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City Council

Regular Meeting

Olathe, KS · June 1, 2021

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 1, 2021 | 6:30 PM 1. CALL TO ORDER Present: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the City Auditor. Motion by Campbell, seconded by Vogt, to recess into an executive session to discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the City Auditor for 30 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. For preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Motion by Campbell, seconded by Vogt, to recess into an executive session for preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20 for 30 minutes. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 3. RECONVENE FROM EXECUTIVE SESSION Executive Session Item B: Motion by Campbell, seconded by Vogt, to authorize staff to acquire the necessary real property and easements to construct the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20, as directed by the Governing Body. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 4. BEGIN TELEVISED SESSION – 7:00 P. M. Page 1 of 10 City Council Meeting Minutes June 1, 2021 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Recognition of the 2021 Civic Academy graduates. Liz Ruback, Assistant to the Mayor, gave a short overview of Civic Academy. Participant, Faith Jacobson, shared about her experience with the Academy. Mayor Bacon congratulated the graduates and presented each with a certificate. B. Presentation of Service Award to Ryan Nelson. Mayor Bacon acknowledged Ryan Nelson's service to the Planning Commission. Dean Vakas, Chairman of the Planning Commission, also shared about Mr. Nelson's past service. Mr. Nelson thanked the Council and staff for inviting him to serve the community in this capacity. Mayor Bacon presented Mr. Nelson with an award for his length of service. 7. CONSENT AGENDA Councilmember McCoy asked for items I and J to be pulled from the Consent Agenda and considered separately. Motion by Campbell, seconded by Vogt, to approve the consent agenda with the exception of items I and J. 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 May 18, 2021. Approved B. Consideration of private club renewal applications for Shadow Glen Golf Club and Olathe Billiards, Inc., d/b/a Shooters. Approved C. Consideration of drinking establishment renewal applications for M. Armstrong LLC, d/b/a The Double Nickel Bar and Grill; Chipotle Mexican Grill #3164; GLPH Operations, LLC, d/b/a Prairie Highlands Golf Course; GHC North Olathe Operator, LLC, d/b/a Genesis Health Clubs; Chipotle Mexican Grill #3318. Approved D. Consideration of a new cereal malt beverage license application for KC Garden, Inc., d/b/a KC Buffet. Approved Page 2 of 10 City Council Meeting Minutes June 1, 2021 E. Consideration of Memorandum of Understanding with Johnson County for Community Development Block Grants (CDBG) and HOME funds for 2022-2024. Approved F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of The Clearing at Anderson Pointe (FP21-0009) containing two (2) lots and four (4) tracts on approximately 17.4 acres; located at 12990 S. Black Bob Road and 15450 W. Indian Creek Parkway. Planning Commission approved plat 7 to 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 of Stonebridge Manor, Second Plat (FP21-0012) containing twenty-four (24) lots and three (3) tracts on approximately 9.65 acres; located near Mur-Len approved plat 7 to 0. Approved H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Stonebridge Pointe, Third Plat (FP21-0013) containing forty-eight (48) lots and two (2) tracts on approximately 16.09 acres; located northwest of Britton Street and 165th Street. Planning Commission approved plat 7 to 0. Approved I. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Valley Ridge, Sixth Plat (FP21-0016) containing forty-nine (49) lots and four (4) common tracts on approximately 31.57 acres; located in the vicinity of W. 113th Terrace and Cedar Creek Parkway. Planning Commission approved the plat 7-0. Councilmember McCoy asked for clarification on item I and Senior Planner, Kim Hollingsworth, provided the requested explanation. Motion by Campbell, seconded by Vogt, to approve Consent Item I. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore J. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Valley Ridge, Seventh Plat (FP21-0017) containing forty-seven (47) lots and three (3) common tracts on approximately 30.98 acres; located southwest of W. 114th Terrace and S. Clare Road. Planning Commission approved the plat 7 to 0. Councilmember McCoy asked for clarification on item J and Senior Page 3 of 10 City Council Meeting Minutes June 1, 2021 Planner, Kim Hollingsworth, provided the requested explanation. Motion by Campbell, seconded by Vogt, to approve Consent Item J. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore K. Consideration of Resolution No. 21-1041, PLN21-0002, requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. Approved L. Consideration of Consent Calendar. Approved M. Consideration of Professional Services Agreement with Affinis Corp. for design of the Highland Park Neighborhood Streets Improvement Project, PN 3-R-001-22, and Ocheltree Street Sanitary Rehabilitation Project, PN 1-R-001-22. Approved N. Consideration of bid and award of contract to American Restore for construction of the Olathe Solid Waste Transfer Station Tipping Floor Repair Project, PN 6-C-020-21. Approved O. Consideration of proposal and award of contract to KOMPAN, Inc. for the installation of a prefabricated custom Train Playground Sculpture at Calamity Line Park. Approved P. Consideration of proposal and award of contract to ATHCO LLC for installation of a RetroMax Playground Structure with Hedra Swings at Fairview Park. Approved 8. NEW BUSINESS A. Consideration of Ordinance 21-21 authorizing the acquisition and implementation of a Human Resource and Financial Management System, Project PN 7-C-005-21 and authorizing the issuance of General Obligation Bonds to provide funds for the project. Motion by Campbell, seconded by Vogt, to approve Ordinance No. 21-21. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore B. Consideration of Resolution No. 21-1042 authorizing the public sale of General Obligation Temporary Notes, Series 2021-A; and General Page 4 of 10 City Council Meeting Minutes June 1, 2021 Obligation Improvement and Refunding Bonds, Series 234. Motion by Campbell, seconded by Vogt, to approve Resolution No. 21-1042. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore C. Consideration of Ordinance 21-22 levying maximum preconstruction assessments for construction of Clare Road from College Blvd. to 106th Terrace as previously authorized by Resolution 21-1038. Councilmember McCoy asked if these assessments would be for future growth and not for current homeowners. City Attorney, Ron Shaver, said that was correct. Motion by Campbell, seconded by Vogt, to approve Ordinance 21-22. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore D. Consideration of Ordinance 21-23 levying maximum preconstruction assessments for construction of Bluestem-107th Terrace-Cedar Creek Parkway as previously authorized by Resolution 21-1039. Motion by Campbell, seconded by Vogt, to approve Ordinance 21-23. The motion carried with the following vote: Yes: Brownlee, Campbell, Mickelson, McCoy, Bacon, Vogt, and Gilmore 9. NEW CITY COUNCIL BUSINESS Councilmember McCoy shared about the ribbon cutting at the new fire training facility. He thanked Chief DeGraffenreid and the fire department for their service to the community. Mayor Bacon invited the public to the official opening of the Indian Creek Park, an all inclusive playground, on Thursday, June 3rd. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Johnson County Community College President, Dr. Andrew Bowne, 17204 Melrose, Overland Park, shared campus highlights with the City Council. Kate Guimbellot, 12336 S. Race Street, Olathe, shared her disappointment regarding the lack of a Pride Month proclamation. Page 5 of 10 City Council Meeting Minutes June 1, 2021 12. 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 annual mowing of weeds and removal of debris for levy assessments. Report accepted. 2. Report on proposed amendments to Chapter 2.86 of the Olathe Municipal Code pertaining to the Land Bank. Report accepted. 