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City Council

Regular Meeting

Olathe, KS · July 18, 2023

AgendaMinutesVideo Recording

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 18, 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. Consideration of Resolution No. 23-1046 appointing new members to the Olathe Human Relations Commission. Motion by Gilmore, seconded by Vogt, to approve Resolution No. 23-1046. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Proclamation recognizing August 1, 2023 as National Night Out in Olathe. Mayor Bacon read and presented the proclamation to Police Sergeant John Moncayo, and resident, Lori Vogelsberg. Sergeant Moncayo thanked the mayor and council for the proclamation and spoke about the history of the event. C. Recognition of Olathe high school student champions. Mayor Bacon presented awards to the high school athletes who were State champions in their designated sport and those who achieved a perfect score on their ACT. 5. PUBLIC HEARINGS A. Public hearing to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal. Page 1 of 6 City Council Meeting Minutes July 18, 2023 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 6. CONSENT AGENDA Motion by Gilmore, seconded by Vogt, to approve the consent agenda with the exception of item J, as presented. 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 for the June 20, 2023 regular meeting and the July 11, 2023 budget workshop meeting. Approved B. Consideration of renewal drinking establishment applications. Approved C. Consideration of a renewal private club license. Approved D. Consideration of business expense statement for City Manager Michael Wilkes for expenses incurred to attend an LKM conference in Dodge City, KS, June 15 and 16, 2023. Approved E. Consideration of Resolution No. 23-1047 of the City of Olathe, Kansas regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. Approved F. Consideration of Resolution No. 23-1048 for the assignment and assumption of lease agreements and bond documents from Hunt Investments, LLC to 624 Properties, LLC. Approved G. Request for the acceptance of the revised preliminary site development plan for Garmin Sign Package Amendments (PR23-0009), containing one (1) lot on approximately 96.14 acres, located at 1200 E. 151st Street. Planning Commission approved plan 9 to 0. Approved H. Request for the acceptance of the dedication of land for public easements for a final plat of Great Plains Commerce Center, Third Plat (FP23-0014), containing two (2) lots and one (1) tract on approximately 22.96 acres, located at 15770 S. Theden Street. Planning Commission Page 2 of 6 City Council Meeting Minutes July 18, 2023 approved plat 9 to 0. Approved I. Request for the acceptance of the dedication of land for public easements for a final plat of Great Plains Commerce Center, Fourth Plat (FP23-0015), containing one (1) lot on approximately 1.43 acres, located at 15770 S. Theden Street. Planning Commission approved plat 9 to 0. Approved J. Request for the acceptance of the dedication of land for public easements for a final plat of Woodland Forest (FP23-0016), containing three (3) lots and seven (7) tracts on approximately 49.82 acres, located southeast of K-10 Highway and Woodland Road. Planning Commission approved plat 9 to 0. Councilmember Mickelson stated he asked for the item to be pulled to have a separate vote. Motion by Gilmore, seconded by Felter, to approve the dedication of land for public easements for a final plat of Woodland Forest (FP23-0016), as presented. The motion carried with the following vote: Yes: McCoy, Bacon, Gilmore, Felter, and Essex No: Mickelson, and Vogt K. Consideration of Consent Calendar. Approved L. Consideration of award of contract to Kimco USA, Inc. for the purchase of a salt conveyor for the Street Maintenance Section of Infrastructure. Approved M. Consideration of spending authorization with Hydro-Klean, LLC for specialty tank cleaning and inspection services for the Environmental Services Division of Infrastructure. Approved N. Consideration of award of contract to Heritage Tractor, Inc. for the purchase of two (2) John Deere Gators for the Environmental Services and Field Operations Divisions of Infrastructure. Approved