City Council
Regular MeetingOlathe, KS · February 2, 2021
Minutes
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | February 2, 2021 | 6:45 PM
1. CALL TO ORDER
Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
Others in attendance were City Manager, Michael Wilkes, Deputy City Manager,
Susan Sherman, and City Attorney, Ron Shaver.
2. EXECUTIVE SESSION
Consideration of motion to recess into an executive session to discuss the following
items:
A. For preliminary discussions related to acquisition of property pursuant to
the exception provided in K.S.A. 75-4319(b)(6) regarding the acquisition
of property in southwest Olathe.
Motion by Campbell, seconded by Vogt, to recess into an executive
session for preliminary discussions related to acquisition of property
pursuant to the exception provided in K.S.A. 75-4319(b)(6) regarding
the acquisition of property in southwest Olathe for twelve minutes. The
motion carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
B. For preliminary discussions related to acquisition of property pursuant to
the exception provided in K.S.A.75-4319(b)(6) regarding the Downtown
Streets Improvement Project, PN 3-R-001-21.
Motion by Campbell, seconded by Vogt to recess into an executive
session for preliminary discussions related to acquisition of property
pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the
Downtown Streets Improvement Project, PN 3-R-001-21 for twelve
minutes. The motion carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
3. RECONVENE FROM EXECUTIVE SESSION
The meeting reconvened at 7:00 p.m. in the Council Chambers.
Executive Session Item A - Motion by Campbell, seconded by Vogt, to
authorize the Mayor to execute a real estate contract and for the City Attorney to
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execute all necessary closing documents for the acquisition of certain real
property in southwest Olathe and further authorize staff to proceed with the
strategies as discussed with and directed by the governing body. The motion
passed 7-0.
Executive Session Item B - Motion by Campbell, seconded by Vogt, to
authorize the Mayor to execute a real estate contract and for the City Attorney to
execute all necessary closing documents for the acquisition of certain real
property located at 118th Spruce Street and further authorize staff to proceed
with the strategies as discussed with and directed by the governing body. The
motion passed 7-0.
4. BEGIN TELEVISED SESSION – 7:00 P. M.
5. PLEDGE OF ALLEGIANCE
6. SPECIAL BUSINESS
A. Proclamation designating February as Black History Month.
Mayor Bacon read and presented the proclamation to Kristie Lyons,
treasurer for the Olathe unit of the NAACP. Kristie thanked the
Mayor and Council for their support.
7. CONSENT AGENDA
Councilmember Brownlee asked for item O to be removed for separate
consideration and vote.
Councilmember Mickelson and Councilmember Vogt asked for items H and I to
be removed for separate consideration and vote.
Motion by Campbell, seconded by Vogt, to approve the consent agenda with the
exception of items H, I, and O. 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
January 19, 2021.
Approved
B. Consideration of a cereal malt beverage license application for the
calendar year 2021.
Approved
C. Consideration of a new drinking establishment application for La
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City Council Meeting Minutes February 2, 2021
Hacienda and renewal applications for Hira’s Steak and Sushi and
Fuzzy’s Taco Shop.
Approved
D. Consideration of Resolution No. 21-1013 authorizing indemnification
and defense for the City Manager in the matter of Cedar Creek
Development Company, LLC, et al., v. City of Olathe, et al.
Approved
E. Request for the acceptance of the dedication of land for public
easements and public street right-of-way for a final plat for Crestone
(FP20-0027) containing two (2) lots and three (3) common tracts on
approximately 13.9 acres; located at the northeast corner of W. 119th
Street and S. Sunnybrook Boulevard. Planning Commission approved
the plat 9 to 0.
Approved
F. Consideration of Consent Calendar.
Approved
G. Consideration of Resolution No. 21-1014 authorizing the Santa Fe,
Ridgeview to Mur-Len, Preliminary Engineering Project, PN 3-C-025-18;
and repealing Resolution 19-1018.
Approved
H. Consideration of Resolution No. 21-1015 authorizing the 119th Street,
Woodland to Northgate, Improvements Project, PN 3-C-024-21.
Councilmember Mickelson said he was excited about this project
and asked staff to share more details about it.
Infrastructure Deputy Director, Beth Wright, provided a short
overview of the proposed project.
Councilmember Vogt said she understood it was a high priority
project, but also mentioned there are concerned residents who
believed they would be negatively affected. She said she knew staff
would be sensitive to these concerns and thanked them for already
working with them.
Mayor Bacon asked how close the right of way would be to homes
and Ms. Wright said they cannot tell exactly yet, but would be
working to be as far south as possible.
Motion by Campbell, seconded by Vogt to approve item H. The motion
carried with the following vote:
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Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
I. Consideration of Professional Services Agreement with HDR
Engineering, Inc., for design services for the 119th Street, Woodland to
Northgate, Improvements Project, PN 3-C-024-21.
Motion by Campbell, seconded by Vogt to approve item I. The motion
carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
J. Consideration of Engineer’s Estimate, acceptance of bids and award of
contract to Phoenix Concrete, LLC for construction of the 2021 Local
and Collector Street Mill and Overlay Project - Group A, PN 3-P-004-21.
