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City Council

Regular Meeting

Olathe, KS · December 1, 2020

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 1, 2020 | 7:00 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA At the applicant's request, item H was pulled from the Consent Agenda to be considered at a later council meeting. Councilmember Mickelson asked for item K to be pulled for separate consideration and vote. Councilmember McCoy asked for item L to be pulled for separate consideration and vote. Motion by Campbell, seconded by Vogt, to approve the Consent Agenda with the exception of items H, K and L. 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 November 17, 2020. Approved B. Consideration of cereal malt beverage license applications for calendar year 2021. Approved C. Consideration of private club licenses for the American Legion, Earl Collier Post 153, located at 410 E. Dennis and Scissors and Scotch, located at 14905 W. 119th Street. Approved D. Consideration of a drinking establishment renewal application for Salty Iguana of Olathe. Approved Page 1 of 8 City Council Meeting Minutes December 1, 2020 E. Consideration of Resolution No. 20-1072 consenting to the assignment of bonds and related documents from Sun Life Assurance Company of Canada to MDH F1 Dawn, LLC for Buildings B and C located in the I-35 Logistics Park. Approved F. Request for the acceptance of the dedication of land for public easements for a final plat for Foxfield Villas South, Second Plat (FP20-0023) containing seven (7) residential lots and one (1) tract on 1.55± acres; located along at the southeast corner of the intersection of Lone Elm Road and 117th Street. Planning Commission approved this plat 6-0. Approved G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Ranch Villas at Prairie Farms (FP20-0024) containing two (2) tracts on approximately 25.31 acres; located in the vicinity of Hedge Lane and Santa Fe Street. Planning Commission approved this plat 5 to 0. Approved H. Request for approval of a Monument Sign Package for Olathe Station North on approximately 36.1 acres; located at 15135 W. 119th Street. Planning Commission recommended approval 6 to 0. The applicant requested this item be withdrawn from the agenda to be considered at a later council meeting. This Council Consent Item was withdrawn. I. Consideration of Consent Calendar. Approved J. Consideration of an Agreement with Johnson County for construction of the Ridgeview, 143rd to 151st, Improvements Project, PN 3-C-058-19. Approved K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders, LLC for construction of the 159th Street and Black Bob Road Improvements Project, PN 3-C-006-16. Councilmember Mickelson asked for item K to be considered separately. He had questions about the cost of this project the savings that had been realized from the initial budgeted amount. Nate Baldwin, Assistant City Engineer, shared information about the bid process and the favorable bids that had been received. Motion by Campbell, seconded by Vogt, to approve item K. The motion carried with the following vote: Page 2 of 8 City Council Meeting Minutes December 1, 2020 Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore L. Consideration of an Agreement with Gould Evans for design services for the Downtown Library project, PN 6-C-020-20. Councilmember McCoy asked that item L to be considered separately. He had questions regarding electric vehicle charging stations. Jeff Blakeman, Senior Build Design Project Manager, explained that charging stations could be a part of the design for the new library if the Council would like those to be included. Councilmember McCoy determined that his questions pertained to a report on the agenda and not this agenda item. Motion by Campbell, seconded by Vogt, to approve item L. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore M. Consideration of an Agreement with McCown Gordon Construction for construction management services for the Downtown Library project, PN 6-C-020-20. Approved N. Acceptance of bid and consideration of award of contract to EMCOR Services Fagan for HVAC repair, installation, and maintenance services as a secondary contractor for the Facilities Maintenance Division. Approved O. Consideration of renewal of contract to Mayer Specialty Services for sanitary sewer manhole lining and rehabilitation. Approved P. Consideration of renewal of contract with Oracle America Inc. for technical support and licensing for the EnterpriseOne Financial Management System. Approved Q. Consideration of renewal of contract with KanREN for the purchase of internet products, network services, security products, cloud services, video conferencing, and professional and support services for the Information Technology Department. Approved Page 3 of 8 City Council Meeting Minutes December 1, 2020 5. NEW BUSINESS-PUBLIC WORKS A. Consideration of Ordinance 20-40 amending Chapters 18.30 and 18.50 of the Unified Development Ordinance and Consideration of Ordinance 20-41 amending Chapter 08.10 of the Olathe Municipal Code pertaining to the keeping of animals. Planning Commission recommends approval 6-0. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-40. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore Councilmember Campbell inadvertently omitted Ordinance No. 20-41 from the previous motion. A seconded motion and vote was required. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-41. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 6. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 20-42 authorizing issuance of the City’s taxable Industrial Revenue bonds in an amount not to exceed $2,700,000 to Calukas Commercial Properties, LLC, Series 2020, for the construction of a 20,000 sq. ft. facility located at 15430 S. Mahaffie St. (Garrison Plumbing and Total Design Flooring, Inc Project). Councilmember Brownlee asked for a presentation. Emily Vincent, Administrative Services Officer, provided a short overview of this project. Councilmember Brownlee asked about the length of the timeline and Ms. Vincent said a year is fairly normal to complete construction and issue bonds. Councilmember Mickelson asked about the taxes and Ms. Vincent said she would provide that information to the Council. Councilmember Campbell asked about the total amount and Ms. Vincent said it could be less than the projected $2.7 million, but would be capped at that amount. Motion by Campbell, seconded by Vogt, to approve Ordinance No. Page 4 of 8 City Council Meeting Minutes December 1, 2020 20-42. The motion carried by the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Ordinance No. 20-43 amending Section 10.01.114.4 of the Olathe Municipal Code pertaining to driving golf carts on public streets. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 20-43. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 7. NEW CITY COUNCIL BUSINESS Councilmember Gilmore thanked the Police Department and Chief Butaud for the time they gave him to learn about their department. Councilmember Brownlee announced the safe arrival of her newest grandson. Mayor Bacon said he knew congratulations were in order for Councilmember Gilmore as well. Councilmember Vogt said she had noticed work had begun on 119th Street and wondered if there would be special signs posted to alert motorists. Nate Baldwin, Assistant City Engineer, said signs would be posted very soon. Ms. Vogt also mentioned that it was "Giving Tuesday" and wanted to encourage people to give to charitable organizations. Councilmember McCoy shared that he had been a part of a tour at the Municipal Court building and had been able to see the great work being done on the expansion. He said they are continuing to work to find ways to accommodate individuals without access to technology. Councilmember Mickelson asked for an update on the work being done on Woodland Road. Assistant City Engineer, Nate Baldwin, said they hoped to have the surface work completed very soon and it would be open sometime this month. Mayor Bacon thanked the Parks and Recreation staff for all their work with the Mayor's Christmas Tree Lighting. He also mentioned his granddaughters were Page 5 of 8 City Council Meeting Minutes December 1, 2020 very helpful in assisting him with the lighting. 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS None 10. 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 on the authorization of the Electric Vehicle Solar Charging and Fleet Electrification Project, PN 8-C-003-20. Councilmember McCoy asked for a presentation. Councilmember McCoy asked if there was a fee for the usage and Zach Hardy, Field Operations Manager, said the current stations were free to use and the plan was the new ones would be free to use as well. Mr. McCoy stated that perhaps charging a fee could be considered in the future to off set costs. Councilmember Brownlee asked about the cost of the vehicles and Mr. Hardy acknowledged that electric vehicles are more expensive. Ms. Brownlee asked how they compared to gas vehicles. Mr. Hardy explained there is very little regular maintenance cost required for an electric vehicle and said he would be happy to provide that data. Councilmember Vogt asked to have a report tracking the usage. Mr. Hardy said the grant requires annual reports and will also provide those to the Council. Councilmember Mickelson asked about the rating on the vehicle chosen and Mr. Hardy said he would get that information for him. Mr. Mickelson also asked why this particular vehicle was chosen and Mr. Hardy explained it was a part of a metropolitan bid process. He said it was the least expensive of the electric vehicles. Page 6 of 8 City Council Meeting Minutes December 1, 2020 Councilmember Gilmore asked if the City could decide to charge at a later date and Mr. Hardy said that would be possible with a software update. Councilmember Brownlee mentioned she thought there was a current study that addressed many of these questions. Mayor Bacon asked if the new vehicles would be replacing the current electric ones and Mr. Hardy said that was correct. Mr. Bacon asked if there would be a time limit imposed on vehicles using the station and Mr. Hardy said that was possible. He also said the reports that will be generated will provide information regarding usage. 