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City Council

Regular Meeting

Olathe, KS · January 4, 2022

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 4, 2022 | 7:00 PM Reception to honor the newly elected council members - City Hall, 6:30 PM Prior to the City Council meeting, a reception to honor the newly elected council members was held in the lobby of City Hall. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. INVOCATION: Pastor Dan Vanderpool Pastor Dan Vanderpool provided an invocation for the installation ceremony. 4. PRESENTATION OF COLORS: American Legion Honor Guard The American Legion Honor Guard presented the colors for the installation ceremony. 5. NATIONAL ANTHEM: Prairie Star Quartet The Prairie Star Quartet sang the national anthem for the installation ceremony. 6. PLEDGE OF ALLEGIANCE 7. INSTALLATION OF CITY COUNCILMEMBERS: Judge Katie McElhinney A. Installation of Councilmembers. City Clerk, Brenda Long, introduced Municipal Court Judge Katie McElhinney, who administered the oaths of office for Counilmembers Gilmore, Felter, and Vogt B. Seating of Councilmembers. Kevin Gilmore, At-Large LeEtta Felter, Ward 3 Marge Vogt, Ward 4 Page 1 of 7 City Council Meeting Minutes January 4, 2022 C. Election of Mayor Pro-Tem. Mayor Bacon stated that Mayor Pro-Tem, Larry Campbell, resigned from the city council, effective December 31, 2021. He wished Mr. Campbell well in his retirement. Motion by Bacon, seconded by Vogt, to elect Councilmember Kevin Gilmore as Mayor Pro-Tem. Motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter D. Installation of Mayor Pro-Tem. Judge McElhinney administered the oath of office for Mayor Pro-Tem Gilmore. After the oath of offices, Councilmembers Gilmore, Vogt and Felter were invited to introduce family and friends present and make brief comments. Councilmember Felter thanked her friends and family for attending and that it was an honor to serve. Councilmember Gilmore thanked his friends and family for attending and is looking forward to working with his fellow councilmembers, city staff, and citizens. Councilmember Vogt thanked her friends and family for their support over the years of her serving and thanked the citizens of Ward 4 for putting their trust in her to serve as their representative. 8. SPECIAL BUSINESS A. Proclamation recognizing January 17, 2022 as Dr. Martin Luther King Jr Day. Mayor Bacon read the proclamation and presented it to Henry Lyons from the NAACP. Mr. Lyons spoke about the importance of the proclamation and about the celebration taking place on January 17th. Mayor Bacon mentioned the Olathe Human Relations Commission event taking place on January 16th on the MNU campus. Page 2 of 7 City Council Meeting Minutes January 4, 2022 9. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter A. Consideration of approval of the City Council meeting minutes of December 21, 2021. Approved B. Consideration of a new cereal malt beverage application for Ginger LLC, d/b/a EZ Mart. Approved C. Consideration of Resolution No. 22-1000, SU21-0005, for approval of a Special Use Permit for Motor Vehicle Sales, Leasing and Rental on 0.81 acres; at 1904 E Santa Fe Street. Planning Commission recommends approval 8-0. Approved D. Consideration of Resolution No. 22-1001 authorizing various improvements to the Water and Sewer System of the City and setting forth the intent to issue Water and Sewer Revenue Bonds. Approved E. Consideration of Resolution No. 22-1002 authorizing various improvements to the Stormwater System of the City and setting forth the intent to issue Stormwater Revenue Bonds. Approved F. Consideration of Consent Calendar. Approved G. Consideration of an Agreement with Johnson County for construction of the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Approved H. Consideration of award of contract to American Equipment Company for the purchase and installation of truck bodies and snow equipment to be mounted on cab and chassis for Infrastructure. Approved I. Consideration of award of contract to Elliott Equipment for the replacement of two (2) automated Side Loaders and two (2) Commercial Front Loaders for the Solid Waste Division of Infrastructure. Approved 10. NEW BUSINESS Page 3 of 7 City Council Meeting Minutes January 4, 2022 A. Consideration of Ordinance No. 22-01, RZ21-0017, requesting approval for a rezoning from the CP-2 (Planned General Business) District and the CP-3 (Planned Community/Corridor Business) District to the C-2 (Community Center) District and a preliminary site development plan for Azura Credit Union on approximately 2.16 acres; at the northeast corner of 118th Street and Ridgeview Road. Planning Commission recommends approval 9-0. Zachary Moore, Planner II, provided a presentation to the council. Councilmember Vogt asked if the rezoning complies with the North Ridegeview Overlay District and the Comprehensive Plan. Mr. Moore stated it complies with both. Councilmember Vogt asked if any opposition had been received. Mr. Moore noted that no opposition correspondence had been received. Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 22-01. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter B. Consideration of Resolution No. 22-1003, SU21-0006, for approval of a Special Use Permit for the Amphitheater, Outdoor Stage, Bandstand, or Similar Structure use on 1.17 acres; at the northeast corner of 118th Street and Ridgeview Road. Planning Commission recommends approval 9-0. Zachary Moore, Planner II, provided a presentation to the council. Councilmember Mickelson asked clarifying questions regarding the closing time of the park being later than the proposed 10 P.M. on movie nights. Mr. Moore stated that an agreement was made to allow movie night events to be extended to 11 P.M. Councilmember Mickelson also asked if the proposed special use permit was consistent with others in the area. Mr. Moore stated that they were taken into consideration while reviewing this one and they are consistent. Councilmember Vogt asked how the area is planned to be utilized and if there is adequate parking for the events. Mr. Moore stated events, such as dog adoption days, movies in the park events, and shred events will take place on the site. He noted the applicant feels most traffic to events will be foot traffic from neighboring areas. Page 4 of 7 City Council Meeting Minutes January 4, 2022 Councilmember McCoy asked if the pavilion and park area was a new concept to the area. Mr. Moore stated the applicant has held multiple events in the Topeka area. Councilmember Felter stated the project is an innovative idea and looks forward to attending events at the site. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 22-1003. The motion carried by the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 11. NEW CITY COUNCIL BUSINESS Councilmember McCoy welcomed Councilmember Felter to the council and congratulated Councilmembers Gilmore and Vogt for their reelections. Mr. McCoy also thanked past Councilmember Campbell for his years of service. Councilmember Gilmore welcomed Councilmember Felter to the council and congratulated Councilmember Vogt on her reelection. Councilmember Vogt welcomed Councilmember Felter and congratulated Mayor Pro-Tem Gilmore. Ms. Vogt also thanked Public Works staff for having cost savings on change orders presented to the council and for bringing complete road projects forward that take the needs of pedestrians and bicyclists into consideration. Councilmember Felter stated it was an honor to be on the council and congratulated Councilmembers Gilmore and Vogt on their reelections. Ms. Felter also noted how impressed she has been of staff during her onboarding. City Manager, Michael Wilkes, congratulated the new and reelected councilmembers and stated he is looking forward to working with them all. Mayor Bacon stated he is looking forward to serving with the Councilmembers. Mayor Bacon also stated with the vacancy on the council after the resignation of Councilmember Campbell, that a committee will be formed to present a qualified candidate from Ward 1 for the council to consider. 12. END OF TELEVISED SESSION Page 5 of 7 City Council Meeting Minutes January 4, 2022 13. GENERAL ISSUES AND CONCERNS OF CITIZENS 14. 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. DISCUSSION ITEMS 1. Discussion of the Kansas Avenue Streetscape Project, 3-P-001-22. (15 min) City Engineer, Nate Baldwin, provided a presentation to the council. Mayor Bacon asked clarifying questions on who will be able to use the cycle track, if the use will be reviewed to make sure it is being utilized, and where the cycle track will connect to other bike lanes and trails. Mr. Baldwin provided answers to Mayor Bacon's questions. Councilmember McCoy asked if signage will be present to direct cyclists to other trails and bike lanes for connectivity. Mr. Baldwin stated wayfair signs are being looked at. 15. 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 City Auditor Motion by Gilmore, seconded by Vogt, to recess into 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 City Auditor position, for 15 minutes. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 16. RECONVENE FROM EXECUTIVE SESSION Motion by Gilmore, seconded by Vogt, to proceed forward as discussed with staff regarding the city auditor. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, and Felter 17. ADDITIONAL ITEMS Councilmember Mickelson welcomed Councilmember Felter to the council and Page 6 of 7 City Council Meeting Minutes January 4, 2022 that he is excited to work with the council over the next two years. 18. ADJOURNMENT The meeting was adjourned at 8:15 PM. Eric Strimple Assistant City Clerk Page 7 of 7

