City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | November 21, 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 and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Proclamation recognizing November as Native American Heritage Month. Mayor Bacon read and presented the proclamation to Asyiah Montes, Johnathan Young, and Echo Miller, Olathe Northwest students and members of the school's Diversity Leadership Club. B. Proclamation recognizing November 25, 2023 as Small Business Saturday. Mayor Bacon introduced Casey Wilhm, with the Olathe Chamber of Commerce. Mr. Wilhm introduced Nate Riley, owner of Marco Polo Selections, and Mayor Bacon presented the proclamation. C. Report from the Street Maintenance Sales Tax (SMST) Financial Oversight Committee on the 2022 activities. Mayor Bacon invited Carrie Rezac, Street Maintenance Sales Tax Oversight Committee Chair to the podium. Ms. Rezac provided the Council with a report regarding the 2022 activities. Mayor Bacon thanked Ms. Rezac for the report and said it was very well done. 5. CONSENT AGENDA Page 1 of 11 City Council Meeting Minutes November 21, 2023 The items listed below are considered to be routine by the City Council and may be approved in one motion. These may include items that have been reviewed by the City Council in a prior planning session. There will be no separate discussion unless a council member requests that an item be removed from the consent agenda and considered separately. Approval of the Consent Agenda Councilmember Felter asked for items F and Z to be removed from the consent agenda and considered separately. Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of items F and Z. 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 November 7, 2023. approved. B. Consideration of a renewal drinking establishment application. approved. C. Consideration of cereal malt beverage applications for calendar year 2024. approved. D. Consideration of business expense statement for the City Manager, Michael Wilkes to attend the Alliance for Innovation conference in Milwaukee, Wisconsin, November 3-5. approved. E. Consideration of Workers’ Compensation Third Party Administration Services effective January 1, 2024. approved. F. Consideration of contract with Cigna to provide stop loss insurance for the self-funded City health and prescription program. Councilmember Felter had asked for this item to be removed and considered separately so she could thank staff for their work on this contract. 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 and acceptance of bid from NorthStar Utilities Solutions, the current utility billing CIS vendor, to migrate our on-premise hosting to cloud-based hosting. Page 2 of 11 City Council Meeting Minutes November 21, 2023 approved. H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of I-35 Logistics Park, Seventh Plat (FP23-0026), containing one (1) lot and two (2) tracts on approximately 57.12 acres, located northwest of 159th Street and Green Street. Planning Commission approved the plat 8 to 0. approved. I. Request for the acceptance of the dedication of land for public easements and right-of-way for a final plat of United Industrial Park, Third Plat (FP23-0028) containing one (1) lot on approximately 11.84 acres; located at 400-500 N. Rogers Road. Planning Commission approved the plat 8-0. approved. J. Consideration of Consent Calendar. approved. K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Crossland Heavy Contractors, Inc. for construction of the Black Bob Pump Station Site and Piping Improvements Project, PN 5-RF-001-22. approved. L. Consideration of Resolution 23-1071 authorizing additional funds for the Sunset and Ridgeview Intersection Improvements, PN 3-C-013-20. approved. M. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Gunter Construction Company for construction of the Sunset and Ridgeview Intersection Improvements Project, PN 3-C-013-20. approved. N. Consideration of Resolution No. 23-1072 authorizing the Fire Station No. 9 project, PN 6-C-013-23, and amending Resolution 23-1028. approved. O. Consideration of an Agreement with Finkle + Williams, Inc. for design services for the Fire Station No. 9 project, PN 6-C-013-23. approved. P. Consideration of an Agreement with J.E. Dunn Construction Company for construction management services for the Fire Station No. 9 project, PN 6-C-013-23. approved. Q. Consideration of Resolution No. 23-1073 authorizing the Fire Station No. 1 project, PN 6-C-016-24. Page 3 of 11 City Council Meeting Minutes November 21, 2023 approved. R. Consideration of an Agreement with Finkle + Williams, Inc. for design services for the Fire Station No. 1 project, PN 6-C-016-24. approved. S. Consideration of an Agreement with Centric Projects, LLC for construction management services for the Fire Station No. 1 project, PN 6-C-016-24. approved. T. Consideration of an Agreement with Johnson County for funding the construction of the 2023 Storm System Rehabilitation Improvements Project (Watershed 2), PN 2-R-005-23. approved. U. Consideration of an Agreement with Johnson County for funding the construction of the 2023 Storm System Rehabilitation Improvements Project (Watershed 6), PN 2-R-006-23. approved. V. Consideration of award of contract to Phoenix Concrete for concrete installation and repair services for various City Departments/Divisions. approved. W. Consideration of award of contract to Insco Industries for painting services. approved. X. Consideration of award of contract to Labworks LLC for the purchase of a Laboratory Information Management System for the Environmental Services Division of Infrastructure. approved. Y. Consideration of contract with Alliance Workforce and Sovereign Staffing for temporary staffing services. approved. Z. Consideration of a Sidewalk Construction and Reimbursement Agreement with Lanesra Battle Creek, LLC. Councilmember Felter asked for this item to be considered separately to allow her to recuse herself from the vote. Motion by Gilmore, seconded by Vogt to approve item Z. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex Recused: Felter AA. Consideration of bid and award of project to Mayer Specialty Services, Page 4 of 11 City Council Meeting Minutes November 21, 2023 LLC for CMP Pipe Lining Project, PN 2-R-007-23. approved. BB. Consideration of purchase of Casco fire boots and approval of contract with Casco. approved. CC. Acceptance of bid and consideration of award of contract to SVI Trucks, for the purchase of one Squad for the fire department. approved. DD. Acceptance of bid and consideration of award of purchase to CCG Safety Gear LLC. for the purchase of Ballistic Body Armor. approved. EE. Acceptance of bid and consideration of award of purchase to Ka-Comm, Inc. for the purchase of Harris portable radios. approved. FF. Consideration of award of contract to Rogue Fitness for the purchase of fitness equipment for the Police Department. approved. 6. NEW BUSINESS A. Consideration of Ordinance No. 23-30 authorizing issuance of the City's taxable industrial revenue bonds in an amount not to exceed $13,575,000 for the construction of a 140,490 square foot industrial facility at the northeast corner of 159th Street and Lone Elm Road. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-30. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 23-31 (ANX23-0002) requesting approval to annex approximately 95.63 acres, located northwest of 167th Street and I-35, into the corporate boundaries of the City of Olathe. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-31. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Ordinance No. 23-32 (VAC23-0002), requesting approval to vacate a public utility easement; located at 685 N. Rawhide Drive. Planning Commission recommended approval 7-0. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-32. The motion carried with the following vote: Page 5 of 11 City Council Meeting Minutes November 21, 2023 Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex D. Consideration of Ordinance No. 23-33 (VAC23-0003), Vacation of a Portion of Existing Right-of-Way, located Southeast of Old Highway 56 and Enterprise Street. Planning Commission recommended approval 8-0. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-33. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex E. Consideration of Ordinance No. 23-34 (RZ23-0007), requesting approval of a rezoning from the C-2 (Community Center) District to the D (Downtown Core) District and the D (Mixed Use) District in Downtown Olathe. Planning Commission recommended approval 7 to 0. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-34. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex F. Consideration of Ordinance No. 23-35 (RZ23-0004), requesting approval of a rezoning from the MP-2 (Planned General Industrial) District to the R-4 (Residential Medium-Density Multifamily) District and a preliminary site development plan for the K7 & College Multifamily Development on approximately 30.06 acres; located northeast of College Boulevard and K-7 Highway. Planning Commission’s motion to approve the rezoning failed 4 to 4. Planning and Development Manager, Kim Hollingsworth, and Chief Community Development Officer, Chet Belcher, gave a presentation regarding this project. Ms. Hollingsworth presented information about the land use and Mr. Belcher provided information regarding the site plan. Councilmember McCoy asked questions about the traffic study and the street access to the area. Mr. Belcher said Woodsonia would be the main access for the project and Monticello would remain the access for Aldi. Councilmember Vogt asked about what concerns citizens had expressed and Ms. Hollingsworth said their concerns centered around the site improvements. Page 6 of 11 City Council Meeting Minutes November 21, 2023 Councilmember Gilmore asked what happens if the stipulations were not met and Mr. Belcher said they would not be eligible for a certificate of occupancy until they were. Motion by Gilmore, seconded by Vogt to approve Ordinance No. 23-35. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Essex No: Felter 7. NEW CITY COUNCIL BUSINESS Councilmember Felter acknowledged outreach activities of the fire department. She also mentioned that she had attended the National League of Cities along with four teen council members and City staff. She congratulated the police officers who had received awards for valor. Councilmember McCoy talked about the volunteer reception when the City recognized the many volunteers throughout the City. He also said the Community Prayer Breakfast was a great event. Councilmember Gilmore wished everyone Happy Thanksgiving and congratulated Dean Vakas on his successful council member campaign. Councilmember Vogt said she was grateful for the community, volunteers and City staff. She wished everyone Happy Thanksgiving. Councilmember Mickelson said that in an interest of time he had not pulled consent items to talk about, but wanted to point out the great work of staff on several items on the consent agenda. He also wished everyone a Happy Thanksgiving. Councilmember Essex wished everyone Happy Thanksgiving. Mayor Bacon said Eggstravaganza raised over $17,000 for the Olathe Mayor's Children's Fund. He invited everyone to the Mayor's Christmas Tree Lighting on December 4th and wished everyone a Happy Thanksgiving. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS Page 7 of 11 City Council Meeting Minutes November 21, 2023 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. 10. 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 on a request by 127 Land Investors, LLC for issuance of industrial revenue bonds for the construction of a mixed-use development with approximately 84 dwelling units and 7,000 square feet of commercial space and related amenities on 2.81 acres at the southwest corner of 127th Street and Black Bob Road. Mayor Bacon said this would be on a future council agenda for consideration. Councilmember Mickelson encouraged staff to provide additional context and history to the new council members. Councilmember Vogt asked if this type of abatement had been done before. City Manager, Michael Wilkes, said it had not. 2. Report on proposed Amendment to existing Transfer Station Agreement. Mayor Bacon asked for some clarification and City Manager, Michael Wilkes said it would adjust tipping fees at the transfer station but they didn't anticipate it affecting residential rates. B. DISCUSSION ITEMS 1. Discussion regarding a proposed Real Estate Contract and Development Agreement with K-State Olathe Innovation Campus, Inc., and VTRE Development, LLC. Rich Muller with Van Trust Real Estate gave a presentation. Councilmember McCoy said he thought this was good news and asked if they were hoping to attract start up or existing Page 8 of 11 City Council Meeting Minutes November 21, 2023 businesses. Mr. Muller said he anticipated both. Mr. McCoy asked about the relationship between Van Trust and K-State Olathe and Mr. Muller said he thought Dean Wolfe, who was unable to be at the meeting, would be better equipped to address that question. Councilmember Felter said she thought this was an exciting project and asked how soon they would be moving forward. Mr. Muller said it could move quickly once a decision was made. Councilmember Gilmore said he was excited to see this happening and asked about timing. Mr. Muller said there were still some unknowns. Mayor Bacon asked for more details about the agreement with Van Trust and what taxes the property would be subject to. City Attorney, Ron Shaver, said it was a similar agreement that the City had made with other organizations. Mr. Muller said it was just a concept at this point and many things would be determined at a later time. Mr. Shaver said tax exemption was not just about ownership, but also about usage. Mayor Bacon said it was an exciting project. 2. Economic Incentive Policies Review John Page, Financial Strategy & Procurement Manager, gave a presentation. Councilmember Felter asked who the Economic Development Committee was made up of. Mr. Page said it was Chamber of Commerce and community leaders. She asked if staff had received feedback from this committee. She also asked how the City of Olathe compares to surrounding cities and said she would like to have more information. Councilmember Gilmore asked about gathering data on actual salaries and if that requirement was included in the policies. Mr. Page said they do have the ability to ask for that information. Mr. Shaver said it takes time to obtain the data. Page 9 of 11 City Council Meeting Minutes November 21, 2023 Councilmember McCoy left at 8:42 PM. Mayor Bacon also asked about wages. Tim McKee, Chamber of Commerce CEO, said that was not easy information to obtain. Mayor Bacon asked if other cities were more aggressive in attracting business and Mr. McKee said some were and gave some examples. 3. Fire Focus Area Update. Fire Chief, Jeff DeGraffenreid, presented a departmental update. Councilmember Essex, asked if the Council could have CPR training. Chief DeGraffenreid said he thought that could be arranged. Councilmember Felter asked about the percentage of protective clothing they have replaced and Chief DeGragffenreid said about 50 percent and they would continue to phase out the old gear. Ms. Felter also asked about competitive pay and the Chief said they look at it each year. Ms. Felter asked about the number of applications received for openings and the Chief said that while it was less than it used to be, they were still attracting good candidates. Ms. Felter wanted to know about the use of mobile AED stations and Chief DeGraffenreid said that they see AED machines used often before they arrive on the scene. 11. ADDITIONAL ITEMS Mayor Bacon wished everyone a Happy Thanksgiving. 12. ADJOURNMENT The meeting was adjourned at 9:11 PM. Page 10 of 11 City Council Meeting Minutes November 21, 2023 Brenda D. Swearingian City Clerk Page 11 of 11