City Council
Regular MeetingOlathe, KS · December 1, 2020
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
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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:
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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