnson County Mental Health. She congratulated all graduates and the Public Service award winners. Mayor Bacon said with the events of this past week he wanted to say he appreciated the Olathe Police Department. He also mentioned that Sunflower Wickets would be back at Mahaffie on June 3rd. He announced that the regularly scheduled July 5th council meeting would not be held due to the July 4th holiday. 11. END OF TELEVISED SESSION 12. 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. None 13. 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 8 of 12 City Council Meeting Minutes May 17, 2022 A. REPORTS 1. IRB Report on a request by Scannell Properties #634, LLC for a single-phase project under a master resolution for the construction of a 567,840 sq. ft. industrial building in the I-35 Logistics Park development. Report Accepted 2. Report regarding a proposed ordinance pertaining to micromobility devices, shared small vehicles and shared small vehicle companies; adding Chapter 5.60 to the Olathe Municipal Code regarding special rules pertaining to such devices, vehicles and companies; and a proposed Pilot Operating Agreement with Bird Rides, Inc. Councilmember MCCoy asked if the scooters could be ridden on sidewalks. Ron Shaver, City Attorney, said the ordinance would clarify exactly where they could be ridden. Mr. McCoy also asked about age restriction of riders and Mr. Shaver said a person had to be 18 to rent them. The question was also asked about insurance and Mr. Shaver said there was a liability waiver in the agreement when a scooter was rented. Mr. Shaver said the agreement was very similar to other communities in the area who have scooters. Mr. McCoy asked how soon they would be available in Olathe and Mr. Shaver said it could be as soon as the end of June. Councilmember Vogt asked if they would be available at Lake Olathe and Mr. Shaver said he would check on that and get back to her. Mayor Bacon said he thought the restrictions regarding what streets they could be ridden on was confusing. He suggested the language needed to change to reflect that they could only be ridden on streets with a posted speed limit of 34 or less. He said he believed this would keep them from being on Santa Fe where he believed it would not be safe to ride. Mayor Bacon asked if the minimum fine could be lowered to $50 from $100 and Mr. Shaver said that could be adjusted. Mr. Page 9 of 12 City Council Meeting Minutes May 17, 2022 Bacon asked about what was considered a motorized vehicle and Mr. Shaver said that an electric scooter would not be considered motorized but could revise current signage. Mr. Bacon said he thought communication to the community would be important. Mayor Bacon asked about safety equipment such as horns and lights. Mr. Shaver said he would check on these items. Councilmember Gilmore asked for clarification if they could be ridden on sidewalks and Mr. Shaver said only on bike paths and shared use trails. Chet Belcher, Development Review Manager, said they would have headlights and cannot be operated on sidewalks. He also said they can use a geo fence to prevent them from going places they are not allowed. Mayor Bacon also clarified that this ordinance would be for any scooters not just the specific company, Bird Rides, Inc. Councilmember McCoy said he would like to see a requirement for helmets to be worn and a slower speed on shared trails. Mr. Belcher said he thought the scooters maxed out at 17 miles per hour and Mr. Shaver said they have the technology to restrict the speed and location of where they can go. B. DISCUSSION ITEMS 1. Presentation of the 2022 Valuation summary report by the Johnson County Appraiser's Office. Beau Boisvert, Johnson County Appraiser, gave a presentation regarding the 2022 Valuation summary. Councilmember Felter asked questions about the correlation between people working remotely and the lagging hotel industry. Mr. Boisvert said there could be a connection. Page 10 of 12 City Council Meeting Minutes May 17, 2022 Councilmember Vogt asked about lower end housing and Mr. Boisvert said there were areas where there were homes priced less than $250,000. Mayor Bacon thanked Mr. Boisvert and said it was very good information. 2. Presentation on the County Square and Multi-Use Stage. Deputy City Manager, Susan Sherman, introduced Joe Waters, Assistant County Manger, who presented an overview of the proposed County Square project. Councilmember McCoy asked when they could expect the work to be completed. Mr. Waters said they would not begin work before Old Settlers this year but hoped to have it completed before next year. Ms. Sherman said it would possibly coincide with the opening of the downtown library. Councilmember Gilmore said he thought it looked great and asked about the use of bollards around the area. Mr. Waters confirmed that they would be used in a variety of locations. Councilmember Felter thanked Mr. Waters for the County partnering with the City on this project. Mayor Bacon said he believed this would be an amazing project. He also asked if there was a possibility of allowing other organizations to partner with the County and Mr. Waters said they were open to that. 3. Infrastructure Focus Area Update. Mary Jaeger, Infrastructure Director, gave an update on the department. Councilmember Felter thanked Ms. Jaeger for the presentation. She asked about water usage and storage and Ms. Jaeger explained about the City's current storage tanks. Ms. Felter also asked about the blue street light situation and Ms. Jaeger said it was getting better. Page 11 of 12 City Council Meeting Minutes May 17, 2022 Councilmember Gilmore asked why they had used 2019 numbers for one of the water supply graphs and Ms. Jaeger said it was a more typical year than others. Councilmember McCoy asked about the water tanks and if an additional one was going to be needed. Ms. Jaeger said it would be needed eventually but not right away. Mayor Bacon said it was a great presentation. 14. ADDITIONAL ITEMS Councilmember McCoy mentioned his daughter had gotten married. City Manager, Michael Wilkes, said he would see several of the council members when they went to Washington DC to meet with the congressional delegation later in the week. 15. ADJOURNMENT The meeting was adjourned at 10:02 PM. Brenda D. Long City Clerk Page 12 of 12