City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 20, 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 Mayor Bacon announced that at the request of staff, items R, S, and T had been removed from the Consent Agenda and would be considered at a later date. 4. SPECIAL BUSINESS A. Consideration of Resolution No. 23-1038 appointing and reappointing members to the Mahaffie Stagecoach Stop and Farm Advisory Board. Mayor Bacon introduced Don Seifert, Board Chair, and presented him with a certificate of appointment. Mr. Seifert introduced the other appointees and Mayor Bacon presented each with a certificate. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1038. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 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 Master Resolution No. 23-1039 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 Page 1 of 11 City Council Meeting Minutes June 20, 2023 warehouse and distribution facilities on approximately 91-acre site located at the northwest corner of 167th Street & 169 Highway. John Page, Financial Strategy Manager, provided a short overview of the application. Mayor Bacon indicated the council had received an email from a citizen who was unable to attend the council meeting and participate in the public hearing. Councilmember Felter said she appreciated the email and the citizen's comments. No other comments were heard. 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 Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1039. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Public hearing and consideration of a Resolution No. 23-1040 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. John Page, Financial Strategy Manager, gave a presentation regarding the application. Councilmember Felter asked clarifying questions regarding pausing and restarting this IRB. City Attorney, Ron Shaver, provided more detailed information. No citizen comments were heard. Motion by Gilmore, seconded by Vogt to close the public hearing. The motion carried with the following vote: Page 2 of 11 City Council Meeting Minutes June 20, 2023 Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1040. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Ordinance No. 23-14 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $31,901,198 on behalf of OZN Chanute (Multi), LLC 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. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-14. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 6. CONSENT AGENDA Approval of the Consent Agenda Mayor Bacon announced at the beginning of the meeting that items R, S, and T were being pulled by staff and would be considered at a later date. Councilmember Essex asked for item I to be pulled and considered separately. Mayor Bacon asked for item F to be pulled and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of items F, I, R, S, 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 June 6, 2023. approved. B. Consideration of a new cereal malt beverage application. approved. C. Consideration of a renewal private club license. approved. Page 3 of 11 City Council Meeting Minutes June 20, 2023 D. Consideration of Resolution No. 23-1041 calling for a public hearing to levy assessments to collect unpaid city expenditures for mowing of weeds and removal of debris. approved. E. Consideration of Resolution No. 23-1042 (SU23-0006), requesting approval of a special use permit for an Animal Care - Veterinary Clinic use for Advanced Veterinary Care, on approximately 1.93 acres; located at 15150 S. Hamilton Street. Planning Commission recommends approval 5 to 0. approved. F. Request for the acceptance of the dedication of land for public easements for a final plat of Aldi Distribution Center, Second Plat (FP23-0013), containing one (1) lot and two (2) tracts on approximately 79.67 acres, located at 10505 S. K-7 Highway. Planning Commission approved plat 7 to 0. Mayor Bacon asked if this project was to allow for additional truck parking. Chet Belcher, Chief Community Development Officer, said it would provide additional truck parking for a staging area. Mayor Bacon asked additional questions about future development and the impact it might have on access to this complex. City Attorney, Ron Shaver, said there were on-going discussions regarding potential development. 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 Consent Calendar. approved. H. Consideration of Change Order No. 1 to the contract with McAnany Construction, Inc. for the construction of the Clare Road, College Boulevard to 106th Terrace, Improvements Project, PN 3-B-065-21. approved. I. Consideration of Agreement No. 383-23 with Kansas Department of Transportation (KDOT) for funding the ETALYC’s Hyperflow Pilot for Traffic Signal Performance Assessment project. Page 4 of 11 City Council Meeting Minutes June 20, 2023 Councilmember Essex asked for more details regarding this pilot program and how it would benefit the City. Nate Baldwin, City Engineer, explained how the device would work and the length of the program. Motion by Gilmore, seconded by Vogt, to approve item I. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex J. Consideration of Supplemental Agreement No. 2 with Black & Veatch Corporation for Construction Administration and Resident Project Representative services for the Olathe WTP2 Chemical Feed and Electrical Modifications and Improvements Project, PN 5-C-026-20 & 5-C-028-20. approved. K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Crossland Heavy Contractors, Inc. for construction of WTP2: Electrical Modifications and Improvements Project, PN 5-C-028-20, and the WTP2: Chemical Feed Modification Project, PN 5-C-026-20. approved. L. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Gunter Construction Company for construction of the Ridgeview and Santa Barbara Traffic Signal Improvements Project, PN 3-TS-002-21. approved. M. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Amino Brothers Company, Inc. for construction of 135th and Greenwood Geometric Improvements Project, PN 3-C-108-22. approved. N. Consideration of a Professional Services Agreement with HNTB Corporation for design of the Ridgeview Road Arterial Mill and Overlay Project, PN 3-P-002-24, Sheridan Street Arterial Mill and Overlay Project, PN 3-P-003-24, and Santa Fe Street Arterial Mill and Overlay Project, PN 3-P-004-24. approved. O. Consideration of a Professional Services Agreement with TREKK Design Group, LLC for design of the Ridgeview Road (N) Arterial Mill and Overlay Project, PN 3-P-001-24 and the Valley Parkway Arterial Mill and Overlay Project, PN 3-P-005-24. Page 5 of 11 City Council Meeting Minutes June 20, 2023 approved. P. Consideration of Professional Services Agreement with Affinis Corp. for design of the South Hamilton Circle Improvements Project, PN 3-R-001-24, and the South Hamilton Circle Waterline Rehabilitation Project, PN 5-R-001-24. approved. Q. Consideration of purchase of a submersible pump and impellers from Cogent, Inc. for the 159th St. Lift Station Improvement Project, PN 1-L-002-23. approved. R. Consideration of an Agreement with John A. Marshall Company for Furniture Package 1 for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff requested this item be withdrawn and considered at a later date. S. Consideration of an Agreement with John A. Marshall Company for Furniture Package 2 for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff requested this item be withdrawn and considered at a later date. T. Consideration of an Agreement with Encompas Corporation for Furniture Package 4 for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff requested this item be withdrawn and considered at a later date. 7. NEW BUSINESS A. Consideration of Resolution No. 23-1043 authorizing the issuance and delivery of the principal amount of the General Obligation Temporary Notes, Series 2023-A. John Page, Financial Strategy Manager, gave a short presentation. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1043. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Resolution No. 23-1044 and Ordinance No. 23-15 authorizing the issuance and delivery of the General Obligation Improvement Bonds, Series 2023A. Motion by Gilmore, seconded by Vogt, to approve Resolution 23-1044 and Ordinance 23-15. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Page 6 of 11 City Council Meeting Minutes June 20, 2023 C. Consideration of Resolution No. 23-1045 and Ordinance No. 23-16 authorizing the issuance, delivery, form and details of Water and Sewer System Improvement Revenue Bonds, Series 2023. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1045 and Ordinance No. 23-16. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember Felter said the City of Olathe had been named the 6th best place to live. She shared that the Olathe Live concerts had been great. She also acknowledged the stormwater crew and the customer service they had provided. She congratulated the new coffee shop, 7 Brews, on their ribbon cutting and Benton House on the groundbreaking for their expanded facility. Councilmember McCoy said he too had enjoyed the Olathe Live concerts and thanked the staff for all they did to make them happen. Councilmember Essex said she had participated in the Fourth Friday event and said it had been a great turn out. City Manager, Michael Wilkes, told the council that Chet Belcher, Chief Community Development Officer, was back working for the City. Mayor Bacon reminded everyone that the July 7th Olathe Live would be a benefit for the Olathe Mayor's Children's Fund. He also announced that he and Councilmember Essex had taken 3rd place in the Sunflower Wickets games. 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. Bridgette Moore, 1305 N Leeview Dr. spoke in favor of the possible Habitat for Humanity development. She also reminded the Council that June is Pride month. Page 7 of 11 City Council Meeting Minutes June 20, 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 2024 Community Development Block Grant (CDBG) funding recommendations. Report accepted. 