City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | October 3, 2023 | 7:00 PM City Council and Teen Council Dinner - City of Governors - 5:30 P.M. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Others in attendance were Deputy City Attorney Chris Grunewald. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution No. 23-1063 appointing and reappointing members to the Olathe Historic Preservation Board. Mayor Bacon introduced Tom Kearney, Board Chair for the Olathe Historic Preservation Board, to introduce the new and reappointed members. Mayor Bacon presented the new and reappointed members with certificates. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1063 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Recognition of the 2023-2024 Olathe Teen Councilmembers. C. Proclamation recognizing October as Disability Employment Awareness Month. Mayor Bacon read and presented the proclamation to Mark Gash, Chair of the Olathe Persons with Disabilities Advisory Board. Mr. Gash thanked the Mayor and Council for the proclamation and spoke about the strides Olathe has made to be a more inclusive city for those with a disability. Page 1 of 6 City Council Meeting Minutes October 3, 2023 D. Proclamation recognizing Oct 8-14, 2023 as Fire Prevention Week. Mayor Bacon read and presented the proclamation to Olathe Public Education Supervisor Clarisa Banks. Ms. Banks spoke about the importance of having working smoke alarms and also staying in the kitchen when cooking because the majority of house fires start in the kitchen. 5. PUBLIC HEARINGS A. Public Hearing and consideration to amend Resolution No. 21-1055 to increase the aggregate amount of the industrial revenue bonds issued by the City in an amount not to exceed $73,100,000 to 175 Commerce Center One, LLC for construction of a 1,123,470 square foot industrial building located at the northwest corner of 175th Street and Hedge Lane. Financial Strategy and Procurement Manager John Page provided a brief presentation to the council on the item. Mayor Bacon invited public comments for the public hearing. None 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. 23-1064, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 23-25 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $73,100,000 to 175 Commerce Center One, LLC for construction of an approximately 1,071,139 square foot industrial facility located at the northwest corner of 175th Street and Hedge Lane. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-25, as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 6. CONSENT AGENDA Page 2 of 6 City Council Meeting Minutes October 3, 2023 Mayor Bacon noted item E had travel dates of November 3-5, 2023. They should have been November 4-6, 2023. Councilmember McCoy 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 item F. 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 September 19, 2023 meeting. Approved B. Consideration of a new cereal malt beverage application. Approved C. Consideration of renewal drinking establishment applications. Approved D. Consideration of business expense statement for the City Manager Michael Wilkes attending a LKM meeting in McPherson Kansas on September 7 and 8th, 2023. Approved E. Consideration of Travel Request Authorization for City Manager Michael Wilkes to travel to Milwaukee, Wisconsin to attend an Alliance For Innovation meeting from November 4th to the 6th. Approved F. Consideration of Travel Request Authorization for City Manager Michael Wilkes and Councilmembers Wes McCoy and LeEtta Felter to travel to Atlanta, Georgia to attend the National League of Cities conference, November 15th -19th. Councilmember McCoy stated he pulled the item to note he would not be traveling and did not want his travel expenses considered. Motion by Gilmore, seconded by Vogt, to approve item F with the removal of Councilmember McCoy. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex G. Consideration of Resolution No. 23-1065 (SU23-0008), requesting approval of a renewal of a special use permit for Motor Vehicle Rentals for Avis Rent-a-Car, on approximately 0.44 acres; located at 1804 E. Santa Fe Street. Planning Commission recommended approval 8 to 0. Page 3 of 6 City Council Meeting Minutes October 3, 2023 Approved H. Consideration of Consent Calendar. Approved I. Consideration of Resolution No. 23-1066 authorizing the Police Firing Range Project, PN 6-C-017-23. Approved J. Consideration of an Agreement with Nabholz Construction for Construction Management services for the Olathe Animal Shelter Project PN 6-C-007-23. Approved K. Consideration of award of contract to INSCO Industries, Inc. for the rehabilitation and recoating of City monument fountains on 119th St. and 135th St. Approved L. Consideration of renewal of contract with Q4 Industries for janitorial supplies. Approved 7. NEW BUSINESS A. Consideration of Ordinance No. 23-26 (VAC23-0001), requesting approval to vacate a permanent water quality & quantity drainage easement, located at 15000 S. Quivira Road. Planning Commission recommends approval 8-0. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-26 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance 23-27 (ANX23-0001) requesting approval to annex approximately 130.94 acres of land, located southwest of W. 159th Street and S. Black Bob Road (ANX23-0001), into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-27 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember McCoy thanked city staff for all they do to assist citizens and councilmembers. Page 4 of 6 City Council Meeting Minutes October 3, 2023 Councilmember Felter congratulated Chief Communications and Marketing Director Cody Kennedy for being recognized as the inaugural Kansas Communicator of the Year. She also noted the City received 122 million dollars to help with the I-35 corridor project. Ms. Felter mentioned the Art Festival on October 6th and 7th and the Olathe Boys and Girls Club raised $263,000 at their Tour de Fork. Councilmember Essex congratulated Cody Kennedy for his recognition. She also mentioned councilmembers toured the Salvation Army Lodge where 98% of individuals going through the program do not experience homelessness again. Councilmember Mickelson congratulated Cody Kennedy for earning Kansas Communicator of the Year. Councilmember Vogt congratulated Mr. Kennedy for his recognition. She also applauded the Solid Waste Department for making sure trash is taken care of and thanks the Fire Department for their quick response to her questions last week on the blasting at 119th St. Councilmember Gilmore stated the next step for the I-35 corridor project is working to obtain federal funds to help with the project and stated the project will start in 2028-2029. He also congratulated MidAmerica Nazarene University for the groundbreaking of the new sports complex. Mayor Bacon mentioned the art festival and that I-35 is estimated to go from 118k cars a day to approximately 150k cars a day by 2025. 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. Robert Hinds, 18325 W 156th St, spoke about his concerns for the world and offered the council thanks for what they do. Page 5 of 6 City Council Meeting Minutes October 3, 2023 11. ADDITIONAL ITEMS Councilmember McCoy stated he was impressed with the teen council and appreciates the issues they focus on. Councilmember Felter thanked Mr. Hinds for his comments. Mayor Bacon asked if the abatement policy currently asks if a foreign majority owned interest exists in the company. Economy Director Jamie Robichaud, stated the policy would be coming back in November for review and they would look into language that could be added. 12. ADJOURNMENT The meeting adjourned at 7:59 P.M. Eric Strimple Assistant City Clerk Page 6 of 6