City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 9, 2024 | 7:00 PM A reception to honor the newly elected council members was held in the lobby at 6:30 P.M. 1. CALL TO ORDER Present: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover 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. INVOCATION: Pastor Dan Vanderpool Pastor Daniel Vanderpool offered the invocation to begin the meeting. 4. PRESENTATION OF COLORS: Olathe Fire Department Honor Guard 5. NATIONAL ANTHEM The National Anthem was performed by Misha Alford. 6. PLEDGE OF ALLEGIANCE 7. INSTALLATION OF MAYOR AND CITY COUNCILMEMBERS: Judge Katie McElhinney A. Installation of Mayor and Councilmembers. Municipal Court Judge, Katie McElhinney, administered the oath of office for the Mayor, Councilmembers Schoonover, Essex and Vakas. They each introduced their family members in attendance and took their seats on the dais. B. Seating of Mayor and Councilmembers. C. Election of Mayor Pro-Tem. Motion by Gilmore, seconded by Essex, to elect Councilmember Marge Vogt as Mayor Pro Tem. The motion carried with the following vote: Page 1 of 9 City Council Meeting Minutes January 9, 2024 Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover D. Installation of Mayor Pro-Tem. Municipal Court Judge, Katie McElhinney, administered the oath of office for Mayor Pro Tem. 8. SPECIAL BUSINESS A. Proclamation recognizing January 15, 2024 as Dr. Martin Luther King Jr Day. Mayor Bacon read the proclamation and presented it to Kathleen Smith, Director of Culture and Belonging with the Olathe Public Schools. Ms. Smith invited everyone to attend the upcoming MLK event hosted by the school district on Saturday, January 13th. Mayor Bacon also recognized City Manager, Michael Wilkes, for 25 years of service with the City of Olathe. He presented Mr. Wilkes with a certificate. 9. CONSENT AGENDA Approval of the Consent Agenda Councilmember Vakas asked for items P and Q to be removed from the consent agenda and considered separately. Motion by Vogt, seconded by Gilmore, to approve the Consent Agenda with the exception of items P and Q. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover A. Consideration of approval of the City Council meeting minutes of December 5, 2023. approved. B. Consideration of a new cereal malt beverage application. approved. C. Consideration of cereal malt beverage applications for calendar year 2024. approved. D. Consideration of renewal drinking establishment applications. approved. E. Consideration of pawnbroker/precious metal dealer renewal license Page 2 of 9 City Council Meeting Minutes January 9, 2024 applications. approved. F. Consideration of Travel Request Authorization for City Manager Michael Wilkes to travel to a Strategic Government Resources conference in Dallas, Texas on January 24-26. approved. G. Consideration of Travel Request Authorization for City Manager Michael Wilkes to travel to Washington, DC to attend a League Presidents Conference from January 29 to the 31 of 2024. approved. H. Consideration of business expense statement for the City Manager Michael Wilkes for a League of Kansas Municipalities on December 7-8 in Topeka. approved. I. Consideration of Resolution No. 24-1001 establishing a regular schedule of dates and times for City Council meetings until the next City election. approved. J. Consideration of a Memorandum of Understanding with the Kansas Department of Commerce. approved. K. Request for the acceptance of the dedication of land for public easements Asbury Centre 2nd Plat (FP23-0030), containing two (2) lots and two (2) tracts on approximately 2.84 acres, located at 15892 S. Ridgeview Road. Planning Commission approved the plat 5 to 0. approved. L. Consideration of Resolution No. 24-1002 authorizing various improvements to the Water and Sewer System of the City and setting forth the intent to issue Water and Sewer Revenue Bonds. approved. M. Consideration of Resolution No. 24-1003 authorizing various improvements to the Stormwater System of the City and setting forth the intent to issue Stormwater Revenue Bonds. approved. N. Consideration of Consent Calendar. approved. O. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Linaweaver Construction, Inc., for construction of the Water Street Reconstruction Project, PN 3-R-002-23. Page 3 of 9 City Council Meeting Minutes January 9, 2024 approved. P. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Pyramid Contractors, Inc. for construction of the 119th Street Improvements Project, PN 3-P-007-23. Councilmember Vakas wanted items P and Q to be considered separately to allow staff to highlight the importance of this project. City Engineer, Nate Baldwin, provided additional information regarding this project. Motion by Vakas, seconded by Vogt, to approve item P on the consent agenda. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover Q. Consideration of a Utility Agreement with Evergy Metro, Inc. for the 119th Street Improvements Project, PN 3-P-007-23. Motion by Vakas, seconded by Vogt, to approve item Q on the consent agenda. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover R. Consideration of a Turn Lane Construction & Reimbursement Agreement with Heartland Coca-Cola Bottling Company, LLC for costs associated with the construction of three right turn lanes on the Hedge Lane, 167th to 171st, Benefit District Project, PN 3-B-085-22. approved. S. Consideration of an Agreement with Johnson County for construction of the Black Bob Road, 159th to 167th, Improvements Project, PN 3-C-008-22. approved. T. Consideration of Supplemental Agreement No. 1 with HNTB Corporation for design of the Sheridan Street Arterial Mill and Overlay Project, PN 3-P-003-24. approved. U. Consideration of renewal of contract to GSC Lighting and Supply, Inc. for the purchase of streetlight poles and bases for Infrastructure. approved. V. Consideration of renewal of contract with MMP Business Associates, dba Armor Equipment, for the replacement of compressed natural gas powered front loaders for Infrastructure. approved. Page 4 of 9 City Council Meeting Minutes January 9, 2024 W. Consideration of amended agreement with Paymentus for utility bill printing, mailing, and online bill presenting services. approved. X. Consideration of contract with ARC Physical Therapy+ for onsite services conducting job analysis for positions requiring medium to very heavy physical job demands. approved. Y. Consideration of amended licensing agreement with Precision Task Group (PTG) to add Workday People Analytics functionality. approved. Z. Consideration of renewal of contract to Kansas Land Management, LLC for mowing services. approved. 10. NEW BUSINESS A. Consideration of Ordinance No. 24-01, RZ23-0010, requesting approval of a zoning amendment to Ordinance 20-33 with a revised preliminary site development plan for Bach Homes Montage Apartments (RZ23-0010), on approximately 17.31 acres; located southwest of W. 127th Street and S. Mur-Len Road. Planning Commission recommended approval 5 to 1. Kim Hollingsworth, Planning and Development Manager, provided the Council with a presentation regarding this project. Councilmember Vogt asked if the change in density still met requirements and Ms. Hollingsworth said it did. Ms. Vogt asked if these units would be owner occupied or leased and Ms. Hollingsworth said they would be leased. Ms. Vogt said she was looking forward to this development. Councilmember Schoonover asked questions about the traffic study and what area was included. Ms. Hollingsworth provided the parameters of the study. He also asked about the reason for the one dissenting vote on the Planning Commission. Ms. Hollingsworth said she didn't know the specific reason but knew there had been lots of discussion regarding density. Councilmember Gilmore asked if the traffic signal would be installed during phase one of the project and Ms. Hollingsworth said yes and explained that phase two is only the commercial building on the Page 5 of 9 City Council Meeting Minutes January 9, 2024 corner. Mayor Bacon asked questions about traffic signals that City Engineer, Nate Baldwin, answered. Councilmember Schoonover asked the applicant about other projects they have in the KC metro area. Brandon Ames, with Bach Homes, said they built Steeplechase Apartments in Kansas City Missouri. He also said they like to build and maintain ownership. Councilmember Vogt asked when they hoped to break ground. Mr. Ames said it would be sometime this year. Councilmember Felter said she is excited about this project. Motion by Vogt, seconded by Gilmore, to approve Ordinance No. 24-01. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover B. Consideration of Ordinance No. 24-02 approving a Loan Agreement with the Kansas Department of Health and Environment (KDHE) acting on behalf of the State of Kansas, for the funding of the Olathe Pipe Replacement & Education Program (OPREP), PN 5-C-012-24. Mayor Bacon thanked staff for their attention to getting this application submitted in a timely manner. Motion by Vogt, seconded by Gilmore, to approve Ordinance No. 24-02. The motion carried with the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover 11. NEW CITY COUNCIL BUSINESS Councilmember Felter congratulated Major John Roland with the Olathe Police Department for being awarded MNU's Living Legacy Award. She congratulated the newly elected council members and also thanked the road crews for all their work during the recent snow storm. Councilmember Gilmore congratulated the new council members and Marge Vogt for being elected Mayor Pro Tem. Page 6 of 9 City Council Meeting Minutes January 9, 2024 Councilmember Vogt congratulated the new council members and said she was looking forward to working with each of them. She also thanked city staff for the work on the streets. Councilmember Essex said she wanted staff to know that the snowplow names were a big hit. She congratulated the City Manager on his anniversary of 25 years with the City. She welcomed the new council members and congratulated Marge Vogt on being elected Mayor Pro Tem. Councilmember Vakas said it was a good time to be in Olathe with great people. City Manager Michael Wilkes congratulated the new council members and thanked everyone for the recognition of 25 years with the City. Mayor Bacon thanked the street crews for their great work and highlighted the need for volunteers for the snow brigade. 12. END OF TELEVISED SESSION 13. GENERAL ISSUES AND CONCERNS OF CITIZENS Persons wanting to speak regarding a general concern must sign up prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, or emailing CCO@Olatheks.gov by 5:00 PM or in person at City Hall until 30 minutes prior to the start of the meeting. The Council has allocated up to 3 minutes per speaker, and up to 30 minutes total for this portion of the meeting. Robert Hinds, 18235 W 156th Street, spoke about diversity, equity and inclusion. 14. 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 and review: Segregation of Duties - Workday Finance Module Development Report accepted. 2. Report on the Olathe Private Street Preservation Program Projects completed as part of the 2023 Street Preservation Page 7 of 9 City Council Meeting Minutes January 9, 2024 Program. Report accepted. 3. Report on the annual Capital Improvement Plan Projects for 2024. Report accepted. 4. Report on projects and locations included in the 2024 Street Preservation Program, PN 3-P-000-24. Report accepted. 5. Report on the authorization of the 135th Street Retaining Wall Project, PN 3-G-010-24. Report accepted. 6. Report on the authorization of the BNSF West Track Separation Preliminary Engineering Project, PN 3-C-029-24. Mayor Bacon asked if this item was a continuation of a presentation staff had given a few years ago. Nate Baldwin, City Engineer, said this will be a deeper dive and provide additional alternatives. Councilmember Schoonover said he was happy to see this report and was looking forward to hearing more. 7. Report on the authorization of the Quivira Road, 143rd to 151st, Improvements Project, PN 3-C-011-24. Councilmmeber Felter said she was thrilled to see this report and asked questions about this project moving up on the CIP. Nate Baldwin, City Engineer, said it had been moved up because of federal funding the City received in support of this project. 8. Report on the authorization of the 2025 Street Reconstruction Program, 3-R-000-25. Councilmember Vogt asked if the street reconstruction program includes sidewalks and bike lanes. Nate Baldwin, City Engineer, said yes, where it is possible. 9. Report on the authorization of the Traffic Signals Project, PN 3-TS-000-24. Report accepted. Page 8 of 9 City Council Meeting Minutes January 9, 2024 15. ADDITIONAL ITEMS Councilmember Vogt thanked Kim Hollingsworth, Planning and Development Manager, for making changes to the Planning Commission's minutes to provide better explanations of what happened in their meetings. Councilmember Schoonover thanked staff for all they did to help him as he prepared to take his seat on the City Council. Mayor Bacon passed out liaison assignments and asked Council for feedback on potential changes. He also said he was still working on a handful of vacancies on various boards and committees. 16. ADJOURNMENT The meeting was adjourned at 8:10 P.M. Brenda D. Swearingian City Clerk Page 9 of 9