City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 3, 2023 | 6:00 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. 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 Vogt, to recess into an 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 58 minutes, resuming in the City Council chambers at 6:58 PM. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson, and McCoy Councilmembers Mickelson and McCoy joined executive session at 6:01 PM. 3. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to authorize staff to proceed with the hiring process for the 2nd municipal judge position as discussed with and directed by the Governing Body. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 23-1000 appointing a new member to Page 1 of 9 City Council Meeting Minutes January 3, 2023 the Planning Commission. Mayor Bacon invited Planning Commission Chair Wayne Janner to the podium to introduce the new member. Mr. Janner introduced Megan Lynn as the new member of the Planning Commission. Mayor Bacon presented Ms. Lynn with a certificate of appointment. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1000. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Proclamation recognizing January 16, 2023 as Dr. Martin Luther King Jr Day. Mayor Bacon read and presented the proclamation to Jim Terrones, who is the 2nd Vice President of NAACP. Mr. Terrones thanked the council for the recognition and the Proclamation. 7. CONSENT AGENDA The items listed below are considered to be routine by the City Council and may be approved in one motion. These may include items that have been reviewed by the City Council in a prior planning session. There will be no separate discussion unless a Councilmember requests that an item be removed from the consent agenda and considered separately. Mayor Bacon stated item J is for consideration of award of price agreement contracts to Wiedenmann, Inc., Infrastructure Solutions, and Hettinger Excavating, LLC. for on-call lead and galvanized steel water service line repair and replacement services. He added that an earlier version of the agenda inadvertently included a fourth contractor, Beemer Plumbing, LLC, in the title for the item, but they are not actually included in the item for the Council’s consideration. Councilmember Gilmore asked for item I to be pulled and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda, with the exception of item I. The motion carried with the following vote: Page 2 of 9 City Council Meeting Minutes January 3, 2023 Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex A. Consideration of approval of the City Council meeting minutes of December 6, 2022. Approved B. Consideration of cereal malt beverage applications for calendar year 2023. Approved C. Consideration of renewal drinking establishment applications. Approved D. Consideration of a new drinking establishment application. Approved E. Consideration of Resolution No. 23-1001 appointing new members to the Board of Zoning Appeals. Approved F. Request for the acceptance of the dedication of land for public easements for a final plat of Olathe Commerce Park, Third Plat (FP22-0039) containing one (1) lot on approximately 7.92 acres; located north of W. Dennis Avenue and ease of S. Pine Street. Planning Commission approved the plat 5 to 0. Approved G. Consideration of Consent Calendar. Approved H. Consideration of an Agreement with Johnson County for construction of the CMP Replacement and Stormwater Asset Management Project, PN 2-C-004-22, within Watershed 2. Approved I. Consideration of invoices for ductile iron pipe (DIP) from Olathe Winwater Works Co. for the Waterline Rehabilitation Project, PN 5-R-000-23. Councilmember Gilmore asked for the item to be pulled to note that the council was approving a purchase that had already taken place, which is not normal procedure for purchases. Nate Baldwin, City Engineer, stated the reason this was done in this case is the vendor called the city stating they had extra material and offered it at a discounted rate, but the decision had to be made that day. Mr. Baldwin thanked the council for their understanding on the Page 3 of 9 City Council Meeting Minutes January 3, 2023 purchase to save money for materials needed. Motion my Gilmore, seconded by Vogt, to approve item I. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex J. Consideration of award of price agreement contracts to Wiedenmann, Inc., Infrastructure Solutions and Hettinger Excavating, LLC. for on-call lead and galvanized steel water service line repair and replacement services. Approved K. Consideration of renewal of contract with Dr. Lindsey Crawford, DVM for veterinarian services at the Olathe Animal Shelter. Approved 8. NEW BUSINESS A. Consideration of Ordinance No. 23-01, RZ22-0016, requesting approval of a rezoning from the CTY RUR (County Rural) District to the O (Office) District and a preliminary site development plan for OPH Mental Health on approximately 8 acres; located southwest W 153rd Street and OMC Parkway. Planning Commission recommends approval 5 to 0. Action needed: Consider a motion to approve (4 positive votes), deny (5 positive votes required), or return to the Planning Commission. Motion by Gilmore, seconded by Vogt, to approve Ordinance No, 23-01 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 9. NEW CITY COUNCIL BUSINESS Councilmember McCoy thanked first responders and firefighters for all they do in Olathe. Councilmember Felter wished everyone a happy new year. She also thanked the Olathe police and fire departments for all the service they provide to the citizens of Olathe. Mayor Bacon stated the Olathe snow brigade is still looking for volunteers to help remove snow for senior citizens. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Page 4 of 9 City Council Meeting Minutes January 3, 2023 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. George Schlagel, 100 E Park Street S-8, spoke in favor of the city reviewing and updating the UDO on electronic signs. Melissa Porlier, 127 Mulberry St, Foristell, MO, spoke in favor of the city reviewing and updating the UDO on electronic signs. Todd Johnson, 8207 Widmer Rd, Lenexa, KS, spoke in favor of reviewing the food truck ordinance. Michael McDermott, 425 N Rawhide, spoke in favor of the city reviewing and updating the UDO on electronic signs. 12. 