City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 20, 2022 | 6:40 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt The City Attorney, Ron Shaver, was also in attendance. 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the second Municipal Judge position. Motion by Gilmore, seconded by Felter, to recess into executive session to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the second Municipal Judge position for 20 minutes and resume the open meeting in the Council Chambers at 7:00 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 Mickelson, to proceed with the strategies discussed with and directed by the Governing Body. The motion carried with the following vote: 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. 22-1067 appointing a member to the Board of Housing Commissioners. Page 1 of 6 City Council Meeting Minutes September 20, 2022 Mayor Bacon introduced Corey Stoltz, Vice Chair of the Board of Housing Commissioners. Ms. Stoltz introduced Tim DeWeese and Mayor Bacon presented him with a certificate of appointment. Mr. DeWeese expressed his gratitude for all the City of Olathe does for residents and said he is grateful to serve the community. Motion by Gilmore, seconded by Felter, to approve Resolution No. 22-1067. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, Felter, and Essex Absent: Vogt B. Presentation of the Mayor’s Cup. Mayor Bacon presented the Mayor's Cup to Garmin Associate Manager, Amy Regan. Ms. Regan thanked the Mayor for the recognition. C. Presentation of the Kansas Juvenile Officers Association Award for Valor to Officer Eric Clark. Mayor Bacon introduced Officer Philip Lofflin with the Kansas Juvenile Officers Association. Officer Lofflin present Officer Erik Clark with an award for valor in recognition of his actions at Olathe East High School. 7. CONSENT AGENDA Motion by Gilmore, seconded by Felter, to approve the consent agenda. 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 September 6, 2022. Approved B. Consideration of a renewal drinking establishment application for O-Nutz LLC, d/b/a The Peanut. Approved C. Request for the acceptance of the dedication of land for public easements for a final plat of Chamber District (FP22-0032), containing two (2) lots on approximately 2.94 acres; located north of Santa Fe and west of Kansas Avenue. Planning Commission approved 8 to 0. Approved Page 2 of 6 City Council Meeting Minutes September 20, 2022 D. Consideration of Consent Calendar. Approved E. Consideration of bid and award of contract to Mayer Specialty Services, LLC, for construction of the Stagecoach and Sleepy Hollow Stormwater Improvements Project, PN 2-C-011-20. Approved 8. NEW CITY COUNCIL BUSINESS Councilmember Essex encouraged citizens to participate in the Parks and Rec Master Plan survey. Councilmember Mickelson congratulated Officer Clark and thanked the Police Department for all they do for the community. Councilmember McCoy said he thought Old Settlers was great and thanked city staff for all they did in preparing for the event. Councilmember Felter welcomed Tim DeWeese as a member of the Board of Housing Commissioners. She congratulated Officer Clark on his award. Ms. Felter mentioned the Wastewater team for awards they have recently received. She also welcomed the new Army recruiting office that has recently opened in Olathe. She gave a shout out to the Special Olympics for their winning float in the Old Settlers Parade. Ms.Felter shared about the cemetery tours and encouraged citizens to get their tickets. She congratulated the fire recruits on their graduation and mentioned that the Citizens Police Academy is currently underway. She reminded citizens that 143rd and Pflumm would be experiencing partial closures for road construction. Lastly, Ms. Felter asked staff to provide an update to the Council on the Bird Scooters in downtown Olathe. Mayor Bacon mentioned the Parks and Rec Master Plan survey. He also congratulated City Clerk, Brenda Swearingian, on achieving her Master Municipal Clerk certification from the International Institute of Municipal Clerks Association. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Page 3 of 6 City Council Meeting Minutes September 20, 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. 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 a proposed ordinance granting a contract franchise to Google Fiber Kansas, LLC, to construct, operate, and maintain communications service facilities in the City of Olathe. Councilmember Gilmore asked for an overview of this report. City Attorney Ron Shaver gave a short explanation of the proposed franchise fees. Councilmember McCoy asked about the revenue stream. Assistant City Attorney, Bob Gallimore, said they were projecting a return to similar amounts received in 2018 and 2019. Councilmemebr McCoy asked how the City knows what the amount should be and Mr. Gallimore said the City has the ability to ask for an audit. Mr. McCoy asked how often the City receives a payment and Mr. Gallimore said it is quarterly and it went into the general fund. Mr. McCoy said he would be interested in an update in 6 months. Mr. Gallimore explained various differences in the services provided. Mayor Bacon asked about the limitations the State places on collecting fees and Tim Danneberg, External Affairs and Issues Management Director, reminded the Mayor of the Page 4 of 6 City Council Meeting Minutes September 20, 2022 changes that were made a few years back. Councilmember Gilmore asked if the City receives the funds directly and Mr. Gallimore said yes. He said it all depends on the services the customers use. Mayor Bacon asked questions about the changes in technology moving away from cable and how the franchise fees are affected. Mr. Gallimore said there are some things the City can do under a master agreement instead of franchise fees. Mr. Shaver said the industry is changing rapidly. B. DISCUSSION ITEMS 1. Police Department Update. Police Chief, Mike Butaud, gave a presentation regarding the current department activities. Mayor Bacon thanked Chief Butaud for a great presentation. Councilmember Felter thanked the chief for the presentation and asked questions about current trends. She asked if the Council could receive a copy of the video that was shared. Councilmember Gilmore thanked the police department for all they do. He said he believed they needed to look for creative ways to fill the current vacancies. Councilmember McCoy said the police department is always available when they are needed. 12. ADDITIONAL ITEMS Councilmember Mickelson said he was concerned about the newly designed intersections on Old 56 and also the 119th street bridge. He noted that he had witnessed drivers not understanding the new configuration. Nate Baldwin, City Engineer, thanked him for bringing this to their attention and said they would provide more education and signage. Page 5 of 6 City Council Meeting Minutes September 20, 2022 Councilmember Essex thanked the Olathe police department for all they do. 13. ADJOURNMENT The meeting was adjourned at 8:14 PM. Brenda D. Swearingian City Clerk Page 6 of 6