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City Council

Regular Meeting

Olathe, KS · November 1, 2022

AgendaMinutesVideo Recording

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City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | November 1, 2022 | 7:00 PM City Council toured the Downtown Library at 4:15 PM. Trails and Greenways and Parks and Recreation Master Plan Workshop took place in the City of Governors at 5:30 PM. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 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. PRESENTATION OF COLORS: American Legion Honor Guard 4. PLEDGE OF ALLEGIANCE Mayor Bacon thanked the American Legion Post 153 Color Guard for presenting the colors. Mayor Bacon noted that Consent Item E was pulled from the agenda by staff and would be considered at a later date. 5. SPECIAL BUSINESS A. Proclamation recognizing November 11, 2022 as Veterans Day. Mayor Bacon read and presented the proclamation to, Richard Yunghans, who is a World War II Veteran. Mr. Yunghans stated he loved all the people of Olathe for the recognition. B. Proclamation recognizing November as Native American Heritage Month. Mayor Bacon read and presented the proclamation to Olathe West Senior, Justin Longhorn, who is from the Northern Arapaho and Shawnee Tribes. Page 1 of 7 City Council Meeting Minutes November 1, 2022 Mr. Longhorn thanked the council for the recognition and stated it meant a lot to him since his grandfather was previously presented the proclamation for Native American Heritage Month. 6. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the Consent Agenda with the exception of item E. 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 of October 18, 2022. Approved B. Consideration of renewal drinking establishment applications. Approved C. Consideration of cereal malt beverage applications for calendar year 2023. Approved D. Consideration of a private club license. Approved E. Consideration of Resolution No. 22-1076 authorizing the execution of a 3rd Amendment to Development Agreement and assignment of TIF and CID revenues related to the Garmin Olathe Soccer Complex project. Item was pulled from agenda by staff and not considered. F. Consideration of an office lease agreement with the Olathe Chamber of Commerce. 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 Townhomes at Hilltop Farms, First Plat (FP22-0037), containing fifty-seven (57) lots and fourteen (14) tracts on approximately 16.36 acres; located northwest of W. 175th Street and Mur-Len Road. Planning Commission approved the plat 8 to 0. 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 Hilltop Farms (FP22-0038), containing seventy-six (76) lots and eight (8) tracts on approximately 38.48 acres; located northwest of W. 173rd Street and Mur-Len Road. Planning Commission approved the plat 8 to 0. Page 2 of 7 City Council Meeting Minutes November 1, 2022 Approved I. Consideration of Resolution 22-1077: Investment and Cash Management Policy. Approved J. Consideration of Consent Calendar. Approved K. Consideration of a Master Agreement for Professional Services with TREKK Design Group, LLC for design of the Sanitary Sewer Rehabilitation Project, PN 1-R-000-23 and the Neighborhood Sanitary Sewer Improvements Project, PN 1-R-100-23. Approved L. Consideration of a Master Agreement for Professional Services with Olsson, Inc. for design of the Waterline Rehabilitation Project, PN 5-R-000-23. Approved M. Consideration of an Agreement with Johnson County for the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. Approved N. Consideration of renewal of contract to INSCO Industries, Inc. for the painting of fire hydrants for the Field Operations Division of Infrastructure. Approved O. Consideration of renewal of contract to Allen, Gibbs, and Houlik L.C. for audit services. Approved P. Ratification of Emergency Purchase of award of contract to Conrad Fire Equipment Inc., for the fleet replacement of a fire apparatus which experienced a significant mechanical failure for the Fire Department. Approved Q. Consideration of award of contract to Forms + Surfaces for the purchase of outdoor furniture for the rooftop terrace of the downtown library Approved 7. NEW BUSINESS A. Consideration of Ordinance No. 22-55, RZ22-0015, requesting approval of a rezoning from the C-2 (Community Center) District to the C-3 (Regional Center) District and a preliminary site development plan for Tommy’s Car Wash - Mill Creek Center on approximately 3.32 acres; located southwest of the intersection of W. 119th Street and Ridgeview Page 3 of 7 City Council Meeting Minutes November 1, 2022 Road. Planning Commission recommends approval 7-0. Planner II, Zachary Moore, provided a presentation to the council on the proposed rezoning. Councilmember Vogt asked about the access off of Ridgeview Rd. Mr. Moore stated customers will utilize an existing drive off Ridgeview Rd., then turn into the car wash. Councilmember Mickelson asked if the entrance was on the west side or east side. Mr. Moore stated the entrance was on the west side of the property but access to the car wash would be accessed from the east once on the property. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-55 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 22-56 Amending Chapter 13.34 of the Olathe Municipal Code Pertaining to Water Conservation. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-56 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex C. Consideration of Resolution No. 22-1078 Adopting the 2022 Water Conservation Plan. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1078 as presented. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember Vogt thanked all veterans for their service and reminded people to vote on November 8th. Councilmember McCoy also thanked veterans for their sacrifice. He also stated that there were approximately 2500 children that took part in the Trick or Treat Trail event. Mr. McCoy spotlighted a few projects that were approved on the Consent Agenda and spoke about funding from the CARS program helping with the projects. Page 4 of 7 City Council Meeting Minutes November 1, 2022 Councilmember Felter thanked the veterans for their service and reminded people of two hometown heroes that gave the ultimate sacrifice while serving, Spencer Duncan and Cale Miller. Ms. Felter mentioned that the fire department spent Fire Awareness Month reading to kindergarten kids in the Olathe School District and that Officer Erik Clark was awarded the KC Crime Stoppers Officer of the Year. She also congratulated Mayor Bacon on a great State of the City address. Mayor Bacon mentioned the Mayors Children's Fund Eggstravaganza will be next week and tickets are still available. 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.org 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. No comments were heard. 11. CONVENE FOR PLANNING SESSION Reports are 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 Section 10.01.084 of the Olathe Municipal Code pertaining to Removal of Vehicles. Accepted B. DISCUSSION ITEMS 1. Discussion on the Parks Sales Tax and Street Maintenance Sales Tax Proposals. Director of Quality of Life, Mike Sirna, provided a presentation on the Park Sales Tax Proposal. Mayor Bacon asked if the proposed dog park would be off leash, Mr. Sirna, stated yes. Page 5 of 7 City Council Meeting Minutes November 1, 2022 Infrastructure Director, Mary Jaeger, provided a presentation on the Street Maintenance Sales Tax Proposal. Councilmember Mickelson asked if it would be one ballot with two votes. Ms. Jaeger, stated yes. Councilmember McCoy asked about communication efforts. Ms. Jaeger stated that the communication department will be working closely to help share information. Councilmember Felter asked what the approximate cost and return rate on the mail in ballots are. Ms. Jaeger stated they would get the information for the council. Councilmember Gilmore feels it is a great proposal. He also asked clarifying questions on the inflation costs and the SMST funds. Councilmember Vogt asked how the compelling story will be told to the citizens and other clarifying questions on communications. Chief Communications and Marketing Officer, Cody Kennedy and External Affairs and Issues Management Director, Tim Danneberg provided details to the council. Mayor Bacon asked for the list of proposed projects the taxes would help fund. Mr. Sirna and Ms. Jaeger stated the lists would be completed within the next few months. Mayor Bacon asked if the oversight committee would continue. Ms. Jaeger stated she feels that it will continue. Councilmember McCoy suggested getting testimonials would be good. 2. Quality of Life Focus Area Update. Mike Sirna, Director of Quality of Life, gave a department update. Councilmember Felter asked for more information on the Page 6 of 7 City Council Meeting Minutes November 1, 2022 Ensor Farm. Mr. Sirna provided her the information. Councilmember McCoy thanked Mr. Sirna for mentioning the Ensor Farm and also mentioned the Silver Sneaker program. 12. ADDITIONAL ITEMS Councilmember Felter asked for some education on trash cart placement and storage to be shared with citizens. Councilmember McCoy stated a few councilmembers were able to tour the downtown library site and that early voting is taking place at the Indian Creek Library. Councilmember Gilmore asked if the city has ever recognized the group of volunteers at the Ensor Farm. Councilmember Essex reminded everyone to vote November 8th. Mayor Bacon stated there is a volunteer reception on November 7th and there will be a joint meeting with the Planning Commission in November 29th. 13. ADJOURNMENT The meeting was adjourned at 8:31 PM. Eric Strimple Assistant City Clerk Page 7 of 7

