City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | October 17, 2023 | 7:00 PM Economic Development Strategic Plan Presentation - Dinner at 5:15 PM Present: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA Approval of the Consent Agenda Councilmember Felter asked for items R, S, and T to be removed and considered separately. Councilmember Vogt asked for item AC to be removed and considered separately. Councilmember Essex asked for item Z to be removed and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of items R, S, T, Z, and AC. The motion carried by the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson A. Consideration of approval of the City Council meeting minutes of October 3, 2023. approved. B. Consideration of a renewal drinking establishment application. approved. C. Consideration of a cereal malt beverage application for calendar year Page 1 of 10 City Council Meeting Minutes October 17, 2023 2024. approved. D. Consideration of a business expense statement for the City Manager, Michael Wilkes, to attend the International City/County Management Association conference in Austin, Texas. approved. E. Consideration of Resolution 23-1067: Investment and Cash Management Policy. approved. F. Consideration of proposal and acceptance of award of contract to Allen, Gibbs, & Houlik L.C. for audit services for the City of Olathe. approved. G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Olathe Senior Villas (FP23-0022), containing one (1) lot and one (1) tract on approximately 4.73 acres, located northeast of W. Dennis Avenue and S. Ferrel Drive. Planning Commission approved the plat 7 to 0. approved. H. Request for the acceptance of the dedication of land for public easements for a final plat of Santa Fe Square Shopping Center, Second Plat (FP23-0023), containing one (1) lot and two (2) tracts on approximately 2.34 acres, located at 13515 S. Mur-Len Road. Planning Commission approved the plat 6 to 0. approved. I. Consideration of Consent Calendar. approved. J. Consideration of Change Order No. 1 to the contract with Wiedenmann, Inc. for construction of the Cedar Creek WWTP - Junction Box Repair Project, PN 1-C-022-22. approved. K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Infrastructure Solutions, LLC for construction of the 2022 Lift Station Replacement, Prairie Farms and Mission Ridge Improvements Project, PN 1-L-001-22 & 1-L-002-22. approved. L. Consideration of Engineer’s Estimate, acceptance of bids, and award of contract to Kansas Heavy Construction, LLC for construction of the 2023 Storm System Rehabilitation Improvements Project, PN 2-R-005-23 & 2-R-006-23. approved. Page 2 of 10 City Council Meeting Minutes October 17, 2023 M. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Superior Bowen Asphalt Company, LLC for construction of the Hedge Lane, 167th to 171st, Benefit District Project, PN 3-B-085-22. approved. N. Consideration of Supplemental Agreement No. 2 with Olsson, Inc., for the design of the Black Bob Road, 153rd Terrace to 159th Street, Improvements Project, PN 3-C-041-23. approved. O. Consideration of Supplemental Agreement No. 2 with Olsson, Inc., for the design of the Black Bob Road, 159th Street to 167th Street, Improvements Project, PN 3-C-008-22. approved. P. Consideration of Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the Indian Creek - Lindenwood, Jamestown to Arrowhead, Stormwater Improvement Project, PN 2-C-016-22. approved. Q. Consideration of a quote from Industrial Sales Company, Inc. for stormwater pipe. approved. R. Consideration of a Professional Services Agreement with ETALYC, Inc. for Traffic Signal Performance Assessment. Councilmember Felter asked for this item to be considered separately so she could highlight the great work City staff had done. Motion by Gilmore, seconded by Vogt, to approve consent item R. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson S. Consideration of Supplemental Agreement No. 1 with GLMV Architecture, Inc. for the design of the Sidewalk Improvements Project, PN 3-C-072-23. Councilmember Felter pulled this item to be considered separately so she could thank staff for creating additional safe walkways for the community. Motion by Gilmore, seconded by Vogt, to approve consent item S. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Page 3 of 10 City Council Meeting Minutes October 17, 2023 Absent: Mickelson T. Consideration of a Professional Service Agreement with Hydromax USA, LLC for the investigation of a water transmission main for the p-CAT Investigation Project, PN 5-C-020-22. Councilmember Felter asked for this item to be considered separately so staff could provide more information about the tool. City Engineer, Nate Baldwin, gave more detail of how this tool will work to provide information about the City's water mains. Motion by Gilmore, seconded by Vogt, to approve consent item T. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson U. Consideration of a Professional Services Agreement with Burns and McDonnell Engineering Company, Inc. for professional assistance with sewer related funding and grant opportunities associated with the WIFIA Application Support Project, PN 1-C-024-23. approved. V. Renewal of contract with Key Equipment & Supply Company, Inc. for the replacement of automated CNG side-loaders for Infrastructure. approved. W. Consideration of award of contract to Kaw Valley Engineering, Inc. for Geotechnical and Testing Services for Infrastructure. approved. X. Consideration of Resolution No. 23-1068 authorizing the Facility Renovations and Improvements Project, PN 6-C-038-24. approved. Y. Consideration of renewal of contract with Dr. Lindsey Crawford, DVM for veterinarian services at the Olathe Animal Shelter. approved. Z. Consideration of spending authorization with ArbiterSports for youth sports referee services. Councilmember Essex asked for this item to be considered separately and asked staff for clarification. Shannon Broughton, Recreation Manager, provided additional explanation. Motion by Gilmore, seconded by Vogt, to approve consent item Z. The Page 4 of 10 City Council Meeting Minutes October 17, 2023 motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson AA. Consideration and approval for renewal of contract with LeadsOnline for use in criminal investigations. approved. AB. Consideration of award of contract to Shawnee Mission Ford and Yeager’s Cycle Sales for the purchase and replacement of vehicles for the Police Department. approved. AC. Acceptance of bid and consideration of award of contract to Pinnacle Emergency Vehicles LLC., for the purchase of one (1) Mobile Integrated Health (MIH) Ambulance for the Fire Department. Councilmember Vogt asked for this item to considered separately to gain clarification on why the Council was being asked to approve the purchase of another ambulance since they had done so just a year ago. Fire Chief, Jeff DeGraffenreid, explained that due to supply shortages, the department had to choose a different vendor for the equipment they needed. Motion by Gilmore, seconded by Vogt, to approve consent item AC. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 5. NEW BUSINESS A. Consideration of Ordinance No. 23-28, RZ23-0006, requesting approval of a rezoning from the CP-O (Planned Office Building) District to the C-1 (Neighborhood Center) District and a preliminary site development plan for Lot 4 of Asbury Centre on approximately 2.84 acres; located northwest of W. 159th Street and S. Ridgeview Road. Planning Commission recommended approval 8 to 0. Senior Planner, Emily Carrillo, gave a presentation regarding this re-zoning request. Councilmember Gilmore asked additional questions about the difference between fast food and fast casual. Ms. Carrillo provided Page 5 of 10 City Council Meeting Minutes October 17, 2023 some of the distinctions between the two types of restaurants. Mayor Bacon asked if there had been any protests received and Ms. Carrillo said there had been none. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-28. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson B. Consideration of Resolution No. 23-1069 recognizing the growing problem of antisemitism and calling for the adoption of the International Holocaust Remembrance Alliance working definition of antisemitism as an important tool to address the problem. Tim Danneberg, External Affairs & Issues Management Director, gave a presentation explaining the proposed Resolution. Councilmember Felter asked about the 11 examples referenced in section one of the resolution. She asked that they be read so citizens would understand the reference and what it meant. Mr. Danneberg read the examples. 1. Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion. 2. Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective - such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions. 3. Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews. 4. Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust) Page 6 of 10 City Council Meeting Minutes October 17, 2023 5. Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust. 6. Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations. 7. Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor. 8. Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation. 9. Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis. 10. Drawing comparisons of contemporary Israeli policy to that of the Nazis. 11. Holding Jews collectively responsible for actions of the state of Israel. Motion by Gilmore, seconded by Vogt to approve Resolution No. 23-1069. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 6. NEW CITY COUNCIL BUSINESS Councilmember Vogt said the world events of the past week had saddened her and she could not understand discrimination. Councilmember Gilmore said the timing of the antisemitism resolution was not a reaction to the events in Israel but more about how we treat people in our own community. Councilmember McCoy reminded the community about the trick or treating Page 7 of 10 City Council Meeting Minutes October 17, 2023 event scheduled for October 27th at the Olathe Community Center. Councilmember Felter thanked staff for their work on the resolution. She also recognized City Manager, Michael Wilkes, for his leadership of the League of Kansas Municipalities. She thanked the Boy Scout troop for attending council meeting and leading the pledge. Ms. Felter shared about the Art Festival and thanked the art council for their hard work. She congratulated the Solid Waste team for their food compost project and the Fire Department for their successful open house. Mayor Bacon announced that City Manager, Michael Wilkes, would be receiving the Michael Copeland Civic Leadership award at MidAmerica Nazarene University. He also invited the community to purchase tickets for the Mayor's Children's Fund event at First Watch. 7. END OF TELEVISED SESSION 8. 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. None. 9. 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. Report regarding proposed amendments to Chapter 6.06 of the Olathe Municipal Code (Environmental Quality) pertaining to summary and accelerated abatement of accumulated rubbish and garbage. Report accepted. B. DISCUSSION ITEMS 1. Economy Focus Area Update. Jamie Robichaud, director of Economy, gave a department update. Page 8 of 10 City Council Meeting Minutes October 17, 2023 Councilmember Felter asked if the presentation could be emailed to the Council and Ms. Robichaud said she had sent it just prior to the meeting. Ms. Felter said she believed the City has a quality workforce. Mayor Bacon and Councilmember Gilmore both thanked Ms. Robichaud for her and her team's work. 10. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Recess into an executive session for Preliminary discussion regarding the acquisition of real property pursuant to the exception provided in K.S.A. 75-4319(b)(6) pertaining to the improvement of Langley Street, PN 3-C-105-23. Motion by Gilmore, seconded by Vogt, to recess into an executive session for preliminary discussion regarding the acquisition of real property pursuant to the exception provided in K.S.A. 75-4319(b)(6) pertaining to the improvement of Langley Street, PN 3-C-105-23 and 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 City Manager for 30 minutes and the open meeting will resume in the City Council Chamber at 8:30 PM. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Absent: Mickelson 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 City Manager. Motion by Gilmore, seconded by Vogt, to recess into an executive session for preliminary discussion regarding the acquisition of real property pursuant to the exception provided in K.S.A. 75-4319(b)(6) pertaining to the improvement of Langley Street, PN 3-C-105-23 and 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 City Manager for 30 minutes and the open meeting will resume in the City Council Chamber at 8:30 PM. The motion carried with the following vote: Yes: McCoy, Bacon, Vogt, Gilmore, Felter, and Essex Page 9 of 10 City Council Meeting Minutes October 17, 2023 Absent: Mickelson At 8:30 PM, Mayor Bacon and Councilmembers Essex, Felter and Gilmore, reconvened the open meeting in the Council Chamber. Mayor Bacon made a motion to recess again into executive session for an additional 15 minutes, with the open meeting reconvening in the City Council Chamber at 8:45 PM. The motion was seconded by Felter and passed 4-0. 11. RECONVENE FROM EXECUTIVE SESSION A motion was made on Executive Session Item A by Councilmember Gilmore and seconded by Councilmember Vogt to authorize the acquisition of real property for the improvement of Langley Street, PN 3-C-105-23, as discussed with and directed by the governing body. The motion carried 6-0. There was no need for a motion for Executive Session Item B. 12. ADDITIONAL ITEMS Councilmember McCoy mentioned the State of the City would be held on October 27th. Councilmember Essex suggested the next council meeting begin at 6:00 PM because it would be the night of the general election. The consensus of the council was to move the starting time of the November 7th council meeting to 6:00 PM. 13. ADJOURNMENT The meeting was adjourned at 8:48 PM. Brenda D. Swearingian City Clerk Page 10 of 10