City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | April 18, 2023 | 7:00 PM A joint City Council and Teen Council dinner was held in the City of Governors at 5:30 PM. 1. CALL TO ORDER Present: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing April 24-28 as Arbor Week. Mayor Bacon presented the proclamation to Jared Doran, City of Olathe Arborist. B. Recognition of Olathe high school student champions. Mayor Bacon presented awards to the high school athletes who were State champions in their designated sport. C. Recognition of Teen Council seniors. Mayor Bacon presented each senior teen council member with a certificate of recognition for their participation this year. 5. 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. 23-1029 on a request by Heartland Coca-Cola Bottling Company, LLC for an issuance request for industrial revenue bonds and tax phase-in for the construction of a 1,320,000 square foot bottling, warehouse and Page 1 of 8 City Council Meeting Minutes April 18, 2023 distribution facility on 116 acres on the southwest corner of 167th Street and Hedge Lane. This is a two-phase project with the initial phase being a 600,000 square foot facility. John Page, Financial Strategy Manager, gave a presentation regarding this IRB application. No other comments were heard. Motion by Gillmore, seconded by Vogt, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1029, as presented. The motion carried with by the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy 6. CONSENT AGENDA Approval of the Consent Agenda Councilmember Gilmore 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 with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy A. Consideration of approval of the City Council meeting minutes of April 4, 2023. approved. B. Consideration of a renewal drinking establishment application. approved. C. Consideration of proposal and acceptance of award of contract to the Law Offices of Don Smith, Lenin V. Guerra, LLC, and The Mozingo Law Firm, LLC for public defender services. approved. D. Consideration of agreement for professional planning services. approved. Page 2 of 8 City Council Meeting Minutes April 18, 2023 E. Consideration of Resolution No. 23-1030 (SU23-0001), requesting approval of a special use permit with a preliminary site development plan for BelongKC, containing one (1) lot on approximately 3.19 acres, located at south of W. 115th Street and east of Ridgeview Road. Planning Commission recommends approval 8 to 0. Councilmember Gilmore asked for item E to be removed from the consent agenda and considered separately so staff could share a short video regarding this project. He said he felt like it was a worthy project to highlight. Motion by Gilmore, seconded by Vogt, to approve item E. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy F. Consideration of Change Order No. 1 to the contract with McAnany Construction, Inc. for construction of the Local and Collector Mill and Overlay Project - Group B, PN 3-P-009-23. approved. G. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Donelson Construction Company, LLC for construction of the 2023 MAQS Micro Surface Project, PN 3-P-010-23. approved. H. Acceptance of quote from Downing Sales and Service, Inc. for the purchase of steel refuse containers for the Solid Waste Division of Infrastructure. approved. I. Acceptance of renewal of price agreement 18-0201 with Galls, LLC for Fire Uniforms for the Olathe Fire Department. approved. J. Consideration and acceptance of modification to Price Agreement with KA-COMM, Inc. for Installation of Emergency Equipment for Emergency Services Vehicles (City of Olathe Price Agreement 17-4150). approved. K. Consideration of renewal of contract with Tyler Technologies to provide Permitting Software for the City. approved. 7. NEW BUSINESS A. Consideration of Ordinance No. 23-08 (RZ23-0001), requesting approval of a rezoning from the CTY CP-3 (Planned Commercial) District and CTY R-1A (Residential Single-Family) District to the BP Page 3 of 8 City Council Meeting Minutes April 18, 2023 (Business Park) District and a preliminary site development plan for Oppidan Data Center, containing one (1) lot on approximately 24.44 acres, located north of Valley Parkway and west of K-7 Highway. Planning Commission recommends approval 9 to 0. Senior Planner, Jessica Schuller, gave a short presentation regarding this item. Mayor Bacon asked about the west wall in relation to the nearby church. Ms. Schuller further explained the landscaping that would be in place. Dylan Rusk, with Oppidan Investment Co., said they were in agreement with all of the recommendations by staff. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-08, regarding RZ23-0001, as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Gilmore, Felter, and Essex Absent: McCoy 8. NEW CITY COUNCIL BUSINESS Councilmember Felter thanked staff for eliminating the return envelope in the utility bills. She also highlighted the Trash App. She did a shout out to the Fire Department for their participation in training and then encouraged citizens to participate in the 704 Blue Run with the Police Department. Councilmember Gilmore congratulated Angel Clothing on their ribbon cutting and encouraged citizens to support this organization. Councilmember Vogt reminded citizens to return their mail-in ballot by noon on April 25th. Councilmember Essex congratulated the new Fire Department graduates and acknowledged that it was National Animal Control Week. Mayor Bacon also encouraged citizens to mail in their ballots. He reminded everyone that the grand opening for the downtown library is April 29th and the ribbon cutting would be at 10:00 AM. Page 4 of 8 City Council Meeting Minutes April 18, 2023 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. No comments heard. 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 regarding a proposed ordinance granting a contract franchise to Everfast Fiber Networks LLC, to construct, operate, and maintain a telecommunications system in the City of Olathe. Mayor Bacon asked if there would be new underground cable. Bob Gallimore, Assistant City Attorney, explained that Everfast was acquiring Consolidated and there would not be additional underground cable at this time. Report accepted. B. DISCUSSION ITEMS 1. 2021 & 2022 General Fund Revenues, Expenditures and Fund Balance Analysis. Director of Economy, Jamie Robichaud and Budget Manager, Jarrod Stewart, gave a presentation. Councilmember Gilmore expressed concern regarding the general fund reserves. City Manager, Michael Wilkes, said staff has had conversations with a financial advisor regarding the fund balance. Mr. Wilkes said excess funds are used for one time expenditures as there is always a list that otherwise would not get funded. Mr. Gilmore said he didn't regret any spending, but asked staff to make sure the Council was aware Page 5 of 8 City Council Meeting Minutes April 18, 2023 when they were being asked to approve spending of excess funds. Mr. Gilmore thanked staff for the presentation and said it had been very helpful. Mayor Bacon said he understood using these funds for smaller projects but wondered about how to save for larger, legacy projects. Mr. Wilkes said that was something the Council could consider. Councilmember Vogt said this had been a great conversation and wondered how other cities handled excess funds. She said she believed the City had been prudent with tax dollars. Councilmember Felter said she thought the funding source would be worth noting when making decisions. 2. Discuss the Council’s budget priorities used to create the budget each year. Budget Manager, Jarrod Stewart, presented the current budget priorities. Mayor Bacon asked for clarification on what was considered long-term debt. Mr. Stewart said generally over 10 years. City Manager, Michael Wilkes also said there were times it matched the life of the project. Councilmember Gilmore said he felt priority number 2 needed more definition. He said he agreed with number 8 but would ask that the Council be provided additional information when using funds for non-recurring expenditures. He also said he believed the wording of number 10 needed to be modified. Councilmembers Vogt, Essex, Mickelson, and Felter all said they believed priority number 10 could be worded in a way to accomplish the intent of the members of the Council. Councilmember Gilmore asked what the typical response was if the budget needed to be cut and Mr. Wilkes said the CIP was generally modified. Mr. Gilmore said he hoped they could Page 6 of 8 City Council Meeting Minutes April 18, 2023 set a target for revenues and build the budget around it. Mayor Bacon said he believed it had been a great conversation. 3. Presentation on HUD repositioning of Olathe Housing Authority’s Public Housing program. Chris Grunewald, Deputy City Attorney, gave a presentation regarding the proposed changes. Councilmembers Vogt and Gilmore asked questions about the phased approach and Mr. Grunewald explained the reasons. Councilmembers Gilmore and Felter asked questions about the structure and sustainability for the future and Mr. Grunewald explained how the re-purposing would work. Mayor Bacon asked for a copy of the presentation. 4. Infrastructure Focus Area Update. Infrastructure Director, Mary Jaeger, gave a presentation on the Infrastructure Focus Area. 12. ADDITIONAL ITEMS Councilmember Felter thanked Mary Jaeger for her presentation. City Manager, Michael Wilkes, told the Council that the Johnson County Library had decided to go fine free and the City of Olathe Library would move forward with no fines, at least for the time being. Mayor Bacon and Councilmember Gilmore, asked questions regarding fees and the impact on revenue. Mr. Gilmore said he supported the interim steps the City was taking. Mayor Bacon asked about utility payments being sent to a third party for processing and questioned what the agreement was regarding late payments. Deputy City Manager, Susan Sherman, said staff would look into the agreement. 13. ADJOURNMENT Page 7 of 8 City Council Meeting Minutes April 18, 2023 The meeting adjourned at 9:45 PM. Brenda D. Swearingian City Clerk Page 8 of 8