City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 19, 2022 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. Mayor Bacon stated the North Kansas City Police Department lost officer Daniel Vasquez in the line of duty and asked for a moment of silence. Mayor Bacon mentioned the $4 billon Panasonic battery plant and the opportunities it holds for the Olathe area. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing August 2, 2022 as National Night Out Mayor Bacon read and presented the proclamation to Police Sergeant Joel Yeldell, and Olathe Civic Academy and Citizens Police Academy graduate, Lori Brunner. Sergeant Yeldell thanked the mayor and council for the proclamation and spoke about the history of the event. B. Recognition of Olathe high school student champions. Mayor Bacon presented City of Champion awards to students and teams from the Olathe high schools for their accomplishments in track, dance, and receiving perfect ACT scores. 5. PUBLIC HEARINGS Page 1 of 11 City Council Meeting Minutes July 19, 2022 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 to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal. Mayor Bacon opened the Public Hearing and invited public comments. No public comments were heard. Motion by Vogt, seconded by Mickelson, to close the Public Hearing. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore 6. CONSENT AGENDA Councilmember Vogt asked for items P and X to be removed from the consent agenda and considered separately. Councilmember Mickelson asked for item O to be removed from the consent agenda and considered separately. Motion by Vogt, seconded by Felter, to approve the consent agenda with the exception of items O, P, and X. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore A. Consideration of approval of the City Council meeting minutes of June 21, 2022 and July 12, 2022. approved B. Consideration of a renewal drinking establishment application for RL Kansas LLC, d/b/a Red Lobster #6384 approved C. Consideration of pawnbroker/precious metal dealer renewal license application for Heartland Pawnbrokers LLC, d/b/a Heartland Pawn and Jewelry, located at 395 N Ridgeview Rd. approved D. Consideration of Resolution No. 22-1051 approving the assignment and assumption of lease agreements and related bond documents from MDH F1 Dawn, LLC to MDH F1 KC Olathe - B, LLC and MDH F1 KC Olathe - C, LLC. Page 2 of 11 City Council Meeting Minutes July 19, 2022 approved E. Consideration of Travel Request Authorization for Michael Wilkes to attend the TLG (Transforming Local Government) conference in Austin Texas, from August 2 to August 5, 2022. approved F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Parkside Reserve, Second Plat (FP22-0024) containing 39 residential lots and two common (2) tracts on 12.69± acres; located south of W. 167th Street and east of Brougham Drive. Planning Commission approved this plat 6-0.. approved G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Parkside Reserve, Third Plat (FP22-0025) containing 33 residential lots and two (2) common tracts on 10.88± acres; located south of W. 167th Street and east of Brougham Drive. Planning Commission approved this plat 6-0.. 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 Stonebridge Pointe, Fourth Plat (FP22-0026), containing thirty-five (35) lots and three (3) tracts on approximately 10.74 acres; located northeast of W. 165th Street and S. Lindenwood Drive. Planning Commission approved the plat 6 to 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 Woodland Hills, Sixth Plat (FP22-0027), containing seventy-two (72) lots and nine (9) tracts on approximately 26.70 acres; located at 114th Street and Langley Street. Planning Commission approved the plat 6 to 0. approved J. Request for the acceptance of the dedication of land for public easements for a final plat of School Acres Second Plat (FP22-0028) containing two (2) lots and one (1) tract on approximately 32.16 acres; located at 1100 N. Ridgeview Road. Planning Commission approved the plat 8 to 0. approved K. Consideration of 2022 Byrne Justice Assistance Grant (JAG) Program approved L. Consideration of Change Order No. 2 to the contract with Freeman Page 3 of 11 City Council Meeting Minutes July 19, 2022 Concrete Construction, LLC for construction of the 2022 Local and Collector Street Mill and Overlay Project - Group A, PN 3-P-005-22. approved M. Consideration of Amendment No. 2 to the agreement with Turner Construction for construction services for the Police Building Expansion Phase II project, PN 6-C-010-20. approved N. Consideration of agreement with Water District #1 of Johnson County for data transfer and use. approved O. Consideration of Resolution No. 22-1052 pre-authorizing the ordering of vehicles for 2023 City-wide fleet replacements. Councilmember Mickelson stated he pulled the item to make comments. Mr. Mickelson spoke with Infrastructure Director, Mary Jaeger, to collect some data on the usage of a pool vehicle that is housed at city hall so decisions can be data driven in the future. Motion by Mickelson, seconded by Vogt, to approve Resolution No. 22-1052 as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore P. Consideration of award of contract to Key Equipment and Supply Company for the purchase of three (3) Envirosight Rovver X mainline sewer inspection systems. Councilmember Vogt stated she was surprised to see equipment being traded in that was only 3-5 years old and asked what the lifespan was for the equipment. Field Operations Division Manager, Zach Hardy, stated the CAI was incorrect, the equipment is actually 5-7 years old. He added the hope was to have the equipment replaced every 10 years, but the technology evolves faster than that and parts are hard to get to fix them. Councilmember Mickelson asked since parts were an issue for the devices, could the city purchase replacement parts to have on hand to help with the upkeep of the equipment. Mr. Hardy stated the issue is more with the software the equipment uses becoming outdated. Page 4 of 11 City Council Meeting Minutes July 19, 2022 Councilmember Vogt asked if these would be on a 5 year replacement or if they would be evaluated. Mr. Hardy stated they would be evaluated. Motion by Vogt, seconded by Mickelson, to approve item P. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore Q. Consideration of renewal of contract with Commercial Aquatic Services, Inc. for swimming pool chemicals and services. approved R. Consideration of renewal of contract to Integrity Locating Services, LLC for the Underground Utility Locating Services Project, PN 8-C-001-21. approved S. Consideration of renewal of contract to Mayer Specialty Services, LLC. For manhole and horizontal pipe lining, repair, and services. approved T. Consideration of award of contract to Reynolds Construction LLC. for collector well cleaning services. approved U. Acceptance of bid and consideration of award of contract to Conrad Fire Equipment Inc., for the fleet replacement purchase of two (2) Pierce Arrow XT Aerial Apparatus for the Fire Department. approved V. Consideration of award of contract to Qualtrics for the purchase of Qualtrics Software, Licensing, and Services. approved W. Consideration of award of contract to OPTO International, Inc. for mobile shelving for the new Downtown Library. approved X. Acceptance of proposal and consideration of award of cooperative contract to Matthews Specialty Vehicles for a Bookmobile for the Olathe Public Library. Councilmember Vogt stated she pulled the item to provide the public with general information because this will be a new service to the city. She also noted there were donations that helped make this possible and wanted to give them recognition. Library Systems Officer, Bob Miller, stated the vehicle is expected in Page 5 of 11 City Council Meeting Minutes July 19, 2022 approximately 440 days of build time. Once the vehicle is received and training takes place for staff, the vehicle will be ready to be used. He stated Friends of the Olathe Public Library made a pledge of $75,000 and the Olathe Public Library Foundation pledged $50,000 of the total $250,000 for the vehicle. Motion by Vogt, seconded by Mickelson, to approve item X. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore 7. NEW BUSINESS A. Consideration of Resolution No. 22-1053 of the City of Olathe, Kansas regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. Mayor Bacon stated the Resolution sets the date and time for the Public Hearing on exceeding revenue neutral. He added the Public Hearing is scheduled for August 23rd and suggested it start at 5:30pm. Other councilmembers agreed to start at 5:30pm. Chief Financial Officer, Briana Burrichter, provided a brief presentation over the proposed Mill Levy. Motion by Vogt, seconded by Mickelson, to approve Resolution No. 22-1053 of the City of Olathe, Kansas regarding the Governing Body's intent to levy a property tax exceeding the revenue neutral rate. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore B. Consideration of Ordinance No. 22-32, RZ22-0006, requesting approval for a rezoning from the C-2 (Community Center) District and the CTY RUR (County Rural) District to the CC (Cedar Creek) District and a preliminary plat and preliminary site development plan for Cedar Creek Recreation Area, containing one (1) lot on approximately 4.47 acres; located at the southwest corner of Cedar Creek Parkway and College Boulevard. Planning Commission recommends approval 6 to 0. Senior Planner, Jessica Schuller, provided a presentation to the council. Councilmember Mickelson asked if the dedication for College Blvd will be enough for the proposed widening of College Blvd in a few Page 6 of 11 City Council Meeting Minutes July 19, 2022 years. Ms. Schuller stated, yes. Mr. Mickelson asked if there was sufficient parking for the site. It was noted there would be 90 spaces. Councilmember Vogt asked how many houses will be serviced by this recreation area. Ms. Schuller stated there are approximately 1300 homes that would have access to the area. Dan Foster, with Schlagel & Associates, provided a brief presentation to the council. Councilmember Mickelson thanked the developer for listening to comments about parking issues and working through those ahead of time. Motion by Vogt, seconded by Mickelson, to approve Ordinance No. 22-32 as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore C. Consideration of Ordinance No. 22-33 (VAC22-0002), requesting approval of a vacation of a utility easement on Lot 7 of Villas at Hidden Lake First Plat; located at 10822 S. Green Road. Planning Commission recommends approval 6 to 0. Motion by Vogt, seconded by Felter, to approve Ordinance No. 22-33 (VAC22-0002) as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore D. Consideration of Ordinance No. 22-34 repealing Olathe Municipal Code section 3.60.150 pertaining to Risk Management Policy program administration. Motion by Vogt, seconded by Mickelson, to approve Ordinance No. 22-34 as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore E. Consideration of Ordinance No. 22-35 amending Title 9 of the Olathe Municipal Code (The Olathe Public Offense Code). Motion by Vogt, seconded by Mickelson, to approve Ordinance No. 22-35 as presented. The motion carried with the following vote: Page 7 of 11 City Council Meeting