City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | September 5, 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. Consideration of Resolution No. 23-1058 appointing and reappointing members to the Planning Commission Mayor Bacon presented Commission Chair, Wayne Janner with his certificate. Chairman Janner introduced the other commission members being appointed and reappointed. They all were presented with a certificate from Mayor Bacon as well. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1058 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Proclamation recognizing Sept. 15 - Oct. 15 as Hispanic Heritage Month. Mayor Bacon read and presented the proclamation to Olathe business owner and resident, Juan Bernal. Mr. Bernal thanked the mayor and council for the proclamation and spoke about the importance of Hispanic Heritage Month. C. Proclamation recognizing September as Deaf Cultural Month. Mayor Bacon read and presented the proclamation to Olathe Page 1 of 9 City Council Meeting Minutes September 5, 2023 Municipal Court Administrator, Kristi Orbin. Ms. Orbin thanked the mayor and council for the proclamation and spoke about what Deaf Cultural Month showcases. D. Presentation by Johnson County Commissioners Shirley Allenbrand and Michael Ashcraft; County and City Collaborations. Johnson County Commissioners, Shirley Allenbrand and Michael Ashcraft, provided a brief presentation to the council, going over projects that the County and City have collaborated on. Councilmember Felter asked to schedule a time to meet with Commissioner Allenbrand to talk more about workforce development. Councilmember Gilmore stated the collaboration that the county and city benefit from is intentional. Mayor Bacon thanked both commissioners for coming and that he is looking forward to more collaboration in the future. 5. PUBLIC HEARINGS A. Public Hearing and consideration of resolution No. 23-1059 requested by 167 Logistics Centre West, LLC for issuance of industrial revenue bonds for the construction of a 438,314 square foot industrial/warehouse building on approximately 22.55 acres of land on the northeast corner of 167th Street and Monticello Road. Financial Strategy and Procurement Manager, John Page, provided a brief presentation to the council. Councilmember Mickelson noted the cost benefit factor was better than most the council see and asked what the driving factor was behind that. Mr. Page offered to look into it, but assumed the higher starting salary is a driving factor. Ben Bigham, 8737 Dan Boone Rd, Kansas City, Mo. stated that Faith Technology is expanding so the salary data is correct. Mayor Bacon invited public comments, none heard. Motion by Gilmore, seconded by Vogt, to close the public hearing. The Page 2 of 9 City Council Meeting Minutes September 5, 2023 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. 23-1059, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 6. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda as presented. 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 for the August 15, and the August 22, 2023 meetings. Approved B. Consideration of renewal drinking establishment applications. Approved C. Consideration of a cereal malt beverage application for calendar year 2023. Approved D. Consideration of Travel Request Authorization for City Manager, Michael Wilkes and councilmembers to travel to the League of Kanas Municipalities conference in Wichita, Kansas on October 7 through October 9, 2023. Approved E. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Advanced Veterinary Care (FP23-0017), containing two (2) lots and one (1) tract on approximately 4.04 acres, located at 19675 W. 151st Terrace. Planning Commission approved the plat 8 to 0. Approved F. Request for the acceptance of the dedication of land for public easements for a final plat of Stratton Oaks West III (FP23-0021), containing two (2) lots and two (2) tracts on approximately 3.65 acres, located northeast of S. Woodsonia Drive and W. 113th Street. Planning Commission approved the plat 8 to 0. Approved G. Consideration of Consent Calendar. Page 3 of 9 City Council Meeting Minutes September 5, 2023 Approved H. Consideration of Supplemental Agreement No. 2 with HNTB Corporation for design of the Santa Fe, Ridgeview to Mur-Len, Improvements Project, PN 3-C-025-18. Approved I. Consideration of Agreement No. 467-23 with the Kansas Department of Transportation (KDOT) for funding the Cedar Creek Trail Phase III Project, PN 4-C-009-24. Approved J. Consideration of a Professional Services Agreement with McAfee Henderson Solutions, Inc. for design of the Cedar Creek Trail Phase III project, PN 4-C-009-24. Approved K. Consideration of a Grant Agreement with the U.S. Department of Transportation/Federal Highway Association for funding the Safety Action Plan Project, PN 3-C-088-23. Approved L. Consideration of Supplemental Agreement No. 3 with HDR Engineering, Inc. for the design of the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. Approved M. Consideration of award of contract to Boone Brothers Roofing for roofing replacement, repair, and maintenance Services. Approved N. Consideration of a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for design of the City of Olathe Solid Waste Transfer Station Expansion Project, PN 6-C-023-20. Approved 7. NEW BUSINESS A. Consideration of Resolution No. 23-1060 authorizing a survey and description of land or interest to be condemned for the 119th Street, Woodland Road to Northgate Street, Improvements Project, PN 3-C-024-21. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1060 as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex No: Mickelson B. Consideration of Ordinance No. 23-20 approving an engineer’s survey Page 4 of 9 City Council Meeting Minutes September 5, 2023 and authorizing the acquisition of land for the 119th Street, Woodland Road to Northgate Street, Improvements Project, PN 3-C-024-21. Councilmember Mickelson asked if any amendments were needed to the item before voting since there was a wrong date listed as January 1, 2023. City Attorney, Ron Shaver, stated since the error was only on the Summary of the Council Agenda Item no amendment was needed. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-20 as presented, the motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex No: Mickelson C. Consideration of Ordinance No. 23-21 adopting the 2024 City of Olathe Budget. Councilmember Essex thanked staff for their hard work and acting on several of the Council's suggestions. She added she was also very happy with the 1 mill decrease being proposed and mentioned the new low income property tax program and how it will help reduce or eliminate the city portion of property tax for qualified individuals. She wants to see this trend continue without hurting the quality of services. Councilmember Mickelson noted this will be the second year of a mill levy decrease and supports the stair step approach to reducing the mill so we can work to avoid a seesaw effect. He added that he likes the direction the city is going and encourages future councils to continue to work on lowering the mill levy. Councilmember Gilmore noted he was not in support of the budget as it has been presented. He added while there is an unprecedented decrease in the proposed mill levy, there has also been an unprecedented increase in property valuations. He added that supporting staff, police and fire are all important to him, but if the property values had not increased, we would have been asking for an increase to the mill levy by 9.2%, which he feels is too much. Councilmember Vogt thanked Councilmember Gilmore for his comments and appreciates when they have differences of opinions because it makes them better as a council. She stated that Olathe Page 5 of 9 City Council Meeting Minutes September 5, 2023 has the second lowest mill levy in the state even with the quality of services provided and wants to make sure the city maintains the current mill levy and keeps quality staff, along with avoiding financing smaller projects. She noted multiple projects being funded that will increase the quality of life for Olathe residents. Councilmember Felter thanked staff for the data and being responsive to questions from the councilmembers. She stated she wants to see a focus on programs that provide financial relief for fixed income individuals. She was also proud to see a mill levy decrease and the way the city worked to achieve it. Councilmember McCoy appreciated all the comments made by Councilmember Vogt and thanked the county for the partnerships on projects. He stated with public safety being a top priority, including a new fire station, partnerships are important. He noted other large projects the city is looking at for the future and hopes that future councils work with city staff to keep these projects moving forward. Mayor Bacon thanked staff for putting the budget together and noted that the city is not insulated from inflation, but we want to keep the city moving forward with projects so rolling back everything at once doesn't make sense. He added that rolling the mill levy back by 1 mill is the first time in his career. Motion by Vogt, seconded by Mickelson, to approve Ordinance No. 23-21 adopting the 2024 City of Olathe Budget. The motion carried by the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Felter, and Essex No: Gilmore D. Consideration of Resolution No. 23-1061 adopting the 2024-2028 Capital Improvement Plan. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1061, adopting the 2024-2028 Capital Improvement Plan. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex E. Consideration of Resolution No. 23-1062 establishing a “Comprehensive Listing of Fees and Charges.” Page 6 of 9 City Council Meeting Minutes September 5, 2023 Mayor Bacon noted staff provided an update to the comprehensive list of fees, with changes related to bulk item pickup. Councilmember Vogt asked how citizens will be notified of the proposed bulk item pick up rate changes. Infrastructure Deputy Director, Beth Wright, stated staff will be very intentional at looking at the trash app and other resources to help people understand the consequences of multiple bulk item pick ups. Mayor Bacon asked Ms. Wright to explain what staff is trying to be accomplished with the change. Ms. Wright stated they are seeing individuals with between 1 and 22 pick ups a year and they are trying to consolidate the frequency to help keep neighborhoods nice for all. Motion by Gilmore, seconded by Vogt to approve Resolution No. 23-1062, establishing a Comprehensive Listing of Fees and Charges. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember Mickelson wished good luck to the Kansas City Chiefs. Councilmember Felter thanked staff for their hard work on the budget. She also noted the animal shelter was at capacity and have reduced adoption fees to help. She also stated the Police Department offers a free program called Operation Lifeline for residents who are retired or self care individuals who have no family to check up on them. She also mentioned the low rider bike club ribbon cutting and what they do for youth in the community. Councilmember McCoy stated it has been a privilege to serve as a liaison to the courts and mentioned ways that the courts work to treat individuals as customers and the unique ways to lower fines through projects like school supplies for fines. Councilmember Vogt thanked staff for all the work on the budget and the CIP. Mayor Bacon stated the low rider bike club has a 100% graduation rate and Page 7 of 9 City Council Meeting Minutes September 5, 2023 mentioned an upcoming public meeting for the I-35 and Santa Fe road project that will be held on September 14th from 4:30 - 6:30 pm at Indian Creek Library. 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.gov 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. Charles Cecil, 16049 S Brookfield St, Olathe, spoke about his concerns for student safety at school crossings. Steve Roberts, 12145 S Water Street, spoke about truck traffic on Woodland and that there has been no abatement to it yet. 11. CONVENE FOR PLANNING SESSION If report items are present, they have been 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. Quarterly Procurement Report Councilmember McCoy noted that there were multiple COIs that were expired in the procurement report. Financial Strategy and Procurement Manager, John Page, state the COIs in the packet are the original COIs when the contract was established, but new COIs were on file. Report accepted. 12. ADDITIONAL ITEMS Councilmember Felter asked for Chief Butaud to check on the issue with the crossing guard that spoke during general concerns. Councilmember McCoy stated Old Settlers Days is this weekend. Mayor Bacon asked if there were reports we could get for the crossing guard areas. City Manager, Michael Wilkes, said they would work on getting some data for the council. Page 8 of 9 City Council Meeting Minutes September 5, 2023 13. ADJOURNMENT The meeting adjourned at 8:27 PM. Eric Strimple Assistant City Clerk Page 9 of 9