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City Council

Regular Meeting

Olathe, KS · April 2, 2024

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | April 2, 2024 | 7:00 PM 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. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Presentation of the Seven Days Proclamation. Mayor Bacon read and presented the proclamation to Kelsey Parker, Seven Days Foundation board member. Ms. Parker thanked the mayor and council for the proclamation and shared information on the Seven Days initiative. B. Presentation of K-State Olathe annual update by Dean Ben Wolfe. K-State Olathe Dean, Ben Wolfe, provided an annual update presentation to the council. Councilmember Felter thanked Dean Wolfe for his leadership. She added that she was happy to see aquaponics at the campus. She also asked about the needed space on campus. Dean Wolfe stated that there is not a lot of capacity on campus for growth. He added that the plan for the second building will include incubator spaces. Councilmember Vakas mentioned that the park's name had changed from Biosciences Park to Innovation Park. Mr. Vakas asked about student numbers and asked other questions regarding future offerings. Dean Wolfe mentioned expanded classes that have been added, including financial planning. He said conversations are being had with Honeywell and Panasonic about offering bachelor degree Page 1 of 9 City Council Meeting Minutes April 2, 2024 credits for employees. Councilmember Vogt stated that there is a focus on food science and wanted to know if the undergrad classes for the program may come to Olathe. Dean Wolfe stated they would like to see that happen. 5. CONSENT AGENDA Approval of the Consent Agenda Motion by Vogt, seconded by Gilmore, to approve the Consent Agenda as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover A. Consideration of approval of the City Council meeting minutes of March 19, 2024. approved. B. Consideration of renewal license(s) as recommended by the City Clerk. approved. C. Consideration of Travel Request Authorization for City Manager Michael Wilkes to attend two League of Kansas Municipalities meetings, April 5 and June 7, 2024. approved. D. Consideration of Business Expense Statement for the City Manager Michael Wilkes and Councilmembers LeEtta Felter, Dean Vakas and Matt Schoonover to attend the National League of Cities in Washington, DC from March 10 to the 13th, 2024. approved. E. Request for the acceptance of the dedication of land for public easements for a final plat of Enclave at Boulder Creek (FP24-0003), containing 40 lots on approximately 8.42 acres, located southwest of W. 167th Street and S. Mur-Len Road. Planning Commission approved the plat 9 to 0. approved. F. Consideration of Consent Calendar. approved. G. Consideration of Change Order No. 1 to the contract with McAnany Construction, Inc. for the construction of the Olathe Girls Softball Complex Project, PN 4-C-006-23. Page 2 of 9 City Council Meeting Minutes April 2, 2024 approved. H. Consideration of an Agreement with Johnson County for funding the Stormwater CCTV Inspection Project, PN 2-R-002-24, within Watershed 2. approved. I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Abay Construction, Inc. for construction of the 167th & Ridgeview Sanitary Sewer Main Replacement, PN 3-C-018-22. approved. J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders LLC for construction of the South Hamilton Circle Improvement Project Phase 1, PN 3-R-001-24, and South Hamilton Waterline Rehabilitation Project, PN 5-R-001-24. approved. K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the Sheridan Street Arterial Mill and Overlay Project, PN 3-P-003-24, East Sheridan Street and South Clairborne Road Waterline Improvements, PN 5-R-002-22, and Santa Fe Street Arterial Mill and Overlay Projects, PN 3-P-004-24. approved. L. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Pyramid Contractors, Inc. for construction of the Indian Creek - Lindenwood, Jamestown to Arrowhead, Stormwater Improvements Project, PN 2-C-016-22. approved. M. Consideration of a Master Agreement for Professional Services with TREKK Design Group, LLC for design of the Sanitary Sewer Rehabilitation Project, PN 1-R-000-24, and the Neighborhood Sanitary Sewer Improvements Project, PN 1-R-100-24. approved. N. Consideration of contract and quote from Evoqua Water Technologies LLC for Chlorine Dioxide Generation modifications associated with the WTP2 Chemical Feed Improvements Project, PN 5-C-026-20. approved. O. Consideration of renewal of contract with Insco Industries, Inc. for the painting of fire hydrants. approved. P. Consideration of renewal of contract with EMCOR Services Fagan for City-wide Mechanical/HVAC Maintenance. Page 3 of 9 City Council Meeting Minutes April 2, 2024 approved. Q. Renewal of contract with Optrics, Inc. for the purchase and use of Manage Engine software licenses. approved. R. Consideration of renewal of contract to Challenger Teamwear and Olathe T-Shirt & Trophy for Printed and Embroidered T-Shirts for Parks and Recreation approved. S. Consideration of change order request between Denovo and City of Olathe for JD Edwards EnterpriseOne Hosting agreement to allow for Audit completion and Archived data solution. approved. 