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City Council

Regular Meeting

Olathe, KS · February 15, 2022

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | February 15, 2022 | 7:00 PM The Mayor's Children's Fund check distribution was held in the Council Chamber at 6:00 PM and a reception followed in the City Hall lobby. 1. CALL TO ORDER Present: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt 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. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Presentation on the Olathe Mayor’s Children’s Fund 2021 Campaign. Jeremy McEver, Mayor's Children's Fund Chairman, gave a short presentation on 2021 campaign. He said they raised over $150,000 which was distributed to 13 local charities. Mayor Bacon thanked Mr. McEver and the board for all their hard work. B. Presentation by ETC Institute on the results of the 2021 DirectionFinder Survey. Chris Tatham, CEO for ETC Institute, gave a presentation regarding the City of Olathe's 2021 survey results. Councilmember Felter asked questions about the lower satisfaction rating on code enforcement and Mr. Tatham said it could be a result of people being outside more during the pandemic and being more aware of their surroundings. Mayor Bacon thanked Mr. Tatham for the presentation. He also said he wanted to recognize staff since they are the ones responsible for Page 1 of 7 City Council Meeting Minutes February 15, 2022 the good ratings. 5. PUBLIC HEARINGS A. Consideration of a Public Hearing on a request by Carrier Services Plus LLC (Jett Trucking) for issuance of industrial revenue bonds and tax phase-in for the construction of a 12,525 sq. ft. truck maintenance and storage facility located at the northeast corner of Dennis Avenue and Pine Street. John Page, Financial Strategy Manager, gave a short presentation regarding this proposed development. Councilmember McCoy said he was glad to see this property being able to be used. Motion by Gilmore, seconded by Felter, to close the public hearing. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt B. Consideration of Resolution No. 22-1020 expressing intent to issue industrial revenue bonds and tax phase-in for the construction of a 12,525 sq. ft. truck maintenance and storage facility located at the northeast corner of Dennis Avenue and Pine Street. Mayor Bacon said Jett Trucking is the fanciest trucking company around. Councilmember Felter said she thought there should be a field trip. Motion by Gilmore, seconded by Felter, to approve Resolution No. 22-1020. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt 6. CONSENT AGENDA Motion by Gilmore, seconded by Felter, to approve the consent agenda. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt A. Consideration of approval of the City Council meeting minutes of February 1, 2022. Approved Page 2 of 7 City Council Meeting Minutes February 15, 2022 B. Consideration of renewal drinking establishment applications for PB & J Robin LLC, d/b/a Red Robin; BHM Sports LLC, d/b/a Homefield A Olathe; BHM Sports LLC, d/b/a Homefield Courts; Blue Star Inc, d/b/a Hira’s Steak & Sushi; The Other Place-Olathe, Inc., d/b/a The Other Place. Approved C. Consideration of new drinking establishment application for Yazdani Enterprises LLC, d/b/a La Fiesta Mexican Restaurant. Approved D. Consideration of a new cereal malt beverage application for Con Sabor a Mexico, Inc. Approved E. Consideration of acceptance of sculpture for the 2022 Downtown Outdoor Sculpture Exhibit. Approved F. Consideration of Resolution No. 22-1021, SU21-0007, for approval of a Special Use Permit for Motor Vehicle Sales, Leasing and Rental on 1.73 acres; located at 700 N. Rogers Road. Planning Commission recommends approval 9-0. Approved G. Consideration of Consent Calendar. Approved H. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McConnel & Associates for construction of the Splashpad Parking Lot and Walkway at Lake Olathe Park, Lake Olathe Improvements, PN 4-C-002-15. Approved I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Miles Excavating, Inc. for construction of the Provence Village Neighborhood Streets Improvement Project, PN 3-R-003-22. Approved J. Consideration of a Professional Services Agreement with Payne & Brockway, P.A. for design of the 167th and Ridgeview Geometric Improvements Project, PN 3-C-018-22. Approved K. Consideration of a Supplemental Agreement No. 1 with Walter P. Moore and Associates, Inc. for design of the Clare Road, 106th Terrace to College Boulevard, Improvements Project, PN 3-B-065-21. Approved L. Consideration of an amendment to a lease agreement with Monarch, Page 3 of 7 City Council Meeting Minutes February 15, 2022 LLC pertaining to the temporary Downtown Library location. Approved M. Acceptance of renewal of contract to Johnson County Landfill (Waste Management) for the disposal of biosolids from the City’s wastewater treatment facilities. Approved N. Acceptance of quote from KC Scaffold Services for temporary shoring of the downtown parking garage. Approved 7. NEW BUSINESS A. Consideration of Resolution No. 22-1022 authorizing funding for the Police Building Expansion Phase II project, PN 6-C-010-20. Councilmember Gilmore said he wanted to confirm that this resolution was authorizing the release of already approved funding. City Manager, Michael Wilkes, said it was. Motion by Gilmore, seconded by Felter, to approve Resolution No. 22-1022. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt B. Consideration of Amendment No. 1 to the agreement with PGAV Architects for additional design services for the Police Building Expansion Phase II project, PN 6-C-010-20. Motion by Gilmore, seconded by Felter, to approve Amendment No.1 to the agreement with PGAV Architects. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt C. Consideration of Amendment No. 1 to the agreement with Turner Construction for construction services for the Police Building Expansion Phase II project, PN 6-C-010-20. Motion by Gilmore, seconded by Felter, to approve Amendment No. 1 to the agreement with Turner Construction. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt D. Consideration of Amendment to Covenant to Maintain Private Facilities Page 4 of 7 City Council Meeting Minutes February 15, 2022 related to the parking lots originally planned for Archer Subdivision Lots 2 and 3. Mayor Bacon asked for clarification regarding this amendment and City Attorney, Ron Shaver, provided the information needed. Motion by Gilmore, seconded by Felter, to approve the Amendment. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Gilmore, and Felter Absent: Vogt 8. NEW CITY COUNCIL BUSINESS Councilmember Felter said she and Councilmember Gilmore had toured the traffic operations center and was very impressed. She thanked the staff for all they do. She also shared that Chief Butaud was selected as the 2022 president of the Kansas City police and sheriffs chief's association. Ms. Felter shared a story about our fire department assisting with a 12 year old who experienced cardiac arrest at school. She also mentioned the upcoming school bond issue citizens will be able to vote for. Councilmember McCoy also thanked the first responders for their assistance at the recent plane crash. Councilmember Gilmore said the tour of the traffic operations center was educational. Mayor Bacon said the nomination committee was prepared to announce Robin Essex as the candidate for the vacant ward one seat. He said they had up to 30 days to act on that nomination but could proceed sooner if the Council wanted to. Councilmember Felter thanked the committee for their work. She said she would suggest they wait to act on the nomination since Councilmember Vogt was not in attendance. She also said she felt the process was clunky and not as transparent as she believed it should be and would like to have further discussions regarding the process. Councilmember McCoy said he too believed everyone should be in attendance when they acted on the nomination. He also said he believed the process could be improved. He said he would like to have an opportunity to meet with the Page 5 of 7 City Council Meeting Minutes February 15, 2022 candidate before voting. Mayor Bacon said they could take the full 30 days if they wanted to. He said hopefully everyone would be in attendance at the next council meeting and be prepared to move forward. 9. END OF TELEVISED SESSION 10. GENERAL ISSUES AND CONCERNS OF CITIZENS Terryl Westerhold, 12488 S. Valley Cir, spoke about debris blowing into his yard from a nearby construction site. Mayor Bacon said staff would look into it and provide recommendations. 