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City Council

Regular Meeting

Olathe, KS · May 16, 2023

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | May 16, 2023 | 7:00 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. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Recognition of the Public Service Recognition Week award winners. City Manager, Michael Wilkes, introduced the award winners. Mayor Bacon and Deputy City Manager, Susan Sherman, presented the awards. 5. PUBLIC HEARINGS A. Consideration of a public hearing to identify needs for the 2024 Community Development Block Grant (CDBG) funding. 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 B. Public Hearing and Consideration of Resolution No. 23-1032 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. 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 Page 1 of 7 City Council Meeting Minutes May 16, 2023 Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1032. 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 McCoy asked for item L to be removed and considered separately. Mayor Bacon asked for item F to be removed and considered separately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of items F and L. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex A. Consideration of approval of the City Council meeting minutes of May 2, 2023. approved B. Consideration of renewal drinking establishment applications. approved. C. Consideration of a private club license. approved. D. Consideration of pawnbroker/precious metal dealer renewal license application. approved. E. Consideration and acceptance of award of contract to Five9, Inc. to provide Contact Center Solution services for Customer Service at the Robinson location, the Olathe Community Center, and Fire Administration to replace the current provider. approved. F. Consider authorization of transfer from General Fund to Downtown Revitalization Project. Motion by Gilmore, seconded by Vogt, to approve item F. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex G. Consideration of Resolution No. 23-1033 authorizing the public sale of General Obligation Temporary Notes, Series 2023-A; and General Page 2 of 7 City Council Meeting Minutes May 16, 2023 Obligation Improvement Bonds, Series 2023A. approved. H. Consideration of Resolution No. 23-1034 authorizing the public sale of Water and Sewer System Improvement Bonds, Series 2023. approved. I. Consideration of Resolution No. 23-1035 (SU23-0003), requesting approval for renewal of a special use permit for Animal Care with Indoor or Outdoor Kennel at Camp Bow Wow, containing one (1) lot on approximately 2.10 acres; located at 1150 W. 151st Street, Suite D. Planning Commission recommends approval 8 to 0. approved. J. Consideration of Resolution No. 23-1036 (SU23-0002), requesting approval of a special use permit for motor vehicle sales for KC Car Gallery South, containing one (1) lot on approximately 2.12 acres, located at 15695 S. US-169 Highway. Planning Commission recommends approval 7 to 1. approved. K. Consideration of Consent Calendar. approved. L. Consideration of a contract award to J. Oliver Construction, LLC for replacement of playground equipment and surfacing at the Olathe Girls Softball Complex as part of the OGSC Parking Improvements Project, PN 4-C-006-23. Motion by Gilmore, seconded by Vogt, to approve item L. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex M. Consideration of Supplemental Agreement No. 1 with Black & Veatch for additional engineering services associated with the on-call engineering services for wastewater treatment, PN 1-C-014-21. approved. N. Consideration of renewal of contracts to Harcros Chemicals, Inc., Brenntag Mid-South, Polydyne, Inc., Poet Ethanol Products, DPC Industries, Inc., Carus LLC, PVS Technologies, Inc., Mississippi Lime Company, Nalco Company, Evoqua Water Technologies, LLC and Kemira Water Solutions, Inc. for water and wastewater treatment chemicals for the Environmental Services Division of Infrastructure. approved. 7. NEW BUSINESS Page 3 of 7 City Council Meeting Minutes May 16, 2023 A. Consideration of Ordinance No. 23-10 (RZ23-0002), requesting approval of a rezoning from the R-1 (Residential) District to the M-2 (General Industrial) District and a preliminary site development plan for 159 Venture, LLC, containing one (1) lot on approximately 4.58 acres; located at 19460 W. 159th Street. Planning Commission recommends approval 8 to 0. Motion by Gilmore, seconded by Vogt, to approve Ordinance 23-10. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS None 11. CONVENE FOR PLANNING SESSION A. REPORTS 1. Report on Council budget priorities. Report accepted. 2. 2022 Economic Development Incentive Activities Report. Report accepted. 3. Report regarding proposed amendments to Section 7.02.020 of the Olathe Municipal Code exempting a core commercial district from location restrictions applicable to alcoholic liquor or cereal malt beverage licenses or permits. Report accepted. B. DISCUSSION ITEMS 1. Discussion on housing recommendations and strategies. Planning and Development Manager, Kim Hollingsworth and Deputy City Attorney, Chris Grunewald, gave a presentation on housing recommendations. Councilmember Felter asked questions about expanding programs to include areas of town other than old town Olathe. Mr. Grunewald said they were looking into ways to expand. Page 4 of 7 City Council Meeting Minutes May 16, 2023 Councilmember McCoy asked about the timelines for the various recommendations. Ms. Hollingsworth said the timelines varied and they are currently partner with Johnson County. Mr. McCoy asked about the parameters of old town Olathe and Ms. Hollingsworth provided that information. Councilmember Vogt asked if the Home Builders Association was involved and Ms. Hollingsworth said they hade been in constant communications with various members of the community. Ms. Vogt asked what impact rehab on aging complexes would have on renters and Mr. Grunewald said many projects would come with specific guidelines. Councilmember Mickelson asked if it was achievable to build new home in the price range indicated. Ms. Hollingsworth there were lots of things to work through. Councilmember Gilmore reminded the Council of the report from the County regarding the number of homes in Olathe under $300,000. He also encouraged the City to look for partnerships. Councilmember McCoy asked about using vacant lots and partnering with developers. Mr. Grunewald said they had been on contact with various organizations. Councilmember Felter noted that Olathe has a great inventory of affordable housing compared to other communities in the County. Mayor Bacon said he would like to have more data regarding aging multi-family rehab programs. Councilmember Vogt and McCoy said they thought they needed to think differently. 2. Police Focus Area Update. Police Chief, Mike Butaud, presented a department update. Page 5 of 7 City Council Meeting Minutes May 16, 2023 Councilmember Felter asked clarifying questions about the proposed firing range and the decision on where to locate it. Chief Butaud said they have some possible locations. She asked about opioid usage and Chief Butaud said they continue to work to educate the public regarding dangers. Ms. Felter also asked about the collaboration with Olathe West High School's safety program and if it is helping with hiring new officers. Chief Butaud said he believes it will eventually. Councilmember Gilmore asked about the grant that helps support the co-responder program. Chief Butaud said the grant will end eventually, but as long as there is grant funding available he believed they would continue to be eligible. 12. ADDITIONAL ITEMS Councilmember McCoy reminded everyone of the Memorial Day service on May 29th. Councilmember Vogt asked for the Council to be sent the upcoming budget dates. She asked fellow council members who was going to be playing in Sunflower Wickets. She also announced the auditors evaluation would be June 20th. Councilmember Essex said people had been talking about the new art that has recently been installed. Mayor Bacon asked when the art project in the roundabout would be completed. City Engineer, Nate Baldwin, said it is almost completed, but the landscaping might be another 2-3 weeks. Mayor Bacon asked about the Comprehensive Plan Committee. City Manager, Michael Wilkes said the RFP would be in July and might be able to convene a committee in August. Mayor Bacon asked about "No Mow May" and Quality of Life Director, Mike Sirna, shared a short update on the current mowing citations. Page 6 of 7 City Council Meeting Minutes May 16, 2023 13. ADJOURNMENT The meeting was adjourned at 9:09 PM. Brenda D. Swearingian City Clerk Page 7 of 7