2. Report on a Master Right-of-Way license agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility. Councilmember Campbell asked if the devices are going to be installed on existing poles. Assistant City Attorney, Daniel Yoza, said they could possibly be on existing or new poles. Councilmember Campbell asked about the fees and the extent of the work involved. Mr. Yoza explained the reason for fees. Mr. Campbell asked if this is the first Master Agreement and City Attorney, Ron Shaver, said it is more in the name but it is basically a franchise agreement. Mr. Campbell asked if there were any concerns from staff regarding this and Mr. Shaver said there were none. 3. Report on Ordinance No. 20-XX amending Title 7 of the Olathe Municipal Code concerning regulating Drinking Establishments. Councilmember McCoy asked for additional information. Assistant City Attorney, Daniel Yoza, explained that the Page 7 of 8 City Council Meeting Minutes December 1, 2020 ordinance modification was a result of the voters in Johnson County approving the removal of the 30% food sales requirement for drinking establishments. Mayor Bacon pointed out there was still a reference to the 30% food sales in one section that needed to be corrected. 11. ADDITIONAL ITEMS Councilmember McCoy commented on the excellent State of the City address. He asked if it would be available for citizens to view. He said he thought it went very well in spite of being moved to a virtual format. Communications and Customer Service Manager, Tim Danneberg, said it would be available on the City's YouTube channel as well as the website. Mayor Bacon said the State of the City was moved to the virtual format in a short amount of time and was appreciative of all the work to make that happen. Councilmember Campbell expressed concerns on the cost of land and buildings. City Manager, Michael Wilkes, reminded the council members he is waiting for dates from them regarding their availability for a retreat in early 2021. 12. ADJOURNMENT The meeting was adjourned at 7:49 PM. Brenda D. Long City Clerk Page 8 of 8

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 1, 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 online at OlatheKS.org/OGN or at their convenience, once the meeting video is archived within hours of its conclusion. 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. 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 November 17, 2020. Staff Contact: Brenda Long Attachments: A. 11-17-2020 Council Minutes B. Consideration of cereal malt beverage license applications for calendar year 2021. Staff Contact: Brenda Long C. Consideration of private club licenses for the American Legion, Earl Collier Post 153, located at 410 E. Dennis and Scissors and Scotch, located at 14905 W. 119th Street. Staff Contact: Brenda Long Attachments: A. American Legion Staff Recommendations B. Scissors and Scotch Staff Recommendations Page 1 of 6 City Council Meeting Agenda December 1, 2020 D. Consideration of a drinking establishment renewal application for Salty Iguana of Olathe. Staff Contact: Brenda Long Attachments: A. Salty Iguana of Olathe Staff Recommendations E. Consideration of Resolution No. 20-1072 consenting to the assignment of bonds and related documents from Sun Life Assurance Company of Canada to MDH F1 Dawn, LLC for Buildings B and C located in the I-35 Logistics Park. Staff Contact: Dianna Wright and Emily Vincent Attachments: Attachment A. Ordinance No. 13-06 Attachment B: Ordinance No. 18-52 Attachment C: MDH Partners, LLC letter Attachment D: Resolution No. 20-1072 F. Request for the acceptance of the dedication of land for public easements for a final plat for Foxfield Villas South, Second Plat (FP20-0023) containing seven (7) residential lots and one (1) tract on 1.55± acres; located along at the southeast corner of the intersection of Lone Elm Road and 117th Street. Planning Commission approved this plat 6-0. Staff Contact: Aimee Nassif and Zachary Moore Attachments: A. Planning Commission Packet B. Planning Commission Minutes G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat for Ranch Villas at Prairie Farms (FP20-0024) containing two (2) tracts on approximately 25.31 acres; located in the vicinity of Hedge Lane and Santa Fe Street. Planning Commission approved this plat 5 to 0. Staff Contact: Aimee Nassif and Emily Carrillo Attachments: A. Planning Commission Packet B. Planning Commission Minutes Page 2 of 6 City Council Meeting Agenda December 1, 2020 H. Request for approval of a Monument Sign Package for Olathe Station North on approximately 36.1 acres; located at 15135 W. 119th Street. Planning Commission recommended approval 6 to 0. Staff Contact: Aimee Nassif and Emily Carrillo Attachments: A. Planning Commission Packet B. Planning Commission Minutes I. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Consent Calendar J. Consideration of an Agreement with Johnson County for construction of the Ridgeview, 143rd to 151st, Improvements Project, PN 3-C-058-19. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Project Location Map B. Project Fact Sheet C. CARS Agreement K. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders, LLC for construction of the 159th Street and Black Bob Road Improvements Project, PN 3-C-006-16. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Project Location Map B. Project Fact Sheet C. Affidavit and Engineer's Estimate D. Contract Documents L. Consideration of an Agreement with Gould Evans for design services for the Downtown Library project, PN 6-C-020-20. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Project Location Map B. Project Fact Sheet C. Agreement D. Report 11-17-20 Page 3 of 6 City Council Meeting Agenda December 1, 2020 M. Consideration of an Agreement with McCown Gordon Construction for construction management services for the Downtown Library project, PN 6-C-020-20. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Project Location Map B. Project Fact Sheet C. Agreement D. Report 11-17-20 N. Acceptance of bid and consideration of award of contract to EMCOR Services Fagan for HVAC repair, installation, and maintenance services as a secondary contractor for the Facilities Maintenance Division. Staff Contact: Brad Clay and Amy Tharnish Attachments: Bid Tabulation O. Consideration of renewal of contract to Mayer Specialty Services for sanitary sewer manhole lining and rehabilitation. Staff Contact: Mary Jaeger and Amy Tharnish P. Consideration of renewal of contract with Oracle America Inc. for technical support and licensing for the EnterpriseOne Financial Management System. Staff Contact: Mike Sirna and Amy Tharnish Q. Consideration of renewal of contract with KanREN for the purchase of internet products, network services, security products, cloud services, video conferencing, and professional and support services for the Information Technology Department. Staff Contact: Mike Sirna and Amy Tharnish 5. NEW BUSINESS-PUBLIC WORKS Page 4 of 6 City Council Meeting Agenda December 1, 2020 A. Consideration of Ordinance 20-40 amending Chapters 18.30 and 18.50 of the Unified Development Ordinance and Consideration of Ordinance 20-41 amending Chapter 08.10 of the Olathe Municipal Code pertaining to the keeping of animals. Planning Commission recommends approval 6-0. Staff Contact: Aimee Nassif and Brenna Kiu Attachments: A. Ordinance No. 20-40 (Redline Amendments) UDO 18.30 and 18.50 B. Ordinance No. 20-41 (Redline Amendments) Municipal Code 08.10.060 Action needed: Consider a motion to approve or deny 6. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 20-42 authorizing issuance of the City’s taxable Industrial Revenue bonds in an amount not to exceed $2,700,000 to Calukas Commercial Properties, LLC, Series 2020, for the construction of a 20,000 sq. ft. facility located at 15430 S. Mahaffie St. (Garrison Plumbing and Total Design Flooring, Inc Project). Staff Contact: Dianna Wright and Emily Vincent Attachments: Attachment A: Resolution No. 19-1080 Attachment B: Ordinance No. 20-42 Action needed: Consider a motion to approve or deny B. Consideration of Ordinance No. 20-43 amending Section 10.01.114.4 of the Olathe Municipal Code pertaining to driving golf carts on public streets. Staff Contact: Ron Shaver and Chris Grunewald Attachments: Attachment 1 - Ordinance 20-43 amending OMC Section 10.01.114.4 12.1.2020 Action needed: Consider a motion to approve or deny 7. NEW CITY COUNCIL BUSINESS 8. END OF TELEVISED SESSION 9. GENERAL ISSUES AND CONCERNS OF CITIZENS Page 5 of 6 City Council Meeting Agenda December 1, 2020 10. 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 on the authorization of the Electric Vehicle Solar Charging and Fleet Electrification Project, PN 8-C-003-20. Staff Contact: Mary Jaeger and Beth Wright Attachments: A. Project Location Map B. AFV17 Agreement C. EV Arc 2020 Information Sheet 2. Report on a Master Right-of-Way license agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility. Staff Contact: Ron Shaver and Daniel Yoza Attachments: Attachment A – AT&T Mobility Master License Agreement 3. Report on Ordinance No. 20-XX amending Title 7 of the Olathe Municipal Code concerning regulating Drinking Establishments. Staff Contact: Ron Shaver and Daniel Yoza Attachments: Attachment A – Johnson County Resolution No. 032-20 Attachment B - Ordinance 20-XX - Liquor Ordinances 11. ADDITIONAL ITEMS 12. 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 6 of 6

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