City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 16, 2024 | 6:00 PM 1. CALL TO ORDER Present: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Recess into an executive session to discuss data relating to financial affairs or trade secrets of corporations, pursuant to the exception provided in K.S.A. 75-4319(b)(4). (STAR Bond project) Motion by Vogt, seconded by Gilmore, to recess into an executive session to discuss data related to financial affairs or trade secrets of corporations, pursuant to the exception provided in K.S.A. 75-4319(b) (4), for 30 minutes returning to council chamber at 6:30 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex B. Recess into an executive session to discuss data relating to financial affairs or trade secrets of corporations, pursuant to the exception provided in K.S.A. 75-4319(b)(4) (INDIAN CREEK COMMONS TIF/CID). Motion by Vogt, seconded by Gilmore, to recess into an executive session to discuss data related to financial affairs or trade secrets of corporations, pursuant to the exception provided in K.S.A. 75-4319(b) (4), for 30 minutes returning to council chamber at 6:30 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex C. Recess into an executive session for consultation with the city attorney which would be deemed privileged in the attorney-client relationship regarding potential litigation involving a permit application pursuant to the exception provided in K.S.A. 75-4319(b)(2). (Electronic billboard Page 1 of 10 City Council Meeting Minutes July 16, 2024 permit application) Motion by Vogt, seconded by Gilmore, to recess into an executive session for consultation with the city's attorneys which would be deemed privilieged in the attorney-client relationship regarding potential litigation involving a permit applicaiton pursuant to the exception provided in K.S.A. 75-4319(b)(2), for 10 minutes returning to council chamber at 6:41 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, and Felter Absent: Schoonover, Vakas, and Essex D. Recess into an executive session for a preliminary discussion regarding the acquisition of real property in northwest Olathe pursuant to the exception provided in K.S.A. 75-4319(b)(6). (K-10/LONE ELM INTERCHANGE) Motion by Vogt, seconded by Gilmore, to recess into an executive session for a preliminary discussion regarding the acquisition of real property in northwest Olathe pursuant to the exception provided in K.S.A. 75-4319(b)(6), for 10 minutes returning to council chamber at 6:52 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, and Felter Absent: Schoonover, Vakas, and Essex 3. RECONVENE FROM EXECUTIVE SESSION Motion by Vogt, seconded by Gilmore, on item 2.A., to authorize staff to proceed with the strategies discussed with and directed by the governing body. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Motion by Vogt, seconded by Gilmore, on item 2.B., to authorize staff to proceed with the strategies discussed with and directed by the governing body. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Motion by Vogt, seconded by Gilmore, on item 2.C., to authorize staff to proceed with the strategies discussed with and directed by the governing body. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Page 2 of 10 City Council Meeting Minutes July 16, 2024 Motion by Vogt, seconded by Gilmore, on item 2.D., to authorize staff to proceed with the strategies discussed with and directed by the governing body. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex 4. BEGIN LIVE STREAMED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Proclamation declaring Aug. 6, 2024 as National Night Out. Mayor Bacon read and presented the proclamation to Olathe Police Sergeant John Moncayo and representatives from the Boulder Creek Villas, Sandy Blake and Dan Sullivan. B. Recognition of Olathe high school student champions. Mayor Bacon introduced the Olathe Public Schools Director of Athletics and Activities, Matt Johnson. Mr. Johnson announced the schools and students who had won State titles and Mayor Bacon presented awards to the students. 7. PUBLIC HEARINGS Persons wanting to speak regarding a public hearing are asked to 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 no later than 30 minutes prior to the start of the meeting. Each speaker is allowed up to 5 minutes to address the City Council. A. Public hearing to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal. There were no speakers for this public hearing. Motion by Vogt, seconded by Gilmore, to close the public hearing. