City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | August 16, 2022 | 6:30 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt Others in attendance were Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. City Manager, Michael Wilkes, arrived at 8:15 PM. 2. EXECUTIVE SESSION A. For the preliminary discussion of the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the I-35 & Santa Fe Improvements Project, PN 3-C-025-18. Motion by Gilmore, seconded by Felter, to recess into an executive session for the preliminary discussion of the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the I-35 & Santa Fe Improvements Project, PN 3-C-025-18 for 27 minutes. The open meeting will resume in the Council Chambers at 6:57 PM. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt B. For the preliminary discussion of the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the 119th Street, Woodland to Northgate Project, PN 3-C-024-21. Motion by Gilmore, seconded by Felter, to recess into an executive session for the preliminary discussion of the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the 119th Street, Woodland to Northgate Project, PN 3-C-024-21 for 27 minutes. The open meeting will resume in the Council Chambers at 6:57 PM. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt 3. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Felter, to authorize staff to proceed with the strategies discussed with and directed by the Governing Body. The motion carried with the following vote: Page 1 of 9 City Council Meeting Minutes August 16, 2022 Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 22-1059 appointing a member to the Parks and Recreation Leadership Board and Board of Trustees of the Olathe Parks and Recreation Foundation. Mayor Bacon introduced Greg Foss, Parks and Recreation Board Chairman, and Mr. Foss introduced Isaac McCalla who is a high school student, serving on the Olathe Teen Council. Mayor Bacon then presented a certificate of appointment to Mr. McCalla. Motion by Gilmore, seconded by Felter, to approve Resolution No. 22-1059. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt B. Presentation of Service Awards to Jeremy Fry and Anne Oswald. Mayor Bacon introduced Wayne Janner, Planning Commission Chairman. Mr. Janner introduced Dr. Jeremy Fry. Mayor Bacon presented him with a service award and thanked him for his service to the Olathe Community. Mayor Bacon then introduced Carrie Rezac, Chair for the Street Sales Maintenance Sales Tax Oversight Committee. Ms. Rezac introduced Anne Oswald, thanking her for her years of service and Mayor Bacon presented Ms. Oswald with a service award. C. Report from the Street Maintenance Sales Tax (SMST) Finance Oversight Committee on the 2021 activities. Mayor Bacon invited Ms. Rezac back to the podium to share the annual report from the SMST committee. Ms. Rezac introduced committee members in attendance. Mayor Bacon expressed the Councils appreciation for all their work. 7. PUBLIC HEARINGS Page 2 of 9 City Council Meeting Minutes August 16, 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 and consideration of Resolution No. 22-1060 on a request by Artio Medical, Inc. expressing intent to issue industrial revenue bonds and tax phase-in for the development and construction of a 50,000 sq. ft. office and manufacturing facility located north of the intersection of Clay Blair Boulevard & 107th Street in the Kansas Bioscience Park. John Page, Financial Strategy Manager, gave a short presentation regarding this IRB application. No one spoke regarding this item. Motion by Gilmore, seconded by Felter, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt Motion by Gilmore, seconded by Felter, to approve Resolution No. 22-1060. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt 8. CONSENT AGENDA Councilmember Gilmore asked for item E to be removed for separate consideration. Councilmember McCoy asked for item F to be removed for separate consideration. Motion by Gilmore, seconded by Felter, to approve the Consent Agenda with the exception of items E and F. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt A. Consideration of approval of the City Council meeting minutes of August 2, 2022. Approved B. Consideration of a renewal drinking establishment application for Old Page 3 of 9 City Council Meeting Minutes August 16, 2022 Chicago of Kansas II, LLC; d/b/a Old Chicago #59. Approved C. Consideration of business expense statement for City Manager Michael Wilkes for expenses incurred to attend the TLG conference in Austin Texas Aug. 1- Aug. 5, 2022. Approved D. Consideration of the 2022 Subrecipient Agreements for Olathe’s Community Development Block Grant (CDBG) projects. Approved E. Consideration and Approval of the 2023 Community Development Block Grant (CDBG) funding recommendations. Councilmember Gilmore requested item E to be removed from the Consent Agenda and be considered separately. He explained that he currently serves on the board of one of the organizations being considered for funding. Staff noted there are incorrect dates listed in the summary of this item. The dates for the public hearing and applications should reflect 2022 instead of 2023. Motion by Mickelson, seconded by Felter, to approve item E. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Felter, and Essex Absent: Vogt Recused: Gilmore F. Consideration of Resolution No. 22-1061 allowing archery hunting of deer for the 2022-2023 season as part of the Urban Deer Management Program. Councilmember McCoy asked for item F to be removed from the Consent Agenda and considered separately. He asked if deer that were killed as a result of being hit by a car were being used for testing. Paul Krueger, Park Services Manager, said he would contact the State regarding this question. Mayor Bacon asked about the few number of people wanting to hunt for deer and Mr. Krueger said he didn't know why the numbers had gone down. Motion by Gilmore, seconded by Felter, to approve item F. The motion carried with the following vote: Page 4 of 9 City Council Meeting Minutes August 16, 2022 Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt G. Consideration of Consent Calendar. Approved H. Acceptance of renewal of contract to K & W Underground, Inc. for