City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 6, 2022 | 6:00 PM 1. CALL TO ORDER Present: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. EXECUTIVE SESSION A. Consideration of motion to recess into an executive session for consultation with the City’s attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A. 75-4319(b)(2), and to discuss data relating to financial affairs or trade secrets of a corporation pursuant to the exception provided in K.S.A. 75-4319(b)(4), regarding certain applications for special use permits (SU19-0008 and SU19-0009). Motion by Gilmore, seconded by Vogt, to recess into an executive session for consultation with the City’s attorneys which would be deemed privileged in the attorney-client relationship pursuant to the exception provided in K.S.A. 75-4319(b)(2), and to discuss data relating to financial affairs or trade secrets of a corporation pursuant to the exception provided in K.S.A. 75-4319(b)(4), regarding certain applications for special use permits (SU19-0008 and SU19-0009) for 55 minutes and the open meeting will resume in the City Hall chambers at 6:55 PM. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 3. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to authorize staff to proceed with the strategies discussed with and directed by the Governing Body. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 4. BEGIN TELEVISED SESSION – 7:00 P. M. Page 1 of 13 City Council Meeting Minutes December 6, 2022 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 22-1084 appointing and reappointing members to the Parks and Recreation Leadership Board and Board of Trustees of the Olathe Parks and Recreation Foundation. Mayor Bacon invited Parks and Recreation Leadership Board Chair, Greg Foss to introduce the new and reappointed members. Mayor Bacon presented certificates to the new and reappointed members. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1084. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson B. Consideration of Resolution No. 22-1085 appointing and reappointing members to the Olathe Historic Preservation Board. Mayor Bacon invited The Olathe Historic Preservation Board staff liaison, Senior Planner, Emily Carillo to introduce Bob Courtney, chairman of the Olathe Historic Preservation Board. Mr. Courtney introduced the new and reappointed members to the board. Mayor Bacon presented a certificate to each of the new and reappointed members. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1085. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 7. PUBLIC HEARINGS 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. 22-1086 for an IRB Page 2 of 13 City Council Meeting Minutes December 6, 2022 amount increase request by BCB Holdings LLC expressing intent to issue industrial revenue bonds and tax phase-in for the development and construction of buildings totaling 385,000 square feet for industrial uses in the Southpark Olathe Industrial Phase II area development. Business Analyst, Josh Rueshhoff, provided a presentation to the council. Mayor Bacon opened the public hearing. No public spoke on the item. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1086. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson B. Consideration of Ordinance No. 22-59 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $30,000,000 to BCB Holdings, LLC, Series 2022, for the construction of three industrial buildings totaling 385,000 sq. ft. located at the northwest corner of Fountain Drive and Frontier Lane in the Southpark Olathe Industrial Phase II area development. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-59. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson C. Public Hearing and consideration of Resolution No. 22-1087 for a request by ABF Freight System, Inc. expressing intent to issue industrial revenue bonds and tax phase-in for construction of a 28,330 square foot warehouse and distribution facility on 7 acres at the Olathe Commerce Park on Pine and Dennis. Business Analyst, Josh Rueshhoff, provided a presentation to the council. Mayor Bacon opened the public hearing. No public spoke on the item. Motion by Gilmore, seconded by Vogt, to close the public hearing. The Page 3 of 13 City Council Meeting Minutes December 6, 2022 motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1087. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson D. Public Hearing and consideration of Resolution No. 22-1088 for a request by BPG Olathe 1, LLC expressing intent to issue industrial revenue bonds and tax phase-in for the construction of a 140,490 square foot industrial facility under a master resolution at the northeast corner of 159th Street and Lone Elm Road. Business Analyst, Josh Rueshhoff, provided a presentation to the council. Mayor Bacon opened the public hearing. No public spoke on the item. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1088. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 8. CONSENT AGENDA Mayor Bacon asked for Item J to be pulled and considered separately. Councilmember McCoy asked for items E, U, and Y to be pulled and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda, with the exception of items E, J, U and Y. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Page 4 of 13 City Council Meeting Minutes December 6, 2022 A. Consideration of approval of the City Council meeting minutes for the November 15, 2022 meeting and November 29, 2022 Joint Planning Commission and City Council meeting. Approved B. Consideration of cereal malt beverage applications for calendar year 2023. Approved C. Consideration of renewal drinking establishment applications. Approved D. Consideration of Resolution No. 22-1092 determining the advisability of making certain internal improvements within the City pursuant to K.S.A. 12-6a01 et seq., including the construction of Monticello Road from 167th Street to Erickson Street, and related public improvements. Approved E. Consideration of the property and casualty insurance programs for 2023. Councilmember McCoy asked about the omission of cyber security insurance with this renewal. Deputy City Attorney, Chris Grunewald, stated that the city's cyber security insurance was on a different renewal schedule and would be renewed in March. Motion by Gilmore, seconded by Vogt, to approve item E as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson F. Consideration of policy renewal with Midwest Employers to provide excess workers compensation insurance for the self-funded City workers compensation program. Approved G. Consideration of Resolution No. 22-1089 approving an assignment and assumption of Redevelopment Agreement (Heritage Crossing Retail Center) from KC Road Partners, LP to Diamond Jubilee Investments, LLC. Approved H. Consideration of Amendment No. 1 to the Maintenance, Management and Use Agreement for the Johnson County Square and Adjoining Outdoor Recreational Space for Public Special Events between the City of Olathe and Johnson County. Page 5 of 13 City Council Meeting Minutes December 6, 2022 Approved I. Consideration and approval to withdraw money from the Olathe Community Fund for public art. Approved J. Consideration of Resolution No. 22-1090, SU19-0008, requesting approval of a renewal of a special use permit for a quarry operation on approximately 244 acres; located at 23775 W. 159th Street. Planning Commission recommends approval 8-1. Mayor Bacon stated he pulled item J because there has been some interest on the item. Randy Kriesel, 24120 W 167th Street, spoke about the need to look at the proposed setbacks in the Special Use Permit. Pete Heavan, 6210 College Blvd, spoke on behalf of HAMM quarries on the setbacks. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1090 regarding SU19-0008 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson K. Consideration of Resolution No. 22-1091, SU19-0009, requesting approval of a renewal of a special use permit for a quarry operation on approximately 193 acres; located at 1600 W. 151st Street. Planning Commission recommends approval 9-0. Approved L. Consideration of Consent Calendar. Approved M. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Phoenix Concrete, LLC, for construction of the 2022 Sidewalk Construction Project, PN 3-C-072-22. Approved N. Consideration of a Professional Services Agreement with Hydromax USA, LLC for inspection and cleaning services for the CCTV and Clean of Trunk Sewer Mains Project, PN 1-C-005-22. Approved O. Consideration of Agreement No. 262-22 with the Kansas Department of Transportation (KDOT) for funding the construction of the of the 167th and Ridgeview Geometric Improvements Project, PN 3-C-018-22. Page 6 of 13 City Council Meeting Minutes December 6, 2022 Approved P. Consideration of Supplemental Agreement No. 1 with George Butler Associates, Inc. for design of the Santa Fe Street Arterial Mill and Overlay Project, PN 3-P-006-23, and the 119th Street Improvements Project, PN 3-P-007-23. Approved Q. Consideration of an Agreement with Midtown Signs LLC for the construction of a monument sign in Civic Center Park. Approved R. Consideration of an Agreement with GLMV Architecture, Inc. for site evaluation services for the Future Fire Stations Land Procurement project, PN 7-C-041-22. Approved S. Consideration of renewal of contract to Custom Lighting Services, LLC. dba Black and McDonald and Mark One Electric for electrical lighting maintenance for Infrastructure. Approved T. Consideration of an Agreement with Leopold Gallery, LLC for design, creation, and installation of commissioned art pieces for