City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 21, 2022 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter Others in attendance were 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. Presentation of the 2023 Proposed Budget. Deputy City Manager, Susan Sherman, provided the Council with an overview of the 2023 budget and the budget workshop calendar. Councilmember McCoy asked if all the meetings were going to be held at City Hall or another location. Ms. Sherman said the next scheduled meeting on July 12, would be held at the Olathe Community Center. 5. CONSENT AGENDA Councilmember Mickelson asked for items G and H to be removed from the consent agenda and considered separately. Councilmember McCoy asked for item N to be removed from the consent agenda and considered separately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of items G, H, and N. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter A. Consideration of approval of the City Council meeting minutes of June 7, 2022. Page 1 of 10 City Council Meeting Minutes June 21, 2022 Approved B. Consideration of renewal drinking establishment applications for HOA Hotels Kansas LLC, d/b/a Johnny’s Italian Steakhouse; Jose Peppers Grill Inc., d/b/a Jose Peppers; Hy-Vee, Inc., d/b/a Wahlburgers. Approved C. Consideration of a new drinking establishment application for Pin High Indoor Golf LLC, d/b/a Pin High Indoor Golf. Approved D. Consideration of a precious metal dealer license application for Niche Jewelry Inc. located at 2115 E 151st St. Approved E. Consideration of Resolution No. 22-1041 calling for a public hearing to levy assessments to collect unpaid city expenditures for mowing of weeds and removal of debris. Approved F. Consideration of Resolution No. 22-1042 establishing the date and time of a public hearing regarding the expansion of an existing redevelopment district pursuant to K.S.A. 12-1770 et seq. Approved G. Consideration of Resolution No. 22-1043 consenting to the assignment of a portion of the benefits of Resolution No. 19-1041 determining the intent of the City to issue industrial revenue bonds from Stag’s Ridge, LLC to Elevate Safepoint KC, LLC. Councilmember Mickelson asked for items G and H to be removed so he could vote separately and explain his vote. He said he would be supporting item G but not H since he did not believe an IRB was appropriate for additional self storage facilities. Motion by Gilmore, seconded by Vogt, to approve item G. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter H. Consideration of Resolution No. 22-1044 consenting to the assignment of a portion of the benefits of Resolution No. 19-1041 determining the intent of the City to issue industrial revenue bonds from Stag’s Ridge, LLC to Stag Self Storage LLC. Councilmember Gilmore asked for clarification regarding the Stags Ridge development. City Attorney, Ron Shaver, gave an overview of the project, the site Page 2 of 10 City Council Meeting Minutes June 21, 2022 challenges and the terms of the IRB. Councilmember Vogt asked if this would be setting a precedent and Mr. Shaver said there had been another similar project a few years prior. Mayor Bacon mentioned that he thought one of the challenges of this site was how the access road had to be built and Mr. Shaver said it was. Motion by Gilmore, seconded by Vogt, to approve item H. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, and Essex No: Mickelson Absent: Felter I. Consideration of Resolution No. 22-1045 approving the release of certain land from the lien of a lease agreement with Catholic Care Campus, Inc. and the conveyance of such land by the City to Catholic Care Campus, Inc. Approved J. Consideration of Travel Request Authorization for Michael Wilkes to attend the Commission on Fire Accreditation International in Denver Colorado from August 16-17, 2022. Approved K. Request for the acceptance of the land for public easements and public street right-of-way for a final plat of Chinmaya Mission Kansas City (FP22-0016), containing one (1) lot on approximately 16.13 acres; located south of 151st Street and west of Pflumm Road. Planning Commission approved plat 6 to 0. Approved L. Request for the acceptance of the dedication of land for public easements, and the vacation of public utility easements, for a final plat of Sunnybrook Business Park, Second Plat (FP22-0023) containing two (2) lots on approximately 5.99 acres; located southwest of W. 112th Terrace and Lone Elm Road. Planning Commission approved the plat 6 to 0. Approved M. Consideration of Consent Calendar. Approved Page 3 of 10 City Council Meeting Minutes June 21, 2022 N. Consideration of Resolution 22-1046 authorizing the City Hall Environmental Systems Renovation & Roof Project, PN 6-C-016-19. Councilmember McCoy asked questions about the bidding process for this item and wondered if solar panels would be considered as a part of this project. Beth Wright, Infrastructure Deputy Director, said this item was just authorizing the full amount for the design. She said they would provide the Council with a cost benefit analysis at a later time. Mr. McCoy asked if the Council would have an opportunity to see the design before it was approved and Ms. Wright said they would. Motion by GIlmore, seconded by Vogt, to approve item N. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter O. Consideration of a Master Agreement for Professional Services with CDM Smith, Inc. for design of the Remote Facilities Improvements Project, PN 5-C-002-20. Approved P. Consideration of bid and award of project to Crossland Heavy Contractors for demolition of Water Treatment Plant 1, PN 5-C-032-21. Approved Q. Consideration of three (3) Master Agreement for Professional Services with Landworks Studio, LLC; Renaissance Infrastructure Consulting, Inc.; and GLMV Architecture, Inc. for on-call Landscape Architecture services. Approved R. Consideration of award of contract to H2I for the purchase of shelving for the new Downtown Library. Approved S. Consideration of award of contract to Java Connections, LLC dba Laptops Anytime for the purchase of laptop vending machines for the new downtown library. Approved 6. NEW BUSINESS A. Consideration of Ordinance No. 22-24 amending Olathe Municipal Code Sections 10.01.001 (Definitions), 10.01.135 (Electric-Assisted Bicycles, Page 4 of 10 City Council Meeting Minutes June 21, 2022 Traffic Law Application), and 10.01.135.1 (Electric-Assisted Scooters, Traffic Law Application), and adding Olathe Municipal Code Chapter 5.60 (Special Rules Relating to Micromobility Devices, Shared Small Vehicles and Shared Small Vehicle Companies). Councilmember Mickelson asked if there had been any feedback from neighboring cities regarding the success of their program. City Attorney, Ron Shaver, said the feedback he had received had been positive. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-24. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Consideration of a Pilot Operating Agreement with Bird Rides, Inc. Motion by Gilmore, seconded by Vogt, to approve the Pilot Operating Agreement. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter C. Consideration of Ordinance No. 22-25 (ANX22-0004) annexing approximately 148.93 acres of land, located northwest of 167th Street and US 169 Highway, into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-25. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter D. Consideration of Ordinance No. 22-26, RZ22-0003, requesting approval of a rezoning from the CTY RUR (County Rural) District to the R-1 (Residential Single-Family) District and a preliminary plat; and rezoning to the R-3 (Residential Low-Density Multifamily) District and C-2 (Community Center) District, and Preliminary Plat and Preliminary Site Development Plan for Hilltop Farms on approximately 156.8 acres; located northwest of 175th Street and Mur-Len Road. Planning Commission recommends approval 7-0. Senior Planner, Jessica Schuller, gave a presentation regarding this rezoning application. Mayor Bacon asked questions about the buffer behind the Page 5 of 10 City Council Meeting Minutes June 21, 2022 commercial area facing the homes. Ms. Schuller said that would be addressed. Councilmember Gilmore asked about the ownership of a neighboring parcel. Ms. Schuller said it was not owned by the developer. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-26. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter E. Consideration of Ordinance No. 22-27, RZ22-0004, requesting approval for a rezoning from the R-5 (Residential High-Density Multifamily) to the D (Downtown Mixed-Use District) for 101 W. Cedar on approximately 0.20 acres; located at the southwest corner of Cedar and Cherry streets. Planning Commission recommends approval 7-0. Senior Planner, Emily Carrillo, gave a presentation regarding this rezoning application. Councilmember Mickelson asked if there had been any comments or feedback received and Ms. Carrillo said there had not been. Councilmember McCoy asked if there could be more than one business housed in the building and Ms. Carrillo said there could be. Mayor Bacon asked if appropriate notice had been given and if there had been any protests. Ms. Carrillo confirmed notices had been sent and there had not been any protests. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-27. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter F. Consideration of Ordinance No. 22-28 and Resolution No. 22-1047 authorizing the issuance, delivery, form and details of approximately $17,925,280 principal amount of Water and Sewer System Improvement and Refunding Revenue Bonds, Series 2022. John Page, Financial Strategy Manager, gave an presentation regarding all the bond items on the agenda. Page 6 of 10 City Council Meeting Minutes June 21, 2022 Councilmember Vogt asked about the varying interest rates and Mr. Page explained the differences. Councilmember Mickelson asked what it would take for the City to receive better interest rates and Mr. Page said he would look into it more and let the Council know. Mr. Mickelson also asked about interest rates from 2021. Motion by Gilmore, seconded by Vogt, to approve Ordinance 22-28 and Resolution No. 22-1047. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter G. Consideration of Ordinance No. 22-29 and Resolution No. 22-1048 authorizing the issuance, delivery, form and details of approximately $3,640,000 principal amount of Stormwater System Improvement Revenue Bonds, Series 2022. Motion by Gilmore, seconded by Vogt, to approve Ordinance 22-29 and Resolution No. 22-1048. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter H. Consideration of Resolution No. 22-1049 and Ordinance No. 22-30 authorizing the issuance and delivery of the General Obligation improvement and Refunding Bonds, Series 235. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1049 and Ordinance 22-30. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter I. Consideration of Resolution No. 22-1050 authorizing the issuance and delivery of the principal amount of the General Obligation Temporary Notes, Series 2022-A. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1050. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter J. Consideration of Ordinance No. 22-31 authorizing the issuance of health facility revenue bonds in the amount of $70,000,000 on behalf of Olathe Medical Center, Inc, Series 2022A. Page 7 of 10 City Council Meeting Minutes June 21, 2022 Motion by Gilmore, Seconded by Vogt, to approve Ordinance No. 22-31. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 7. NEW CITY COUNCIL BUSINESS Councilmember McCoy mentioned he currently serves on the MARC board and shared about a recent presentation regarding work they are planning to do. Councilmember Vogt thanked staff for all the work to put in bike lanes for citizens who want to ride. Councilmember Mickelson thanked the budget team for all the hard work they have and will be doing. Councilmember Essex mentioned that the Olathe Fire Department and staff from Infrastructure had assisted in a a rescue after a trench had collapsed in a neighboring city. Mayor Bacon invited citizens to enjoy the 4th of July fireworks. He also reminded people that Olathe Live was back and the next concert would be July 8th and the Mayor's Children's Fund would be benefiting from the proceeds. Mayor Bacon reminded everyone that the July 5th council meeting has been canceled. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS Bridgette Moore, 1305 N. Leeview Dr., read a proposed proclamation in support of Pride month. 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 regarding a petition to create a benefit district to finance the improvement of Monticello Road from 167th Street to Erickson Page 8 of 10 City Council Meeting Minutes June 21, 2022 Street. Councilmember Mickelson asked if this benefit district petition complied with the recently updated policy and City Attorney, Ron Shaver, said it did. 2. Report on final 2021 Annual Comprehensive Financial Report (ACFR) and Single Audit. Report Accepted. 3. Report on 2023 Community Development Block Grant (CDBG) funding recommendations. Report Accepted. Councilmember Gilmore said when this item came to the council for action he would recuse himself since he serves on the board of one of the organizations who stands to benefit. 11. ADDITIONAL ITEMS Councilmember Vogt asked if the City was addressing short term rentals. Aimee Nassif, Chief Planning Officer, said they would be coming to the Council with information in the future. Ms. Vogt said she would forward the emails she had received to staff. Mayor Bacon said he believed it would be a good thing for the Council to address. Councilmember McCoy congratulated Councilmember Gilmore on the birth of a new granddaughter. Deputy City Manager, Susan Sherman reminded everyone about the budget workshop at the Community Center on July 12th. Mayor Bacon mentioned that the new City sign at the corner of Santa Fe and K-7 looks great. 12. ADJOURNMENT The meeting was adjourned at 8:33 PM. Brenda D. Long City Clerk Page 9 of 10 City Council Meeting Minutes June 21, 2022 Page 10 of 10