directional drilling services for the Field Operations Division of Infrastructure. Approved I. Consideration of bid and award of contract to Crossland Heavy Contractors, Inc. for replacement of two sodium hypochlorite storage tanks at the Water Treatment Plant, PN 5-C-021-22. Approved J. Acceptance of proposal and consideration of award of contract to FE Technologies for the purchase of self-check machines, security gates, and RFID pads for the Olathe Downtown Public Library. Approved 9. NEW BUSINESS A. Consideration of Ordinance No. 22-41 amending Title 5 of the Olathe Municipal Code. Motion by Gilmore, seconded by Felter, to approve Ordinance No. 22-41. The motion carried with teh following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt B. Consideration of Ordinance No. 22-42 amending Title 14 of the Olathe Municipal Code pertaining to Sewer Use Regulations. Motion by Gilmore, seconded by Felter, to approver Ordinance No. 22-42. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt 10. NEW CITY COUNCIL BUSINESS Councilmember Essex said she had been at the Police building groundbreaking. She thanked John Gilroy, Environmental Services Manager, for the tour of the water treatment facilities. She also mentioned that school is starting and wished everyone a great school year. Page 5 of 9 City Council Meeting Minutes August 16, 2022 Councilmember Mickelson said he was honored to participate in the groundbreaking. He also said he had toured Fire Station 2. Councilmember McCoy mentioned that the Fire Department had just received a national accreditation. Councilmember Felter also said she had attended the Police building groundbreaking and it was awesome. She thanked Mr. Gilroy for the informative tour. She said that with school starting there were volunteer opportunities. Ms. Felter also mentioned Dr. Erin Dugan with TLC and their efforts to meet the needs of the youth in the community. Mayor Bacon said the registration was still open for the triathlon at Lake Olathe. 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. A. DISCUSSION ITEMS 1. General Overview of the Proposed 2023 Chamber of Commerce, Recreation, and Park Sales Tax Budgets, 2023-2027 Capital Improvement Plan (CIP), and fees. Jarrod Stewart, Budget Analyst, introduced Tim McKee, CEO of the Olathe Chamber of Commerce. Mr. McKee gave an overview of the Chamber's 2023 proposed budget. Mayor Bacon thanked Mr. McKee for the great detail he had provided. Councilmember Gilmore asked how the guest tax is distributed Page 6 of 9 City Council Meeting Minutes August 16, 2022 and Mr. McKee explained. Mr. Gilmore said he believed the Chamber provides important work for the community. Councilmember Felter asked how they measured job retention in the community and Mr. McKee said they are aware when companies are contemplating leaving the community and they work to retain them. Ms. Felter said she was interested in hearing more about the job expo the Chamber is hosting for the local high schools. Ms. Felter also said she thought the consulting work the Chamber was going to provide was a great opportunity. Councilmember McCoy said he believed Olathe Chamber is a great asset to the community. Mayor Bacon said he was excited for the Chamber to be back downtown soon. Mr. Stewart continued the presentation with the proposed 2023 budget for the recreation fund and park sales tax fund. Councilmember Felter asked about data that didn't show the Park Sales Tax continuing. Mr. Stewart said that is how they prepare the budget but the City would pursue that renewal. Councilmember McCoy asked questions about the parking lot at the softball fields and wondered about the connectivity and access in new developments. Nate Baldwin, City Engineer, said they look at access with all new developments and they would evaluate this. Councilmember Gilmore thanked staff for all their work on the budget. He then expressed his desire to do more to bring relief to citizens. He asked if there were other council members who were in agreement with him. Mayor Bacon asked how much he was suggesting and Mr. Gilmore said an overall 6% reduction is what he would like to Page 7 of 9 City Council Meeting Minutes August 16, 2022 see. Mr. Bacon asked if it was something staff could look at. Councilmember Felter said she believed it was important to capture the increase. She pointed out that inflation impacts the City too. Councilmember McCoy said he agreed with Ms. Felter and said the City needs to be good stewards. Councilmember Essex said it has been an extraordinary year and she thought it was worth a conversation. Councilmember Mickelson said he also thought it was worth a conversation, looking at both ends and maybe landing somewhere in the middle. City Manager Michael Wilkes said it was certainly something staff could look at and would send out information to the Council before the budget hearing next week. Councilmember Felter asked if using funds from the reserves would impact the City's bond rating and Mr. Wilkes said they would ask that question. Councilmember Gilmore said he thought they focused on the general fund and Mr. Wilkes said he was not sure about that. Councilmember Gilmore said the debt service fund has been increasing since 2016 and Mayor Bacon clarified that would be included in the information staff would provide to the Council. Mr. Gilmore also said he would like to know what was budgeted for 2021 and what the actual results were. Councilmember Mickelson said he wanted to know the tradeoffs. City Manager Michael Wilkes said using funds out of the reserves impacts the City's ability to pay debt in the future. He Page 8 of 9 City Council Meeting Minutes August 16, 2022 said project cost are increasing and debt finance cost is increasing. Councilmember Mickelson said he thought there could be the potential to find additional funds to offset. 14. ADDITIONAL ITEMS City Manager, Michael Wilkes, said this is the third accreditation for the Fire Department. He also mentioned that many of the surrounding communities also achieved this accreditation. Mayor Bacon reminded everyone the special council meeting for next Tuesday, August 23rd would begin at 5:30 PM. 15. ADJOURNMENT The meeting was adjourned at 8:46 PM. Brenda D. Swearingian City Clerk Page 9 of 9