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex B. Public Hearing and Consideration of Resolution No. 24-1031 on a request by BPG Olathe 1 LLC and assigns (Building B in Great Plains Commerce Center) for an issuance request for industrial revenue bonds and tax phase-in resolution for a single series project. The project will entail the construction of a 149,500 square foot light industrial facility on Page 3 of 10 City Council Meeting Minutes July 16, 2024 a parcel totaling 11.27-acres located at 15880 S. Theden. John Page, Financial Strategy and Procurement Manager, provided a presentation on the project. There were no speakers for this public hearing. Councilmember Schoonover had questions about the annual salary listed in the application and Mr. Page said it was an average. Councilmember Vakas asked for clarification in regards to the applicant being required to use the City commercial solid waste program and Mr. Page confirmed that was correct. Mr. Vakas also asked what UDO standards would be required and Mr. Page said that was not something that is discussed during the application for abatement. Chet Belcher, Chief Community Development Officer, said that the IRB process specifically addresses architectural standards, but an upcoming code update will address the energy code and will allow those conversation. Councilmeber Vakas asked if this was a new building and Vince Cuezze with Polsinelli Law said this was the third building for this developer. Councilmember Schoonover pointed out that the IRB policy says they should exceed UDO standards. Motion by Vogt, seconded by Gilmore, to close the public hearing. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Motion by Vogt, seconded by Gilmore, to approve resolution no. 24-1031. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, and Felter No: Schoonover, and Vakas Absent: Essex 8. CONSENT AGENDA Page 4 of 10 City Council Meeting Minutes July 16, 2024 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 Vakas asked for item O to be removed from the consent agenda and be considered separately. Motion by Vogt, seconded by Gilmore, to approve items A. through N. as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex A. Consideration of approval of the City Council meeting minutes of July 2, 2024. approved. B. Consideration of renewal license(s) as recommended by the City Clerk. approved. C. Consideration of Resolution No. 24-1032 of the City of Olathe, Kansas regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. approved. D. Consideration of Resolution No. 24-1033 fixing a date and time for a public hearing regarding the structure at 413 S. Cherry Street. approved. E. Consideration and Approval of the 2025 Community Development Block Grant (CDBG) funding recommendations. approved. F. Consideration and Approval of Amendment No. 2 to the 2003 Cooperation Agreement with Johnson County for the purpose of renewing participation in the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) program. 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 The Greens at Prairie Highlands, Seventh Plat (FP24-0013), containing 60 lots on approximately 18.23 acres, located southwest of W. 143rd Street and S. Saint Andrews Avenue. Planning Commission approved the plat 9 to 0. approved. Page 5 of 10 City Council Meeting Minutes July 16, 2024 H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of The Greens at Prairie Highlands, Eighth Plat (FP23-0031), containing 19 lots and two (2) tracts on approximately 7.97 acres, located southeast of W. 143rd Street and S. Saint Andrews Avenue. Planning Commission approved the plat 9 to 0. approved. I. Request for the acceptance of the dedication of land for public easements for a final plat of Mur-Len Commercial Park, Fifth Plat (FP24-0019), containing two (2) lots and one (1) tract on approximately 11.67 acres, located northeast of W. 135th Street and Mur-Len Road. Planning Commission approved the plat 9 to 0. approved. J. Consideration of Consent Calendar. approved. K. Consideration of renewal of contract to K & W Underground, Inc. for fiber optic installation, maintenance, restoration, and support for use by the City of Olathe. approved. L. Consideration of approval of Sensus water meter purchase from Core & Main for Infrastructure. approved. M. Consideration of award of contract to Independent Salt Company for the Street Maintenance Section of Infrastructure. approved. N. Consideration of award of contract to Gerken Rent-All Inc., for portable restroom services for the Parks and Recreation Department. approved. O. Consideration of extending AXON™ contract two additional years (2028 - 2029) at the 2022 pricing agreement while including additional features and products. Upgrade Taser technology to the newest and most effective Taser. Upgrade Interview rooms in new building. Councilmember Vakas asked to have item O considered separately so he could point out the cost savings this contract would bring due to the Police Department's forward thinking. Motion by Vakas, seconded by Vogt, to approve item O as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex Page 6 of 10 City Council Meeting Minutes July 16, 2024 9. NEW BUSINESS A. Consideration of Ordinance No. 24-28 amending Title 9 of the Olathe Municipal Code (the Olathe Public Offense Code). Motion by Vogt, seconded by Gilmore, to approve ordinance number 24-28 as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex B. Consideration of Ordinance No. 24-29 amending Title 10 of the Olathe Municipal Code (the Olathe Traffic Ordinance). Motion by Vogt, seconded by Gilmore, to approve ordinance number 24-29 as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, and Vakas Absent: Essex 10. NEW CITY COUNCIL BUSINESS Councilmember Vakas attended the Olathe Live concert and greeted everyone last Friday. He said it was a super night. He was