O. Consideration of awarding an amended 5-year agreement to AXON Enterprise, Inc. for replacement of in-car video, body camera video, and the Taser electronic compliance device to prepare for future growth and technological needs associated with data transmission and retention. Approved P. Consideration of renewal of contract with KanREN, Inc. for the purchase Page 3 of 6 City Council Meeting Minutes July 18, 2023 of internet products, network services, security products, cloud services, video conferencing, and professional and support services for the Information Technology Department. Approved Q. Consideration and Approval of the 2024 Community Development Block Grant (CDBG) funding recommendations. Approved 7. NEW BUSINESS A. Consideration of Ordinance No. 23-17 amending Title 9 of the Olathe Municipal Code (The Olathe Public Offense Code). Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-17. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex B. Consideration of Ordinance No. 23-18 amending Title 10 of the Olathe Municipal Code (The Olathe Traffic Ordinance). Motion by Gilmore, seconded by Vogt, to approve Ordinance No. 23-18. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 8. NEW CITY COUNCIL BUSINESS Councilmember Essex congratulated all the state champion athletes and academic champions. She also congratulated the city for receiving the ETC Leading The Way award for the fourth time. Councilmember Mickelson thanked staff for going above and beyond with the budget process and answering questions. Councilmember Vogt congratulated the state athletes and scholars as well. She also stated she appreciated city staff for all they do. Councilmember Gilmore congratulated MidAmerica Nazarene University (MNU) on successfully raising 10 million dollars and a 2 million dollar grant for the Copeland Sports Complex. Councilmember McCoy stated the Olathe Live concert postponed from last week has been rescheduled for September 29th. He also stated the Fire Page 4 of 6 City Council Meeting Minutes July 18, 2023 Department is always helping those in need and provides mutual aid to neighboring cities. Councilmember Felter also congratulated (MNU) on the funding for the sports complex. Other items mentioned were the 100 year anniversary of the Olathe Chamber of Commerce, the hard work provided by the fire department and police department, and the intern program with the fire department where we currently have three interns. She also praised the solid waste crew that stopped to provide CPR to a citizen in need. City Manager, Michael Wilkes, stated the League of Kansas Municipalities is in the process of updating their strategic plan and one of the workshops to get feedback will be held at the Downtown Library. Mayor Bacon mentioned the Mayor Children's Fund will have a fundraiser at the Olathe Live concert on Friday night. 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.gov 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. None heard 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. General Overview of the Proposed 2024 Water and Sewer Budget, 2024-2028 Capital Improvement Plan (CIP), and fees. Jarrod Stewart, Budget Manager, summarized the budget process and gave a presentation regarding the proposed water and sewer budget. Infrastructure Director, Mary Jaeger, provided an overview of the 2024-2028 Capital Improvement Plan (CIP) and fees for Page 5 of 6 City Council Meeting Minutes July 18, 2023 water and sewer. Council members asked questions of each presenter to better understand details and gain clarification. 12. EXECUTIVE SESSION A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the quarterly review of the City Manager. 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 quarterly review of the City Manager for 30 minutes, returning to the Council Chamber at 9:07 PM. The motion carried with the following vote: Yes: Mickelson, McCoy, Bacon, Vogt, Gilmore, Felter, and Essex 13. ADDITIONAL ITEMS Mayor Bacon stated after having conversations with the Street Maintenance Sales Tax Committee, it would continue and the council would review members and recommendations in the coming months. 14. ADJOURNMENT The meeting adjourned at 9:09 PM. Eric Strimple Assistant City Clerk Page 6 of 6