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | May 16, 2023 | 7:00 PM 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Recognition of the Public Service Recognition Week award winners. 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. Consideration of a public hearing to identify needs for the 2024 Community Development Block Grant (CDBG) funding. Staff Contact: Mike Sirna and Emily Diehl Action needed: Consider a motion to close the public hearing. B. Public Hearing and Consideration of Resolution No. 23-1032 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. Staff Contact: Jamie Robichaud and John Page Attachments: Attachment A: Executive Summary Attachment B: Project Application Attachment C: Firm Data Sheet Attachment D: Cost Benefit Analysis Attachment E: Site Aerial Attachment F: 2022 Cost Benefit Analysis History Attachment G: Resolution No. 23-1032 Action needed: Consider a motion to close the public hearing. Action needed: Consider a motion to approve Resolution No. 23-XXXX. Page 1 of 6 City Council Meeting Agenda May 16, 2023 6. 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. A. Consideration of approval of the City Council meeting minutes of May 2, 2023. Staff Contact: Eric Strimple Attachments: A. 05-02-2023 Council Minutes B. Consideration of renewal drinking establishment applications. Staff Contact: Eric Strimple C. Consideration of a private club license. Staff Contact: Eric Strimple D. Consideration of pawnbroker/precious metal dealer renewal license application. Staff Contact: Eric Strimple E. Consideration and acceptance of award of contract to Five9, Inc. to provide Contact Center Solution services for Customer Service at the Robinson location, the Olathe Community Center, and Fire Administration to replace the current provider. Staff Contact: Erin Vader and Jillian Foster Attachments: A. Master Services Agreement F. Consider authorization of transfer from General Fund to Downtown Revitalization Project. Staff Contact: Jamie Robichaud G. Consideration of Resolution No. 23-1033 authorizing the public sale of General Obligation Temporary Notes, Series 2023-A; and General Obligation Improvement Bonds, Series 2023A. Staff Contact: Jamie Robichaud, Briana Burrichter and John Page Attachments: A. Draft Sale Resolution B. Draft Summary Term Sheet Page 2 of 6 City Council Meeting Agenda May 16, 2023 H. Consideration of Resolution No. 23-1034 authorizing the public sale of Water and Sewer System Improvement Bonds, Series 2023. Staff Contact: Jamie Robichaud, Briana Burrichter and John Page Attachments: A. Draft Sale Resolution B. Draft Summary Term Sheet I. Consideration of Resolution No. 23-1035 (SU23-0003), requesting approval for renewal of a special use permit for Animal Care with Indoor or Outdoor Kennel at Camp Bow Wow, containing one (1) lot on approximately 2.10 acres; located at 1150 W. 151st Street, Suite D. Planning Commission recommends approval 8 to 0. Staff Contact: Jamie Robichaud and Emily Carrillo Attachments: A. Planning Commission Packet B. Planning Commission Minutes C. Resolution No. 23-1035 J. Consideration of Resolution No. 23-1036 (SU23-0002), requesting approval of a special use permit for motor vehicle sales for KC Car Gallery South, containing one (1) lot on approximately 2.12 acres, located at 15695 S. US-169 Highway. Planning Commission recommends approval 7 to 1. Staff Contact: Jamie Robichaud and Jessica Schuller Attachments: A. Planning Commission Packet B. Planning Commission Minutes C. Resolution No. 23-1036 K. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Consent Calendar L. Consideration of a contract award to J. Oliver Construction, LLC for replacement of playground equipment and surfacing at the Olathe Girls Softball Complex as part of the OGSC Parking Improvements Project, PN 4-C-006-23. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Agreement Page 3 of 6 City Council Meeting Agenda May 16, 2023 M. Consideration of Supplemental Agreement No. 1 with Black & Veatch for additional engineering services associated with the on-call engineering services for wastewater treatment, PN 1-C-014-21. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Supplemental Agreement No. 1 N. Consideration of renewal of contracts to Harcros Chemicals, Inc., Brenntag Mid-South, Polydyne, Inc., Poet Ethanol Products, DPC Industries, Inc., Carus LLC, PVS Technologies, Inc., Mississippi Lime Company, Nalco Company, Evoqua Water Technologies, LLC and Kemira Water Solutions, Inc. for water and wastewater treatment chemicals for the Environmental Services Division of Infrastructure. Staff Contact: Mary Jaeger and Zach Hardy 7. NEW BUSINESS A. Consideration of Ordinance No. 23-10 (RZ23-0002), requesting approval of a rezoning from the R-1 (Residential) District to the M-2 (General Industrial) District and a preliminary site development plan for 159 Venture, LLC, containing one (1) lot on approximately 4.58 acres; located at 19460 W. 159th Street. Planning Commission recommends approval 8 to 0. Staff Contact: Jamie Robichaud and Emily Carrillo Attachments: A. Planning Commission Packet B. Planning Commission Minutes C. Ordinance No. 23-10 Action needed: Consider a motion to approve (4 positive votes), deny (5 positive votes required), or return to the Planning Commission. 8. NEW CITY COUNCIL BUSINESS 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. Page 4 of 6 City Council Meeting Agenda May 16, 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. Report on Council budget priorities. Staff Contact: Jamie Robichaud Attachments: A. Updated Budget Priorities 2. 2022 Economic Development Incentive Activities Report. Staff Contact: Jamie Robichaud, Briana Burrichter and John Page Attachments: Attachment A: 2022 Economic Development Incentives Activities Report. 3. Report regarding proposed amendments to Section 7.02.020 of the Olathe Municipal Code exempting a core commercial district from location restrictions applicable to alcoholic liquor or cereal malt beverage licenses or permits. Staff Contact: Ron Shaver and Bob Gallimore Attachments: A - Ordinance No. 23-XX B. DISCUSSION ITEMS 1. Discussion on housing recommendations and strategies. (20 min) Staff Contact: Jamie Robichaud, Kim Hollingsworth, Mike Sirna and Chris Grunewald Attachments: A. Housing Workshop Survey B. Housing Recommendations 2. Police Focus Area Update. (20 min) Staff Contact: Mike Butaud 12. ADDITIONAL ITEMS 13. ADJOURNMENT Page 5 of 6 City Council Meeting Agenda May 16, 2023 The City of Olathe offers public meeting accommodations. Olathe City Hall is wheelchair accessible. Assistive listening devices as well as iPads with closed captioning are available at each meeting. To request an ASL interpreter, or other accommodations, please contact the City Clerk’s office at 913-971-8521. Two (2) business days notice is required to ensure availability. Page 6 of 6

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