City Council
Regular MeetingOlathe, KS · November 3, 2020
Minutes
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | November 3, 2020 | 7:00 PM
A reception to honor newly elected Councilmember, Kevin Gilmore
was held in the City Hall lobby at 6:30 PM.
1. CALL TO ORDER
Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
Also in attendance was City Manager, Michael Wilkes, Assistant City Manger,
Susan Sherman and City Attorney, Ron Shaver.
2. BEGIN TELEVISED SESSION – 7:00 P. M.
3. INVOCATION: Pastor Gary Kendall
The invocation was given by Pastor Gary Kendall.
4. PRESENTATION OF COLORS: American Legion Honor Guard
The honor guard from the American Legion presented the colors.
5. NATIONAL ANTHEM: Carter Stelting
The National Anthem was sung by Carter Stelting, a junior at Olathe South High
School.
6. PLEDGE OF ALLEGIANCE
7. INSTALLATION OF WARD 3 COUNCIL MEMBER: Judge Katie
McElhinney
Municipal Court Judge, Katie McElhinney, administered the oath of office.
Mayor Bacon invited Mr. Gilmore to introduce his wife and say a few words.
Councilmember Gilmore introduced his wife, Julie, and said it was an honor to
serve in this capacity. He thanked the Council for their vote of confidence and
said he is looking forward to representing not just his ward, but the entire City's
best interest.
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City Council Meeting Minutes November 3, 2020
Mayor Bacon thanked Mr. Gilmore for stepping up and said he believed the City
was lucky to have him join the council.
Councilmember Campbell said because Olathe residents had elected Mr.
Gilmore in the past to the Olathe School Board and the State Board of
Education, it seemed that he would be a good choice to appoint to the Council.
Councilmember Brownlee said she has known Mr. Gilmore for many years. She
said he is a man of integrity and a leader.
Councilmember McCoy said it is a blessing to have Mr. Gilmore join the
Council. He said he will bring a depth of knowledge to the Council that will help
them to continue to move forward.
8. SPECIAL BUSINESS
A. Proclamation recognizing November 11, 2020 as Veterans Day.
Mr. John Smith, commander of the American Legion Post, accepted
the proclamation.
Mr. Smith thanked the City for their support and encouraged
residents to visit the new Gold Star Memorial in Veterans Park.
B. Proclamation recognizing November as Native American Heritage
Month.
Robin Kern, with the Daughters of the American Revolution, Olathe
Chapter, accepted the Native American Heritage Month
proclamation.
9. CONSENT AGENDA
Councilmember Brownlee asked for item G to be considered separately.
Councilmember Mickelson asked for item H be considered separately since it
was related to item G.
Motion by Campbell, and seconded by Vogt, to approve the consent agenda with
the exception of items G and H. The motion carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
A. Consideration of approval of the City Council meeting minutes of
October 20, 2020.
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City Council Meeting Minutes November 3, 2020
Approved
B. Consideration of a drinking establishment renewal application for 105
Pizza, LLC, d/b/a Minsky’s Pizza.
Approved
C. Consideration of Resolution No. 20-1068 adopting the Benefit District
Policy.
Approved
D. Consideration of Resolution No. 20-1069 adopting the Industrial
Revenue Bond and Tax Abatement (IRB) Policy.
Approved
E. Consideration of Consent Calendar
Approved
F. Consideration of an easement conveyance from the City of Olathe to
Evergy Metro, Inc for the Park Maintenance Facilities Improvements
Project, PN 6-C-001-18.
Approved
G. Consideration of Resolution No. 20-1070 authorizing the Interstate 35
and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16;
and repealing Resolution No. 19-1046.
Councilmember Brownlee asked for more information regarding the
source of the additional funding needed for this project.
Deputy Public Works Director, Beth Wright, explained there had
been significant savings on other projects that would be applied to
the project.
Councilmember Brownlee said she was pleased with the good news
of the savings and thanked staff for their hard work to make sure
projects not only were within budget, but were under budget.
Councilmember Mickelson said he had asked for item H to be
considered separately only because it was related to G, and
suggested G and H be considered together and voted on together.
Motion by Campbell, seconded by Vogt, to approve item G, Resolution
No. 20-1070. The motion carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
H. Consideration of Engineer’s Estimate, acceptance of bids and award of
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City Council Meeting Minutes November 3, 2020
contract to Miles Excavating, Inc. for construction of the Interstate 35
and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16.
