City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | May 2, 2023 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Felter, and Essex Absent: Gilmore Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. Councilmember Mickelson arrived at 7:20 PM. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation declaring May Asian Pacific Islander Heritage Month. Mayor Bacon read and presented the proclamation to John Thong. Mr. Thong thanked the Council for the proclamation and recognition. B. Proclamation declaring May 7-13 Public Service Recognition Week. Mayor Bacon read and presented the proclamation to Deputy Building Official, Ryan Arter. Mr. Arter thanked the Council for taking the opportunity to recognize staff and all they do. C. Recognition of 2023 Olathe Civic Academy graduates. Megan Spence, Distribution Compliance Manager and Civic Academy Coordinator, shared about Civic Academy and introduced each participant. Ashley Reece, a Civic Academy participant, shared about the experience on behalf of the class. Mayor Bacon presented each person with a certificate. 5. CONSENT AGENDA Councilmember McCoy asked for item R to be removed and considered Page 1 of 6 City Council Meeting Minutes May 2, 2023 separately. Motion by Vogt, seconded by McCoy, to approve the consent agenda, with the exclusion of item R. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Felter, and Essex Absent: Mickelson, and Gilmore A. Consideration of approval of the City Council meeting minutes for the April 18, 2023 meeting. Approved. B. Consideration of Travel Request Authorization for Councilmembers Kevin Gilmore and Robyn Essex, Mayor Bacon, and City Manager Michael Wilkes to travel to Washington, DC to visit our congressional delegates May 17th and 18th. Approved. C. Consideration of renewal of the cyber liability insurance policy. Approved. D. Request for the acceptance of the dedication of land for public easements for a final plat of Ridgeview Place (FP22-0046), containing one (1) lot on approximately 0.49 acres; located at 15214 S. Ridgeview Road. Planning Commission approved plat 8 to 0. Approved. E. Request for the acceptance of the dedication of land for public easements for a final plat of Deuteronomy 1:21 (FP23-0006), containing three (3) lots on approximately 3.71 acres; south of W. Elm Street and east of S. Grant Street. Planning Commission approved plat 8 to 0. Approved. F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Southwest Plaza Replat (FP23-0010), containing two (2) lots on approximately 9.60 acres; located north of W. Dennis Avenue and west of S. Parker Street. Planning Commission approved plat 8 to 0. Approved. G. Request for the acceptance of the dedication of land for public street right-of-way and public easements for a final plat of Free State Exchange (FP23-0007) containing one (1) lot on approximately 55.36 acres; located northwest of W. 167th Street and U.S. 169 Highway. Planning Commission approved the plat 8-0. Approved. H. Consideration of Consent Calendar. Approved. Page 2 of 6 City Council Meeting Minutes May 2, 2023 I. Consideration of Resolution No. 23-1031 authorizing the City of Olathe’s project requests for inclusion in the 2024-2028 County Assistance Road System (CARS) Program. Approved. J. Consideration of an Agreement with Johnson County for construction of the CMP Replacement (Watershed 2) Arterial Mill and Overlay Project, PN 2-R-001-23. Approved. K. Consideration of an Agreement with Johnson County for construction of the CMP Replacement (Watershed 6) Arterial Mill and Overlay Project, PN 2-R-002-23. Approved. L. Consideration of a Professional Services Agreement with Land Company Real Estate Services, Inc. for the 2023 Land Acquisition Services for the City of Olathe. Approved. M. Consideration of a Professional Services Agreement with Skeens Consulting Services for the 2023 Land Acquisition Services for the City of Olathe. Approved. N. Consideration of a Professional Services Agreement with Orrick & Erskine, LLP for the 2023 Land Acquisition Services for the City of Olathe. Approved. O. Consideration of award of contract to Hach Company for analytical instrumentation equipment repair and replacement for the Environmental Services Division of Infrastructure. Approved. P. Acceptance of proposal and consideration of award of contract to Crossland Heavy Contractors for the pedestrian bridge at the Harold Street Wastewater Facility. Approved. Q. Consideration of award of contract to LDV, Inc. for the upgrade of the Mobile Command Vehicle for the Police Department. Approved. R. Consideration of modification and renewal of contract to Titan Protection & Consulting, Inc. for security services for