City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 6, 2022 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Others in attendance were City Manager, Michael Wilkes, 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. Proclamation recognizing September 15 - October 15 as Hispanic Heritage Month. Mayor Bacon presented the proclamation to the Olathe Lowrider Bike Club, sponsored by the Olathe School District. Club Sponsor, Gene Cantero, thanked the mayor, Council and community partners for their support. Stephanie Garcia-Rios, thanked the mayor and the Olathe community for all they have done. Club Sponsor, Erik Erazo, explained the lowrider bike they brought to the presentation. B. Proclamation recognizing September as Deaf Cultural Month. Mayor Bacon presented the proclamation to Bonnie Goben, owner and operator of ASL Connections. Ms. Goben thanked the council for the recognition and the partnership with ASL Connections. C. Consideration of Resolution No. 22-1063 appointing members to the Citizens Police Advisory Council. Mayor Bacon invited Police Advisory Council Chair, Dennis Vaverka Page 1 of 10 City Council Meeting Minutes September 6, 2022 up to introduce the new members. Mr. Vaverka introduced Julie Bustos. Bob Myers was unable to attend. Mayor Bacon presented Julie with her certificate. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1063 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex D. Presentation of the Leading the Way Award to the City of Olathe. Mayor Bacon stated the City of Olathe earned the Leading the Way award from ETC Institute for the third year in a row. He invited Chris Tatham, CEO of ETC Institute up to present the award. Mr. Tatham gave a brief explanation of what ETC measures are and that Olathe has earned this award for the third year in a row. Mayor Bacon thanked city staff for being dedicated to the Olathe community and being passionate about their jobs. 5. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex A. Consideration of approval of the City Council meeting minutes of August 16, 2022 and August 23, 2022. approved B. Consideration of a new drinking establishment application for Romeito Cuban Restaurant LLC, d/b/a Romeito Cuban Restaurant. approved C. Consideration of business expense statement for the City Manager Michael Wilkes for expenses incurred to attend the Accreditation in Denver for Aug. 15 to Aug. 18. approved D. Consideration of Resolution No. 22-1064 (SU22-0005), requesting approval of a Special Use Permit for a Telecommunications Facility (Monopole); located north of 123rd Street and east of Kansas City Road. Planning Commission recommends approval 6-1-0. approved Page 2 of 10 City Council Meeting Minutes September 6, 2022 E. Request for the acceptance of the dedication of land for public easements for a final plat of Grace Church Lot 1 (FP22-0029), containing one (1) lot and one (1) tract on approximately 17.33 acres; located south of W. 167th Street and west of S. Britton Street. Planning Commission approved plat 8 to 0. approved F. Request for the acceptance of the dedication of land for public easements for a final plat of Bonham Estates 2nd Plat (FP22-0031), containing one (1) lot on approximately 1.23 acres; located north of Dennis Avenue and west of Stonecrest Road. Planning Commission approved plat 8 to 0. approved G. Consideration of Consent Calendar. approved H. Consideration of Change Order No. 4 to the contract with Crossland Heavy Contractors for construction of the Cedar Lake Lift Station Improvement Project, PN 1-L-001-21. approved I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to V.F. Anderson Builders, LLC, for construction of the Stagecoach and Sleepy Hollow Stormwater Improvements Project, PN 2-C-011-20. approved J. Professional Services Agreement with Johnson County Airport Commission (JCAC) for the services of Runway and Hangar inspections performed by the Fire Department. approved K. Consideration of renewal of contract with All City Management Services for crossing guard services for Police Department. approved 6. NEW BUSINESS A. Consideration of Ordinance No. 22-43, RZ22-0005, requesting approval of a rezoning from the CTY RUR District to the M-2 (General Industrial) District and a preliminary site development plan for 23155 W. 175th Street. on approximately 150.99 acres; located southwest of 175th Street. and Hedge Lane. Planning Commission recommends approval 7-0. Senior Planner, Emily Carrillo, provided a presentation on the proposed rezoning and preliminary development plan. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-43 Page 3 of 10 City Council Meeting Minutes September 6, 2022 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 22-44 authorizing of the City's taxable industrial revenue bonds in an amount not to exceed $33,850,000 to Scannell Properties #542, Series 2022, for the construction of a 567,840 sq. ft. industrial building in the I-35 Logistics Park development. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-44 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Ordinance No. 22-45 adopting the 2022 City of Olathe Budget. Financial Strategy Manager, John Page, provided a presentation. Mayor Bacon thanked staff for working hard on the budget and including a proposed decreased of .25 mill. Councilmember Gilmore provided further clarification on his proposal he provided at a previous meeting. He stated that he feels the city is out pacing the growth of the city in the proposed budget. He noted that he is supportive of staff, along with the city’s Police and Fire Departments. Mr. Gilmore also stated his proposal would not change any budgets for any departments but felt the city could do more to help the citizens with the tax burden they are seeing with other government agencies raising the mill levy and property tax increases. Mr. Gilmore stated the city saw a 9.4-million-dollar surplus in the general fund in 2021 and asked if enough was being done to return some of the money back to the taxpayers. Mr. Gilmore stated his proposal was to have a 1.468 mill decrease out of the debt service fund on top of the .25 decrease currently being proposed by staff and feels the debt service fund policy needs to be reviewed. Councilmember Vogt thanked Councilmember Gilmore for the information and acknowledged everyone would like to see the decrease, but she is not supportive of it coming from the debt services fund because of projects that are coming, including the Page 4 of 10 City Council Meeting Minutes September 6, 2022 I-35 and 135th Street interchange. Ms. Vogt also added that the council needs to be careful so decisions made now will not cause the need for a future council to raise the mill levy. Mayor Bacon asked City Manager to explain a graph showing the projection of the debt service fund decreasing. City Manager, Michael Wilkes, stated the debt service fund was increased on purpose because of projects the city knew they had coming. He added that the graph shows the proposed decreases to the debt service fund over the coming years that will bring the fund balance closer to 30%. Councilmember McCoy stated it is a prudent approach to fund staffing and to invest in the future. Mr. McCoy also noted the city needs reserves to be proactive and not reactive with inflation. He added that he is in support of the current proposed budget. Councilmember Mickelson agreed with Councilmember Gilmore on lowering the mill levy but felt that 1.25 points was not sustainable, and he would not want to see it taken from debt services. Councilmember Felter thanked Councilmember Gilmore for thinking outside the box but stated she was not supportive of using debt services funds to lower the mill levy because staff has shown what the funds are for. Ms. Felter added that she felt the proposed budget that was presented had necessary items in it. Mayor Bacon thanked staff for showing a decrease this year and felt it was best to stay steady to allow for growth that citizens appreciate. Councilmember Gilmore stated after hearing comments from the council that there is not enough support for his proposal. He added if the proposed budget is approved it is telling citizens they need an 8.4% rate increase. Page 5 of 10 City Council Meeting Minutes September 6, 2022 Councilmember Vogt made a motion to approve Ordinance No. 22-45 adopting the City of Olathe 2023 budget as presented, the motion was seconded by Councilmember Felter. Councilmember Mickelson stated he does not feel .25 mill is enough and feels the council should give the citizens more. He added that he would like to see .50 mill decrease at a minimum. Councilmember Essex stated she would like to see a little more relief to citizens and proposed changing the decrease from .25 mill to .50 mill. Councilmember Mickelson made a motion to amend the proposed budget by a total decrease of .50 mill, the motion was seconded by Councilmember Essex. Councilmember Felter asked if the decrease would be out of the general fund. Councilmember Mickelson stated, yes. Mayor Bacon asked City Manager, Michael Wilkes what an additional .25 decrease would be. Mr. Wilkes stated it would be approximately $607,000.00. Multiple councilmembers asked where the cuts would be proposed. Mr. Wilkes stated staff would work to make the cuts, if needed, so they would not impact citizen service delivery. Councilmember Vogt cautioned that with this decrease it will affect future years and she prefers to go year to year and slowly decrease. Councilmember Felter feels the proposed budget has shown the need for the budget presented. Councilmember Mickelson stated the additional decrease proposed would work out to approximately 5% being given back to the community. Page 6 of 10 City Council Meeting Minutes September 6, 2022 Mayor Bacon asked what the proposed amendment would work out to per house. Mr. Page stated for an average home with a value of $331,000.00, it would equate to approximately $1.59 reduction a month. Motion for the proposed amendment fails with the following vote: Yes: Essex, and Mickelson No: McCoy, Vogt, Bacon, Felter, and Gilmore Motion by Vogt, seconded by Felter, to approve Ordinance No. 22-45 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, and Felter No: Mickelson, Gilmore, and Essex D. Consideration of Resolution No. 22-1065 adopting the 2023-2027 Capital Improvement Plan. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1065 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex E. Consideration of Resolution No. 22-1066 establishing a “Comprehensive Listing of Fees and Charges.” Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1066 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 7. NEW CITY COUNCIL BUSINESS Councilmember Essex thanked staff for their hard work on the budget and opening her eyes to everything it involves Councilmember Mickelson thanked staff for working through the budget with them and answering all the questions the Council had. Mr. Mickelson also stated he would like to look at some of the budget policies by the end of 2022. Councilmember Vogt thanked citizens for the input and staff for making sure the Page 7 of 10 City Council Meeting Minutes September 6, 2022 budget is understandable for everyone, council and citizens. Councilmember Gilmore stated he would like to review the debt services policy as soon as possible, look into developing a policy on budget surpluses, and look into the city's approach to the budget and the priorities listed. Councilmember McCoy thanked staff for their hard work on the budget. He also stated the Garmin Air Show was great last weekend. Councilmember Felter stated it is a privilege to serve on the council and that she loves the diversity. She also stated the historical society will be selling Olathe history calendars at the Old Settlers Days. Ms. Felter mentioned an event called operation sticker shock, where students placed information on alcoholic beverages telling adults the ramifications for providing alcohol to minors. City Manager, Michael Wilkes, stated staff will get some discussions lined up on the budget policies. He thanked staff for all their hard work on the budget. Mayor Bacon appreciates staff's work on the budget and that his pledge is to make sure the citizens are receiving a good value for what they are paying. He also mentioned upcoming meetings about road work in North West Olathe. 8. END OF TELEVISED SESSION 9. 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. Claire Reagan, 117673 W 156th Street, spoke in favor of the budget that was passed and spoke about how Olathe citizens are fortunate to have great services. 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. Page 8 of 10 City Council Meeting Minutes September 6, 2022 A. REPORTS 1. Report regarding proposed amendments to Title 17 of the Olathe Municipal Code pertaining to Stormwater Management. Councilmember Gilmore asked if there is any substantive changes to focus on. Deputy City Attorney, Chris Grunewald, stated there were no substantive changes, just changes to the processes. Mayor Bacon asked clarifying questions on the sump pump drains having to be 4' from a property boundary. Mr. Grunewald and Rob Beilfuss, Stormwater Manager, provided answers. Mayor Bacon also asked clarifying questions on the change to have appeals go to the City Manager instead of the Board of Zoning Appeals. Mr. Grunewald provided an explanation to the council. Councilmember Mickelson asked how often an appeal like this happens. Mr. Grunewald stated they do not happen that often. Mayor Bacon asked about the 10 day time frame to file an appeal. It was explained that the time frame is up for discussion and that the 10 days is just to send a notice to request an appeal. accepted 2. Quarterly Procurement Report. accepted 11. ADDITIONAL ITEMS Councilmember Felter wants to make sure the city has the Johnson County Med-Act reductions on the radar and watch timing to make sure it doesn't start to affect the response times. Councilmember McCoy stated the community is looking forward to Old Settlers Days and thanked staff for their hard work on getting it ready. Page 9 of 10 City Council Meeting Minutes September 6, 2022 Councilmember Gilmore stated he had the opportunity to go down Kansas Ave and see the improvements that were made. Councilmember Mickelson agreed with councilmember Felter and asked if there was a way to review the response times by vehicle type. Fire Chief, Jeff DeGraffenreid stated, yes. 12. ADJOURNMENT The meeting was adjourned at 8:48 PM. Eric Strimple Assistant City Clerk Page 10 of 10