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | January 4, 2022 | 7:00 PM Reception to honor the newly elected council members - City Hall, 6:30 PM 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. INVOCATION: Pastor Dan Vanderpool 4. PRESENTATION OF COLORS: American Legion Honor Guard 5. NATIONAL ANTHEM: Prairie Star Quartet 6. PLEDGE OF ALLEGIANCE 7. INSTALLATION OF CITY COUNCILMEMBERS: Judge Katie McElhinney A. Installation of Councilmembers. B. Seating of Councilmembers. C. Election of Mayor Pro-Tem. D. Installation of Mayor Pro-Tem. 8. SPECIAL BUSINESS A. Proclamation recognizing January 17, 2022 as Dr. Martin Luther King Jr Day. Staff Contact: Liz Ruback 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 December 21, 2021. Staff Contact: Brenda Long Page 1 of 4 City Council Meeting Agenda January 4, 2022 B. Consideration of a new cereal malt beverage application for Ginger LLC, d/b/a EZ Mart. Staff Contact: Eric Strimple C. Consideration of Resolution No. 22-1000, SU21-0005, for approval of a Special Use Permit for Motor Vehicle Sales, Leasing and Rental on 0.81 acres; at 1904 E Santa Fe Street. Planning Commission recommends approval 8-0. Staff Contact: Aimee Nassif and Brenna Kiu D. Consideration of Resolution No. 22-1001 authorizing various improvements to the Water and Sewer System of the City and setting forth the intent to issue Water and Sewer Revenue Bonds. Staff Contact: Meredith Hauck, Mary Jaeger and John Page E. Consideration of Resolution No. 22-1002 authorizing various improvements to the Stormwater System of the City and setting forth the intent to issue Stormwater Revenue Bonds. Staff Contact: Meredith Hauck, Mary Jaeger and John Page F. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin G. Consideration of an Agreement with Johnson County for construction of the Pflumm Road, 143rd to 151st, Improvements Project, PN 3-C-114-20. Staff Contact: Mary Jaeger and Nate Baldwin H. Consideration of award of contract to American Equipment Company for the purchase and installation of truck bodies and snow equipment to be mounted on cab and chassis for Infrastructure. Staff Contact: Mary Jaeger and Alan Shorthouse I. Consideration of award of contract to Elliott Equipment for the replacement of two (2) automated Side Loaders and two (2) Commercial Front Loaders for the Solid Waste Division of Infrastructure. Staff Contact: Mary Jaeger and Darren Gilbert 10. NEW BUSINESS Page 2 of 4 City Council Meeting Agenda January 4, 2022 A. Consideration of Ordinance No. 22-01, RZ21-0017, requesting approval for a rezoning from the CP-2 (Planned General Business) District and the CP-3 (Planned Community/Corridor Business) District to the C-2 (Community Center) District and a preliminary site development plan for Azura Credit Union on approximately 2.16 acres; at the northeast corner of 118th Street and Ridgeview Road. Planning Commission recommends approval 9-0. Staff Contact: Aimee Nassif and Zachary Moore Action needed: Consider a motion to approve (4 positive votes), deny (5 positive votes required), or return to the Planning Commission. B. Consideration of Resolution No. 22-1003, SU21-0006, for approval of a Special Use Permit for the Amphitheater, Outdoor Stage, Bandstand, or Similar Structure use on 1.17 acres; at the northeast corner of 118th Street and Ridgeview Road. Planning Commission recommends approval 9-0. Staff Contact: Aimee Nassif and Zachary Moore Action needed: Consider a motion to approve or deny. 11. NEW CITY COUNCIL BUSINESS 12. END OF TELEVISED SESSION 13. GENERAL ISSUES AND CONCERNS OF CITIZENS Persons wanting to speak regarding a general concern must sign up no later than 30 minutes prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, emailing CCO@Olatheks.org or in person at City Hall. The Council has allocated up to 3 minutes per speaker, and up to 30 minutes total for this portion of the meeting. 14. 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. DISCUSSION ITEMS 1. Discussion of the Kansas Avenue Streetscape Project, 3-P-001-22. (15 min) Staff Contact: Mary Jaeger and Nate Baldwin 15. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: Page 3 of 4 City Council Meeting Agenda January 4, 2022 A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the City Auditor Staff Contact: Ron Shaver 16. RECONVENE FROM EXECUTIVE SESSION 17. ADDITIONAL ITEMS 18. 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 4 of 4

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