City Council
Regular MeetingOlathe, KS · May 16, 2023
Minutes
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | May 16, 2023 | 7:00 PM
1. CALL TO ORDER
Present: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
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. Recognition of the Public Service Recognition Week award winners.
City Manager, Michael Wilkes, introduced the award winners. Mayor
Bacon and Deputy City Manager, Susan Sherman, presented the
awards.
5. PUBLIC HEARINGS
A. Consideration of a public hearing to identify needs for the 2024
Community Development Block Grant (CDBG) funding.
Motion by Gilmore, seconded by Vogt, to close the public hearing. The
motion carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
B. Public Hearing and Consideration of Resolution No. 23-1032 on a
request by Oppidan Investment Co. for issuance of industrial revenue
bonds for the construction of a 90,000 square foot single-story data
center on a 22.44-acre parcel southwest of the K-10 and K-7
Interchange.
Motion by Gilmore, seconded by Vogt to close the public hearing. The
motion carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
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City Council Meeting Minutes May 16, 2023
Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1032. The
motion carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
6. CONSENT AGENDA
Approval of the Consent Agenda
Councilmember McCoy asked for item L to be removed and considered
separately.
Mayor Bacon asked for item F to be removed and considered separately.
Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the
exception of items F and L. The motion carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
A. Consideration of approval of the City Council meeting minutes of May 2,
2023.
approved
B. Consideration of renewal drinking establishment applications.
approved.
C. Consideration of a private club license.
approved.
D. Consideration of pawnbroker/precious metal dealer renewal license
application.
approved.
E. Consideration and acceptance of award of contract to Five9, Inc. to
provide Contact Center Solution services for Customer Service at the
Robinson location, the Olathe Community Center, and Fire
Administration to replace the current provider.
approved.
F. Consider authorization of transfer from General Fund to Downtown
Revitalization Project.
Motion by Gilmore, seconded by Vogt, to approve item F. The motion
carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
G. Consideration of Resolution No. 23-1033 authorizing the public sale of
General Obligation Temporary Notes, Series 2023-A; and General
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City Council Meeting Minutes May 16, 2023
Obligation Improvement Bonds, Series 2023A.
approved.
H. Consideration of Resolution No. 23-1034 authorizing the public sale of
Water and Sewer System Improvement Bonds, Series 2023.
approved.
I. Consideration of Resolution No. 23-1035 (SU23-0003), requesting
approval for renewal of a special use permit for Animal Care with Indoor
or Outdoor Kennel at Camp Bow Wow, containing one (1) lot on
approximately 2.10 acres; located at 1150 W. 151st Street, Suite D.
Planning Commission recommends approval 8 to 0.
approved.
J. Consideration of Resolution No. 23-1036 (SU23-0002), requesting
approval of a special use permit for motor vehicle sales for KC Car
Gallery South, containing one (1) lot on approximately 2.12 acres,
located at 15695 S. US-169 Highway. Planning Commission
recommends approval 7 to 1.
approved.
K. Consideration of Consent Calendar.
approved.
L. Consideration of a contract award to J. Oliver Construction, LLC for
replacement of playground equipment and surfacing at the Olathe Girls
Softball Complex as part of the OGSC Parking Improvements Project,
PN 4-C-006-23.
Motion by Gilmore, seconded by Vogt, to approve item L. The motion
carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
M. Consideration of Supplemental Agreement No. 1 with Black & Veatch for
additional engineering services associated with the on-call engineering
services for wastewater treatment, PN 1-C-014-21.
approved.
N. Consideration of renewal of contracts to Harcros Chemicals, Inc.,
Brenntag Mid-South, Polydyne, Inc., Poet Ethanol Products, DPC
Industries, Inc., Carus LLC, PVS Technologies, Inc., Mississippi Lime
Company, Nalco Company, Evoqua Water Technologies, LLC and
Kemira Water Solutions, Inc. for water and wastewater treatment
chemicals for the Environmental Services Division of Infrastructure.
approved.