3. Report regarding a proposed ordinance granting a contract franchise to WANRack, LLC. to construct, operate, and maintain a fiber communications network in the City of Olathe and a Master License Agreement for Attachments to City Facilities. Report accepted. B. DISCUSSION ITEMS 1. Presentation and discussion on the 2022-2026 Capital Improvements Plan. John Page, Financial Strategy Manager, coordinated the presentation with the assistance of Nate Baldwin, City Engineer, Jeff Blakeman, Senior Build Design Project Manager, Tod Hueser, Parks Project Manager, Darren Gilbert, Solid Waste Manager, Rob Beilfuss, Stormwater Manager, and Sabrina Parker, Water and Sewer Manager. Mayor Bacon and Councilmembers Gilmore and Mickelson asked questions about the debit limit and how it affects the City's bond rating. Dianna Wright, Economy Director, answered their questions. Councilmember Campbell asked what the City's bond rating currently is and Mr. Page said it is AAA+. Mr. Campbell said he thought he remembered that there are no municipal bonds, AAA or greater, that had defaulted. Mr. Campbell said the 70% debt limit was a policy question that perhaps should be looked at. He also said that he believed now was the time to borrow Page 6 of 10 City Council Meeting Minutes June 1, 2021 with such low interest rates. Councilmember Vogt asked how many years the three major projects mentioned were bonded for. Mr. Page said all three were bonded for 20 years. Mayor Bacon asked about projecting interest rates at the end and Ms. Wright said they look at the trends and adjust accordingly. Councilmember Mickelson asked to have more details regarding the Black Bob/159th Street project and the Spruce Street/K-7 to Kansas project. Mr. Baldwin provided the requested information. Councilmember Vogt said she didn't understand why the Santa Fe and I-35 project was not on the list and asked about traffic data. Mr. Baldwin shared more information about this project and said it was very early in the process. Councilmember McCoy asked if the 119th street project would help alleviate traffic on Santa Fe. Beth Wright, Infrastructure Deputy Director, said it would help both Santa Fe and K-10. Councilmember Gilmore asked about the police facility expansion. Mr. Blakeman said the recommendation was for replacement of a portion of the building. Mayor Bacon and Councilmember Brownlee asked about the cost of the project and Mr. Blakeman shared more specifics about the projected costs. Councilmember Mickelson asked for a comparison overlay for the Prairie Center Park plan. Councilmember Vogt said it appeared that the Cedar Creek Trail project was going to be done in phases, but the CIP showed it as a single project. Mr. Hueser said the current Page 7 of 10 City Council Meeting Minutes June 1, 2021 amount in the CIP would not complete all they hope to do. Councilmember Vogt said she thought it would be contingent on the renewal of the Parks Sales Tax. She also asked about renovation and upgrades to the city pools. Councilmember Brownlee asked if street names could be added to the maps to better identify the area. Mayor Bacon mentioned that the tipping floor had been approved on the evening's agenda. Councilmember McCoy asked if the fees were adequate to cover the operating expenses. Mr. Gilbert said the project would include a second scale to allow for faster processing. Councilmember Mickelson asked if the work on Indian Creek was an extension of the work done with a previous project and Mr. Beilfuss said it was. Councilmember McCoy asked when they anticipated beginning this project and Mr. Beilfuss said sometime next year. He also said they were working on a design for a new dam and spillway at Cedar Lake. Mayor Bacon asked about replacement past the meter and Ms. Parker said the program would replace lead and galvanized services on the public side. Councilmember Campbell said he believed there would be at least two more opportunities for discussion. He again mentioned that he believed this was the time to take advantage of the low interest rates. Councilmember Brownlee asked about the limitations imposed by Senate Bill 13. Ms. Wright said it would impact the budget this cycle. Councilmember Campbell asked if they would have to vote for Page 8 of 10 City Council Meeting Minutes June 1, 2021 an increase and City Manager, Michael Wilkes said they would. Ms. Wright said they would have to vote to exceed the revenue neutral rate. Councilmember Gilmore commented about what he thought should be prioritized. Councilmember Vogt said she could appreciate wanting to accelerate some projects but also didn't want to raise taxes. She also mentioned the need to educate the public regarding Senate Bill 13. Mayor Bacon asked about rate increases and City Manager, Michael Wilkes said there were some slight rate increases. Mayor Bacon asked if staff could add the proposed rate increases to the project information. Councilmember Campbell said he believed the long term savings outweighed the short term debt. Mayor Bacon asked staff to provide one or two additional options to the Council. 