6. NEW BUSINESS A. Consideration of Resolution No. 24-1014 authorizing the Santa Fe, Ridgeview to Mur-Len Improvements Project, PN 3-C-025-18; and repealing Resolution 21-1014. City Engineer, Nate Baldwin provided a presentation on the proposed project. Mayor Bacon asked if Rogers Rd. would be one or two way. Mr. Baldwin stated two-way. Councilmember Schoonover asked for clarification on what will be happening on Clairborne Rd. and if there will land acquisition in that area. Mr. Baldwin provided some details on the Clairborne Rd. section, and noted there would be land acquisition. Councilmember Vogt asked when the city can resubmit for the federal grant and how much will be requested. Mr. Baldwin stated the request would be submitted the first part of May, and the city would be asking for 100 million dollars. Ms. Vogt added the project is needed and will help with economic development in the corridor. Councilmember Gilmore asked for clarification on the federal funds and noted the 100 million dollars that will be asked for in May are not the federal funds listed in the fund breakdown presented. Mr. Baldwin stated that is correct. Page 4 of 9 City Council Meeting Minutes April 2, 2024 Mayor Bacon asked if there would be enough set aside for beautification. Mr. Baldwin stated, yes, there would be. Motion by Vogt, seconded by Gilmore, to approve Resolution No. 24-1014, as presented. The motion carried by the following vote: Yes: Felter, Essex, Vakas, Schoonover, Bacon, Vogt, and Gilmore B. Consideration of Agreement No. 529-23 and Agreement No. 631-23 with the Kansas Department of Transportation (KDOT) for funding the Santa Fe, Ridgeview to Mur-Len Improvements Project, PN 3-C-025-18. Motion by Vogt, seconded by Gilmore, to approve the item as presented. The motion carried by the following vote: Yes: Vogt, Gilmore, Felter, Essex, Vakas, Schoonover, and Bacon 7. NEW CITY COUNCIL BUSINESS Councilmember Felter stated that Councilmember Gilmore, along with herself, spent the day learning about KU Medical Center after the merger of KU Med. and Olathe Med. She also mentioned Olathe is partnering with Overland Park to host a neighborhood leadership summit on April 24th. Councilmember Vakas stated earlier in the day he asked for a review of the debt policy and also a calendar for the calendar for the upcoming budget meetings to help understand the budget workshops and debt policy. Councilmember Schoonover congratulated the Olathe Public Schools Foundation which raised $380,000.00 for mental health initiatives. Councilmember Essex stated multiple councilmembers attended the Olathe Fire Fighter Award Ceremony. Councilmember Gilmore mentioned Tim Talbott is celebrating 20 years at the Mahaffie Farmstead. He stated he has passed out copies to the council about a proposed resolution, capping the 2025 budget. He mentioned there were updates to the balances on the back. He is suggesting a 4-percent cap on property tax revenues and would only be for the 2025 budget. Consideration of proposed cap on Property Tax Revenues for the 2025 Budget. Page 5 of 9 City Council Meeting Minutes April 2, 2024 Councilmember Gilmore added a draft resolution on the 2025 Budget to the agenda from the dais. A copy of the document provided may be found attached to these minutes (Exhibit A). Councilmember Schoonover asked for clarification from Mr. Gilmore on the motion and if it was a directive to the City Manager or if the motion was to continue the discussion as to the framework of the reduction. Mr. Schoonover stated he felt it made intuitive sense, but noted he has shared concerns on how the draft is written. Mr. Gilmore stated the motion is to adopt the language as read. Mr. Schoonover added he is sympathetic but does not feel he is informed enough to make a second on the item. Motion by Gilmore, the City Council herby directs the City Manager to develop the 2025 budget in such a manner as to limit the increase in property tax revenues over 2024 to an amount which shall not exceed four percent. Motion failed for lack of second. Mayor Bacon stated the conversation can continue during the budget presentations this summer. Mayor Bacon stated that the new Police Department lobby opened this morning, and a ribbon cutting is coming soon. He also stated that the scouting open house is Thursday. 8. END OF TELEVISED SESSION 9. 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. None Heard. 