City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | November 15, 2022 | 7:00 PM Housing Presentation Workshop - City of Governors - 5:30 PM The City Council met at 5:30 PM in the City of Governors conference room for a Housing Presentation Workshop. 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. Councilmember Felter arrived at 7:02 P.M. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution 22-1079 appointing a member to the Olathe Public Art Committee. Mayor Bacon introduced Chelsy Walker, Public Art Committee Chair. Ms. Walker introduced Ron Fredman and Mayor Bacon presented him with a certificate of appointment. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1079. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Proclamation recognizing November 26, 2022 as Small Business Saturday. Mayor Bacon invited Casey Wilhm with the Chamber of Commerce to the podium. Mr. Wilhm introduced the England family, owners of Sylas and Maddy's. Mayor Bacon presented them with the Small Business Saturday proclamation. 5. CONSENT AGENDA Page 1 of 7 City Council Meeting Minutes November 15, 2022 Approval of the Consent Agenda Councilmember Mickelson asked for item E to be removed from the consent agenda and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of item E. The motion carried by the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex A. Consideration of approval of the City Council meeting minutes of November 1, 2022. approved. B. Consideration of a new drinking establishment application for S&S Olathe Pointe, LLC, d/b/a Scissors & Scotch. approved. C. Consideration of renewal drinking establishment applications. approved. D. Consideration of cereal malt beverage applications for calendar year 2023. approved. E. Consideration of Resolution No. 22-1080 adopting the Industrial Revenue Bond and Tax Abatement (IRB) Policy. Councilmember Mickelson asked for this item to be considered separately. He explained he would like to see additional stipulations added to the policy regarding salaries. Motion by Gilmore, seconded by Vogt, to approve item E. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex No: Mickelson F. Consideration of Resolution No. 22-1081 for the assignment and assumption of lease agreements and bond documents from Scannell Properties #542, LLC to Sealy South Green Road, L.L.C. approved. G. Consideration of Resolution No. 22-1082 defining the boundary of the City of Olathe as of December 31, 2022. approved. H. Consideration of Consent Calendar. approved. Page 2 of 7 City Council Meeting Minutes November 15, 2022 I. Consideration of bid and award of project to Westland Construction, Inc. for construction of the DPM Self Storage Pipe Repair Project, PN 2-C-019-22. approved. J. Consideration of award of contract with Dimensional Innovations for the fabrication and installation of an interactive wall at the new Downtown Library. approved. K. Consideration of awarding a contract to Ka-Comm Inc. for Emergency Lighting Equipment for the Police Department. approved. L. Consideration of renewal of contract to Haren & Laughlin Construction Company, Inc. for general carpentry services. approved. M. Consideration of renewal of contract with Five-Star Trucking, LLC for the rental of tandem trucks with operators for the Field Operations Division of Infrastructure. approved. N. Consideration of contract renewal with Wellpoint to provide stop-loss insurance for the self-funded City health and prescription program. approved. 6. NEW BUSINESS A. Consideration of Ordinance No. 22-57, RZ22-0014, requesting approval for a rezoning from the CP-2 (Planned General Business) District to the C-3 (Regional Center) District and a preliminary site development plan for College Point Retail, Lot 2 on approximately 1.43 acres; located at the northeast corner of College Boulevard and Valley Parkway. Planning Commission recommends approval 8-0. A short presentation was given by Zachary Moore, Planner II. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-57. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Resolution No. 22-1083, SU22-0008, requesting approval of a Special Use Permit for Cedar Creek Animal Hospital on approximately 1.43 acres; located northeast of College Boulevard and Valley Parkway. Planning Commission recommends approval 8-0. A short presentation was given by Zachary Moore, Planner II. Page 3 of 7 City Council Meeting Minutes November 15, 2022 Councilmember Felter asked the applicant if they were going to be offering urgent care and boarding options. The applicant, Dr. James Peterson with Cedar Creek Pet Hospital, said they would be offering both. Councilmember Mickelson asked about how many additional staff was expected and Dr. Peterson said they expected to grow from approximately 40 staff members to 55 to 60. Councilmember Mickelson asked staff about the parking and corner access and said he would rather have too much parking than not enough. Mayor Bacon asked about the length of the special use permit and Mr. Moore said it was for 10 years. There was discussion regarding the merits of a 10 year special use vs. a 20 years. It was decided that 10 years was appropriate. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1083. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Ordinance No. 22-58 amending Section 10.01.084 of the Olathe Municipal Code pertaining to Removal of Vehicles. Councilmember Essex asked if the after hours number was just for phone support or if it would allow someone to meet at the lot. Bob Gallimore, Assistant City Attorney, said they would come out to meet someone. Mayor Bacon clarified that the proposed ordinance change would allow for shorter hours but giving a call option to cover that time. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-58. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 7. NEW CITY COUNCIL BUSINESS Page 4 of 7 City Council Meeting Minutes November 15, 2022 Councilmember Mickelson congratulated Sylas and Maddy's on their small business. Councilmember McCoy commented on the many events that he had attended in the past week. He also congratulated Councilmember Essex on winning her election for the State legislature. He shared about the search for a second judge for the Olathe Municipal Court. Councilmember Felter said the Olathe Prayer Breakfast was great and thanked the Olathe Fire Department for the large flag they display each year. She complemented Sylas and Maddy's on being a great employer in Olathe. She congratulated Cedar Creek Pet Hospital on their expansion. Mayor Bacon wished everyone a Happy Thanksgiving and invited everyone to the Mayor's Christmas Tree Lighting on December 2nd. 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. None 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. REPORTS 1. Quarterly Procurement Report. Report accepted. 2. IRB Report on a request by BPG Olathe 1 LLC for a single-phase project under a master resolution for the construction of a 140,490 square foot industrial facility at the northeast corner of 159th Street and Lone Elm Road. Mayor Bacon asked if there were plans for improvements on 159th Street. Page 5 of 7 City Council Meeting Minutes November 15, 2022 Nate Baldwin, City Engineer, said there were no plans in place currently, but it is on their radar for the future. 3. IRB Report on a request by ABF Freight System, Inc. for a single-phase project for the construction of a 28,330 square foot warehouse/distribution facility on seven acres at the Olathe Commerce Park on Pine and Dennis. Councilmember McCoy said he recognized not everyone supports tax incentives, but he thought this was a great success story. Councilmember Vogt said she appreciated the salaries associated with this potential business. Councilmember Mickelson said he agreed with Ms. Vogt's comments and said he didn't want to just see a building built, but wanted to see new businesses support the community. 4. IRB Report to request an IRB amount increase by BCB Olathe Holdings LLC for a single-phase project to construct three buildings totaling 385,000 sq. ft. for industrial uses near the northwest corner of Fountain Drive and Frontier Lane in the Southpark Olathe Industrial Phase II area development. Report accepted. 5. Report on the 2023 Alcohol Tax Fund Allocations. Report accepted. 6. Report on the 2023 Human Service Fund Allocations. Report accepted. 7. Report on Amendments to Chapter 15.04 of the Olathe Municipal Code pertaining to the Residential Code for One- and Two-Family Dwellings to require under-stairway protection. Councilmember Felter asked what additional cost this would bring to a new home. Deputy City Attorney, Chris Grunewald, said they have been collaborating with local builders and would provide that information to the council at a later time. However, he said he thought is was a minimal cost. Councilmember McCoy asked if this would only be required of Page 6 of 7 City Council Meeting Minutes November 15, 2022 new builds and Mr. Grunewald said yes. Mayor Bacon clarified that this was for the staircase to a lower level or basement and Mr. Grunewald said it was. Mayor Bacon asked about how finished it needed to be and Fire Chief, Jeff DeGraffenreid said it did not have to be finished and he estimated the cost to be around $100- $200. B. DISCUSSION ITEMS 1. Discussion of the 2023 State Legislative Program. Tim Danneberg, Director of External Affairs and Issues Management, gave a presentation on the proposed 2023 State Legislative Agenda. Councilmember McCoy asked Mr. Danneberg to provide the Council with the names and contact information of the Olathe legislative delegation. 11. ADDITIONAL ITEMS Councilmember McCoy wished everyone Happy Thanksgiving. Councilmember Mickelson said he wanted to talk to staff regarding an email they had received. Mayor Bacon complimented Police Chief Butad on the great work the previous week. He also wished everyone a Happy Thanksgiving. 12. ADJOURNMENT The meeting was adjourned at 8:08 P.M. Brenda D. Swearingian City Clerk Page 7 of 7