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | July 18, 2023 | 7:00 PM 1. CALL TO ORDER 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution No. 23-1046 appointing new members to the Olathe Human Relations Commission. Staff Contact: Liz Ruback Action needed: Consider a motion to approve or deny. B. Proclamation recognizing August 1, 2023 as National Night Out in Olathe. Staff Contact: Liz Ruback C. Recognition of Olathe high school student champions. Staff Contact: Liz Ruback 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.gov or in person at City Hall. Each speaker is allowed up to 5 minutes to address the City Council. A. Public hearing to consider levying assessments to collect unpaid city expenditures for weed mowing and debris removal. Staff Contact: Brenda Swearingian Action needed: Consider a motion to close the public hearing. 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 council member requests that an item be removed from the consent agenda and considered separately. Page 1 of 4 City Council Meeting Agenda July 18, 2023 A. Consideration of approval of the City Council meeting minutes for the June 20, 2023 regular meeting and the July 11, 2023 budget workshop meeting. Staff Contact: Brenda Swearingian B. Consideration of renewal drinking establishment applications. Staff Contact: Eric Strimple C. Consideration of a renewal private club license. Staff Contact: Eric Strimple D. Consideration of business expense statement for City Manager Michael Wilkes for expenses incurred to attend an LKM conference in Dodge City, KS, June 15 and 16, 2023. Staff Contact: Cathy Marks E. Consideration of Resolution No. 23-1047 of the City of Olathe, Kansas regarding the Governing Body’s intent to levy a property tax exceeding the revenue neutral rate. Staff Contact: Jamie Robichaud and Briana Burrichter F. Consideration of Resolution No. 23-1048 for the assignment and assumption of lease agreements and bond documents from Hunt Investments, LLC to 624 Properties, LLC. Staff Contact: Jamie Robichaud and John Page G. Request for the acceptance of the revised preliminary site development plan for Garmin Sign Package Amendments (PR23-0009), containing one (1) lot on approximately 96.14 acres, located at 1200 E. 151st Street. Planning Commission approved plan 9 to 0. Staff Contact: Jamie Robichaud and Jessica Schuller H. Request for the acceptance of the dedication of land for public easements for a final plat of Great Plains Commerce Center, Third Plat (FP23-0014), containing two (2) lots and one (1) tract on approximately 22.96 acres, located at 15770 S. Theden Street. Planning Commission approved plat 9 to 0. Staff Contact: Jamie Robichaud and Andrea Fair I. Request for the acceptance of the dedication of land for public easements for a final plat of Great Plains Commerce Center, Fourth Plat (FP23-0015), containing one (1) lot on approximately 1.43 acres, located at 15770 S. Theden Street. Planning Commission approved plat 9 to 0. Staff Contact: Jamie Robichaud and Andrea Fair Page 2 of 4 City Council Meeting Agenda July 18, 2023 J. Request for the acceptance of the dedication of land for public easements for a final plat of Woodland Forest (FP23-0016), containing three (3) lots and seven (7) tracts on approximately 49.82 acres, located southeast of K-10 Highway and Woodland Road. Planning Commission approved plat 9 to 0. Staff Contact: Jamie Robichaud and Emily Carrillo K. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin L. Consideration of award of contract to Kimco USA, Inc. for the purchase of a salt conveyor for the Street Maintenance Section of Infrastructure. Staff Contact: Mary Jaeger and Zach Hardy M. Consideration of spending authorization with Hydro-Klean, LLC for specialty tank cleaning and inspection services for the Environmental Services Division of Infrastructure. Staff Contact: Mary Jaeger and Zach Hardy N. Consideration of award of contract to Heritage Tractor, Inc. for the purchase of two (2) John Deere Gators for the Environmental Services and Field Operations Divisions of Infrastructure. Staff Contact: Mary Jaeger and Zach Hardy O. Consideration of awarding an amended 5-year agreement to AXON Enterprise, Inc. for replacement of in-car video, body camera video, and the Taser electronic compliance device to prepare for future growth and technological needs associated with data transmission and retention. Staff Contact: Mike Butaud P. Consideration of renewal of contract with KanREN, Inc. for the purchase of internet products, network services, security products, cloud services, video conferencing, and professional and support services for the Information Technology Department. Staff Contact: Mike Sirna and Barrett Baumgartner Q. Consideration and Approval of the 2024 Community Development Block Grant (CDBG) funding recommendations. Staff Contact: Mike Sirna and Emily Diehl 7. NEW BUSINESS A. Consideration of Ordinance No. 23-17 amending Title 9 of the Olathe Municipal Code (The Olathe Public Offense Code). Staff Contact: Ron Shaver and Bob Gallimore Action needed: Consider a motion to approve or deny. Page 3 of 4 City Council Meeting Agenda July 18, 2023 B. Consideration of Ordinance No. 23-18 amending Title 10 of the Olathe Municipal Code (The Olathe Traffic Ordinance). Staff Contact: Ron Shaver and Bob Gallimore Action needed: Consider a motion to approve or deny. 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.gov 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. General Overview of the Proposed 2024 Water and Sewer Budget, 2024-2028 Capital Improvement Plan (CIP), and fees. Staff Contact: Jamie Robichaud, Mary Jaeger and Jarrod Stewart 12. EXECUTIVE SESSION A. To discuss personnel matters of non-elected personnel pursuant to the exception provided in K.S.A.75-4319(b)(1) regarding the quarterly review of the City Manager. 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 4 of 4

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