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. Reissued Voided Payments Activity Review. Page 6 of 9 City Council Meeting Minutes April 2, 2024 Councilmember Schoonover asked for clarification on what the report was showing. Mary Ann Vassar, City Auditor, stated the report looked at voided payments and risks on delayed voids. She also mentioned that if a transaction is voided too soon, it can cause issues where there is a "float" happening with funds. Councilmember Gilmore stated the report shows there were no findings, and that is what they expect to see. He also mentioned the email about the audit priorities that is currently out. B. DISCUSSION ITEMS 1. Discussion on the Comprehensive Plan update. (15 min) Kim Hollingsworth, Planning and Development Manager, provided a brief presentation to the council. Councilmember Vogt stated she is excited about the Comp Plan. She also mentioned she is concerned about the amount of meetings not being enough. She asked how often the plan would come to the council. Ms. Hollingsworth stated the item can come before the council as often as needed and also stated there will be more than six meetings over the 18-month period. Mayor Bacon stated that Councilmembers Felter, Vogt, and Gilmore would be on the steering committee. Councilmember Gilmore suggested that the firm include the number of meetings in the scope of work. Councilmember Vakas asked for clarification on what the firm will provide for the cost of the contract. He also noted it is a big undertaking, and would like to see the involvement of a lot of people. Mayor Bacon noted that the recommended individuals from councilmembers would be on the steering committee, not just Page 7 of 9 City Council Meeting Minutes April 2, 2024 a subcommittee. 2. Exceptional Services Department Update. (20 min) Director of Exceptional Services Erin Vadar provided a presentation. Councilmember Schoonover asked about utility payments, and mentionted citizens are missing the envelopes. Ronni Decker Customer Experience Officer stated the envelopes are available if they would like some. Councilmember Vakas asked clarifying questions on how the budget workshops will show the different departments in Exceptional Services. Jamie Robichaud, Economy Director, provided clarification to Mr. Vakas' questions. Councilmember Felter stated in the American City article that trust issues were mentioned for government workers in the US, but Olathe has been high in ratings. 11. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of a Municipal Judge. The council took a 5-minute recess before executive session. Motion by Vogt, seconded by Gilmore, to recess into Executive Session regarding personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of a Municipal Judge., for 30 minutes, starting at 9:12 PM and returning to Council Chambers at 9:42 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Essex, Vakas, and Schoonover 12. RECONVENE FROM EXECUTIVE SESSION Mayor Bacon stated the council is pleased with the work of Judge McElhinney. 13. ADDITIONAL ITEMS Councilmember Schoonover stated the Jackson County Ballot item for the Chiefs and Royals did not pass. Page 8 of 9 City Council Meeting Minutes April 2, 2024 Mayor Bacon asked what the name of the interchange would be at Santa Fe. Mary Jaeger, Infrastructure Director, stated it was SPUE interchange. 14. ADJOURNMENT The meeting adjourned at 9:47 PM. Eric Strimple Assistant City Clerk Page 9 of 9

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | April 2, 2024 | 7:00 PM 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Presentation of the Seven Days Proclamation. Staff Contact: Liz Ruback Attachments: 4-2-24 Seven Days proclamation B. Presentation of K-State Olathe annual update by Dean Ben Wolfe. Staff Contact: Liz Ruback 5. 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 council member requests that an item be removed from the consent agenda and considered separately. A. Consideration of approval of the City Council meeting minutes of March 19, 2024. Staff Contact: Brenda Swearingian Attachments: A. 03-19-2024 Council Minutes B. Consideration of renewal license(s) as recommended by the City Clerk. Staff Contact: Eric Strimple C. Consideration of Travel Request Authorization for City Manager Michael Wilkes to attend two League of Kansas Municipalities meetings, April 5 and June 7, 2024. Staff Contact: Cathy Marks Attachments: LKM 4-4 and 6-6-24 TRA Michael Page 1 of 7 City Council Meeting Agenda April 2, 2024 D. Consideration of Business Expense Statement for the City Manager Michael Wilkes and Councilmembers LeEtta Felter, Dean Vakas and Matt Schoonover to attend the National League of Cities in Washington, DC from March 10 to the 13th, 2024. Staff Contact: Cathy Marks Attachments: Michael's NLC BES 2024 Matt NLC BES 2024 LeEtta NLC BES 2024 Dean NLC BES 2024 E. Request for the acceptance of the dedication of land for public easements for a final plat of Enclave at Boulder Creek (FP24-0003), containing 40 lots on approximately 8.42 acres, located southwest of W. 167th Street and S. Mur-Len Road. Planning Commission approved the plat 9 to 0. Staff Contact: Jamie Robichaud and Andrea Fair Attachments: A. Planning Commission Packet B. Planning Commission Minutes F. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Consent Calendar G. Consideration of Change Order No. 1 to the contract with McAnany Construction, Inc. for the construction of the Olathe Girls Softball Complex Project, PN 4-C-006-23. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Change Order No. 1 H. Consideration of an Agreement with Johnson County for funding the Stormwater CCTV Inspection Project, PN 2-R-002-24, within Watershed 2. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Agreement Page 2 of 7 City Council Meeting Agenda April 2, 2024 I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Abay Construction, Inc. for construction of the 167th & Ridgeview Sanitary Sewer Main Replacement, PN 3-C-018-22. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate J. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders LLC for construction of the South Hamilton Circle Improvement Project Phase 1, PN 3-R-001-24, and South Hamilton Waterline Rehabilitation Project, PN 5-R-001-24. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the Sheridan Street Arterial Mill and Overlay Project, PN 3-P-003-24, East Sheridan Street and South Clairborne Road Waterline Improvements, PN 5-R-002-22, and Santa Fe Street Arterial Mill and Overlay Projects, PN 3-P-004-24. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate Page 3 of 7 City Council Meeting Agenda April 2, 2024 L. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Pyramid Contractors, Inc. for construction of the Indian Creek - Lindenwood, Jamestown to Arrowhead, Stormwater Improvements Project, PN 2-C-016-22. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate M. Consideration of a Master Agreement for Professional Services with TREKK Design Group, LLC for design of the Sanitary Sewer Rehabilitation Project, PN 1-R-000-24, and the Neighborhood Sanitary Sewer Improvements Project, PN 1-R-100-24. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Master Agreement for Professional Services N. Consideration of contract and quote from Evoqua Water Technologies LLC for Chlorine Dioxide Generation modifications associated with the WTP2 Chemical Feed Improvements Project, PN 5-C-026-20. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Fact Sheet B. Contract O. Consideration of renewal of contract with Insco Industries, Inc. for the painting of fire hydrants. Staff Contact: Mary Jaeger and Zach Hardy Attachments: A. Renewal Agreement P. Consideration of renewal of contract with EMCOR Services Fagan for City-wide Mechanical/HVAC Maintenance. Staff Contact: Mary Jaeger and Zach Hardy Attachments: A: Contract Page 4 of 7 City Council Meeting Agenda April 2, 2024 Q. Renewal of contract with Optrics, Inc. for the purchase and use of Manage Engine software licenses. Staff Contact: Mike Sirna and Barrett Baumgartner Attachments: A. Contract R. Consideration of renewal of contract to Challenger Teamwear and Olathe T-Shirt & Trophy for Printed and Embroidered T-Shirts for Parks and Recreation Staff Contact: Mike Sirna Attachments: A. Contract B. Contract S. Consideration of change order request between Denovo and City of Olathe for JD Edwards EnterpriseOne Hosting agreement to allow for Audit completion and Archived data solution. Staff Contact: Mike Sirna Attachments: Denovo Contract - Hosted Managed Services 6. NEW BUSINESS A. Consideration of Resolution No. 24-1014 authorizing the Santa Fe, Ridgeview to Mur-Len Improvements Project, PN 3-C-025-18; and repealing Resolution 21-1014. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Resolution Action needed: Consider a motion to approve or deny. B. Consideration of Agreement No. 529-23 and Agreement No. 631-23 with the Kansas Department of Transportation (KDOT) for funding the Santa Fe, Ridgeview to Mur-Len Improvements Project, PN 3-C-025-18. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Agreement No. 529-23 D. Agreement No. 631-23 Action needed: Consider a motion to approve or deny. Page 5 of 7 City Council Meeting Agenda April 2, 2024 7. NEW CITY COUNCIL BUSINESS 8. END OF TELEVISED SESSION 9. 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. 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. Reissued Voided Payments Activity Review. Staff Contact: Mary Ann Vassar Attachments: Reissued Voided Payments Activity Review B. DISCUSSION ITEMS 1. Discussion on the Comprehensive Plan update. (15 min) Staff Contact: Brenda Swearingian Attachments: A. Scope of Work 2. Exceptional Services Department Update. (20 min) Staff Contact: Erin Vader 11. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of a Municipal Judge. Staff Contact: Leslie Fortney 12. RECONVENE FROM EXECUTIVE SESSION Page 6 of 7 City Council Meeting Agenda April 2, 2024 13. ADDITIONAL ITEMS 14. 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 7 of 7

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