Motion by Campbell, seconded by Vogt, to approve item H. The motion
carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
I. Consideration of award of contract to CB Garment Inc. for the purchase
of Personal Protective Equipment (PPE) for the Fire Department.
Approved
J. Acceptance and consideration of award of contract to SKC
Communications for audio visual equipment and services to upgrade
various City conference rooms to allow for teleconferencing capabilities.
Approved
K. Acceptance and consideration of award of contract to CCS
Communications for audio visual equipment and services to upgrade
various City conference rooms and multi-purpose venue spaces to allow
for teleconferencing capabilities.
Approved
L. Acceptance of proposal and consideration of award of contract to
AmeriFence for the construction of a fence for the Olathe Cemetery.
Approved
M. Approval and consideration of award to Ice Masters, Inc. for ice machine
equipment and unit retrofits necessary to provide dispensed ice
(touchless) at City Facilities.
Approved
N. Consideration of acceptance of proposal from Anthem Life Insurance
Company for the health and prescription stop-loss insurance programs.
Approved
10. NEW BUSINESS-ADMINISTRATION
A. Consideration of Ordinance 20-37 amending Chapter 5.36 of the Olathe
Municipal Code pertaining to Massage Therapy.
Motion by Campbell, seconded by Vogt, to approve Ordinance 20-37.
The motion carried by the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
11. NEW CITY COUNCIL BUSINESS
Councilmember Mickelson welcomed Mr. Gilmore and said he was excited to
have him on the Council.
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City Council Meeting Minutes November 3, 2020
Councilmember McCoy welcomed Mr. Gilmore. He thanked the Parks and Rec.
staff for the trick or treating event they hosted. He said everyone had a great
time.
Councilmember Vogt also welcomed Mr. Gilmore and said his leadership skills
proceeded him. She acknowledged Veterans day and said she wanted to
recognize the sacrifices families have made for the freedoms we experience.
Ms. Vogt also said it is good to have the Native American Month in November
as we celebrate Thanksgiving.
Councilemember Brownlee said she and her husband had visited Plymouth
Rock on the 400th anniversary of the landing of the Mayflower.
Councilmember Gilmore thanked veterans for their service to our country.
Mayor Bacon invited residents to attend the Mayor's Children's Fund
Eggstravaganza next week. He said they are offering curb side pick up and
delivery this year. He said the goal this year is $150,000 and they have so far
raised approximately $45,000.
12. END OF TELEVISED SESSION
13. GENERAL ISSUES AND CONCERNS OF CITIZENS
None
14. ADDITIONAL ITEMS
Councilmember Brownlee said she had been a part of a group who had met
with Burlington Northern Railroad and had discussions regarding the west
tracks.
Mayor Bacon said he was looking forward to having Mr. Gilmore on the council.
City Manager, Michael Wilkes, welcomed Mr. Gilmore on behalf of the staff, and
said he was looking forward to working with him.
Councilmember Campbell reminded the Council there would be orientation
sessions set up for Councilmember Gilmore and other council members could
join if they wanted to.
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City Council Meeting Minutes November 3, 2020
15. ADJOURNMENT
The meeting was adjourned at 7:30 PM.
Brenda D. Long
City Clerk
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Agenda
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | November 3, 2020 | 7:00 PM
NOTICE - Per Executive Order No. 20-52 masks are required to enter City Hall. In
an effort to follow social distancing guidelines during the COVID-19 pandemic, there
is a limited amount of space and chairs available in the Council Chambers to
accommodate the public. Members of the public are encouraged to watch the
meeting live on-line at OlatheKS.org/OGN or at their convenience, once the meeting
video is archived within hours of its conclusion.
RECEPTION TO HONOR THE NEWLY APPOINTED COUNCIL
MEMBER: CITY HALL LOBBY, 6:30 PM
1. CALL TO ORDER
2. BEGIN TELEVISED SESSION – 7:00 P. M.
3. INVOCATION: Pastor Gary Kendall
4. PRESENTATION OF COLORS: American Legion Honor Guard
5. NATIONAL ANTHEM: Carter Stelting
6. PLEDGE OF ALLEGIANCE
7. INSTALLATION OF WARD 3 COUNCIL MEMBER: Judge Katie
McElhinney
8. SPECIAL BUSINESS
A. Proclamation recognizing November 11, 2020 as Veterans Day.
Staff Contact: Liz Ruback
Attachments: 11-3-20 Veterans Day Proclamation
B. Proclamation recognizing November as Native American Heritage
Month.