7. NEW BUSINESS
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City Council Meeting Minutes May 16, 2023
A. Consideration of Ordinance No. 23-10 (RZ23-0002), requesting
approval of a rezoning from the R-1 (Residential) District to the M-2
(General Industrial) District and a preliminary site development plan for
159 Venture, LLC, containing one (1) lot on approximately 4.58 acres;
located at 19460 W. 159th Street. Planning Commission recommends
approval 8 to 0.
Motion by Gilmore, seconded by Vogt, to approve Ordinance 23-10.
The motion carried with the following vote:
Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and
Essex
8. NEW CITY COUNCIL BUSINESS
9. END OF TELEVISED SESSION
10. GENERAL ISSUES AND CONCERNS OF CITIZENS
None
11. CONVENE FOR PLANNING SESSION
A. REPORTS
1. Report on Council budget priorities.
Report accepted.
2. 2022 Economic Development Incentive Activities Report.
Report accepted.
3. Report regarding proposed amendments to Section 7.02.020 of
the Olathe Municipal Code exempting a core commercial district
from location restrictions applicable to alcoholic liquor or cereal
malt beverage licenses or permits.
Report accepted.
B. DISCUSSION ITEMS
1. Discussion on housing recommendations and strategies.
Planning and Development Manager, Kim Hollingsworth and
Deputy City Attorney, Chris Grunewald, gave a presentation on
housing recommendations.
Councilmember Felter asked questions about expanding
programs to include areas of town other than old town Olathe.
Mr. Grunewald said they were looking into ways to expand.
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City Council Meeting Minutes May 16, 2023
Councilmember McCoy asked about the timelines for the
various recommendations. Ms. Hollingsworth said the timelines
varied and they are currently partner with Johnson County. Mr.
McCoy asked about the parameters of old town Olathe and
Ms. Hollingsworth provided that information.
Councilmember Vogt asked if the Home Builders Association
was involved and Ms. Hollingsworth said they hade been in
constant communications with various members of the
community. Ms. Vogt asked what impact rehab on aging
complexes would have on renters and Mr. Grunewald said
many projects would come with specific guidelines.
Councilmember Mickelson asked if it was achievable to build
new home in the price range indicated. Ms. Hollingsworth there
were lots of things to work through.
Councilmember Gilmore reminded the Council of the report
from the County regarding the number of homes in Olathe
under $300,000. He also encouraged the City to look for
partnerships.
Councilmember McCoy asked about using vacant lots and
partnering with developers. Mr. Grunewald said they had been
on contact with various organizations.
Councilmember Felter noted that Olathe has a great inventory
of affordable housing compared to other communities in the
County.
Mayor Bacon said he would like to have more data regarding
aging multi-family rehab programs.
Councilmember Vogt and McCoy said they thought they
needed to think differently.
2. Police Focus Area Update.
Police Chief, Mike Butaud, presented a department update.
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City Council Meeting Minutes May 16, 2023
Councilmember Felter asked clarifying questions about the
proposed firing range and the decision on where to locate it.
Chief Butaud said they have some possible locations. She
asked about opioid usage and Chief Butaud said they continue
to work to educate the public regarding dangers. Ms. Felter
also asked about the collaboration with Olathe West High
School's safety program and if it is helping with hiring new
officers. Chief Butaud said he believes it will eventually.
Councilmember Gilmore asked about the grant that helps
support the co-responder program. Chief Butaud said the
grant will end eventually, but as long as there is grant funding
available he believed they would continue to be eligible.
12. ADDITIONAL ITEMS
Councilmember McCoy reminded everyone of the Memorial Day service on
May 29th.
Councilmember Vogt asked for the Council to be sent the upcoming budget
dates. She asked fellow council members who was going to be playing in
Sunflower Wickets. She also announced the auditors evaluation would be June
20th.