Approved
K. Consideration of a Professional Services Agreement with Affinis Corp.,
for design of the Stagecoach and Sleepy Hollow Stormwater
Improvements Project, PN 2-C-011-20.
Approved
L. Consideration of a Master Agreement for Professional Services with
TREKK Design Group, LLC for design of the 2021 and 2022 Sanitary
Sewer Rehabilitation Project, PN 1-R-000-21 & 1-R-000-22.
Approved
M. Consideration of renewal of contract with Overhead Door Company for
door repair and replacement services.
Approved
N. Consideration of renewal of contract with Core & Main for the purchase
of Sensus water meters.
Approved
O. Consideration of renewal of contract to Gerken Rent-All for portable
restroom rental services for the Parks & Recreation and Public Works
Departments.
Councilmember Brownlee asked if there would be hand washing
stations with the portable restrooms. She also pointed out that
having open restrooms in City parks is more desirable than providing
the portable restrooms.
Deputy Parks and Recreation Director, Brad Clay, said the
permanent restrooms will be open and cleaned daily but there will be
times when portable restrooms are necessary. He also said they
are equipped with hand sanitizing stations.
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City Council Meeting Minutes February 2, 2021
Motion by Campbell, seconded by Vogt to approve item O. The motion
carried with the following vote:
Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt,
and Gilmore
P. Consideration of renewal of contract to AdventHealth Centra Care:
Corporate Care to provide pre-employment physicals and workers
compensation services.
Approved
8. NEW CITY COUNCIL BUSINESS
Councilmember Brownlee reminded everyone that the west railroad tracks were
going to be closed for repair on February 3rd.
Councilmember Vogt expressed her gratitude to the NFL for keeping the
football season in play. She said it had been a respite during the pandemic.
She wished the Chiefs well in the Super Bowl.
Councilmember McCoy thanked staff for their collaboration between
departments and thinking outside the box. He said he had learned a lot in
visiting the various departments in the past few weeks.
Mayor Bacon congratulated the Chiefs on their division win and said it had been
an exciting season. He also wished them well in the upcoming Super Bowl.
9. END OF TELEVISED SESSION
10. GENERAL ISSUES AND CONCERNS OF CITIZENS
11. 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 2022 Street Reconstruction
Program, PN 3-R-000-22.
Report accepted.
B. DISCUSSION ITEMS
1. Discussion of the 2021 Downtown Outdoor Sculpture Exhibit. (15
min)
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City Council Meeting Minutes February 2, 2021
Parks and Recreation Analyst, Renee Rush, introduced Chelsy
Walker, Chairperson for the Public Art Committee. Ms. Walker
gave a presentation of the art pieces they had chosen for the
2021 Downtown Outdoor Sculpture Exhibit.
Councilmember McCoy said he would rather use the butterfly
sculpture instead of the sculpture of the chair.
Ms. Walker said the artist had been featured last year so they
were trying to use others this year.
Ms. Rush said no artists had been notified so they could go
back to the committee with the Council's recommendations.
Ms. Walker said she thought the chair was an interesting piece
and Mr. McCoy said it was interesting but didn't know if he
wanted to spend money on it.
Councilmember Vogt said she thought the chair was very
interesting and was the only interactive piece. She said she
personally liked the arch and thought it was intriguing.
Ms .Vogt also asked about the possibility of expanding the art
display to maybe include locations at Lake Olathe.
Ms. Rush said it had been discussed, but walk-ability had been
a key factor in the master plan but thought there would be
continued discussions for other locations.
Councilmember Brownlee said she agreed with Mr. McCoy
and felt like the chair looked like it was growing mold.
Councilmember McCoy said he would like to see something
placed in the grassy area at Ridgeview and Santa Fe and
thought that location would provide great exposure.
Ms. Rush asked if he was thinking of a temporary exhibit or
something permanent. Mr. McCoy said temporary would be
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City Council Meeting Minutes February 2, 2021
fine for now.
Councilmember Campbell asked Ms. Rush and Ms. Walker to
convey his appreciation to the Public Art Committee for all their
hard work.
Mayor Bacon said he liked the selections and asked if they
could get a map of where the sculptures would be located. Ms.
Rush said they would provide one to the Council.
City Manager, Michael Wilkes, asked if that map would be on
the website and Ms. Rush said it would be.
12. ADDITIONAL ITEMS
Councilmember McCoy said the groundhog had seen his shadow so it will be
six weeks until Spring.
Mayor Bacon reminded everyone of the Council retreat on Saturday morning.
13. ADJOURNMENT
The meeting was adjourned at 7:40 p.m.
Brenda D. Long
City Clerk
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Agenda
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | February 2, 2021 | 6:45 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.
1. CALL TO ORDER
2. EXECUTIVE SESSION
Consideration of motion to recess into an executive session to discuss the following
items:
A. For preliminary discussions related to acquisition of property pursuant
to the exception provided in K.S.A. 75-4319(b)(6) regarding the
acquisition of property in southwest Olathe.