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. DISCUSSION ITEMS 1. Discussion regarding proposed amendments to Title 18 Unified Development Ordinance pertaining to Chapters 18.10, 18.20, 18.30, 18.40, 18.50 and 18.94 (UDO22-0001). Kim Hollingsworth gave a presentation regarding the proposed UDO modifications. Councilmember Mickelson said he was supportive of these changes as he didn't believe any of them would negatively effect the cost of homes. Councilmember Felter asked for some clarification regarding the reference to Plan Olathe and Ms. Hollingsworth explained how that document supports the UDO. Councilmember McCoy commented on the changes regarding additional structures on a single property. Ms. Hollingsworth said the provision already exists in the code and the code would also ensure the structure was situated properly and not too close to the property line. Page 6 of 7 City Council Meeting Minutes February 15, 2022 Mayor Bacon asked when this would be coming back before the Council for action. Ms. Hollingsworth said it could be as early as April. 2. Discussion of 2022 Federal Legislative Priorities. Tim Danneberg, External Affairs and Issues Management Director, presented the proposed 2022 Legislative Agenda. Mayor Bacon asked questions about the National Freight Corridor designation. Beth Wright, Infrastructure Deputy Director, said KDOT is currently updating the National Freight Corridor and the City is working with them. Mayor Bacon asked if it was possible to add the southern border to the legislative agenda. Mr. Danneberg said he would explore what surrounding municipalities were doing. Councilmember Gilmore said he supported Mayor Bacon's suggestion. He also asked about the benefits of the national freight corridor. Mr. Danneberg said it gave the City a stronger position when seeking funding. 12. ADDITIONAL ITEMS None 13. ADJOURNMENT The meeting was adjourned at 8:28 PM. Brenda D. Long City Clerk Page 7 of 7

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | February 15, 2022 | 7:00 PM Mayor's Children's Fund Check Distribution and Reception - Council Chamber, 6:00 PM 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Presentation on the Olathe Mayor’s Children’s Fund 2021 Campaign. Staff Contact: Liz Ruback B. Presentation by ETC Institute on the results of the 2021 DirectionFinder Survey. (30 Min) Staff Contact: Meredith Hauck and John Page 5. PUBLIC HEARINGS Persons wanting to speak regarding a public hearing 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. Each speaker is allowed up to 5 minutes to address the City Council. A. Consideration of a Public Hearing on a request by Carrier Services Plus LLC (Jett Trucking) for issuance of industrial revenue bonds and tax phase-in for the construction of a 12,525 sq. ft. truck maintenance and storage facility located at the northeast corner of Dennis Avenue and Pine Street. Staff Contact: Meredith Hauck and John Page Attachments: A. Executive Summary B. Series Application C. Firm Data Sheet D. Cost Benefit Analysis E. Aerial of Site Action needed: Consider a motion to close the public hearing. Page 1 of 6 City Council Meeting Agenda February 15, 2022 B. Consideration of Resolution No. 22-1020 expressing intent to issue industrial revenue bonds and tax phase-in for the construction of a 12,525 sq. ft. truck maintenance and storage facility located at the northeast corner of Dennis Avenue and Pine Street. Staff Contact: Meredith Hauck and John Page Attachments: A: Resolution 22-1020 Action needed: Consider a motion to approve or deny. 6. 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 February 1, 2022. Staff Contact: Eric Strimple Attachments: A. 02-01-2022 Council Minutes B. Consideration of renewal drinking establishment applications for PB & J Robin LLC, d/b/a Red Robin; BHM Sports LLC, d/b/a Homefield A Olathe; BHM Sports LLC, d/b/a Homefield Courts; Blue Star Inc, d/b/a Hira’s Steak & Sushi; The Other Place-Olathe, Inc., d/b/a The Other Place. Staff Contact: Eric Strimple C. Consideration of new drinking establishment application for Yazdani Enterprises LLC, d/b/a La Fiesta Mexican Restaurant. Staff Contact: Eric Strimple D. Consideration of a new cereal malt beverage application for Con Sabor a Mexico, Inc. Staff Contact: Eric Strimple E. Consideration of acceptance of sculpture for the 2022 Downtown Outdoor Sculpture Exhibit. Staff Contact: Mike Sirna and Renee Rush Attachments: A. 2022 Downtown Outdoor Sculpture Exhibit Page 2 of 6 City Council Meeting Agenda February 15, 2022 F. Consideration of Resolution No. 22-1021, SU21-0007, for approval of a Special Use Permit for Motor Vehicle Sales, Leasing and Rental on 1.73 acres; located at 700 N. Rogers Road. Planning Commission recommends approval 9-0. Staff Contact: Aimee Nassif and Brenna Kiu Attachments: A. Planning Commission Packet B. Planning Commission Minutes C. Resolution No. 22-1021 G. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Consent Calendar H. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McConnel & Associates for construction of the Splashpad Parking Lot and Walkway at Lake Olathe Park, Lake Olathe Improvements, PN 4-C-002-15. Staff Contact: Mary Jaeger, Nate Baldwin and Tod Hueser Attachments: A. Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Miles Excavating, Inc. for construction of the Provence Village Neighborhood Streets Improvement Project, PN 3-R-003-22. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Construction Agreement D. Engineer's Estimate and Affidavit of Estimate Page 3 of 6 City Council Meeting Agenda February 15, 2022 J. Consideration of a Professional Services Agreement with Payne & Brockway, P.A. for design of the 167th and Ridgeview Geometric Improvements Project, PN 3-C-018-22. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Professional Services Agreement K. Consideration of a Supplemental Agreement No. 1 with Walter P. Moore and Associates, Inc. for design of the Clare Road, 106th Terrace to College Boulevard, Improvements Project, PN 3-B-065-21. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Project Fact Sheet C. Supplemental Agreement No. 1 L. Consideration of an amendment to a lease agreement with Monarch, LLC pertaining to the temporary Downtown Library location. Staff Contact: Ron Shaver Attachments: A. Library Lease B. Library Lease amendment letter M. Acceptance of renewal of contract to Johnson County Landfill (Waste Management) for the disposal of biosolids from the City’s wastewater treatment facilities. Staff Contact: Mary Jaeger and John Gilroy Attachments: A. Biosolids Disposal Fact Sheet N. Acceptance of quote from KC Scaffold Services for temporary shoring of the downtown parking garage. Staff Contact: Mary Jaeger, Beth Wright and Robert Rives Attachments: A. Quote B. Emergency Order 7. NEW BUSINESS Page 4 of 6 City Council Meeting Agenda February 15, 2022 A. Consideration of Resolution No. 22-1022 authorizing funding for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff Contact: Mary Jaeger, Mike Butaud and Jeff Blakeman Attachments: A. Project Location Map B. Project Fact Sheet C. Resolution 22-1022 Action needed: Consider a motion to approve or deny. B. Consideration of Amendment No. 1 to the agreement with PGAV Architects for additional design services for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff Contact: Mary Jaeger, Mike Butaud and Jeff Blakeman Attachments: A. Project Location Map B. Project Fact Sheet C. Amendment No. 1 Action needed: Consider a motion to approve or deny. C. Consideration of Amendment No. 1 to the agreement with Turner Construction for construction services for the Police Building Expansion Phase II project, PN 6-C-010-20. Staff Contact: Mary Jaeger, Mike Butaud and Jeff Blakeman Attachments: A. Project Location Map B. Project Fact Sheet C. Amendment No. 1 Action needed: Consider a motion to approve or deny. D. Consideration of Amendment to Covenant to Maintain Private Facilities related to the parking lots originally planned for Archer Subdivision Lots 2 and 3. Staff Contact: Ron Shaver and Chris Grunewald Attachments: Attachment A - Site Map.pdf Attachment B - 2018 Covenant to Maintain Private Facilities.pdf Attachment C - Amendment to Covenant to Maintain Private Facilities.pdf Action needed: Consider a motion to approve or deny. Page 5 of 6 City Council Meeting Agenda February 15, 2022 8. NEW CITY COUNCIL BUSINESS 9. END OF TELEVISED SESSION 10. 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. 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. DISCUSSION ITEMS 1. Discussion regarding proposed amendments to Title 18 Unified Development Ordinance pertaining to Chapters 18.10, 18.20, 18.30, 18.40, 18.50 and 18.94 (UDO22-0001). (20 min) Staff Contact: Aimee Nassif Attachments: A. Draft Redline UDO Updates 2. Discussion of 2022 Federal Legislative Priorities. (10 min) Staff Contact: Tim Danneberg Attachments: A. Draft 2022 Federal Legislative Platform 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. Page 6 of 6

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