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 on a request by AP Multifamily Investors, LLC (The Clearing at Anderson Pointe) to increase the issuance request for industrial revenue bonds and tax phase-in for the construction of 303 multi-family units (255 apts, 48 townhomes) and amenities on four parcels totaling 17.4-acres located at the northwest corner of Black Bob Road and Indian Creek Parkway (the former Indian Creek library site). Councilmember Essex asked questions regarding the original sale of the property and original request for tax phase in and IRB. City Attorney, Ron Shaver, provided clarification to the questions. Councilmember Gilmore asked clarifying questions on the terms of the original sale and confirmed the increase requested would not cost the city additional funds. Page 5 of 9 City Council Meeting Minutes January 3, 2023 City Attorney, Ron Shaver, provided answers to Mr. Gilmore's questions and noted that the increase would not cost the city additional funds. Mayor Bacon along with Councilmember Vogt, provided some history on why the original sale was made and issues that were found on the property that made it hard to get a developer for the site. Report accepted. 2. Report regarding proposed amendments to Chapter 5.30 of the Olathe Municipal Code pertaining to Mobile Food Vendors. Councilmember Mickelson asked if the city has asked for feedback on proposed changes to the UDO. Assistant City Attorney, Bob Gallimore, stated the city worked with the chamber to get feedback from both brick and mortar restaurants and food trucks. Mr. Mickelson asked clarifying questions on the services time frame noted in the proposed changes. Mr. Gallimore provided clarifications. Councilmember Essex asked about the proposed reduction of the 250' radius to 150' radius. Mr. Gallimore explained the reduction. Councilmember Vogt asked questions on the proposed changes that a property owner would be able to do to have a site development plan and asked why the city would want to do that versus a special use permit. Chief Planning and Development Officer, Aimee Nassif, gave examples of how a site development plan was used to give some permanent basis for food trucks, such as Red Crow Brewing. Multiple councilmembers asked questions regarding the 6-hour proposed time frame and felt the time frame was too short and would not allow the trucks to sell for both lunch and dinner at one location in a day. It was suggested to look at 10 Page 6 of 9 City Council Meeting Minutes January 3, 2023 hours, to allow set up and tear down time as well. Councilmember Mickelson asked where trucks could be parked overnight when not in use, if they are asked to move. Mr. Gallimore stated they could park anywhere they have not vended food in the previous 24 hours. Councilmember Gilmore asked if inspections are done on the trucks. Mr. Gallimore stated fire inspections are done if they use grease in the truck. Report accepted. 3. Report on projects and locations included in the 2023 Street Preservation Program, PN 3-P-000-23. Report accepted. 4. Report on the Olathe Private Street Preservation Program Projects completed as part of the 2022 Street Preservation Program. Councilmember Gilmore asked clarifying questions and suggested that a cap be placed on the total amount allocated for the program. Nate Baldwin, City Engineer, provided information requested and noted that a cap of $125K was in place already. Councilmember Vogt thanked staff for the program. Mayor Bacon feels it is a good program to have. Report accepted. 5. Report on the authorization of the annual Capital Improvement Plan Projects. Report accepted. 6. Report on the authorization of the improvements to the Ironwoods Facilities Project, PN 8-C-002-21. Report accepted. 7. Report on authorization of the Parking Garage Repair and Protection Project, PN 6-C-010-23. Mayor Bacon asked if the additional funds are to complete the project. Page 7 of 9 City Council Meeting Minutes January 3, 2023 Deputy Director of Infrastructure, Beth Wright, stated the additional funds should be enough to finish the project. Report accepted. B. DISCUSSION ITEMS 1. Discussion regarding UDO Section 18.50.190 pertaining to Signs. Chief Planning and Development Officer, Aimee Nassif, provided a presentation on the proposed changes. Councilmember Gilmore asked questions on not being able to regulate content. City Attorney, Ron Shaver, provided explanations to his questions. Councilmember Gilmore asked if the city moves forward with changes if it would be through the special use permit process. Ms. Nassif stated the two other municipalities in Johnson County that allow digital boards are done through an SUP. Councilmember Felter stated she is concerned about not regulating content but she is open to the idea of digital boards. Councilmember Vogt asked what the cost would be to convert to digital. Ms. Poelier, Porlier Outdoor Advertising Co., stated the board in question will cost 400K. Councilmember McCoy feels more positives over negatives may come out of the research asked of staff. He added that he feels a 1-year SUP may be too short for return of investment. Mayor Bacon stated he does not like digital signs because of the brightness. he also has questions on how to make the selection of which boards would be able to convert them fairly. Councilmembers would like more information on energy consumption of the signs, how to make the selection on who gets to put a digital board up if a distance restriction is put in place, and information on security software to avoid hacking Page 8 of 9 City Council Meeting Minutes January 3, 2023 along with the amount of hacks that have taken place. Councilmember Mickelson would also like to know if any city approved digital billboards and then changed code to stop allowing future ones and why they did it. 13. ADDITIONAL ITEMS Councilmember McCoy reminded everyone that Dr. Martin Luther King Jr. events are important to support. Councilmembers Gilmore and Vogt wished everyone a happy new year. Councilmember Essex thanked staff for always answering all the questions that are asked of them by the council. City Manager, Michael Wilkes, reminded the council to complete the housing study survey if they have not done so. Mayor Bacon stated the July 4th, 2023 meeting would be cancelled and that the meetings on September 5th and December 19th are tentative at this time. 14. ADJOURNMENT The meeting was adjourned at 9:26 P.M. Eric Strimple Assistant City Clerk Page 9 of 9