Staff Contact: Liz Ruback
Attachments: 11-3-20 Native American Heritage Month
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City Council Meeting Agenda November 3, 2020
9. 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 20, 2020.
Staff Contact: Brenda Long
Attachments: A. 10-20-2020 Council Minutes
B. Consideration of a drinking establishment renewal application for 105
Pizza, LLC, d/b/a Minsky’s Pizza.
Staff Contact: Brenda Long
Attachments: A. 105 Pizza, LLC Staff Recommendations
C. Consideration of Resolution No. 20-1068 adopting the Benefit District
Policy.
Staff Contact: Dianna Wright and Ron Shaver
Attachments: Attachment A - Policy PI-5 Benefit Districts
D. Consideration of Resolution No. 20-1069 adopting the Industrial
Revenue Bond and Tax Abatement (IRB) Policy.
Staff Contact: Dianna Wright and Ron Shaver
Attachments: Attachment A - Policy F-5 Tax Abatement
E. Consideration of Consent Calendar
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Consent Calendar
B. Change Orders
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City Council Meeting Agenda November 3, 2020
F. Consideration of an easement conveyance from the City of Olathe to
Evergy Metro, Inc for the Park Maintenance Facilities Improvements
Project, PN 6-C-001-18.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Easement
G. Consideration of Resolution No. 20-1070 authorizing the Interstate 35
and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16;
and repealing Resolution No. 19-1046.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Resolution
H. Consideration of Engineer’s Estimate, acceptance of bids and award of
contract to Miles Excavating, Inc. for construction of the Interstate 35
and 119th Street Interchange Reconfiguration Project, PN 3-C-026-16.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Construction Agreement
D. Affidavit and Engineer's Estimate
I. Consideration of award of contract to CB Garment Inc. for the purchase
of Personal Protective Equipment (PPE) for the Fire Department.
Staff Contact: Jeff DeGraffenreid and Amy Tharnish
Attachments: A Quote.pdf
B Stedair EMS 320 specification.pdf
C Sole Source.pdf
J. Acceptance and consideration of award of contract to SKC
Communications for audio visual equipment and services to upgrade
various City conference rooms to allow for teleconferencing capabilities.
Staff Contact: Mike Sirna and Amy Tharnish
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City Council Meeting Agenda November 3, 2020
K. Acceptance and consideration of award of contract to CCS
Communications for audio visual equipment and services to upgrade
various City conference rooms and multi-purpose venue spaces to allow
for teleconferencing capabilities.
Staff Contact: Mike Sirna and Amy Tharnish
L. Acceptance of proposal and consideration of award of contract to
AmeriFence for the construction of a fence for the Olathe Cemetery.
Staff Contact: Brad Clay and Amy Tharnish
Attachments: Proposal Composite Summary
M. Approval and consideration of award to Ice Masters, Inc. for ice machine
equipment and unit retrofits necessary to provide dispensed ice
(touchless) at City Facilities.
Staff Contact: Brad Clay and Amy Tharnish
Attachments: Quote
N. Consideration of acceptance of proposal from Anthem Life Insurance
Company for the health and prescription stop-loss insurance programs.
Staff Contact: Dianna Wright, Kim Marshall and Amy Tharnish
Attachments: A. Marketing Detail - $200,000 Specific Deductible and
Proposal Risk Summary
10. NEW BUSINESS-ADMINISTRATION
A. Consideration of Ordinance 20-37 amending Chapter 5.36 of the Olathe
Municipal Code pertaining to Massage Therapy.
Staff Contact: Ron Shaver and Chris Grunewald
Attachments: Attachment 1 - Ordinance 20-37 amending OMC
Chapter 5.36 11.3.2020.docx
11. NEW CITY COUNCIL BUSINESS
12. END OF TELEVISED SESSION
13. GENERAL ISSUES AND CONCERNS OF CITIZENS
14. ADDITIONAL ITEMS
15. ADJOURNMENT
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City Council Meeting Agenda November 3, 2020
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.
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