City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 17, 2023 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Recognition of Olathe high school student champions. Mayor Bacon presented awards to students from Olathe schools who had outstanding performances in athletics. 5. PUBLIC HEARINGS A. Public hearing and consideration of Resolution No. 23-1002 for a request by AP Multifamily Investors, LLC to increase the issuance request for industrial revenue bonds to $67,573,749 for construction on 17.4 acres at the northwest corner of Black Bob Road and Indian Creek Parkway. Mayor Bacon opened a public hearing and City Attorney Ron Shaver gave a short presentation. Councilmember Mickelson asked how far along is the project and why the developer is just now asking for an increase. Mr. Shaver gave a timeline of events from the beginning of the project. Charlotte O'Hara, 15712 Windser Street, Overland Park, KS, spoke against issuing industrial revenue bonds. Councilmember Felter asked Ms. O'Hara about her past participation in tax incentive programs and Ms. O'Hara indicated she had received tax incentives in the past. Aaron Mesmer with Block Real Estate Services, provided a little more history regarding the project. Page 1 of 9 City Council Meeting Minutes January 17, 2023 Councilmember Mickelson asked about the number of units and who the target market would be. Mr. Mesmer provided additional information for the council. Councilmember Mickelson indicated he was not comfortable with this item and would vote consistent with past votes regarding IRB's. Motion by Gilmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1002. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, and Felter No: Mickelson, and Essex 6. CONSENT AGENDA Councilmembers Mickelson and McCoy asked for item C to be removed and considered separately. Approval of the Consent Agenda Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of item C. 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 January 3, 2023 and January 5, 2023. approved. B. Consideration of cereal malt beverage applications for calendar year 2023. approved. C. Consideration of Resolution No. 23-1003 fixing a time for the owner, her agent, any lienholders of record, and any occupants of the structure located at 16440 W. 139th Street, Olathe, Johnson County, Kansas to appear and show cause why such structure should not be condemned as unsafe or dangerous and ordered repaired or demolished. Councilmember Mickelson asked if the structure was still considered a fire hazard. Page 2 of 9 City Council Meeting Minutes January 17, 2023 Barry Walthall, Chief Building Official, said the structure was considered a fire hazard since it was open to the elements and contained combustible material. Councilmember Mickelson asked about vandalism and the urgency to remove the structure. Mr. Walthall said the City had erected a fence and it appeared to still be in place. He also said due to the length of time since the home had burned it needed to be demolished and a redevelopment plan established. Councilmember McCoy asked what the estimated cost to the City would be and Mr. Walthall said the estimate is approximately $30,000 and would eventually be recouped when the lot sold. Deputy City Attorney, Chris Grunewald, provided some additional information about the property, the owner and the insurance on the structure. He indicated the City had limited options on moving forward and this was simply the first step in the process. He also said staff expected the property to sell at market rate once the demolition was completed. Mayor Bacon asked if the cause of the fire was known and Mark Wassom, Assistant Fire Chief, said the report had been completed in 2021 and it had been an electrical fire. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1003. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex D. Consideration of Resolution No. 23-1004 authorizing various improvements to the Water and Sewer System of the City and setting forth the intent to issue Water and Sewer Revenue Bonds. approved. E. Consideration of Consent Calendar. Page 3 of 9 City Council Meeting Minutes January 17, 2023 approved. F. Consideration of Change Order No. 3 to the contract with VF Anderson Builders, LLC for construction of the Pflumm Road, 143rd Street to 151st Street, Improvements Project, PN 3-C-114-20. approved. G. Consideration of Resolution No. 23-1005 authorizing the 2023 Miscellaneous ADA Sidewalk Repair and Replacement Project, PN 3-C-093-23. approved. H. Consideration of Resolution No. 23-1006 authorizing the 2023 Advanced Transportation Management System (ATMS) Replacement and Repair Project, PN 3-C-037-23. approved. I. Consideration of Resolution No. 23-1007 authorizing the 2023 Structures Repair Project, PN 3-G-000-23. approved. J. Consideration of Resolution No. 23-1008 authorizing the 2023 Sidewalk Construction Project, PN 3-C-072-23. approved. K. Consideration of Resolution No. 23-1009 authorizing the 2023 Traffic Signals Project, PN 3-TS-000-23. approved. L. Consideration of Resolution No. 23-1010 authorizing the 2023 Streetlight LED Conversion Project, PN 3-C-009-23. approved. M. Consideration of Resolution No. 23-1011 authorizing the 2023 Digital Network Reliability Project, PN 7-C-006-23. approved. N. Consideration of Resolution No. 23-1012 authorizing the 2023 Facility & Parking Lot Improvements & Maintenance Project, PN 6-C-032-23. approved. O. Consideration of Resolution No. 23-1013 authorizing the Ironwoods Facilities Project, PN 8-C-002-21. approved. P. Consideration of Resolution No. 23-1014 authorizing the Parking Garage Repair and Protection Project, PN 6-C-010-23. approved. Q. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of Cedar Creek Page 4 of 9 City Council Meeting Minutes January 17, 2023 Parkway, North of College, Benefit District Project, PN 3-B-099-21. approved. R. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of Lone Elm Road, Old 56 Highway to 151st Street, Phase 3 (151st Street Roadway Connection), PN 3-C-084-17. approved. S. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Infrastructure Solutions, LLC, for construction of the Cedar Creek Low Pressure Force Main, Phase 1, Project, PN 1-C-003-22. approved. T. Consideration of a Professional Services Agreement with George Butler Associates, Inc. for the 2023 Biennial Bridge Inspection Project, PN 3-G-200-23. approved. 7. NEW BUSINESS A. Consideration of Ordinance No. 23-02 amending Chapter 5.30 of the Olathe Municipal Code pertaining to Mobile Food Vendors. Councilmember Mickelson thanked staff for listening to their recommendations and making appropriate changes. Councilmember McCoy asked if the time a mobile food vendor could remain in one location had been moved to 10 hours. Assistant City Attorney, Bob Gallimore, confirmed that was correct. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-02. The motion carried by the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 23-03 amending Section 6.06.030 of the Olathe Municipal Code pertaining to the Definition of Commercial Vehicle. Councilmember Felter thanked staff for clarifying this ordinance. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-03. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Page 5 of 9 City Council Meeting Minutes January 17, 2023 Councilmember Essex congratulated the City of Champion students. She also mentioned the MLK event she attend on Sunday was great. Councilmember Vogt thanked Public Works and said there is lots being planned for 2023. Councilmember McCoy said the MLK event at Olathe Northwest was inspiring. Councilmember Felter encouraged citizens to participate in the Library Master Plan survey. She congratulated City engineers on a recent award. She thanked the Olathe police and fire departments for the work they do in the community. She also thanked the Olathe Human Relations Commission for their part of the MLK celebration. Mayor Bacon invited local teens to participate in a town hall forum hosted by the Citizens Police Advisory Council. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS 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 on a request by Sunflower Olathe 1, LLC for issuance of industrial revenue bonds for construction of a 21,000 square foot office and medical facility on two parcels totaling 0.48 acres located near the northwest corner of Santa Fe and Kansas Avenue. Councilmember Mickelson had some questions about the intended tenants for this facility. Josh Rueschhoff, Business Analyst, said the exact tenant had not been determined. Councilomember Mickelson asked if the 100% abatement was Page 6 of 9 City Council Meeting Minutes January 17, 2023 determined due to the property being located in the downtown area and Mr. Rueschhoff said that was the case. Mayor Bacon mentioned that the medical tenant would not be who actually owned the building. Councilmember McCoy said he thought it might be a good location for a medical facility since there are new residents downtown. Councilmember Gilmore asked why the cost/benefit ratio was below standard and Mr. Rueschhoff said it was because it was located in the downtown area. B. DISCUSSION ITEMS 1. Discussion on the 2040 Trails and Greenways Guiding Plan, PN 4-C-120-21. Quality of Life Director, Mike Sirna, introduced Charlie Cowell, Urban Planner with RDG Planning and Design. Mr. Cowell gave a presentation and overview of the 2040 Trails and Greenways Guiding Plan. Councilmembers asked clarifying questions about the maps presented with the proposed trails and what criteria was used to determine where the trails would be placed. Mr. Cowell said they had studied other plans and also considered future development when making decisions. He also said many areas could be labeled either medium or low priority depending on the timing of the development. Councilmembers also discussed the connectivity to surrounding communities and how to capitalize on available funding. Therese Vink, Assistant City Engineer, said they would continue to look for opportunities to collaborate with other organizations. Page 7 of 9 City Council Meeting Minutes January 17, 2023 Councilmembers suggested the use of heat maps to gather data on the use of the trails. Mr. Sirna also gave a short update on the Parks and Rec Master Plan. 12. ADDITIONAL ITEMS Councilmember Felter cheered on the Chiefs in their upcoming game. Councilmember Gilmore said he was inspired by the gymnasts who had been recognized. 13. 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 20 minutes, and reconvening in the council chamber at 9:03 P.M. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 14. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to to authorize staff to finalize and the Mayor to execute a contract with Jill Kinney 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 15. ADJOURNMENT The meeting was adjourned at 9:04 P.M. Brenda D. Swearingian Page 8 of 9 City Council Meeting Minutes January 17, 2023 City Clerk Page 9 of 9