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City Council

Regular Meeting

Olathe, KS · January 7, 2020

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 7, 2020 | 7:00 PM A RECEPTION TO HONOR THE NEWLY ELECTED COUNCIL MEMBERS - CITY HALL LOBBY - 6:30 P.M. Prior to the City Council meeting, a reception to honor the newly elected council members was held in the lobby of City Hall. 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland Also present were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. INVOCATION: Pastor Sylvia Romero, Center of Grace Pastor Sylvia Romero, from Center of Grace, gave the innvocation. 4. PRESENTATION OF COLORS: Police and Fire Departments Honor Guard The colors were presented by a joint Police and Fire Honor Guard. 5. NATIONAL ANTHEM: Elise Peterson, Director of Choirs at Olathe South High School Elise Peterson, director of choirs at Olathe South High School, sang the national anthem. 6. PLEDGE OF ALLEGIANCE 7. APPROVAL OF CITY COUNCIL MEETING MINUTES A. Consideration of approval of the City Council meeting minutes of December 17, 2019. Motion by Bacon, seconded by Vogt, to approve the City Council Meeting minutes of December 17, 2019. Motion carried with the following vote: Page 1 of 11 City Council Meeting Minutes January 7, 2020 Yes: Brownlee, Campbell, McCoy, Bacon, Vogt, and Copeland Excused: Mickelson 8. INSTALLATION OF MAYOR AND CITY COUNCILMEMBERS: Judge Katie McElhinney A. Installation of Mayor and Councilmembers. Assistant City Clerk, Brenda Long, introduced Municipal Court Judge Katie McElhinney, who administered the oaths of office for Mayor Copeland and Councilmembers Bacon, Campbell, and Mickelson. B. Seating of Mayor and Councilmembers. Mayor Copeland John Bacon, At-Large Larry Campbell, Ward 1 Adam Mickelson, Ward 2 C. Election of Mayor Pro-Tem. Motion by Copeland, seconded by Vogt, to elect Councilmember John Bacon as Mayor Pro-Tem. Motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland D. Installation of Mayor Pro-Tem. Judge McElhinney administered the oath of office for Mayor Pro-Tem Bacon. After the oath of office, Mayor Copeland introduced his family and friends who were in attendance and invited the newly elected council members to do the same. 9. BENEDICTION: Tim McCown, Elder Board Chair, Ascend Church The benediction was given by Tim McCown, chariman for the Elder Board of Ascend Church. 10. SPECIAL BUSINESS A. Proclamation designating Monday, January 20, 2020 as Martin Luther King Jr. Day. Mayor Copeland read the proclamation and presented it to LaDonna McCullough, Director for Intercultural Engagement at MidAmerica Page 2 of 11 City Council Meeting Minutes January 7, 2020 Nazarene University. Ms. McCullough invited everyone to attend MLK events on the MidAmerica campus. 11. CONSENT AGENDA Councilmember Mickelson requested item "B" be removed for separate consideration and vote. Councilmember Brownlee requested item "M" be removed for separate consideration and vote. Councilmember McCoy requested item "S" be removed for separate consideration and vote. Motion by Bacon, seconded by Vogt to approve the consent agenda with the exception of items B, M, and S. Motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland A. Consideration of a new drinking establishment application for HOA Hotels Kansas, LLC, d/b/a Embassy Suites/J Bar, located at 10401 S. Ridgeview Road and a renewal application for Bao-Li Enterprises, LLC, d/b/a Master Wok, located at 14947 W. 119th Street. Approved B. Consideration of approval for 2020 Audit Plan. Councilmember Mickelson asked for a presentation to better understand the Council's input on developing the audit plan. Mary Ann Vasser, Internal Auditor, provided information about the background and process for how the plan had been created. Mr. Mickelson expressed his desire to be able to provide input in the future. Motion by Bacon, seconded by Vogt to approve Consent item B. Motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland C. Consideration of Resolution No. 20-1001 establishing a regular schedule of dates and times for City Council meetings until the next City election. Approved D. Consideration of approval of access swap with Kansas Department of Transportation to eliminate old access and authorize existing access on east side of Lone Elm Road approximately 600 feet south Old 56 Highway. Page 3 of 11 City Council Meeting Minutes January 7, 2020 Approved E. Consideration of approval of dedication of City-owned property as right-of-way along east side of Lone Elm Road south of Old 56 Highway. Approved F. Consideration of Resolution No. 20-1002 authorizing submittal of an application for grant funding in the amount of $24,582.50 with the Kansas Department of Health and Environment (KDHE) for Raven Ridge Park Playground. Approved G. Request for approval of a Sign Package for Garmin Olathe Soccer Complex (PR19-0026); located northwest of the intersection of Ridgeview Road and 106th Street. Planning Commission recommended approval of this Sign Package 9-0. Approved H. Consideration of Consent Calendar. Approved I. Consideration of Resolution No. 20-1003 authorizing the 2020 Street Preservation Program, PN 3-P-000-20. Approved J. Consideration of Resolution No. 20-1004 authorizing the 2020 Miscellaneous ADA Sidewalk Repair and Replacement Project, PN 3-C-093-20. Approved K. Consideration of Resolution No. 20-1005 authorizing the 2020 Advanced Transportation Management System (ATMS) Replacement and Repair Project, PN 3-C-037-20. Approved L. Consideration of Resolution No. 20-1006 authorizing the 2020 Bridge Repair Project, PN 3-G-000-20. Approved M. Consideration of Resolution No. 20-1007 authorizing the 2020 Sidewalk Construction Project, PN 3-C-072-20. Councilmember Brownlee had questions regarding how many school districts the City of Olathe touches and how it is determined where sidewalks are installed. Ms. Brownlee indicated she had been made aware of various sidewalks in the Spring Hill district that needed attention. Page 4 of 11 City Council Meeting Minutes January 7, 2020 Public Works Deputy Director, Beth Wright, explained that Olathe serves three districts, including Spring Hill, and would be looking at walking maps to identify missing links. Motion by Bacon, seconded by Vogt to approve consent agenda item M. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland N. Consideration of Resolution No. 20-1008 authorizing the 2020 Traffic Signals Project, PN 3-TS-000-20. Approved O. Consideration of Resolution No. 20-1009 authorizing the 2020 Streetlight LED Conversion Project, PN 3-C-009-20. Approved P. Consideration of Resolution No. 20-1010 amending the Comprehensive Listing of Fees and Charges at the Solid Waste Transfer Station. Approved Q. Consideration of four (4) Real Estate Contracts for the purchase of four (4) homes as part of the Little Cedar Creek (Park to Elm) Phase II Stormwater Improvements Project, PN 2-C-017-19, authorizing the Mayor to sign the Real Estate Contracts, and further authorizing the City Attorney or designee to execute the closing documents. Approved R. Consideration of renewal of contract with Oracle America Inc. for technical support and licensing renewals for the EnterpriseOne Financial Management System. Approved S. Consideration of the purchase of Kennedy Fire Hydrants from Olathe Winwater Works for the Hydrant Replacement Project, PN 5-C-030-20. Councilmember McCoy had questions about how many fire hydrants are replaced each year and the life expectancy of a hydrant. Zach Hardy, Public Works Field Operations Manager, explained they expect a hydrant to last approximately 50 years as long as parts continue to be available. He said the replacement program was started in 2016 and they plan to replace 100-125 hydrants each year. Motion by Bacon, seconded by Vogt to approve consent item S. Motion carried with the following vote: Page 5 of 11 City Council Meeting Minutes January 7, 2020 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland T. Acceptance of bid and consideration of award of contract to Pro Circuit, Inc. for city-wide Generator Maintenance and Repair Services. Approved U. Acceptance of bid and consideration of award of contract to Pure Technologies U.S. Inc. (d/b/a Wachs Water Services) for water valve and fire hydrant exercise, inspections and fire flow testing. Approved 12. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 20-01 (VAC19-0005), requesting vacation of an existing waterline easement at Olathe Medical Center; located at 20333 W 151st Street. Planning Commission recommends approval 8-0. Motion by Bacon, Seconded by Vogt to approve Ordinance No. 20-01. Motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland 13. NEW BUSINESS-ADMINISTRATION A. Consideration of Charter Ordinance No. 80 and Ordinance No. 20-02 concerning the Municipal Court Administrator. Motion by Bacon, seconded by Vogt to approve Charter Ordinance No. 80. Motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland Motion by Bacon, seconded by Vogt to approve Ordinance No. 20-02. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Copeland B. Consideration of Ordinance No. 20-03 amending O.M.C. Chapter 2.34 making technical changes to the Olathe Community Fund ordinance. Motion by Vogt, seconded by Campbell to approve Ordinance 20-03. The motion carried with the following vote: Yes: Campbell, Mickelson, McCoy, Vogt, and Copeland No: Brownlee, and Bacon 14. NEW CITY COUNCIL BUSINESS Page 6 of 11 City Council Meeting Minutes January 7, 2020 Councilmember Brownlee shared that Councilmember McCoy had taken water to a citizen's home in a time of need and wanted to thank him for his kindness. Councilmember Campbell said he is looking forward to working with the new council. Councilmember Bacon said he, too, is looking forward to working with this council and doing great things for Olathe. Councilmember Vogt welcomed Councilmember Adam Mickelson, and congratulated the other council members on their re-election. She also shared that 2020 is the "year of the nurse" and expressed appreciation for her nurse colleagues. She also requested everyone to pray for the military, especially during this time of unrest. Councilmember McCoy welcomed Adam Mickelson and congratulated new Mayor Pro-Tem Bacon. He also said he appreciated the Police and Fire departments and wanted to let them know we do not take them for granted. Mayor Copeland welcomed Councilmember Mickelson. Councilmember Mickelson thanked the citizens of Olathe and said he is excited to serve and do great things for the community. He said he appreciates and is looking forward to working with staff as well as the Council. Mayor Copeland said it is an amazing privilege to serve Olathe. Mr. Copeland said it is very humbling, but an enormous responsibility. He said there have been great things accomplished, but still more to do and he is looking forward to continuing to be a part of the council. 15. END OF TELEVISED SESSION 16. GENERAL ISSUES AND CONCERNS OF CITIZENS None 17. CONVENE FOR PLANNING SESSION A. DISCUSSION ITEMS 1. Discussion on the Fire Station No. 8 Improvements Project, PN 6-C-009-18. (15 mins) Page 7 of 11 City Council Meeting Minutes January 7, 2020 Public Works Deputy Director, Beth Wright, gave a presentation on the Fire Station No. 8 Improvements Project. Councilmember Campbell had questions about the cost of purchasing the acreage and the cost of the construction. Fire Chief, Jeff DeGraffenreid, explained that part of the cost of the property would be assessed to Parks & Rec as they would be using a portion. Ms. Wright explained the agreement with Turner Construction and the design work. Mr. Campbell also asked about the neighborhood meetings and when they would take place. Councilmember McCoy asked questions about what area would be notified of the neighborhood meeting. Ms. Wright explained the distance that is used to determine who would be notified. Councilmember Mickelson expressed concern about the close proximity of the park and how the noise of fire engines might affect small children who would be playing there. Parks & Rec Director, Michael Meadors, shared that studies indicate neighborhood parks close to a fire or police station are safer and the actual play area would be at a distance to not harm children's hearing. Mr. Mickelson also asked about the curve in the drive to the fire station and Chief DeGraffenreid said that it is longer than normal from the station to the street knowing that Lakeshore drive will be widened in the future. Mr. Mickelson asked what would happen to the temporary facility that is being used for Fire Station 8 and Mr. Meadors Page 8 of 11 City Council Meeting Minutes January 7, 2020 said the property would be repurposed. Mr. Mickelson asked about the possibility of obtaining bids from multiple companies and Ms. Wright explained the Guaranteed Maximum Price (GMP) process that is being used and talked about the different types of procurement processes. Councilmember Brownlee inquired about the location of Fire Station 7 and what the cost of building that station was. Ms. Wright said that station was built in 2007 and compared square footage pricing to current fire station construction in the surrounding region. Ms. Brownlee asked what makes a fire station so expensive. Ms. Wright said the HVAC system is part of the extra expenses because the building has to serve as a commercial facility as well as a residence for the fire fighters when they are on duty. Ms. Brownlee also asked what the difference is between the GMP process and a design/build process and Ms. Wright explained the difference. Councilmember Bacon asked if we would see the breakdown in pricing and if it was an "open" process. Ms. Wright said we would be able to see the unit pricing and their cost. Mr. Bacon said he would like to keep the company accountable. Mr. Bacon asked if we would be operating squads out of this facility. Chief DeGraffenreid said that at sometime in the future this station would house a squad. Councilmember Vogt asked what area this station would cover. Chief DeGraffenreid