Councilmember Essex said people had been talking about the new art that has
recently been installed.
Mayor Bacon asked when the art project in the roundabout would be completed.
City Engineer, Nate Baldwin, said it is almost completed, but the landscaping
might be another 2-3 weeks.
Mayor Bacon asked about the Comprehensive Plan Committee. City Manager,
Michael Wilkes said the RFP would be in July and might be able to convene a
committee in August.
Mayor Bacon asked about "No Mow May" and Quality of Life Director, Mike
Sirna, shared a short update on the current mowing citations.
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City Council Meeting Minutes May 16, 2023
13. ADJOURNMENT
The meeting was adjourned at 9:09 PM.
Brenda D. Swearingian
City Clerk
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Agenda
City of Olathe City Council
100 E. Santa Fe | Council Chamber
Tuesday | May 16, 2023 | 7:00 PM
1. CALL TO ORDER
2. BEGIN TELEVISED SESSION – 7:00 P. M.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL BUSINESS
A. Recognition of the Public Service Recognition Week award winners.
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 to identify needs for the 2024
Community Development Block Grant (CDBG) funding.
Staff Contact: Mike Sirna and Emily Diehl
Action needed: Consider a motion to close the public hearing.
B. Public Hearing and Consideration of Resolution No. 23-1032 on a
request by Oppidan Investment Co. for issuance of industrial revenue
bonds for the construction of a 90,000 square foot single-story data
center on a 22.44-acre parcel southwest of the K-10 and K-7
Interchange.
Staff Contact: Jamie Robichaud and John Page
Attachments: Attachment A: Executive Summary
Attachment B: Project Application
Attachment C: Firm Data Sheet
Attachment D: Cost Benefit Analysis
Attachment E: Site Aerial
Attachment F: 2022 Cost Benefit Analysis History
Attachment G: Resolution No. 23-1032
Action needed: Consider a motion to close the public hearing.
Action needed: Consider a motion to approve Resolution No. 23-XXXX.
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City Council Meeting Agenda May 16, 2023
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 May 2,
2023.
Staff Contact: Eric Strimple
Attachments: A. 05-02-2023 Council Minutes
B. Consideration of renewal drinking establishment applications.
Staff Contact: Eric Strimple
C. Consideration of a private club license.
Staff Contact: Eric Strimple
D. Consideration of pawnbroker/precious metal dealer renewal license
application.
Staff Contact: Eric Strimple
E. Consideration and acceptance of award of contract to Five9, Inc. to
provide Contact Center Solution services for Customer Service at the
Robinson location, the Olathe Community Center, and Fire
Administration to replace the current provider.
Staff Contact: Erin Vader and Jillian Foster
Attachments: A. Master Services Agreement
F. Consider authorization of transfer from General Fund to Downtown
Revitalization Project.
Staff Contact: Jamie Robichaud
G. Consideration of Resolution No. 23-1033 authorizing the public sale of
General Obligation Temporary Notes, Series 2023-A; and General
Obligation Improvement Bonds, Series 2023A.
Staff Contact: Jamie Robichaud, Briana Burrichter and John Page
Attachments: A. Draft Sale Resolution
B. Draft Summary Term Sheet
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City Council Meeting Agenda May 16, 2023
H. Consideration of Resolution No. 23-1034 authorizing the public sale of
Water and Sewer System Improvement Bonds, Series 2023.
Staff Contact: Jamie Robichaud, Briana Burrichter and John Page
Attachments: A. Draft Sale Resolution
B. Draft Summary Term Sheet
I. Consideration of Resolution No. 23-1035 (SU23-0003), requesting
approval for renewal of a special use permit for Animal Care with Indoor
or Outdoor Kennel at Camp Bow Wow, containing one (1) lot on
approximately 2.10 acres; located at 1150 W. 151st Street, Suite D.
Planning Commission recommends approval 8 to 0.
