City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | October 4, 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. Mayor Bacon requested to have Consent Item C pulled from the agenda to be considered at a later date. Mayor Bacon asked to add an Ordinance to the agenda, for consideration, under New Business Item B. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing October 9-15, 2022 as Fire Prevention Week. Mayor Bacon presented the proclamation to Chris Curtis, fire instructor and students from Olathe's 21st Century Public Safety Academy at Olathe West. Students thanked the mayor and council for the proclamation. They also provided a few fire safety tips. B. Proclamation recognizing October 2022 as Disability Employment Awareness Month. Mayor Bacon presented the proclamation to Mark Gash, chair of the Persons with Disabilities Advisory Board (PDAB). Mr. Gash thanked the mayor and council for recognizing October as Disability Employment Awareness Month, and provided a brief update on what PDAB is doing in the community including an upcoming job fair. Page 1 of 9 City Council Meeting Minutes October 4, 2022 C. Presentation of Service Award to Gina Ortiz. Mayor Bacon invited Citizens Police Advisory Council Chair, Dennis Vaverka, to introduce Gina Ortiz, who recently retired from the advisory council after 9 years of service. Mr. Vaverka asked for Ms. Ortiz to step forward and spoke about her responsibilities while on the council. Mayor Bacon presented Ms. Ortiz with a service award for her years of service. Ms. Ortiz thanked the Mayor and council for the opportunity to serve on the advisory council. 5. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda as presented excluding item C. 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 September 20, 2022. approved B. Consideration of Resolution No. 22-1068 creating an Opioid Litigation Settlement Fund for the purpose of receiving opioid litigation settlement funds. approved C. Consideration of Resolution No. 22-1069 amending certain provisions of Resolution No. 18-1027 to extend the termination date of the resolution. removed from agenda and not considered. D. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Prairie Farms XIV (FP21-0047) containing 59 lots and four (4) tracts on 23.56 acres; located south of Elm Terrace and west of Hedge Lane. Planning Commission approved this plat 6-0. approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of The Highlands at Cedar Creek (FP22-0033), containing fourteen (14) lots and eight (8) tracts on approximately 16.14 acres; located vicinity of W. Valley Parkway and 110th Terrace. Planning Commission approved plat Page 2 of 9 City Council Meeting Minutes October 4, 2022 6 to 0. approved F. Consideration of Resolution No. 22-1070 (SU22-0003), requesting approval of a special use permit for an Electrical Substation in the AG (Agricultural) District for Evergy Woodland Station on approximately 69.32 acres; located at 10859 S. Woodland Road. Planning Commission recommends approval 8 to 0. approved G. Consideration of Resolution No. 22-1071 (PLN22-0004), requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. approved H. Consideration of Consent Calendar. approved I. Consideration of Resolution No. 22-1072 supporting the City’s application to the Federal Rail Administration (“FRA”) for funds for the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21 (the “Project”). approved J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Legacy Underground Construction, Inc. for construction of the Lake Olathe Water Main Extension Loop Project, PN 4-C-002-15. approved K. Consideration of award of contract to Daupler, Inc. for on-call and after hours answering services for the Infrastructure Department. approved L. Consideration of renewal of contract with Ka-Comm Inc. for the purchase of Emergency Equipment and Emergency Equipment Installation services for the Police Department. approved M. Consideration of contract for the renewal of Level One LLC utility bill printing, mailing, and online bill presenting services. approved N. Consideration of approval of the 2023 Intergovernmental Services Agreement. approved O. Consideration of award of contracts to John A. Marshall Co., Scott Rice Office Works, and Encompas Corporation for the purchase of Furniture, Furnishings and Equipment for the Downtown Library. Page 3 of 9 City Council Meeting Minutes October 4, 2022 approved 6. NEW BUSINESS A. Consideration of Ordinance No. 22-46 approving a Second Amended and Restated Petition for improvement of Hedge Lane from 175th Street to 171st Street and special assessments related thereto, and amending Resolution No. 21-1072 and Ordinance 21-59. Ron Shaver, City Attorney, provided an explanation to the council on what new business items A, B, and Ordinance 22-51, added under item B will achieve. Mr. Shaver added that Heartland Coca-Cola recently purchased approximately 54 acres of land, located at the intersection of 167th and Hedge Lane where they intend to develop the property in phases. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-46 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Resolution No. 22-1073 approving a petition for improvement of Hedge Lane from 171st Street to 167th Street. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1073 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Consideration of Ordinance No. 22-51 approving an Annexation and Development Agreement with Heartland Coca-Cola Bottling Company, LLC. (CAI and supporting documents for Ordinance No. 22-51 are attached to the end of the meeting minutes.) Kevin Shea, Vice President of Sales and Chief Customer Officer of Heartland Coca-Cola provided a brief presentation to the council on the company. Councilmember Felter thanked Heartland Coca-Cola for investing in Olathe. Councilmember McCoy asked how many employees will be at the new facility. Mr. Shea stated there would be approximately 175 employees. Page 4 of 9 City Council Meeting Minutes October 4, 2022 Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-51. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Ordinance No. 22-47 granting a contract franchise to Google Fiber Kansas, LLC, to construct, operate, and maintain communications service facilities in the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-47 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex D. Consideration of Ordinance No. 22-48, RZ22-0008, requesting approval of a rezoning from the CTY RUR District to the M-2 (General Industrial) District and a preliminary site development plan for JDC Olathe - Mackey Farm on approximately 148.97 acres; located at the northwest corner of the intersection of W. 167th Street and US 169 Highway. Planning Commission recommends approval 8-0. Zachary Moore, Planner II, provided a presentation to the council. Councilmember Mickelson asked what the percentage of glass was on the elevation without dock doors. Mr. Moore stated 15-17% will be glass. Councilmember McCoy asked for clarification on traffic flow from the site. Mr. Moore explained the flow from the site. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-48 regarding RZ22-0008, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex E. Consideration of Ordinance No. 22-49 (RZ22-0011), requesting approval of a rezoning from the CTY A (County Agricultural) and BP (Business Park) Districts to the BP (Business Park) District for Cedar Creek Corporate Park Tract 4, containing one (1) tract on approximately 3.86 acres; located at 25488 West Valley Parkway. Planning Commission recommends approval 8 to 0. Jessica Schuller, Senior Planner, provided a presentation to the council. Page 5 of 9 City Council Meeting Minutes October 4, 2022 Applicant, Paul Greeley of Selective Site Consultants, asked for the councils support on the item. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-49 regarding RZ22-0011, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex F. Consideration of Resolution No. 22-1074, SU22-0007, requesting approval of a Special Use Permit for a Telecommunications Facility (Monopole) in the BP (Business Park) District on approximately 3.86 acres; located north of Valley Parkway and west of Bluestem Parkway. Planning Commission recommends approval 7-1-0. Jessica Schuller, Senior Planner, provided a presentation to the council. Mayor Bacon asked if the 30' setback allows for future expansion of K10 highway. Ms. Schuller stated yes, there is a large right-of-way to allow for expansion. Applicant, Paul Greeley of Selective Site Consultants, asked for the councils support on the item. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1074 regarding SU22-0007, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex G. Consideration of Ordinance No. 22-50 approving the delivery of an assignment and assumption of the interest in industrial revenue bonds and authorizing of the City's taxable industrial revenue bonds in an amount not to exceed $138,000,000 to Garmin for the purpose of constructing and renovating the company's warehouse space to office and lab uses. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-50 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 7. NEW CITY COUNCIL BUSINESS Councilmember Felter stated that the 119th and I-35 bridge was red this week Page 6 of 9 City Council Meeting Minutes October 4, 2022 to honor fallen firefighters. She also congratulated the city for being ranked #3 by Fortune's top 25 places to live. Ms. Felter added she had the opportunity to attend the Mahaffie Stage Coach cemetery tour and encouraged people to attend the event next year. Councilmember McCoy stated the city was also selected as a place for its access to health care and the support for people caring for their aging parents. Mr. McCoy also stated he attended a dinner at the Olathe Public Library that was put on by the library foundation, noting it was the best one he had attended. Councilmember Essex reminded people to have a plan at home in the event of a fire and that October is breast cancer awareness month. Mayor Bacon stated the Mayors Children's Fund has started for the year. He noted the upcoming annual fundraiser on November 9th at First Watch. 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. No comments were heard. 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. A. DISCUSSION ITEMS 1. Legal Department Update. City Attorney, Ron Shaver and Municipal Judge, Katie McElhinney, provided a legal department update to the council. Mayor Bacon asked if the city needed a policy outlining when cases would be closed for non-activity. Judge McElhinney stated she felt the 7 year time frame currently was good. Page 7 of 9 City Council Meeting Minutes October 4, 2022 Councilmember Gilmore asked for clarification on the online ticket adjustment portal. Mr. Shaver explained the system. Councilmember Felter asked if the Veterans Court is with Johnson County. Judge McElhinney stated it was and that they see 1-2 at the municipal court that are part of the program. Councilmember McCoy asked for more information on the school supply for fines program. Judge McElhinney explained the program. Councilmember Mickelson asked for Mr. Shaver to explain to the council what happened with the new court software. Mr. Shaver explained to the council that the company could not support the city so the contract was terminated and the city received funds back. Mayor Bacon asked how long the city had been doing the restitution for victims program. Mr. Shaver stated the program has been going for many years and the $63,000.00 received has been for this last year. 11. ADDITIONAL ITEMS Councilmember Vogt wished City Manager, Michael Wilkes, Happy Birthday. Councilmember Gilmore asked if the city could look at the land on the south of Olathe, now that the city knows the Spring Hill agreement is no longer in place, to look at trends for the area. He wants to also look for annexation islands that can cause issues for the city. Ron Shaver, City Attorney, stated that each year the land use map will be presented. He also stated the city has an annexation policy, but it has not been looked recently. Councilmember McCoy stated the Fire Department does more than just fight fires to keep citizens safe and that Olathe is a safe city to live in. He thanked the Fire Department and Police Department for everything they do. 12. ADJOURNMENT The meeting was adjourned at 8:29 PM. Page 8 of 9 City Council Meeting Minutes October 4, 2022 Eric Strimple Assistant City Clerk Page 9 of 9