also able to welcome the Journey of Hope bike riders to Olathe. The ride is organized to raise awareness of people with disabilities. He mentioned he attended the MARC policy meeting today. Councilmember Felter congratulated the City of Champions. She wanted to also make citizens aware of the free family fun nights at the Mahaffie Farmstead. She shared that Municipal Court is accepting school supplies for credit toward a traffic fine. She also wanted to give a shout out to the fire department. She said there are Olathe firefighters on Wildland deployments as well as a group deployed to help cover the Republican National Convention. She mentioned that the Sip and Shop in downtown Olathe was awesome. Councilmember Vogt attended the KU Cancer Center ribbon cutting and she is looking forward to the partnership with KU. She thanked Beth Wright, Deputy Director of Infrastructure, and Mr. Vakas for participating with MARC. She also said she appreciates Councilmembers Schoonover and Vakas talking about abatements and knows the Council will look at the policy again in the Fall. Councilmember Schoonover thanked the Solid Waste team for scheduling a pick up next week for limbs he lost due to wind. Mr. Schoonover also shared he Page 7 of 10 City Council Meeting Minutes July 16, 2024 has recently been diagnosed with cancer and may miss some meetings in the coming weeks. Mayor Bacon said the Olathe Mayor's Children's Fund is accepting grant applications through August 1st. He said the community can find more information at OlatheCares.org. 11. END OF LIVE STREAMED SESSION 12. 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. Detective Steve Sebasto, an Olathe Police Officer, spoke to the City Council regarding recognition and thanks. Mayor Bacon said public safety is a high priority for the Council. 13. 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 Report accepted. B. DISCUSSION ITEMS 1. General Overview of the Proposed 2025 Water and Sewer Budget, 2025-2029 Capital Improvement Plan (CIP), and fees. Jarrod Stewart, Budget Manager, provided an overview of the Proposed 2025 Water and Sewer Budget, 2025-2029 Capital Improvement Plan (CIP), and fees. Mary Jaeger, Infrastructure Director, provided more details regarding the Water and Sewer Capital Improvement Plan. Councilmember Vakas asked question about the proposed Page 8 of 10 City Council Meeting Minutes July 16, 2024 new budget analyst position and Ms. Jaeger said the analyst would be a part of the Economy focus area. Mr. Vakas also asked about the replacement of batteries on the meters and Ms. Jaeger provided an additional explanation. Councilmember Schoonover expressed concern regarding the tremendous increase in cost. Ms. Jaeger said there are not as many bids and that contributes to driving up the cost. Mr. Schoonover asked if there was any thought of bringing this function in-house instead of contracting it out. Ms. Jaeger said they are always balancing what needs to be done and what they can do in-house. Councilmember Vogt asked about rate comparisons with neighboring cities. Ms. Jaeger said Mr. Stewart would cover that a little later in the presentation. Councilmember Felter asked more about the sewer pipes that are approaching end of life and Ms. Jaeger said they were comfortable with the plan but would continue to watch it. Dr. Felter asked what the strategy was on replacing batteries in meters and Ms. Jaeger said they would not do them all at once. Mayor Bacon asked what the life expectancy is of a waterline and Ms. Jaeger said about 30 years but it would depend on what material is used. Mr. Stewart presented the total CIP and fund summary. He also provided the upcoming budget calendar and shared how citizens can learn about the budget process. Councilmember Schoonover noted that the increase in utility rates could be significant for some citizens and asked what projects would need to be delayed if the rates were not raised. Ms. Jaeger said the ones that would make the most difference would delay capacity. Page 9 of 10 City Council Meeting Minutes July 16, 2024 Councilmember Gilmore asked what is included in the transfers and Mr. Stewart said there are varying projects Mr. Gilmore asked about bonding some of those projects instead of cash funding. Ms. Jaeger said the bonds drive some of the rates and that cash up front is better than bonding for long term. Councilmember Vogt asked about water rate comparisons with Overland Park and Lenexa and Mr. Stewart reminded her that they are on Water One. Ms. Vogt also asked about the State loans that had some forgiveness attached to them. Ms. Jaeger said one will be forgiven at 100% and the other at 51%. Ms. Vogt said she wished they could do something different with water rates and Ms. Jaeger said with growth comes capacity issues. Councilmember Felter asked if there were any programs to assist with water costs. She said she wanted to be mindful about all the cost. Mayor Bacon asked staff to present an option for a 1/8 mil reduction so the Council would know how that might affect the projects in the budget. 14. ADDITIONAL ITEMS None. 15. ADJOURNMENT The meeting was adjourned at 8:45 P.M. Brenda D. Swearingian City Clerk Page 10 of 10