City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | August 2, 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. Consideration of Resolution No. 22-1054 appointing and reappointing members to the Planning Commission. Mayor Bacon introduced Wayne Janner, Planning Commission Chairman. Mr. Janner introduced each appointee and Mayor Bacon presented each with a certificate. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1054. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Consideration of Resolution No. 22-1055 appointing a member to the Board of Housing Commissioners. Mayor Bacon introduced Chris Grunewald, Deputy City Attorney and Interim Housing Director. Mr. Grunewald introduced the appointee and Mayor Bacon, presented him with a certificate. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1055. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter C. Presentation of Lifesaving Award to City of Olathe Employee Tom Westerhaus. Page 1 of 10 City Council Meeting Minutes August 2, 2022 Mayor Bacon introduced Kevin Joles, Division Chief of EMS for Lawrence-Douglas County Fire and Medical. Mr. Joles recognized Tom Westerhaus for his lifesaving efforts which saved the life of a child. Mayor Bacon presented Mr. Westerhaus with a certificate of outstanding service to the community. 5. 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 Garmin International, Inc. for an increase in an IRB amount 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. John Page, Financial Strategy Manager, gave a presentation on both IRB requests from Garmin International. No one spoke and the public hearing was closed. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Consideration of Resolution No. 22-1056 expressing intent to issue industrial revenue bonds and tax phase-in in an increased amount 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. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1056. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter C. Public Hearing 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. No one spoke and the public hearing was closed. Page 2 of 10 City Council Meeting Minutes August 2, 2022 Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter D. Consideration of Resolution No. 22-1057 expressing intent to issue industrial revenue bonds and tax phase-in for a single-phase project including the renovation and repurposing of two existing facilities to higher and better uses on the Garmin campus. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1057. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter E. Public hearing and consideration of Ordinance No. 22-37 expanding an existing redevelopment district pursuant to K.S.A. 12-1770 et seq. No one spoke and the public hearing was closed. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-37. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 6. CONSENT AGENDA The items listed below are considered to be routine by the City Council and may be approved in one motion. These may include items that have been reviewed by the City Council in a prior planning session. There will be no separate discussion unless a Councilmember requests that an item be removed from the consent agenda and considered separately. Mayor Bacon announced that Staff had requested item F be removed from the Consent Agenda to be considered at a later council meeting. Councilmember Mickelson asked for item H be removed from the Consent Agenda to be considered separately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of items F and H. The motion carried with the following vote: Page 3 of 10 City Council Meeting Minutes August 2, 2022 Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter A. Consideration of approval of the City Council meeting minutes of July 19, 2022. Approved B. Consideration of a new cereal malt beverage license application for Leteef, Inc, d/b/a 7-Eleven Store #35784B. Approved C. Consideration of a private club license for The Brickyard, Inc., located at 1001 S. Weaver. Approved D. Consideration of Travel Request Authorization for Michael Wilkes to attend the ICMA Annual Conference in Columbus, Ohio, from September 17 to September 21, 2022. Approved E. Consideration of approval of a Maintenance, Management and Use Agreement for the Johnson County Square and Adjoining Outdoor Recreational Space for Public Special Events between the City of Olathe and Johnson County. Approved F. Consideration and Approval of the 2023 Community Development Block Grant (CDBG) funding recommendations. Removed from Consent Agenda by Staff to be considered at a later date. This item was withdrawn at the request of staff. G. Consideration of Consent Calendar. Approved H. Consideration of bid and award of contract to Crossland Heavy Contractors for construction of the South Cedar Creek Elliptical Pipe Project, PN 1-C-021-22. Councilmember Mickelson asked for this item to be removed from the Consent Agenda for separate consideration. Mr. Mickelson asked staff to share information regarding the need to replace this particular pipe and details about why it had failed. Nate Baldwin, City Engineer, explained that at this time they did not know why it had failed, but would be looking for those answers and Page 4 of 10 City Council Meeting Minutes August 2, 2022 would report back to the council. Motion by Mickelson, seconded by Vogt, to approve item H. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 7. NEW BUSINESS A. Consideration of Ordinance No. 22-38 levying assessments to collect city expenditures for weed mowing and debris removal. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-38. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Consideration of Resolution No. 22-1058 determining the advisability of making certain internal improvements within the City pursuant to K.S.A. 12-6a01 et seq., including the construction of Monticello Road from 167th Street to Erickson Street, and related public improvements. Ron Shaver, City Attorney, gave a presentation on the proposed project. Councilmember Mickelson asked for clarification regarding the Attorney General's opinion and Mr. Shaver provided the answer. Mayor Bacon asked questions about previous agreements for land not to be included. Mr. Shaver explained the terms of this past agreement. Mayor Bacon asked questions about the improvements on 167th street and Mr. Shaver gave a summary. Mayor Bacon allowed Judd Treeman, with Stinson Law Firm, and Ryan Denk, with MVP Law Firm, an opportunity to speak. They asked the council to deny the application for the benefit district as they believe it is not in their clients' best interest. Mayor