explained that it will cover most of southwest Olathe. Ms. Vogt asked if this station will have a fire pole and Chief Page 9 of 11 City Council Meeting Minutes January 7, 2020 DeGraffenreid said it will. He said it is designed for the fire fighters to get out of the station as quickly as possible. Councilmember McCoy asked about the number of staff at this station and Chief DeGraffenreid said there will be three staff members on duty 24 hours. Mr. McCoy asked if the City had used Turner Construction in the past for previous projects and Ms. Wright said they had. Councilmember Mickelson asked if this station would have a police "touch down" space and Chief DeGraffenreid said the station would always be available to police officers but there would not be a designated space as in other stations. Councilmember Brownlee asked about the distance from Lake Olathe to the park that is planned. Mr. Meadors said it is almost a mile to Lake Olathe and that is the approximate distance they like between neighborhood parks. Councilmember Vogt asked about the condition of the older stations. Chief DeGraffenreid said some of the older stations are showing their age and staff has undertaken a facility evaluation and would be working to address the needs. Ms. Vogt asked that the Council be provided with a report. Mayor Copeland asked Chief DeGraffenreid to provide the Council with an assessment of the resources our fire department sends to other communities. 18. ADDITIONAL ITEMS Councilmember Bacon asked questions about the upcoming council retreat and asked if there were alternatives to the date and location. City Manager, Michael Wilkes, said they would look into options. Mr. Bacon mentioned there might be a different seating order on the dais for council meetings going forward. Page 10 of 11 City Council Meeting Minutes January 7, 2020 Councilmember Vogt asked if the City ever receives compensation for damaged hydrants, light poles, etc. Resource Management Director, Dianna Wright, said the City does approach the insurance companies and in 2019 received over $100,000 for damages. Zach Hardy, Public Works Field Operations Manager, said the City also pursues restitution through Court Services. Councilmember McCoy reminded everyone of the Martin Luther King events to be hosted at MidAmerica Nazarene University. Councilmember Mickelson shared appreciation for Michael Meadors and the Parks & Rec staff for the Raven Ridge park project that is being completed partially with grant dollars and recycled material. Councilmember Campbell reminded everyone that January 9th would be National Law Enforcement day. 19. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Brenda D. Long Assistant City Clerk Page 11 of 11

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 7, 2020 | 7:00 PM A RECEPTION TO HONOR THE NEWLY ELECTED COUNCIL MEMBERS - CITY HALL LOBBY - 6:30 P.M. 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. INVOCATION: Pastor Sylvia Romero, Center of Grace 4. PRESENTATION OF COLORS: Police and Fire Departments Honor Guard 5. NATIONAL ANTHEM: Elise Peterson, Director of Choirs at Olathe South High School 6. PLEDGE OF ALLEGIANCE 7. APPROVAL OF CITY COUNCIL MEETING MINUTES A. Consideration of approval of the City Council meeting minutes of December 17, 2019. Staff Contact: Dianna Wright and David Bryant Action needed: Consider a motion to approve or deny. 8. INSTALLATION OF MAYOR AND CITY COUNCILMEMBERS: Judge Katie McElhinney A. Installation of Mayor and Councilmembers. B. Seating of Mayor and Councilmembers. C. Election of Mayor Pro-Tem. D. Installation of Mayor Pro-Tem. 9. BENEDICTION: Tim McCown, Elder Board Chair, Ascend Church 10. SPECIAL BUSINESS Page 1 of 5 City Council Meeting Agenda January 7, 2020 A. Proclamation designating Monday, January 20, 2020 as Martin Luther King Jr. Day. Staff Contact: Liz Ruback 11. 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 a new drinking establishment application for HOA Hotels Kansas, LLC, d/b/a Embassy Suites/J Bar, located at 10401 S. Ridgeview Road and a renewal application for Bao-Li Enterprises, LLC, d/b/a Master Wok, located at 14947 W. 119th Street. Staff Contact: Ron Shaver and Brenda Long B. Consideration of approval for 2020 Audit Plan. Staff Contact: Mary Ann Vassar C. Consideration of Resolution No. 20-1001 establishing a regular schedule of dates and times for City Council meetings until the next City election. Staff Contact: Ron Shaver and Daniel Yoza D. Consideration of approval of access swap with Kansas Department of Transportation to eliminate old access and authorize existing access on east side of Lone Elm Road approximately 600 feet south Old 56 Highway. Staff Contact: Ron Shaver and Chris