the Downtown Library project, PN 6-C-020-20. Approved U. Consideration of the purchase of Glock Handgun Weapon System to replace current handgun weapon system for the Police Department. Councilmember McCoy asked how long firearms last and if there were any differences between the current guns and new ones. Police Chief, Mike Butaud, stated firearms last between 5-7 years, but they are most interested in the new sighting system that comes on the new firearms. Motion by Gilmore, seconded by Vogt, to approve item U as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson V. Consideration of awarding a 5-year agreement to AXON™ Enterprise, Inc. for replacement of in-car video, body camera video, and the Taser electronic compliance device for the Police Department. Approved W. Consideration of award of contract to Jerry Ingram Fire & Rescue for the purchase of Structural Firefighting Personal Protective Equipment Page 7 of 13 City Council Meeting Minutes December 6, 2022 (PPE) for the Fire Department. Approved X. Consideration of an Agreement with EPR Systems USA, Inc. for implementation of records management system for the Fire Department. Approved Y. Consideration of approval for an updated Interlocal Cooperation Agreement between the Olathe Public Library and the Johnson County Library for automated circulation, customer, and bibliographic services. Councilmember McCoy stated that the Interlocal Agreement fee for E-books is based on population, with Olathe having a 23% share in the cost. McCoy asked if they felt the percentage would go up with the increase in the population. Library System Officer, Bob Miller, stated the percentage is expected to stay pretty consistent because like Olathe, other municipalities in Johnson County are seeing growth as well, keeping the percentage fairly balanced. Motion by Gilmore, seconded by Vogt, to approve item Y as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Z. Consideration of the 2023 Alcohol Tax Fund Allocations. Approved AA. Consideration of the 2023 Human Service Fund Allocations. Approved 9. NEW BUSINESS A. Consideration of Ordinance No. 22-60, RZ22-0010, requesting approval for a rezoning from the CP-O (Planned Office Building) District to the R-1 (Residential Single-Family) District and a preliminary plat for OSOS Manor, containing two (2) lots on approximately 1.07 acres; located at the northeast corner of W. Santa Fe and N. Olathe View Road. Planning Commission recommends approval 9 to 0. Mayor Bacon had concerns with the proposed driveway on Santa Fe Street and asked if it could accommodate a C driveway. Planner II, Zachary Moore, stated that the lot may be too small for a C driveway, but staff could work with the applicant to see if a Page 8 of 13 City Council Meeting Minutes December 6, 2022 hammerhead driveway would be possible. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-60 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson B. Consideration of Ordinance No. 22-61, RZ22-0012, requesting approval of a rezoning from the CP-2 (Planned General Business) District to the M-2 (General Industrial) District and a preliminary site development plan for Contractor’s Garage VIII on approximately 2.28 acres; located at 2107 E. Kansas City Road. Planning Commission recommends approval 8-1. Planner II, Zachary Moore, provided a brief presentation to the council on the item. Councilmember Vogt asked about the office aspect of the project, how many outdoor parking spots there would be and if there were any traffic concerns with access being on Kansas City Rd. Mr. Moore stated there would not be an office space, but there would be a space for a desk to do paperwork at. He added there would be 13 outdoor parking spots on the site and that the traffic department had no concerns when they reviewed the plan. Ms. Vogt asked what the view will be from I-35. Mr. Moore stated there will be limited view, with trees on the east side as well as the train tracks to the east of the property. Councilmember McCoy asked if there would be a fence on the north side. Mr. Moore stated, no. Mayor Bacon stated the request is to change to M-2 district which matches the area. Mr. Moore stated, yes, it was in line with the neighboring properties. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-61 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Page 9 of 13 City Council Meeting Minutes December 6, 2022 C. Consideration of Ordinance No. 22-62 calling for an April 25, 2023 election in the City for the purpose of voting on a proposition to authorize the City to renew a three-eighths of one percent special purpose citywide retailers’ sales tax to be used to repair, rebuild, and rehabilitate the streets in Olathe. Director of Infrastructure, Mary Jaegar, provided a presentation on the election for the proposed renewal of the Street Maintenance and Parks Sales Taxes. Councilmember Vogt asked if these would be by mail in ballot. Ms. Jaegar stated, yes. Mayor Bacon asked when funding for the election would be voted on. Ms. Jaeger said that would come to the council in January. Mayor asked if a list of proposed projects would be provided. Ms. Jaeger said a list would be provided in the first quarter. Councilmember Gilmore wanted to note that by doing both on one ballot the city would be saving approximately $325,000.00. Mayor Bacon noted that revisions to Ordinance No. 22-62 were made, but there were no substantive changes to the ordinance. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-62 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson D. Consideration of Ordinance No. 22-63 calling for an April 25, 2023 election in the City for the purpose of voting on a proposition to authorize the City to levy a one-eighth of one percent special purpose citywide retailers’ sales tax to be used to repair, restore, improve, and acquire public parks, trails, and recreation areas in the City and to enhance library services. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-63 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson E. Consideration of Ordinance No. 22-64 amending Chapter 15.04 of the Olathe Municipal Code pertaining to the Residential Code for One- and Two-Family Dwellings to require under-stairway protection. Page 10 of 13 City Council Meeting Minutes December 6, 2022 Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-64 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 10. NEW CITY COUNCIL BUSINESS Councilmember Vogt thanked staff for all the hard work in 2022 and wished everyone a Merry Christmas and Happy New Year. Councilmember Gilmore stated he, along with Mayor Bacon attended the United Community Services Awards breakfast, where they heard Olathe mentioned many times and he wanted to congratulate the award winners. Councilmember McCoy thanked the Parks and Recreation staff for the hard work to get the park ready for the Mayor's tree lighting. He added that it was a well attended event and everyone had fun. Councilmember Felter congratulated the finance department on their Triple Crown Award from GFOA. She congratulated the UCS 2022 Excellence and Community Service Award recipients. She noted that Civic Academy applications are being accepted through December 31st. Mayor Bacon stated the lighting ceremony was amazing and the lights will be on through the first week in January. He also thanked the Olathe Community Prayer Breakfast Committee for donating $7500.00 to the Mayor's Children's Fund. 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. No public requested to speak. 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. Page 11 of 13 City Council Meeting Minutes December 6, 2022 A. DISCUSSION ITEMS 1. Fire Department Update. Fire Chief, Jeff DeGraffenreid, provided a presentation and update on the Fire Department. Mayor Bacon thanked the Fire Department for their hard work and appreciates all they do. Councilmember McCoy asked, with the Fire Department being in the 1/10th of 1 percent of top fire departments, how does compensation line up to other departments that could take them away. Chief DeGraffenreid spoke on compensation. Councilmember Felter asked questions on attracting and retaining good firefighters, challenges the fire department are seeing, and AEDs in the community. Chief DeGraffenreid provided answers to all the questions. Councilmember Gilmore thanked the fire department for all they do and asked for more details on the public safety program. Chief DeGrafenreid provided more details on how the program is going. Councilmember Vogt thanked the leadership and feels the fire department is progressive. Councilmember Essex stated she is grateful for the fire department and noted that in the local region the City of Olathe is #7 in pay. Councilmember Felter asked the process of looking at the pay. City Manager, Michael Wilkes, stated pay is looked at annually. 14. ADDITIONAL ITEMS Councilmember McCoy wished everyone a Merry Christmas. Page 12 of 13 City Council Meeting Minutes December 6, 2022 Councilmember Gilmore asked to receive a history of the cost benefit ratios for historical IRBs when new ones are presented. Councilmember Essex wished everyone a Merry Christmas. City Manager, Michael Wilkes, introduced Nolan Sunderman, Chief Strategy Officer and Michael Summers, Chief Organizational Development Officer, to the council. Mayor Bacon stated the monument sign at 119th Street was redone and looks good, along with new lane markings at I-35 and Santa Fe Street. 15. ADJOURNMENT The meeting was adjourned at 9:02 P.M. Eric Strimple Assistant City Clerk Page 13 of 13