Bacon then asked clarifying questions about the boundaries and the parcels included in this benefit district area. Mr. Shaver provided the answers and identified the area included. Page 5 of 10 City Council Meeting Minutes August 2, 2022 Councilmember Mickelson asked Mr. Shaver to show him which lots had signed voluntarily. Mayor Bacon asked about possible legal action and Mr. Shaver shared about some information they had received regarding questions that had been raised. Councilmember Vogt asked if there was any other way to accomplish this project. Mr. Shaver said the property owners were all open to looking for a reasonable way to come to an agreement. Councilmember Gilmore asked more questions about Faith Technology and their access to 167th Street. Mr. Treeman said there is a current site development plan for that area. Chet Belcher, Development Review Manager, also talked about the traffic impact study. Councilmember Mickelson said he would suggest continuing this item and encouraging all property owners to negotiate. Motion by Gilmore, seconded by Vogt, to continue Resolution No. 22-1058. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter C. Consideration of Ordinance No. 22-39 approving the annexation of approximately 186 acres at the northeast corner of 175th Street and Clare Road and approving an annexation agreement. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-39. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter D. Consideration of Ordinance No. 22-40 repealing Chapters 2.12 and 2.28 of the Olathe Municipal Code. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-40. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter Page 6 of 10 City Council Meeting Minutes August 2, 2022 8. NEW CITY COUNCIL BUSINESS Councilmember McCoy said he had been in West Virginia helping with humanitarian efforts. He encouraged everyone to support those in need. Councilmember Mickelson congratulated the gentlemen who had been appointed to the Planning and Housing Commissions and thanked them for their willingness to serve the community. Councilmember Essex made note that the Olathe Fire Department has provided support for other communities in need. She also shared that the Fire Department has had a new fire dog join the department named, Huxley. Mayor Bacon reminded citizens that they could still donate school supplies for a reduction in their municipal court traffic fines. 9. END OF TELEVISED SESSION 10. 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 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 proposed amendments to Title 14 of the Olathe Municipal Code pertaining to Sewer Use Regulations. Report Accepted. 2. Report regarding proposed amendments to Title 5 of the Olathe Municipal Code pertaining to fees for private towing. Report Accepted. B. DISCUSSION ITEMS 1. General Overview of the Proposed 2023 Solid Waste, Stormwater, and Street Maintenance Sales Tax Budgets, Page 7 of 10 City Council Meeting Minutes August 2, 2022 2023-2027 Capital Improvement Plan (CIP), and fees. John Page, Financial Strategy Manager, gave a presentation regarding the 2023 proposed stormwater and solid waste budgets. Council members asked questions regarding SMAC funding and Rob Bielfuss, Stormwater Manager, indicated there had been a restructuring which changed the way the funds were distributed. Ms. Jaeger and Mr. Page answered questions about waste management and future landfill needs. Ms. Jaeger and Mr. Page then presented information about the proposed Street Maintenance Sales Tax budget. Council members asked questions regarding the timeline for renewing the Street Maintenance Sales Tax and what effects it would have on the maintenance of the streets should that tax not be renewed. Councilmember Gilmore expressed concerns that not enough was being done to provide relief for the current inflation. Mayor Bacon also asked questions about the proposed block water rates that was presented at a prior council meeting and expressed concerns on that structure. 12. ADDITIONAL ITEMS Councilmemeber Vogt asked about how and when bike lanes are cleaned. She expressed concern since she noticed there was significant rocks and debris in the lane while riding recently. Rob Bielfuss, Stormwater Manager, said the bike lanes are swept weekly but the gravel accumulates quickly. Councilmember Gilmore asked if trucks were required to cover their load and Page 8 of 10 City Council Meeting Minutes August 2, 2022 Mr. Bielfuss said they were. Councilmember Vogt said she was excited for the new lanes on Kansas Ave. Councilmember Vogt then asked about the education opportunities for those serving on the Board of Housing Commissioners. Chris Grunewald, Deputy City Attorney and Interim Housing Manager, said there are virtual classes through HUD they have participated in. Mayor Bacon asked about the status of the search for a new Housing Director and Mr. Grunewald said they were restructuring the position and hoped to advertise for the position soon. Then Mr. Bacon asked about additional federal funds for capitol needs and Mr. Grunewald said there is a possibility but staying ahead of capitol improvements is a challenge. Councilmember Gilmore asked about liability regarding environmental abatements and Mr. Grunewald said he would look into that. Councilmember Gilmore asked about combining the street sales tax and the parks sales tax and Deputy City Manager, Susan Sherman, said they would bring options to the Council. Councilmember McCoy asked if the improvements on Kansas Ave. would be completed in time for Old Settlers. Nate Baldwin, City Engineer, said all the asphalt would be completed but landscaping would be done after Old Settlers. Ms. Sherman said they would provide a map to the council members indicating the set up for Old Settlers. Councilmember McCoy mentioned that his wife had suffered a fall and he said they were appreciative of the first responders and the calls from staff checking on them. Mayor Bacon asked about the agreement with the County for the maintenance of the Johnson County Square. Deputy City Manager, Susan Sherman, said the County would be voting on it this week. Mayor Bacon also suggested staff should take note of the new Panisonic plant that is coming to the area and it's close proximity to the water supply. He also Page 9 of 10 City Council Meeting Minutes August 2, 2022 asked about the City's monument located at 119th and I-35. Mary Jaeger, Director of Infrastructure, said there was some facade issues and they are working with the contractor on these. 13. ADJOURNMENT The meeting was adjourned at 9:14 PM. Brenda D. Swearingian City Clerk Page 10 of 10