City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 6, 2023 | 7:00 PM 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 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 June 19, 2023 as Juneteenth. Mayor Bacon read and presented the proclamation to Demetrius Bell, social studies teacher at Olathe West. Mr. Bell thanked the Council for the proclamation and recognition and spoke of the importance of recognizing Juneteenth. 5. CONSENT AGENDA Coucilmember Vogt asked for items P and Q to be pulled and considered seperately. Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of items P and Q. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter A. Consideration of approval of the City Council meeting minutes for the May 16, 2023 meeting. approved B. Consideration of a new cereal malt beverage application. approved C. Consideration of a new drinking establishment application. approved Page 1 of 9 City Council Meeting Minutes June 6, 2023 D. Consideration of renewal drinking establishment applications. approved E. Consideration of a private club license. approved F. Consideration of a precious metal dealer license application. approved G. Consideration of renewal of contract with Qualtrics to provide Qualtrics customer experience software, licensing, and services. approved H. Consideration of approval of total annual expenditures under existing price agreement with Robert Half International, Inc. for temporary accounting assistance for the Economy Focus Area. approved I. Consideration of Resolution No. 23-1037 (SU23-0004), requesting approval of a renewal of a special use permit for Recreation, Outdoor for Stone Pillar Vineyard & Winery on approximately 13.5 acres; located at 11000 Woodland Road. Planning Commission recommends approval 8 to 0. approved J. Request for the acceptance of the dedication of land for public easements for a final plat of BelongKC (FP23-0009), containing one (1) lot and two (2) tracts on approximately 3.19 acres, located south of W. 115th Street and east of Ridgeview Road. Planning Commission approved plat 5 to 0. approved K. Request for the acceptance of the dedication of land for public easements for a final plat of Valley Parkway Business Center (FP23-0011), containing one (1) lot and one (1) tract on approximately 24.44 acres, located east of 2400 W. Valley Parkway. Planning Commission approved plat 5 to 0. approved L. Consideration of Consent Calendar. approved M. Consideration of Change Order No. 4 to the contract with Linaweaver Construction, Inc. for construction of the South Enterprise Street Improvements Project, PN 3-R-001-23. approved N. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Wiedenmann, Inc. for construction of the 151st Street and Page 2 of 9 City Council Meeting Minutes June 6, 2023 South Caenen Lane Waterline Improvements Project, PN 5-R-001-22. approved O. Consideration of Supplemental Agreement No. 3 with Affinis Corp for design of the Stagecoach and Sleepy Hollow Stormwater Improvements Project, PN 2-C-011-20. approved P. Consideration of an invoice from Wilson & Company, Inc. for BNSF Inspections for the Cedar Creek Trail Phase II Project, PN 4-C-011-16. Councilmember Vogt pulled the item to note that this project will connect Cedar Lake and Lake Olathe. She thanked staff for their hard work over the last few years. Nate Baldwin, City Engineer, thanked the council for the support over the two years of negotiations. He added the goal is to have it completed by the end of 2023. Mayor Bacon asked if the project would use the existing trestle. Mr. Baldwin, stated that they would be using it. Motion by Gilmore, seconded by Vogt to approve item P as presented. The motion carried with the following vote. Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter Q. Consideration of Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the 119th Street, Woodland to Northgate Improvements, PN 3-C-024-21. Mayor Bacon stated the city applied for federal funds and were awarded funds, but the Northgate/Woodland Rd crossing will have to be closed as part of the funding criteria. Councilmember Vogt stated the city has CARS funding of 4.3 million and federal funds of 17.9 million to help with the completion of the 119th Street project. She added there are concerns of environmental impact. Nate Baldwin, City Engineer, provided details on ways the city plans to mitigate environmental issues. Councilmember Gilmore asked if the grant was going to cut the project total in half from the 39 million approved. Mr. Baldwin stated staff is still reviewing the amount because there is an additional cost Page 3 of 9 City Council Meeting Minutes June 6, 2023 to close the Northgate/Woodland Rd crossing that was not accounted for, along with inflation. Councilmember McCoy asked if these changes will create another quiet zone. Mr. Baldwin stated with the removal of the crossing there would be no need for an engineer to blow a horn. Mayor Bacon stated 570 million was awarded around the United States with 17.9 million coming to Olathe. Motion by Gilmore, seconded by Vogt, to approve item Q as presented. The motion carried with the following vote. Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter R. Consideration of a quote from C-Hawkk Construction, Inc. for Variable Message Boards. approved S. Consideration of award of contract to Murphy Tractor & Equipment Company for the purchase of a replacement compact track loader for the Field Operations Division of Public Works. approved T. Consideration of award of contract to Rush Truck Center of Missouri for the purchase of a cab and chassis for Infrastructure. approved U. Consideration of renewal of contract with Core & Main for the purchase of Sensus water meters for Infrastructure. approved V. Consideration of an agreement with Smith & Boucher, Inc. for engineering design services for the replacement of the City Hall HVAC mechanical equipment as part of the City Hall Environmental Systems Renovation and Roof project, PN 6-C-016-19. approved W. Consideration of renewal of annual fee for ETAC System. approved X. Consideration and acceptance of award of contract to Midwest Presentations Inc. dba CCS Presentation Systems for audio visual equipment and services to upgrade and maintain various city conference and multi-use rooms. approved Page 4 of 9 City Council Meeting Minutes June 6, 2023 Y. Consideration of award of contract to ConvergeOne for the purchase of Silverfort Unified Identity Protection. approved 6. NEW BUSINESS A. Consideration of Ordinance No. 23-11 amending Section 7.02.020 of the Olathe Municipal Code to exempt a core commercial district from location restrictions applicable to alcoholic liquor or cereal malt beverage licenses or permits. Mayor Bacon asked if the school district was spoken to about the core commercial district being catty corner from Central Elementary. Bob Gallimore, Assistant City Attorney, stated the city did not contact the school district. Councilmember Gilmore asked if the 200' foot distance was property line to property line or building to building. Mr. Gallimore stated he would have to look it up to make sure. City Manager, Michael Wilkes, stated staff would reach out to the school district. A discussion was had on how to word the motion to approve the item, but allow for changes to the map if needed. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-11 subject to map amendments in exhibit A, at the direction of the city manager prior to publication. The motion carried with the following vote. Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter B. Consideration of Ordinance No. 23-12 levying a renewed special purpose (street maintenance) citywide retailers’ sales tax in the amount of three-eighths of one percent within the City. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-12 as presented. The motion carried with the following vote. Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter C. Consideration of Ordinance No. 23-13 levying a renewed special purpose (parks & library services) citywide retailers’ sales tax in the amount of one-eighth of one percent within the City. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-13 Page 5 of 9 City Council Meeting Minutes June 6, 2023 as presented. The motion carried with the following vote. Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 7. NEW CITY COUNCIL BUSINESS Councilmember McCoy thanked the Fire Department for all they do for the citizens of Olathe. Councilmember Essex congratulated the city on receiving the Excellence in Financial Reporting Award for the 44th year in a row. In addition they received the Government Financial Officers Association Distinguished Budget Presentation Award, along with the Popular Annual Financial Reporting Award. Mayor Bacon stated the summer concert series starts this Friday. 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 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 OZN Chanute (Multi), LLC for an issuance request for the restart of the remaining approved industrial revenue bonds and tax phase-in for the 205,114 square foot single-story manufacturing facility on an approximately 15.5-acre site located at 801 W. Old 56 Highway. Report accepted 2. Report on a request by JDC Property Group, LLC and assigns for a request for a master resolution for industrial revenue bonds and tax phase-in for the construction of an approximately 1,658,020 total square feet in warehouse and distribution facilities on approximately 91-acre site located at the northwest corner of Page 6 of 9 City Council Meeting Minutes June 6, 2023 167th Street & 169 Highway. Report accepted 3. Quarterly Procurement Report. Mayor Bacon noted there was a study for a pedestrian bridge at Harold St and K-7 and asked if there was a possibility of the county partnering with the project since the bridge leads to county property. City Engineer, Nate Baldwin stated the project was still in the conceptual design stage, but they plan to approach the county. Report accepted 4. Report on 2022 external audit and Annual Comprehensive Financial Report. Councilmembers Gilmore and Vogt echoed the congratulations mentioned by Councilmember Essex earlier in the meeting. Mayor Bacon stated the audit report had very clean opinions in it and asked clarifying questions on the excess sales tax revenue. Economy Director, Jamie Robichaud, stated she would provide information to the council. Report accepted 5. Report on the annual mowing of weeds and removal of debris to levy assessments. Report accepted B. DISCUSSIONS 1. 2023 State Legislative Recap. (15 minutes) Natalie Bright, City of Olathe lobbyist, provided the State Legislative Update to the council. Councilmember Gilmore questioned the percentage of the ending fund balance. Ms. Bright provided clarification on the percentage. 2. Discussion regarding the new 10-Year Library Master Plan. (20 minutes) Library Systems Officer, Bob Miller, introduced Jen Sweeney with Sweeney & Associates. Ms. Sweeney provided a presentation to the council. Page 7 of 9 City Council Meeting Minutes June 6, 2023 Councilmember Vogt asked clarifying questions on the survey results and if new data will be collected now that the new library is open. She also asked for clarification on why employee skills and upskilling of staff were both listed as items being worked on. Ms Sweeney provided explanations to the council. Councilmember McCoy asked clarifying questions on space needs along with noting the wish to have kiosks at schools for students so they have access to the library even without having the means to get to it. Ms. Sweeney made note of the kiosk idea and explained space needs for the library system. Mayor Bacon asked when the Master Plan would be back. Mr. Miller stated the hope is at a July meeting. 11. EXECUTIVE SESSION A. Recess into 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 evaluation of the Municipal Judge. Motion by Gilmore, seconded by Vogt, to recess into 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 evaluation of the Municipal Judge Katie McElhinney for 30 minutes to return to council chambers at 8:54 PM. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Absent: Felter 12. RECONVENE FROM EXECUTIVE SESSION Mayor Bacon stated the council is pleased with the performance of Judge McElhinney. 13. ADDITIONAL ITEMS Councilmember McCoy reminded everyone that the first Olathe Live concert will be Friday night. Mayor Bacon asked if the sales tax oversight committee would continue. City Manager, Michael Wilkes, stated that decision is up to the council if they wish to continue it. Page 8 of 9 City Council Meeting Minutes June 6, 2023 Councilmember Vogt asked if the committee was beneficial and Councilmember McCoy stated he would like to see the committee continue. Mayor Bacon asked to survey the committee to see if they felt it was beneficial. 14. ADJOURNMENT The meeting adjourned at 9:00 PM. Eric Strimple Assistant City Clerk Page 9 of 9