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | November 1, 2022 | 7:00 PM City Council tour of Downtown Library at 4:15 PM. Trails and Greenways and Parks and Recreation Master Plan Workshop in City of Governors at 5:30 PM. 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PRESENTATION OF COLORS: American Legion Honor Guard 4. PLEDGE OF ALLEGIANCE 5. SPECIAL BUSINESS A. Proclamation recognizing November 11, 2022 as Veterans Day. Staff Contact: Liz Ruback B. Proclamation recognizing November as Native American Heritage Month. Staff Contact: Liz Ruback 6. CONSENT AGENDA 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 Councilmember requests that an item be removed from the consent agenda and considered separately. A. Consideration of approval of the City Council meeting minutes of October 18, 2022. Staff Contact: Brenda Swearingian B. Consideration of renewal drinking establishment applications. Staff Contact: Eric Strimple C. Consideration of cereal malt beverage applications for calendar year 2023. Staff Contact: Eric Strimple Page 1 of 4 City Council Meeting Agenda November 1, 2022 D. Consideration of a private club license. Staff Contact: Eric Strimple E. Consideration of Resolution No. 22-1076 authorizing the execution of a 3rd Amendment to Development Agreement and assignment of TIF and CID revenues related to the Garmin Olathe Soccer Complex project. Staff Contact: Ron Shaver and Jamie Robichaud F. Consideration of an office lease agreement with the Olathe Chamber of Commerce. Staff Contact: Ron Shaver G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Townhomes at Hilltop Farms, First Plat (FP22-0037), containing fifty-seven (57) lots and fourteen (14) tracts on approximately 16.36 acres; located northwest of W. 175th Street and Mur-Len Road. Planning Commission approved the plat 8 to 0. Staff Contact: Aimee Nassif and Kim Hollingsworth H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Hilltop Farms (FP22-0038), containing seventy-six (76) lots and eight (8) tracts on approximately 38.48 acres; located northwest of W. 173rd Street and Mur-Len Road. Planning Commission approved the plat 8 to 0. Staff Contact: Aimee Nassif and Kim Hollingsworth I. Consideration of Resolution 22-1077: Investment and Cash Management Policy. Staff Contact: Jamie Robichaud J. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin K. Consideration of a Master Agreement for Professional Services with TREKK Design Group, LLC for design of the Sanitary Sewer Rehabilitation Project, PN 1-R-000-23 and the Neighborhood Sanitary Sewer Improvements Project, PN 1-R-100-23. Staff Contact: Mary Jaeger and Nate Baldwin L. Consideration of a Master Agreement for Professional Services with Olsson, Inc. for design of the Waterline Rehabilitation Project, PN 5-R-000-23. Staff Contact: Mary Jaeger and Nate Baldwin Page 2 of 4 City Council Meeting Agenda November 1, 2022 M. Consideration of an Agreement with Johnson County for the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. Staff Contact: Mary Jaeger and Nate Baldwin N. Consideration of renewal of contract to INSCO Industries, Inc. for the painting of fire hydrants for the Field Operations Division of Infrastructure. Staff Contact: Mary Jaeger and Zach Hardy O. Consideration of renewal of contract to Allen, Gibbs, and Houlik L.C. for audit services. Staff Contact: Jamie Robichaud and Briana Burrichter P. Ratification of Emergency Purchase of award of contract to Conrad Fire Equipment Inc., for the fleet replacement of a fire apparatus which experienced a significant mechanical failure for the Fire Department. Staff Contact: Jeff DeGraffenreid Q. Consideration of award of contract to Forms + Surfaces for the purchase of outdoor furniture for the rooftop terrace of the downtown library Staff Contact: Mike Sirna and Sara Eccles 7. NEW BUSINESS A. Consideration of Ordinance No. 22-55, RZ22-0015, requesting approval of a rezoning from the C-2 (Community Center) District to the C-3 (Regional Center) District and a preliminary site development plan for Tommy’s Car Wash - Mill Creek Center on approximately 3.32 acres; located southwest of the intersection of W. 119th Street and Ridgeview Road. Planning Commission recommends approval 7-0. Staff Contact: Aimee Nassif and Zachary Moore Action needed: Consider a motion to approve (4 positive votes), deny (5 positive votes required), or return to the Planning Commission. B. Consideration of Ordinance No. 22-56 Amending Chapter 13.34 of the Olathe Municipal Code Pertaining to Water Conservation. Staff Contact: Ron Shaver and Chris Grunewald Action needed: Consider a motion to approve or deny. C. Consideration of Resolution No. 22-1078 Adopting the 2022 Water Conservation Plan. Staff Contact: Ron Shaver, Chris Grunewald, Mary Jaeger and John Gilroy Action needed: Consider a motion to approve or deny. Page 3 of 4 City Council Meeting Agenda November 1, 2022 8. NEW CITY COUNCIL BUSINESS 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.org 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. 11. CONVENE FOR PLANNING SESSION Reports are 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 Section 10.01.084 of the Olathe Municipal Code pertaining to Removal of Vehicles. Staff Contact: Ron Shaver and Bob Gallimore B. DISCUSSION ITEMS 1. Discussion on the Parks Sales Tax and Street Maintenance Sales Tax Proposals. Staff Contact: Mary Jaeger and Mike Sirna 2. Quality of Life Focus Area Update. Staff Contact: Mike Sirna 12. ADDITIONAL ITEMS 13. ADJOURNMENT The City of Olathe offers public meeting accommodations. Olathe City Hall is wheelchair accessible. Assistive listening devices as well as iPads with closed captioning are available at each meeting. To request an ASL interpreter, or other accommodations, please contact the City Clerk’s office at 913-971-8521. Two (2) business days notice is required to ensure availability. Page 4 of 4

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