Grunewald E. Consideration of approval of dedication of City-owned property as right-of-way along east side of Lone Elm Road south of Old 56 Highway. Staff Contact: Ron Shaver and Chris Grunewald F. Consideration of Resolution No. 20-1002 authorizing submittal of an application for grant funding in the amount of $24,582.50 with the Kansas Department of Health and Environment (KDHE) for Raven Ridge Park Playground. Staff Contact: Michael Meadors and Lisa Donnelly Page 2 of 5 City Council Meeting Agenda January 7, 2020 G. Request for approval of a Sign Package for Garmin Olathe Soccer Complex (PR19-0026); located northwest of the intersection of Ridgeview Road and 106th Street. Planning Commission recommended approval of this Sign Package 9-0. Staff Contact: Aimee Nassif and Zach Moore H. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Beth Wright I. Consideration of Resolution No. 20-1003 authorizing the 2020 Street Preservation Program, PN 3-P-000-20. Staff Contact: Mary Jaeger and Beth Wright J. Consideration of Resolution No. 20-1004 authorizing the 2020 Miscellaneous ADA Sidewalk Repair and Replacement Project, PN 3-C-093-20. Staff Contact: Mary Jaeger and Beth Wright K. Consideration of Resolution No. 20-1005 authorizing the 2020 Advanced Transportation Management System (ATMS) Replacement and Repair Project, PN 3-C-037-20. Staff Contact: Mary Jaeger and Beth Wright L. Consideration of Resolution No. 20-1006 authorizing the 2020 Bridge Repair Project, PN 3-G-000-20. Staff Contact: Mary Jaeger and Beth Wright M. Consideration of Resolution No. 20-1007 authorizing the 2020 Sidewalk Construction Project, PN 3-C-072-20. Staff Contact: Mary Jaeger and Beth Wright N. Consideration of Resolution No. 20-1008 authorizing the 2020 Traffic Signals Project, PN 3-TS-000-20. Staff Contact: Mary Jaeger and Beth Wright O. Consideration of Resolution No. 20-1009 authorizing the 2020 Streetlight LED Conversion Project, PN 3-C-009-20. Staff Contact: Mary Jaeger and Beth Wright P. Consideration of Resolution No. 20-1010 amending the Comprehensive Listing of Fees and Charges at the Solid Waste Transfer Station. Staff Contact: Mary Jaeger and Alan Shorthouse Page 3 of 5 City Council Meeting Agenda January 7, 2020 Q. Consideration of four (4) Real Estate Contracts for the purchase of four (4) homes as part of the Little Cedar Creek (Park to Elm) Phase II Stormwater Improvements Project, PN 2-C-017-19, authorizing the Mayor to sign the Real Estate Contracts, and further authorizing the City Attorney or designee to execute the closing documents. Staff Contact: Mary Jaeger and Beth Wright R. Consideration of renewal of contract with Oracle America Inc. for technical support and licensing renewals for the EnterpriseOne Financial Management System. Staff Contact: Mike Sirna and Amy Tharnish S. Consideration of the purchase of Kennedy Fire Hydrants from Olathe Winwater Works for the Hydrant Replacement Project, PN 5-C-030-20. Staff Contact: Mary Jaeger and Amy Tharnish T. Acceptance of bid and consideration of award of contract to Pro Circuit, Inc. for city-wide Generator Maintenance and Repair Services. Staff Contact: Mary Jaeger and Amy Tharnish U. Acceptance of bid and consideration of award of contract to Pure Technologies U.S. Inc. (d/b/a Wachs Water Services) for water valve and fire hydrant exercise, inspections and fire flow testing. Staff Contact: Mary Jaeger and Amy Tharnish 12. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance No. 20-01 (VAC19-0005), requesting vacation of an existing waterline easement at Olathe Medical Center; located at 20333 W 151st Street. Planning Commission recommends approval 8-0. Staff Contact: Aimee Nassif and Kim Hollingsworth Action needed: Consider a motion to approve or deny. 13. NEW BUSINESS-ADMINISTRATION A. Consideration of Charter Ordinance No. 80 and Ordinance No. 20-02 concerning the Municipal Court Administrator. Staff Contact: Ron Shaver and Daniel Yoza Action needed: Consider a motion to approve or deny. B. Consideration of Ordinance No. 20-03 amending O.M.C. Chapter 2.34 making technical changes to the Olathe Community Fund ordinance. Staff Contact: Ron Shaver and Daniel Yoza Action needed: Consider a motion to approve or deny. Page 4 of 5 City Council Meeting Agenda January 7, 2020 14. NEW CITY COUNCIL BUSINESS 15. END OF TELEVISED SESSION 16. GENERAL ISSUES AND CONCERNS OF CITIZENS 17. CONVENE FOR PLANNING SESSION A. DISCUSSION ITEMS 1. Discussion on the Fire Station No. 8 Improvements Project, PN 6-C-009-18. (15 mins) Staff Contact: Mary Jaeger and Beth Wright 18. ADDITIONAL ITEMS 19. 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 5 of 5

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