2. Exceptional Services Focus Area Update. Exceptional Services Director, Erin Vader, provided a presentation to the Council. Councilmember Campbell asked if the wellness program was continuing to be cost effective for the City and Ms. Vader said it was. Mr. Campbell said he was pleased and it is an awesome benefit to staff. Councilmember Brownlee asked for more information on the type of projects the program management team works on. Connie Blankenbiller, Program Management Office, provided a short overview of several of the current projects. Councilmember Gilmore said he had understood many people were deferring medical care/expenses and asked if the City Page 9 of 10 City Council Meeting Minutes June 1, 2021 was seeing that same trend. Ms. Vader said yes but was expecting to see the numbers return to more normal this year. Mr. Gilmore also asked about the current hiring difficulty organizations are experiencing. Ms. Vader said the City has experienced that mainly with seasonal positions. 13. ADDITIONAL ITEMS Councilmember Vogt said the Council was pleased with the performance of the Internal Auditor, Mary Ann Vassar. Councilmember McCoy said he had attended the Gold Star Family event on Memorial Day and encouraged citizens to go by Veterans Memorial Park to see the Gold Star Family memorial, if they had not already done so. Mayor Bacon asked about the guidelines for block parties and staff said they would provide him with the information. 14. ADJOURNMENT The meeting was adjourned at 9:36 PM. Brenda D. Long City Clerk Page 10 of 10

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | June 1, 2021 | 6:30 PM 1. CALL TO ORDER 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the evaluation of the City Auditor. B. For preliminary discussions related to the acquisition of property pursuant to the exception provided in K.S.A.75-4319(b)(6) regarding the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Staff Contact: Ron Shaver and Nate Baldwin 3. RECONVENE FROM EXECUTIVE SESSION 4. BEGIN TELEVISED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Recognition of the 2021 Civic Academy graduates. Staff Contact: Liz Ruback B. Presentation of Service Award to Ryan Nelson. Staff Contact: Liz Ruback 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 May 18, 2021. Staff Contact: Eric Strimple Page 1 of 5 City Council Meeting Agenda June 1, 2021 B. Consideration of private club renewal applications for Shadow Glen Golf Club and Olathe Billiards, Inc., d/b/a Shooters. Staff Contact: Eric Strimple C. Consideration of drinking establishment renewal applications for M. Armstrong LLC, d/b/a The Double Nickel Bar and Grill; Chipotle Mexican Grill #3164; GLPH Operations, LLC, d/b/a Prairie Highlands Golf Course; GHC North Olathe Operator, LLC, d/b/a Genesis Health Clubs; Chipotle Mexican Grill #3318. Staff Contact: Eric Strimple D. Consideration of a new cereal malt beverage license application for KC Garden, Inc., d/b/a KC Buffet. Staff Contact: Eric Strimple E. Consideration of Memorandum of Understanding with Johnson County for Community Development Block Grants (CDBG) and HOME funds for 2022-2024. Staff Contact: Mike Sirna F. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of The Clearing at Anderson Pointe (FP21-0009) containing two (2) lots and four (4) tracts on approximately 17.4 acres; located at 12990 S. Black Bob Road and 15450 W. Indian Creek Parkway. Planning Commission approved plat 7 to 0. Staff Contact: Aimee Nassif and Emily Carrillo G. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Stonebridge Manor, Second Plat (FP21-0012) containing twenty-four (24) lots and three (3) tracts on approximately 9.65 acres; located near Mur-Len approved plat 7 to 0. Staff Contact: Aimee Nassif and Nathan Jurey H. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Stonebridge Pointe, Third Plat (FP21-0013) containing forty-eight (48) lots and two (2) tracts on approximately 16.09 acres; located northwest of Britton Street and 165th Street. Planning Commission approved plat 7 to 0. Staff Contact: Aimee Nassif and Nathan Jurey Page 2 of 5 City Council Meeting Agenda June 1, 2021 I. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Valley Ridge, Sixth Plat (FP21-0016) containing forty-nine (49) lots and four (4) common tracts on approximately 31.57 acres; located in the vicinity of W. 113th Terrace and Cedar Creek Parkway. Planning Commission approved the plat 7-0. Staff Contact: Aimee Nassif and Kim Hollingsworth J. Request for the acceptance of the dedication of land for public easements and public street right-of-way for a final plat of Valley Ridge, Seventh Plat (FP21-0017) containing forty-seven (47) lots and three (3) common tracts on approximately 30.98 acres; located southwest of W. 114th Terrace and S. Clare Road. Planning Commission approved the plat 7 to 0. Staff Contact: Aimee Nassif and Kim Hollingsworth K. Consideration of Resolution No. 21-1041, PLN21-0002, requesting the City’s consent to the enlargement of the Consolidated Main Sewer District. Staff Contact: Aimee Nassif and Zachary Moore L. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin M. Consideration of Professional Services Agreement with Affinis Corp. for design of the Highland Park Neighborhood Streets Improvement Project, PN 3-R-001-22, and Ocheltree Street Sanitary Rehabilitation Project, PN 1-R-001-22. Staff Contact: Mary Jaeger and Nate Baldwin N. Consideration of bid and award of contract to American Restore for construction of the Olathe Solid Waste Transfer Station Tipping Floor Repair Project, PN 6-C-020-21. Staff Contact: Mary Jaeger and Alan Shorthouse O. Consideration of proposal and award of contract to KOMPAN, Inc. for the installation of a prefabricated custom Train Playground Sculpture at Calamity Line Park. Staff Contact: Mary Jaeger and Nate Baldwin P. Consideration of proposal and award of contract to ATHCO LLC for installation of a RetroMax Playground Structure with Hedra Swings at Fairview Park. Staff Contact: Mary Jaeger and Nate Baldwin 8. NEW BUSINESS Page 3 of 5 City Council Meeting Agenda June 1, 2021 A. Consideration of Ordinance 21-21 authorizing the acquisition and implementation of a Human Resource and Financial Management System, Project PN 7-C-005-21 and authorizing the issuance of General Obligation Bonds to provide funds for the project. Staff Contact: Dianna Wright, Erin Vader and Mike Sirna B. Consideration of Resolution No. 21-1042 authorizing the public sale of General Obligation Temporary Notes, Series 2021-A; and General Obligation Improvement and Refunding Bonds, Series 234. Staff Contact: Dianna Wright and Sarah Doherty C. Consideration of Ordinance 21-22 levying maximum preconstruction assessments for construction of Clare Road from College Blvd. to 106th Terrace as previously authorized by Resolution 21-1038. Staff Contact: Dianna Wright and Ron Shaver D. Consideration of Ordinance 21-23 levying maximum preconstruction assessments for construction of Bluestem-107th Terrace-Cedar Creek Parkway as previously authorized by Resolution 21-1039. Staff Contact: Dianna Wright and Ron Shaver 9. NEW CITY COUNCIL BUSINESS 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS 12. 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 annual mowing of weeds and removal of debris for levy assessments. Staff Contact: Brenda Long 2. Report on proposed amendments to Chapter 2.86 of the Olathe Municipal Code pertaining to the Land Bank. Staff Contact: Ron Shaver and Chris Grunewald Page 4 of 5 City Council Meeting Agenda June 1, 2021 3. Report regarding a proposed ordinance granting a contract franchise to WANRack, LLC. to construct, operate, and maintain a fiber communications network in the City of Olathe and a Master License Agreement for Attachments to City Facilities. Staff Contact: Ron Shaver and Daniel Yoza B. DISCUSSION ITEMS 1. Presentation and discussion on the 2022-2026 Capital Improvements Plan. (60 Minutes) Staff Contact: Dianna Wright and Sarah Doherty 2. Exceptional Services Focus Area Update. (20 Minutes) Staff Contact: Erin Vader 13. ADDITIONAL ITEMS 14. 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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