City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 7, 2022 | 6:30 PM The Audit Committee met with the external auditor at 5:00 pm. A Parks and Recreation Master Plan Workshop was held at 5:30 pm. 1. CALL TO ORDER Present: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Recess into executive session to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the Municipal Judge. Motion by Gilmore, seconded by Vogt, to recess into executive session to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the Municipal Judge. Motion carried with the following vote. Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 3. RECONVENE FROM EXECUTIVE SESSION Mayor Bacon stated that the council was pleased with the performance of Judge McElhinney. 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Proclamation recognizing MARC's 50th anniversary Mayor Bacon read and presented a proclamation to David Warm, Executive Director for MARC. Mr. Warm thanked Mayor Bacon and council for the recognition. He also thanked the City of Olathe for all the support to MARC through Page 1 of 9 City Council Meeting Minutes June 7, 2022 the years. B. Proclamation recognizing June 19, 2022 as Juneteenth Mayor Bacon read and presented the proclamation to Raschel Brock. Ms. Brock thanked the mayor for the proclamation and for recognizing Juneteenth, C. Report on 2021 external audit and Annual Comprehensive Financial Report. Chief Financial Officer, Briana Burrichter, gave a brief overview of the audit and introduced Brian Holst, with AGH CPAs & Advisors to provide a presentation. Mr. Holst stated the Financial Audit resulted in an unmodified, or clean opinion. He also noted that there were no changes to accounting standards or changes to the existing policies during the year. He also reviewed accounts payable adjustments. Mr. Holst stated in the Single Audit there were three programs looked at. Highway Planning and Construction received an unqualified opinion. Section 8 Housing Choice Vouchers received a qualified opinion because of some internal control issues. Public Housing received an unqualified opinion. Councilmember Felter stated the qualified opinions received were due to procedures and personnel issues and not a situation, such as fraud. Mr. Holst agreed. Councilmember Gilmore thanked staff for working on the material weakness from last years audit. Councilmember Vogt thanked staff for their work looking at the deficiencies and how they can work on the issues. Mayor Bacon asked if the unqualified opinion was on the financial statements or just the single audit. Mr. Holst stated it was just on the single audit. Page 2 of 9 City Council Meeting Minutes June 7, 2022 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. Public Hearing on a request by Scannell Properties #634, LLC for a single-phase project under a master resolution totaling 567,840 sq. ft. in the I-35 Logistics Park development. Financial Strategy Manager, John Page, provided a presentation to the council. Public comments were invited. No public comments made. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson B. Consideration of Resolution No. 22-1040 expressing intent to issue industrial revenue bonds and tax phase-in for the construction of an approximately 567,840 sq. ft. industrial space in the I-35 Logistics Park development. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1040 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 8. CONSENT AGENDA Councilmember Felter asked to pull item E, and have it considered separately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda as presented excluding item E. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson A. Consideration of approval of the City Council meeting minutes of May 17, 2022. approved B. Consideration of business expense statement for the City Manager Michael Wilkes and Councilmembers to visit Washington DC Delegation May 23 to May 25. Page 3 of 9 City Council Meeting Minutes June 7, 2022 approved C. Consideration of Travel Request Authorization for Judge Katie McElhinney to attend the NCSC (National Center for State Courts) eCourts conference in Las Vegas, NV from December 5 to the 7th of 2022. approved D. Request for the acceptance of the dedication of land for public easements for a final plat of Village of Forest Hills 2nd Plat (FP22-0011), containing one (1) tract on approximately 1.67 acres; located northeast of 173rd Terrace and Legler Road. Planning Commission approved plat 7-0. approved E. Request for the acceptance of the dedication of land for public for a final plat of Foxfield Villas South, Third Plat (FP22- 0017), containing six (6) lots and one (1) tract on approximately 1.29 acres; located east of Lone Elm Road and west of S. Deer Run Street. Planning Commission approved plat 7-0. Councilmember Felter stated she pulled the item to recuse herself from the vote. Motion by Gilmore, seconded by Vogt, to approve item E as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Mickelson Recused: Felter F. Request for the acceptance of the land for public easements and public street right-of-way for a final plat of Whitetail, 5th Plat (FP22-0018), containing twenty-three (23) lots and one (1) tract on approximately 9.19 acres; located at approximately 143rd Street and Cedar Niles Road. Planning Commission approved plat 7-0 . 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 Hidden Lake Estates 5th Plat (FP22-0019), containing forty-five (45) lots and four (4) tracts on approximately 45.32 acres; located at 107th Terrace and Bluestem Parkway. Planning Commission approved the plat 7 to 0. 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 Villas at Hidden Lake, Second Plat (FP22-0020) containing forty-seven (47) lots and two (2) common tracts on approximately 23.70 acres; located Page 4 of 9 City Council Meeting Minutes June 7, 2022 northeast of 107th Terrace and Bluestem Parkway. Planning Commission approved the plat 7-0. approved I. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Red Hawk Run V (FP22-0021) containing twenty-five (25) lots and two (2) tracts on approximately 10.86 acres; located southeast of S. Woodland Road and S. Langley Street. Planning Commission approved the plat 7-0. approved J. Consideration of Consent Calendar. approved K. Consideration of Change Order No. 1 to the contract with Donelson Construction Company, LLC for construction of the 2022 MAQS Micro Surface Project, PN 3-P-007-22. approved L. Consideration of Change Order No. 2 to the contract with McAnany Construction, Inc. for construction of the Mur-Len Road Mill and Overlay Project, PN 3-P-002-22. approved M. Consideration of Change Order No. 3 to the contract with Crossland Heavy Contractors for construction of the Cedar Lake Lift Station Improvement Project, PN 1-L-001-21. approved N. Consideration of purchase of a by-pass pump from Sunbelt Rentals for the Cedar Lake Lift Station Improvement Project, PN 1-L-001-21. approved O. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Kansas Heavy Construction, LLC for construction of the Lone Elm Road, Old 56 Highway to 151st Street, Phase 2 (Ott Street Sidewalks), PN 3-C-084-17. approved P. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders LLC for construction of the Highland Park Neighborhood Streets Improvement Project, PN 3-R-001-22, and the Ocheltree Street Sanitary Rehabilitation Project, PN 1-R-101-22.. approved Q. Consideration of award of contract to Knightly Environmental Incorporated for treatment associated with the Highland Park Neighborhood Streets Improvement Project, PN 3-R-001-22, and the Ocheltree Street Sanitary Rehabilitation Project, PN 1-R-101-22. Page 5 of 9 City Council Meeting Minutes June 7, 2022 approved R. Consideration of a Professional Services Agreement with HNTB Corporation for design of the Strang Line Road Arterial Mill and Overlay Project, PN 3-P-002-23, and the Renner Boulevard Arterial Mill and Overlay Project, PN 3-P-003-23. approved S. Consideration of a Professional Services Agreement with Alfred Benesch & Company for design of the Kansas City Road Arterial Mill and Overlay Project, PN 3-P-004-23, and the 159th Street Arterial Mill and Overlay Project, PN 3-P-005-23. approved T. Consideration of an agreement with Evergy Metro, Inc. for relocation of overhead power lines for the Police Building Expansion Phase II project, PN 6-C-010-20. approved U. Consideration of renewal of contracts to Harcros Chemicals, Inc., Brenntag Mid-South, Polydyne, Inc., Poet Ethanol Products, DPC Industries, Inc., Carus Corporation, PVS Technologies, Inc., Mississippi Lime Company, Nalco Company, Evoqua Water Technologies, LLC and Kemira Water Solutions, Inc. for water and wastewater treatment chemicals for the Environmental Services Division of Infrastructure. approved V. Consideration of renewal of contract with Overhead Door Company for door repair and replacement services. approved W. Consideration of renewal of contract to Phoenix Concrete, LLC for concrete services approved X. Consideration of award of contract to WoodRiver Energy for natural gas. approved Y. Acceptance and consideration of award of contract to Insight for the procurement of Microsoft licenses. approved Z. Consideration of expanded contract with Marathon Health to increase the number of hours of on-site behavioral health counseling to 32 hours per week. approved 9. NEW CITY COUNCIL BUSINESS Page 6 of 9 City Council Meeting Minutes June 7, 2022 Councilmember McCoy spoke of D-Day and reminded people our freedom is not free and to recognize those that have paid the ultimate sacrifice. Councilmember Felter stated that Bob Courtney, local historian, completed a book on the history of Olathe schools. She also thanked Mahaffie Stagecoach for the wickets tournament, where Mayor Bacon and herself took second place. Councilmember Felter thanked the Olathe Fire Department and Police Department for their community involvement. Mayor Bacon invited residents to the Indian Creek Library on June 20th to learn more about Juneteenth. He also congratulated Dave Haney and Jason Kiser of Q4 Industries for winning the wicket tournament. He added that he visited the Model A convention being held in Olathe and thanked organizations that hold conventions in Olathe. 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. None heard 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 1. Report on the annual mowing of weeds and removal of debris to levy assessments. Report Accepted 2. Shared small vehicle ordinance and Pilot Operating Agreement with Bird Rides, Inc. Councilmember Gilmore asked if the item would be coming back at the next meeting. City Attorney, Ron Shaver, stated yes. Councilmember McCoy stated he would like to see there be a Page 7 of 9 City Council Meeting Minutes June 7, 2022 requirement of helmets for people that rent the scooters. He also wants to make sure all insurances are in place to protect the City of Olathe. Mr. Shaver stated there are no state statutes that require helmets for anyone over the age of 18, so staff is recommending to not have a stipulation on them. Bob Gallimore, Assistant City Attorney, stated the COI and other insurance documents will be provided for review. Councilmember Vogt asked how staff will get information out to the citizens about the scooters. Mr. Shaver stated it would be a few months before scooters would be seen in Olathe and that staff will work closely with Bird Scooters to utilize some of their material for citizen education. Report Accepted 3. Report on a request for annexation of approximately 148.93 acres, located northwest of 167th Street and US 169 Highway (ANX22-0004). Report Accepted 4. Report on authorization of the City Hall Environmental Systems Renovation & Roof Project, PN 6-C-016-19 Councilmember McCoy asked if staff has looked into solar for City Hall to help offset future electric costs. Infrustructure Deputy Director, Beth Wright stated that City Hall has two separate units with the unit in the older portion being almost 40 years old. She added that staff has not looked into solar, but would do so and provide the findings. Report Accepted 13. ADDITIONAL ITEMS Councilmember Vogt asked how the city was doing with the increase in fuel costs versus budget. Deputy Director, Alan Shorthouse, stated the city planned ahead and has some cushion in the budget, but at some point the costs will be a bigger issue for the city. Councilmember McCoy asked if the city needs to look into converting vehicles to natural gas. Mr. Shorthouse stated the city looks at cars that can be converted to natural gas since not all vehicles are compatible. Page 8 of 9 City Council Meeting Minutes June 7, 2022 Councilmember Vogt asked about the emails received about flooding issues. Nate Baldwin, City Engineer, asked councilmembers to forward emails to staff so they can look into it and verify if it is an issue the city needs to address. Mayor Bacon asked if the flooding complaints were of yards or buildings. Mr. Baldwin stated it was mainly yards and any homes with issues were caused by a sump pump not working correctly. 14. ADJOURNMENT The meeting was adjourned at 7:50 PM. Eric Strimple Assistant City Clerk Page 9 of 9