City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | March 21, 2023 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Others in attendance were Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE Scout Troops 201 and 6201 were observing council meeting and Mayor Bacon asked them to lead the Pledge of Allegiance. 4. SPECIAL BUSINESS A. Presentation of AAA Traffic Safety Award to the Olathe Police Department. Bob Hamilton with the Kansas Department of Transportation presented the Traffic Safety Platinum award to the Olathe Police Department. Sgt. Logan Bonney accepted the award on behalf of the department. B. Presentation by Beau Boisvert, Johnson County Appraiser, regarding the 2023 Revaluation Report. Johnson County Appraiser, Beau Boisvert, gave a presentation of this year's property revaluations. Mayor Bacon asked about the appeal process and Mr. Boisvert explained. Councilmember Vogt asked about the data regarding multifamily housing and Mr. Boisvert said that it is related to cost of single family dwellings. Councilmember Gilmore asked what the percentage of appeals got Page 1 of 11 City Council Meeting Minutes March 21, 2023 a reduction and Mr. Boisvert said 50% are given some kind of reduction. Councilmember McCoy asked about the vacancy rates of multifamily housing and Mr. Boisvert said the occupancy rate is approximately 92%. 5. PUBLIC HEARING A. Public Hearing and Consideration of Resolution No. 23-1021 on a request by 1918, LLC for an issuance request for industrial revenue bonds and tax phase-in for the construction of a 320,000 square foot beef processing and packaging production facility on approximately 60 acres of a 138 acre site located near the northwest corner of 167th Street & 169 Highways. Jamie Robichaud, Director of Economy, gave a presentation regarding this project. Councilmember Essex asked questions about the odors and pollution produced by the plant. Ross Benitz, the representative for 1918, LLC, explained that there would be no live cattle at this location and the sides of beef would be trucked in for packaging. Ms. Essex asked about additional traffic. Mr. Benitz said traffic concerns would be addressed through the Planning process and they would find solutions to benefit everyone. Councilmember McCoy asked about sales generated at the facility and Mr. Benitz said approximately 500 million over a 10 year period. Mayor Bacon asked clarifying questions about the final packaging and Mr. Benitz explained more. Matt Rohr, 21797 W 177th Street, spoke in opposition of the project. Mayor Bacon asked about the water usage and Nate Baldwin, City Engineer, said they are working through that process and finalizing Page 2 of 11 City Council Meeting Minutes March 21, 2023 the numbers. 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 Councilmember Vogt said she thought there were great opportunities but also questioned the hourly wage. Mr. Benitz said his clients were conservative in their application, but would be doing a market analysis and anticipated the wages to be higher. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1021. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 6. CONSENT AGENDA Approval of the Consent Agenda Councilmember Felter asked for item H to be removed from the consent agenda and considered separately. Councilmember McCoy asked for item O to be removed from the consent agenda and considered separately. Councilmember Vogt asked for item T to be removed from the consent agenda and considered separately. Motion by Council Member Gilmore, seconded by Council Member Vogt, to approve the Consent Agenda with the exception of items H, O and T. 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 March 7, 2023. approved. B. Consideration of a renewal drinking establishment application. approved. C. Consideration of pawnbroker/precious metal dealer renewal license application. Page 3 of 11 City Council Meeting Minutes March 21, 2023 approved. D. This is a request for the acceptance of the dedication of land for public easements for a final plat of Greenwood Townhomes First Plat (FP23-0003) containing two (2) lots and three (3) tracts on approximately 7.33 acres; located west of Greenwood Street and 113th Street. Planning Commission approved the plat 7-0. approved. E. Consideration of Consent Calendar. approved. F. Consideration of Resolution No. 23-1022 authorizing the Black Bob Road, 153rd Terrace to 159th Street, Improvements Project, PN 3-C-041-23. approved. G. Consideration of a Professional Services Agreement with Olsson, Inc. for the design of the Black Bob Road, 153rd Terrace to 159th Street, Improvements Project, PN 3-C-041-23. approved. H. Consideration of Resolution No. 23-1023 authorizing the BNSF East Track Quiet Zone Engineering Project, PN 3-C-038-23. Councilmember Felter asked for this item to be removed and be considered separately to highlight this project. Nate Baldwin, City Engineer, provided a short overview of the proposed quiet zone. Councilmember Mickelson asked for clarification on when a train would blow their horn and Mr. Baldwin gave some examples of when a train might still blow it's horn. Motion by Gilmore, seconded by Vogt, to approve item H. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex I. Consideration of a Professional Services Agreement with TranSystems Corporation for the design of the BNSF East Track Quiet Zone Engineering Project, PN 3-C-038-23. approved. J. Consideration of Resolution No. 23-1024 authorizing the 2024 Street Reconstruction Program, 3-R-000-24. approved. Page 4 of 11 City Council Meeting Minutes March 21, 2023 K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the Strang Line Road Arterial Mill and Overlay Project, PN 3-P-002-23, and the Renner Boulevard Arterial Mill and Overlay Project, PN 3-P-003-23. approved. L. Consideration of Engineer’s Estimate, acceptance of bids, and award of contract to McAnany Construction, Inc. for construction of the Clare Road, College Boulevard to 106th Terrace, Streets Improvement Project, PN 3-B-065-21. approved. M. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Freeman Concrete Construction, LLC for construction of the Black Bob Road Arterial Mill and Overlay Project, PN 3-P-001-23. approved. N. Consideration of a Professional Services Agreement with Allgeier, Martin and Associates, Inc. for design of the Lift Station Replacements Project, PN 1-C-020-15. approved. O. Consideration of Professional Services Agreement with CDM Smith Inc. for design of the Biosolids Compost Improvements Project, PN 1-C-012-23. Councilmember McCoy asked for item O to be removed and considered separately for clarification. He wanted to know why the City was needing to make a change from the current process. Nate Baldwin, City Engineer, said that the tipping fees are increasing and they felt it was important to begin looking at additional ways to manage waste. Motion by Gilmore, seconded by Vogt, to approve item O. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex P. Consideration of acceptance of proposal and award of contract to JCI Industries, Inc. for the replacement of the final tank mechanisms at the Harold Street Wastewater Facility. approved. Q. Consideration of award of contract to JCI Industries, Inc. for mixer and pump repair, service, and purchase for the Environmental Services division of Infrastructure. approved. Page 5 of 11 City Council Meeting Minutes March 21, 2023 R. Consideration of an agreement with Midwest Alarm Services for Lenel building security systems and services. approved. S. Consideration of award of contract to McAnany Construction for on-call paving for City Facilities. approved. T. Consideration of acceptance of bids and award of contract to Harmon Construction for construction of improvements to Fire Stations No. 1 and No. 4 as part of the Modernization of Fire Stations Project, PN 6-C-031-21 and 6-C-031-22. Councilmember Vogt asked for item T to be removed and considered separately. She said she was supportive of the work that is needed on the fire stations, but had questions about what is expected in the future. Fire Chief, Jeff DeGraffenreid, said that they are aware that some of the facilities are nearing the end of their life, but these are things they can do in the short term. Mayor Bacon asked when these facilities would be replaced and Chief DeGraffenreid said it would be an on-going project. Motion by Gilmore, seconded by Vogt, to approve item T. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex U. Consideration of award of contract to Elliott Equipment Company for the purchase of a grapple truck for the Parks Division of Quality of Life. approved. V. Consideration of award of contract to McConnell & Associates for the conversion of two (2) Two Trails Park tennis courts into pickle ball courts. approved. W. Consideration of acceptance of proposal from Advanced Exercise Fitness Solutions to replace cardio fitness equipment at the Olathe Community Center. approved. 7. NEW BUSINESS A. Consideration of RZ21-0015, requesting a rezoning from the CTY RUR Page 6 of 11 City Council Meeting Minutes March 21, 2023 (County Rural) District to the R-3 (Low-Density Multifamily) District and a preliminary site development plan for Woodland Forest on approximately 33.89 acres; located southeast of K-10 Highway and Woodland Road. Kim Hollingsworth, Interim Planning Manager, gave a presentation regarding this item. Curtis Petersen with Polsinelli, representative for the applicant, gave a short presentation. Stephanie Hanaway, 20130 W. 105th Street, spoke in opposition to the development. Sally Firnhaber, 19732 W. 105th Street, spoke in opposition to the development. Daryl Evers, 19715 W. 105th Street, spoke in opposition to the development. Councilmember Mickelson asked about the reduction in density and Ms. Hollingsworth said density had been reduced by 37. Mr. Mickelson said he didn't believe this was enough of a compromise. Councilmember Vogt asked clarifying questions regarding the Woodland Corridor Plan that had been approved in 1998 and revised in 2004. Ms. Vogt said she felt it was important to highlight the full history of the Woodland Corridor Plan. She also expressed concerns regarding traffic. City Engineer, Nate Baldwin and Ms. Hollingsworth shared additional information about the most recent traffic study. Councilmember Gilmore asked questions about the signal the