Minutes July 19, 2022 Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore F. Consideration of Ordinance No. 22-36 amending Title 10 of the Olathe Municipal Code (The Olathe Traffic Ordinance). Motion by Vogt, seconded by Mickelson, to approve Ordinance No. 22-36 as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex Absent: McCoy, and Gilmore 8. NEW CITY COUNCIL BUSINESS Councilmember Felter stated it was Komal Kaur's last meeting as a high school intern with the City of Olathe. Ms Felter also wanted to give a shout out to Fareway Meat Market after she had the opportunity to try some products over the weekend. Ms Felter mentioned multiple events she has had the pleasure of attending. Events included a presentation of proclamation to the Journey of Hope riders, and all the student activities that have taken place at Mahaffie Stagecoach. Other items mentioned were the completion of the splash pad at Lake Olathe, the Olathe Public Library having the most material checked out in all of Johnson County, the city having 12 new firefighting recruits, Olathe Municipal Court accepting school supplies for fines, multiple community outreach activites from the police department, and Officer Erik Clark receiving the National Award of Valor. Councilmembers Felter and Mickelson mentioned the Citizens Police Academy is fantastic and a great way to understand the city better. Councilmember Essex mentioned a group of Olathe firefighters are in Nebraska, helping fight wildfires and hopes for their safe return. Mayor Bacon stated the second public meeting tomorrow on the development of the Parks and Recreation Master Plan. The meeting will be at 6:00pm on Zoom. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Page 8 of 11 City Council Meeting Minutes July 19, 2022 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. Thomas Kearney, 11918 S Greenwood Street, Olathe, spoke about the upcoming Olathe Kid's Fishing Derby and invited the council to the event. 11. 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 an annexation application and agreement for approximately 186 acres at the northeast corner of 175th Street and Clare Road. Councilmember Vogt asked if this was a voluntary annexation. City Attorney, Ron Shaver, stated, yes. Ms. Vogt asked if the annexation is outside our planning area. Mr. Shaver stated, yes. Ms. Vogt asked City Manager, Michael Wilkes, if Gardner had been notified about the request. Mr Wilkes stated that Mr. Shaver has contacted Gardner's City Attorney and he has contacted Gardner's City Manager. Mr. Shaver noted the Kansas Supreme Court ruled that annexation agreements between Olathe and neighboring cities are not valid so more annexations like this one may happen. Mayor Bacon asked how planning maps would change because of this. Mr. Shaver stated legal was working with staff to figure this out. accepted 2. Report regarding the proposed repeal of certain duplicative sections of Title 2 of the Olathe Municipal Code. accepted 3. IRB Report on a request by Artio Medical, Inc. for issuance of industrial revenue bonds and tax phase in for the development and construction of a 50,000 sq. ft. office and manufacturing Page 9 of 11 City Council Meeting Minutes July 19, 2022 facility located north of the intersection of Clay Blair Boulevard & 107th Street in the Kansas Bioscience Park. accepted 4. IRB Report application to request an IRB amount increase by Garmin International, Inc. for a two-phase project including the construction of a new manufacturing facility and repurposing of the original warehouse to office and research uses. The facilities are located on the northwest corner of the 151st Street & Ridgeview intersection. accepted 5. IRB Report on a request by Garmin International, Inc. for a single-phase project including the renovation and repurposing of two existing facilities to higher and better uses on the Garmin campus. Councilmember Vogt stated Garmin is a superior partner in the city. Councilmember Felter thanked Garmin for continually investing in the city. accepted B. DISCUSSION ITEMS 1. General Overview of the Proposed 2023 Water and Sewer Budget, 2023-2027 Capital Improvement Plan (CIP), and fees. Financial Strategy Manager, John Page, started the presentation with a general overview of the proposed 2023 Water and Sewer Budget. Infrastructure Director, Mary Jaeger, continued the presentation with the proposed changes to the water rate block restructuring. Councilmembers asked clarifying questions about different aspects of the proposed structure. Ms. Jaeger provided explanations to those questions. Councilmembers Mickelson and Felter voiced concerns that the structure may affect larger families. Ms. Jaeger also explained the proposed changes to the commercial water charges, along with proposed new staffing additions and projects. Page 10 of 11 City Council Meeting Minutes July 19, 2022 Mayor Bacon stated it has been the mindset that new growth pays for itself. He added that the proposed structure seemed to be done to leverage current customers for growth instead of allowing growth to pay for itself. Ms. Jaeger stated the structure was based on usage on maximum days and being able to sustain demand on those days. Mayor Bacon asked for an explanation of the copper portion of the lead/copper ruling. Ms. Jaeger stated she would provide information on that portion. Mr. Page finished the presentation with an overview of the proposed CIP projects. 12. ADDITIONAL ITEMS Councilmember Mickelson commended staff for the amount of details that were put into the budget presentation. 13. ADJOURNMENT The meeting was adjourned at 9:27 PM. Eric Strimple Assistant City Clerk Page 11 of 11