Staff Contact: Jamie Robichaud and Emily Carrillo
Attachments: A. Planning Commission Packet
B. Planning Commission Minutes
C. Resolution No. 23-1035
J. Consideration of Resolution No. 23-1036 (SU23-0002), requesting
approval of a special use permit for motor vehicle sales for KC Car
Gallery South, containing one (1) lot on approximately 2.12 acres,
located at 15695 S. US-169 Highway. Planning Commission
recommends approval 7 to 1.
Staff Contact: Jamie Robichaud and Jessica Schuller
Attachments: A. Planning Commission Packet
B. Planning Commission Minutes
C. Resolution No. 23-1036
K. Consideration of Consent Calendar.
Staff Contact: Mary Jaeger and Nate Baldwin
Attachments: A. Consent Calendar
L. Consideration of a contract award to J. Oliver Construction, LLC for
replacement of playground equipment and surfacing at the Olathe Girls
Softball Complex as part of the OGSC Parking Improvements Project,
PN 4-C-006-23.
Staff Contact: Mary Jaeger and Nate Baldwin
Attachments: A. Project Location Map
B. Agreement
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City Council Meeting Agenda May 16, 2023
M. Consideration of Supplemental Agreement No. 1 with Black & Veatch
for additional engineering services associated with the on-call
engineering services for wastewater treatment, PN 1-C-014-21.
Staff Contact: Mary Jaeger and Nate Baldwin
Attachments: A. Supplemental Agreement No. 1
N. Consideration of renewal of contracts to Harcros Chemicals, Inc.,
Brenntag Mid-South, Polydyne, Inc., Poet Ethanol Products, DPC
Industries, Inc., Carus LLC, PVS Technologies, Inc., Mississippi Lime
Company, Nalco Company, Evoqua Water Technologies, LLC and
Kemira Water Solutions, Inc. for water and wastewater treatment
chemicals for the Environmental Services Division of Infrastructure.
Staff Contact: Mary Jaeger and Zach Hardy
7. NEW BUSINESS
A. Consideration of Ordinance No. 23-10 (RZ23-0002), requesting
approval of a rezoning from the R-1 (Residential) District to the M-2
(General Industrial) District and a preliminary site development plan for
159 Venture, LLC, containing one (1) lot on approximately 4.58 acres;
located at 19460 W. 159th Street. Planning Commission recommends
approval 8 to 0.
Staff Contact: Jamie Robichaud and Emily Carrillo
Attachments: A. Planning Commission Packet
B. Planning Commission Minutes
C. Ordinance No. 23-10
Action needed: Consider a motion to approve (4 positive votes), deny (5
positive votes required), or return to the Planning Commission.
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.
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City Council Meeting Agenda May 16, 2023
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 Council budget priorities.
Staff Contact: Jamie Robichaud
Attachments: A. Updated Budget Priorities
2. 2022 Economic Development Incentive Activities Report.
Staff Contact: Jamie Robichaud, Briana Burrichter and John
Page
Attachments: Attachment A: 2022 Economic Development Incentives
Activities Report.
3. Report regarding proposed amendments to Section 7.02.020 of
the Olathe Municipal Code exempting a core commercial district
from location restrictions applicable to alcoholic liquor or cereal
malt beverage licenses or permits.
Staff Contact: Ron Shaver and Bob Gallimore
Attachments: A - Ordinance No. 23-XX
B. DISCUSSION ITEMS
1. Discussion on housing recommendations and strategies. (20 min)
Staff Contact: Jamie Robichaud, Kim Hollingsworth, Mike Sirna
and Chris Grunewald
Attachments: A. Housing Workshop Survey
B. Housing Recommendations
2. Police Focus Area Update. (20 min)
Staff Contact: Mike Butaud
12. ADDITIONAL ITEMS
13. ADJOURNMENT
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City Council Meeting Agenda May 16, 2023
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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