developer has agreed to install to assist with traffic. Mr. Baldwin provided more details about the signal. Councilmember Gilmore indicated the current plan was much more preferable than the original. Page 7 of 11 City Council Meeting Minutes March 21, 2023 Councilmember McCoy noted the commercial piece was no longer a part of the plan and single family homes were being added between the current housing developments and the apartments. Councilmember Vogt and Mickelson asked additional questions about the traffic study and about eventual construction on K-10. Mr. Baldwin provided more information. Councilmember Essex asked questions about the neighboring pool that potentially could be impacted by traffic. Mr. Petersen said they did not own the appropriate land to reconfigure the street. Mayor Bacon asked about the amenities the complex would offer. Rick Oddo, with Oddo Development, provided detail about the planned amenities. Mr. Bacon also asked about the total valuation of the project. He asked more questions about street parking on 105th close to the pool. Mr. Baldwin said it is allowed currently but could be restricted in the future. Mr. Bacon wanted to know more about the signal proposed at 105th street and Mr. Baldwin said the developer would be installing it at the beginning of the project and not waiting until it was needed. Councilmember Felter acknowledged she had learned a lot from this project and said she was planning to support it. Councilmember Gilmore said he believed this was a high quality project and planned to support it. Councilmember Vogt asked about the cost of the signal and the street excise tax credit the developer would receive. Motion by Vogt, seconded by Mickelson, to direct staff to prepare an ordinance which would approve RZ21-0015 subject to the stipulation that the density be reduced to be closer to a maximum of 200 total units. The motion failed with the following vote: Yes: Mickelson, Vogt, and Essex No: McCoy, Bacon, Gilmore, and Felter Motion by Gilmore, seconded by Felter, to direct staff to prepare an ordinance which would approve RZ21-0015 as presented by the applicant for formal consideration. Page 8 of 11 City Council Meeting Minutes March 21, 2023 The motion carried with the following vote: Yes: McCoy, Bacon, Gilmore, and Felter No: Mickelson, Vogt, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember Felter recognized staff for their work with the 3rd grade program at City Hall and Civic Academy. She also shared about a collaboration between the Olathe Fire Department and the school district for vision impaired students. Ms. Felter congratulated the Olathe Chamber on their 100th anniversary. Councilmember McCoy congratulated Zach Hardy on his promotion. He also congratulated the Olathe Police Department on the traffic award. Councilmember Gilmore asked staff to look at possible programs to provide relief to residents who are on a fixed income for property taxes. Councilmember Vogt thanked staff for their quick responses to her questions. Councilmember Mickelson thanked Parks and Rec for installing pickleball courts. He also said he wanted the Council to consider having more conversations regarding the IRB policy. Councilmember Essex said she agreed with Mr. Mickelson and would like the IRB policy to be evaluated. She congratulated the Chamber on their 100th anniversary and said they were going to be recognized in Topeka. Mayor Bacon recognized Alan Shorthouse for his upcoming retirement after many years of service the City of Olathe. 9. END OF TELEVISED SESSION 10. 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. Page 9 of 11 City Council Meeting Minutes March 21, 2023 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. Quarterly Procurement Report. Report accepted. 2. Report on the authorization of the new Animal Shelter project, PN 6-C-007-23. Councilmember Vogt asked for more information about this project. Deputy City Manager, Susan Sherman, said they were just beginning to study the needs. Councilmember Gilmore asked what the location would be and Ms. Sherman said they were evaluating one of the Ironwood buildings, but was unsure if it would accommodate the needs. Councilmember Vogt asked if there was going to be any partnering with surrounding cities and Ms. Sherman said that would be looked at. Councilmember Mickelson suggested staff look for grants that might help fund the project. 3. Report on the authorization of the Fire Station No. 9 project, PN 6-C-013-23. Report accepted. B. DISCUSSION ITEMS 1. 2023 Federal Legislative Priorities. (10 min.) Tim Danneberg, External Affairs and Issues Management Director, gave a presentation on the 2023 federal legislative priorities. 12. ADDITIONAL ITEMS Councilmember Felter reminded Councilmember Mickelson that the city has Page 10 of 11 City Council Meeting Minutes March 21, 2023 seen great growth. Mayor Bacon said the Council looks at the abatement policy each year and was sure they would again this year. He also asked about the railroad grant application and City engineer, Nate Baldwin, said there was no update at this time. 13. ADJOURNMENT The meeting was adjourned at 10:03 PM. Brenda D. Swearingian City Clerk Page 11 of 11