2. Report regarding proposed amendments to Title 10 of the Olathe Municipal Code (the Olathe Traffic Ordinance). Report accepted. 3. Report regarding proposed amendments to Title 9 of the Olathe Municipal Code (the Olathe Public Offense Code). Report accepted. B. DISCUSSION ITEMS 1. Discussion of the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. Nate Baldwin, City Engineer, gave a short presentation regarding the 119th Street project and the impact it will have on the Woodland Road railroad crossing. Councilmember Felter stressed the importance of open communication with the community. She said she believed the trade off was worth it, but would hate for lack of communication to impact the success of the project. Councilmember Mickelson asked what the design would be and if barriers would be put up at the crossing. Mr. Baldwin said he thought there would likely be a cul-de-sac on the north side and no access on the south side. Councilmember Gilmore asked if they could have a copy of the presentation and Mr. Baldwin said he would send it as well as it would be posted on the City’s website. Page 8 of 11 City Council Meeting Minutes June 20, 2023 Councilmember McCoy asked about how streets in the neighborhood would be connected and Mr. Baldwin said they were always looking for ways to provide better connections. Mayor Bacon asked about modifications to the signals and Mr. Baldwin said those things would all be included in the cost estimate. Mr. Bacon said he thought this was a win/win situation. Councilmember Vogt asked about the design of 119th street and Mr. Baldwin said it would include connections to trails etc. Ms. Vogt thanked him and staff for watching the details carefully. 2. Legal Focus Area Update. City Attorney, Ron Shaver and Municipal Judge, Katie McElhinney, provided a Legal Department update for the Council. Councilmember McCoy asked about the ease of hiring for the staff vacancies. Judge McElhinney said hiring staff is a challenge. Councilmember Felter said she was pleased that the additional municipal judge was doing well. Judge McElhinney said having a second judge allows more opportunities for them to address mental health issues. She said they are pursuing a grant for a co-responder in the court and they also coordinate with Veterans Court of Johnson County. Ms. Felter also asked about the warrant purging that is being done. Judge McElhinney said if it was a person crime the victim is included. Ms. Felter also complimented the Judge on the school supply program she has implemented. 12. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: Motion by Gilmore, seconded by Vogt, to recess into preliminary discussion regarding the acquisition of real property pursuant to the exception provided in K.S.A. 75-4319(b)(6) pertaining to the acquisition of real property in south Olathe and To discuss personnel matters of non-elected personnel pursuant to the Page 9 of 11 City Council Meeting Minutes June 20, 2023 exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the Internal Auditor for 40 minutes and reconvening in the Council Chambers at 9:09 PM. The motion carried with the following motion: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Mayor Bacon reconvened the meeting at 9:09 PM. Councilmember Gilmore made a motion to return to executive session for 10 additional minutes, returning at 9:20 PM. The motion was seconded by Councilmember Vogt. Motion Passed 4-0, Mayor Bacon, Councilmembers Gilmore, Vogt, and Felter. A. For preliminary discussion regarding the acquisition of real property pursuant to the exception provided in K.S.A. 75-4319(b)(6) pertaining to land in south Olathe. Motion by Gilmore, seconded by Vogt, to authorize the City Attorney to finalize and the Mayor to execute a real estate contract with Richard M. Davis and Cheridah D. Davis for the acquisition of certain real property in south Olathe as directed by the governing body. The motion carried with the following vote Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. 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 Internal Auditor. Mayor Bacon and Councilmember Vogt both expressed their appreciation for the work Mary Ann Vasser, City Auditor, has provided to the City. 13. RECONVENE FROM EXECUTIVE SESSION 14. ADDITIONAL ITEMS Councilmember McCoy reminded everyone of the Fourth of July fireworks. Councilmember Felter expressed her concern for the significant number of vacancies and expired terms on the boards and committees. Mayor Bacon said there would be more appointments at the next council meeting and encouraged council members to share names of individuals who might like to serve. 15. ADJOURNMENT The meeting was adjourned at 9:33 P.M. Brenda D. Swearingian City Clerk Page 10 of 11 City Council Meeting Minutes June 20, 2023 Page 11 of 11