Staff Contact: Ron Shaver
B. For preliminary discussions related to acquisition of property pursuant
to the exception provided in K.S.A.75-4319(b)(6) regarding the
Downtown Streets Improvement Project, PN 3-R-001-21.
Staff Contact: Ron Shaver
3. RECONVENE FROM EXECUTIVE SESSION
4. BEGIN TELEVISED SESSION – 7:00 P. M.
5. PLEDGE OF ALLEGIANCE
6. SPECIAL BUSINESS
A. Proclamation designating February as Black History Month.
Staff Contact: Liz Ruback
Attachments: 2-2-21 Black History Month
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City Council Meeting Agenda February 2, 2021
7. 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
January 19, 2021.
Staff Contact: Brenda Long
Attachments: A. 01-19-2021 Council Minutes
B. Consideration of a cereal malt beverage license application for the
calendar year 2021.
Staff Contact: Brenda Long
C. Consideration of a new drinking establishment application for La
Hacienda and renewal applications for Hira’s Steak and Sushi and
Fuzzy’s Taco Shop.
Staff Contact: Brenda Long
Attachments: A. La Hacienda Staff Recommendations
B. Blue Star, Inc. Staff Recommendations
C. Olathe Fish Tacos, LLC Staff Recommendations
D. Consideration of Resolution No. 21-1013 authorizing indemnification
and defense for the City Manager in the matter of Cedar Creek
Development Company, LLC, et al., v. City of Olathe, et al.
Staff Contact: Ron Shaver and Chris Grunewald
Attachments: A: K.S.A. 75-6116
B: OMC 3.60.130
C: Resolution 21-1013 Authorizing Indemnification and
Defense
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City Council Meeting Agenda February 2, 2021
E. Request for the acceptance of the dedication of land for public
easements and public street right-of-way for a final plat for Crestone
(FP20-0027) containing two (2) lots and three (3) common tracts on
approximately 13.9 acres; located at the northeast corner of W. 119th
Street and S. Sunnybrook Boulevard. Planning Commission approved
the plat 9 to 0.
Staff Contact: Aimee Nassif and Kim Hollingsworth
Attachments: A. Planning Commission Packet
B. Planning Commission Minutes
F. Consideration of Consent Calendar.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Consent Calendar
G. Consideration of Resolution No. 21-1014 authorizing the Santa Fe,
Ridgeview to Mur-Len, Preliminary Engineering Project, PN 3-C-025-18;
and repealing Resolution 19-1018.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Resolution
D. CIP Sheet
H. Consideration of Resolution No. 21-1015 authorizing the 119th Street,
Woodland to Northgate, Improvements Project, PN 3-C-024-21.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Resolution
I. Consideration of Professional Services Agreement with HDR
Engineering, Inc., for design services for the 119th Street, Woodland to
Northgate, Improvements Project, PN 3-C-024-21.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Professional Services Agreement
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City Council Meeting Agenda February 2, 2021
J. Consideration of Engineer’s Estimate, acceptance of bids and award of
contract to Phoenix Concrete, LLC for construction of the 2021 Local
and Collector Street Mill and Overlay Project - Group A, PN 3-P-004-21.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Construction Agreement
D. Engineer's Estimate and Affidavit of Estimate
K. Consideration of a Professional Services Agreement with Affinis Corp.,
for design of the Stagecoach and Sleepy Hollow Stormwater
Improvements Project, PN 2-C-011-20.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. Project Fact Sheet
C. Professional Services Agreement
L. Consideration of a Master Agreement for Professional Services with
TREKK Design Group, LLC for design of the 2021 and 2022 Sanitary
Sewer Rehabilitation Project, PN 1-R-000-21 & 1-R-000-22.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Fact Sheet
B. Master Agreement for Professional Services
M. Consideration of renewal of contract with Overhead Door Company for
door repair and replacement services.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: Competition Exception Form
N. Consideration of renewal of contract with Core & Main for the purchase
of Sensus water meters.
Staff Contact: Mary Jaeger and Beth Wright
O. Consideration of renewal of contract to Gerken Rent-All for portable
restroom rental services for the Parks & Recreation and Public Works
Departments.
Staff Contact: Mary Jaeger, Brad Clay and Dianna Wright
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City Council Meeting Agenda February 2, 2021
P. Consideration of renewal of contract to AdventHealth Centra Care:
Corporate Care to provide pre-employment physicals and workers
compensation services.
Staff Contact: Dianna Wright, Jeff DeGraffenreid and Erin Vader
8. NEW CITY COUNCIL BUSINESS
9. END OF TELEVISED SESSION
10. GENERAL ISSUES AND CONCERNS OF CITIZENS
11. 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 2022 Street Reconstruction
Program, PN 3-R-000-22.
Staff Contact: Mary Jaeger and Beth Wright
Attachments: A. Project Location Map
B. CIP Sheet
B. DISCUSSION ITEMS
1. Discussion of the 2021 Downtown Outdoor Sculpture Exhibit. (15
min)
Staff Contact: Brad Clay and Renee Rush
Attachments: 2021 Downtown Outdoor Sculpture Exhibit
12. ADDITIONAL ITEMS
13. 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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