the Olathe Downtown Library. Councilmember McCoy asked why the decision was made to have an unarmed officer at the library. Page 3 of 6 City Council Meeting Minutes May 2, 2023 Director of Quality of Life, Mike Sirna, stated the point of view at both libraries is an armed guard is not needed. Mayor Bacon asked if the contract can be cancelled within 30 days or if it is a year contract. Mr. Sirna stated he believed it could be cancelled within 30 days. Councilmember Vogt asked what the current security level was at Indian Creek Library and if there had been any incidents. Mr. Sirna stated it was determined that security was not needed and there have not been any incidents. Councilmember Mickelson asked clarifying questions on if guards were approved for Indian Creek Library originally and if the guards at the municipal courts were armed. Ron Shaver, City Attorney, stated the guards at the municipal court were not armed, but armed police officers are in the courtrooms. Motion by Vogt, seconded by Essex, to approve item R as presented. The motion carried with the following vote: Yes: Mickelson, Bacon, Vogt, Felter, and Essex No: McCoy Absent: Gilmore 6. NEW BUSINESS A. Consideration of Ordinance No. 23-09 granting a contract franchise to Everfast Fiber Networks LLC, to construct, operate, and maintain a telecommunications systems in the City of Olathe. Motion by Vogt, seconded by McCoy, to approve Ordinance No. 23-09, the motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Felter, and Essex Absent: Gilmore 7. NEW CITY COUNCIL BUSINESS Councilmember Essex stated it was National Municipal Clerks week and thanked City Clerk, Brenda Swearingian and Assistant City Clerk, Eric Strimple, for their work. Page 4 of 6 City Council Meeting Minutes May 2, 2023 Councilmember Mickelson stated he enjoyed being part of the library grand opening. Councilmember Vogt stated it has been an exciting two weeks, with the approval of the sales tax, the dedication of Civic Center Park, and the library grand opening. She thanked all staff for their hard work. Councilmember McCoy stated he missed the last meeting and had a series of questions that he would like to have answered about the removal of library fines. His questions are: 1. Did the City Manager and Mayor decide to move ahead with removing Library fines without a Council vote? 2. Is it true that there are outstanding fines over 400k? Please provide data. 3. Is it true that there are 80k in fines each year that will be eliminated? 4. Provide more detail on what/how existing fines will be forgiven. 5. Would like to see the ordinance that states the library will not be under the purview of a library board, but under the City Manager. 6. Will the city use collection efforts like the ones used for lawn abatements, turning it into collections or liens on properties? 7. How many cardholders do we have in the library system? 8. How many books are outstanding now, and have an audit done in 6-months showing the numbers to see if people are returning more books with the removal of fines. 9. If needed, Councilmember McCoy would like to see about adding a library oversight committee again. Councilmember Felter congratulated staff for working hard to get the sales taxes renewed. Ms. Felter, also congratulated staff for the great work on the library grand opening weekend and thanked the City Clerk Office staff for all they do and provided a brief explanation of duties performed by the office. She also mentioned fundraising events for both the Police and Fire Departments. Councilmember Mickelson stated he would like to see the data on the number of books being returned to the library in 6 months as well. Mayor Bacon thanked the community for the overwhelming support at the grand Page 5 of 6 City Council Meeting Minutes May 2, 2023 opening of the new library. 8. END OF TELEVISED SESSION 9. 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 heard. 10. CONVENE FOR PLANNING SESSION A. REPORTS 1. Report on a request by Oppidan Investment Co. for issuance of industrial revenue bonds for the construction of a 90,000 square foot single-story data center on a 22.44-acre parcel southwest of the K-10 and K-7 Interchange. Councilmember Vogt stated she loves seeing the 1st year average salary being 213K a year. Councilmember Felter agreed, while there will not be many jobs, the pay is great. Report accepted. 11. ADDITIONAL ITEMS Councilmember McCoy spoke about his years in Kentucky. Mayor Bacon stated the budget priorities will be back for further consideration. He also stated he read to elementary school kids last week. 12. ADJOURNMENT The meeting adjourned at 7:47 PM. Eric Strimple Assistant City Clerk Page 6 of 6