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City Council

Regular Meeting

Olathe, KS · February 4, 2025

AgendaMinutes

Minutes

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | February 4, 2025 | 6:45 PM City Council Technology Training - Council Conference Room - 6:15 P.M. 1. CALL TO ORDER Present: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A. 75-4319(b)(1) regarding the City Auditor position. Motion by Vogt, seconded by Gilmore, 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 City Auditor Position for 10 minutes. The open meeting will resume in City Council Chambers at 6:56 PM. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover 3. RECONVENE FROM EXECUTIVE SESSION Mayor Bacon stated the City Council is still in the process of searching for a new City Auditor. 4. BEGIN LIVE STREAMED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 25-1017 reappointing a member to the Planning Commission. Mayor Bacon introduced Planning Commission Chair Wayne Janner to introduce Planning Commissioner Jeff Creighton. Mayor Bacon presented Mr. Creighton with his certificate of reappointment. Mr. Creighton thanked the mayor and council for allowing him to continue to serve. Page 1 of 6 City Council Meeting Minutes February 4, 2025 Motion by Vogt, seconded by Gilmore, to approve Resolution No. 25-1017. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover 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 council member requests that an item be removed from the consent agenda and considered separately. Councilmember Vogt requested items E and I to be pulled and considered separately. Councilmember Gilmore requested item N to be pulled and considered separately. Approval of the Consent Agenda Motion by Vogt, seconded by Gilmore, to approve the Consent Agenda with the exception of items E, I, and N. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover A. Consideration of approval of the City Council meeting minutes of the January 21, 2025 council meeting. approved. B. Consideration of renewal license(s) as recommended by the City Clerk. approved. C. Consideration of Travel Request Authorization for City Councilmembers and City Manager, Michael Wilkes to travel to attend the NLC conference. approved. D. Consideration of a Real Estate Agreement with Enterprise Bank & Trust. approved. E. Consideration of approval of Resolution No. 25-1018, and adopting the updated 2024 Region L Multi-Jurisdictional Hazard Mitigation Plan for Olathe, Kansas. Councilmember Vogt stated she feels this is an important document and asked for Fire Chief DeGrafenreid to provide an update on the Page 2 of 6 City Council Meeting Minutes February 4, 2025 item. Chief DeGraffenreid stated it is required for all political cities to have a plan to be eligible to receive funding from the government. He stated Region L consists of Wyandotte, Leavenworth and Johnson Counties which all had input on the new updates. FEMA then reviews them and approves them, which then allows the counties and cities to apply for grant funding for them. Some of the projects include making sure the dam at Lake Olathe is safe and adding power generation to water lift stations. Ms. Vogt stated there are four items listed with a proposed completion time of one year, that total approximately 4 million dollars and asked what would happen if the Federal Grants are not approved. Chief DeGraffenreid stated staff would begin looking for other grants first before looking at the budget process for potential funding. Mayor Bacon asked clarifying questions about traffic signals moving to battery backup. Nate Baldwin, CIty Engineer, stated there are only about eight signals that do not have battery backup at this time and the batteries last about 12 hours. Motion by Vogt, seconded by Gilmore, to approved Resolution No. 25-1018 adopting the updated 2024 Region L Multi-Jurisdictional Hazard Mitigation Plan for Olathe, Kansas. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover F. Consideration of Consent Calendar. approved. G. Consideration of Resolution No. 25-1019 authorizing the City of Olathe’s completion of an application to Kansas Department of Health and Environment for a loan for the Super Critical Water Oxidation Project, PN 1-C-019-25. approved. H. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the 2025 Local and Collector Street Mill and Overlay Project - Group A, PN Page 3 of 6 City Council Meeting Minutes February 4, 2025 3-P-006-25. approved. I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Sands Construction, LLC for construction of the Prairie Center Park Improvements Phase 1 Project, PN 4-C-016-22. Councilmember Vogt asked for a brief presentation outlining the changes being made since this project is being funded by the Park Sales Tax. Nate Baldwin, City Engineer, presented the changes, including the addition of a parking lot and new pickleball courts. Motion by Vogt, seconded by Gilmore, to approve Project, PN 4-C-016-22 as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover J. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: 143rd Street and Lakeshore Drive Arterial Mill and Overlay Projects, PN 2-R-001-25. approved. K. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: Anne Shirely Drive Pipe Lining Project, PN 2-R-002-25. approved. L. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: Public Safety Drive Reconstruction Project, PN 2-R-003-25. approved. M. Consideration of a Professional Services Agreement with HNTB Corporation for contract project management services for various infrastructure projects within the City of Olathe. approved. N. Consideration of award of contract to Trojan Technologies to upgrade UV modules at Harold Street Wastewater Treatment Plant. Councilmember Gilmore asked for clarification on why a single source vs. going out to bid on the item was used. Michelle Probasco, Environmental Services Manager, stated that a single source bid was used because the upstream control systems Page 4 of 6 City Council Meeting Minutes February 4, 2025 at the Wastewater Treatment Plant already use Trojan Technologies, and if the city used another company's equipment, it would void the warranty of the remaining Trojan equipment. Motion by Vogt, seconded by Gilmore, to approve item N as presented. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover 8. NEW BUSINESS A. Consideration of Ordinance No. 25-05 amending Section 3.60.140 of the Olathe Municipal Code pertaining to General Policy on Tort Liability Claims. Motion by Vogt, seconded by Gilmore, to approve Ordinance No. 25-05 amending Section 3.60.140. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Felter, Vakas, and Essex Absent: Schoonover B. Consideration of Ordinance No. 25-06 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Sutherland Lumber Company of Kansas City, LLC, et al., Case No. 24-CV-05563 for the Animal Shelter Project, PN 6-C-007-23. Councilmember Gilmore stated he was against this item and felt the need to take private property was not warranted when a shelter could be built elsewhere. Motion by Vogt, seconded by Felter, to approved ordinance 25-06. The motion carried by the following vote: Yes: Bacon, Vogt, Felter, Vakas, and Essex No: Gilmore Absent: Schoonover 9. NEW CITY COUNCIL BUSINESS Councilmember Vogt applauded the councilmembers and staff that participated in the Chill Chasers walk. Ms. Vogt thanked Nate Baldwin for meeting her at Avignon Apartments to visit with their safety committee. Councilmember Felter praised the Police and Fire Departments for their social media material. Dr. Felter also mentioned Heather Geary, first year social Page 5 of 6 City Council Meeting Minutes February 4, 2025 worker class at KU. Dr. Felter mentioned she had a great discussion with Ms. Geary and other students regarding what to expect after graduation and the individuals they may get to work with. Mayor Bacon noted that February is Black History Month and announced that the city will issue a proclamation during the council meeting on February 18th. He also shared that the City of Olathe is collaborating with the City of Overland Park to host the second annual Neighborhood Leadership Summit. 10. END OF LIVE STREAMED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS No comments heard. 12. CONVENE FOR PLANNING SESSION If report items are present, they have been 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. Quarterly Procurement Report Report Accepted 13. ADDITIONAL ITEMS 14. ADJOURNMENT The meeting adjourned at 7:26 PM. Eric Strimple Assistant City Clerk Page 6 of 6

Agenda

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | February 4, 2025 | 6:45 PM City Council Technology Training - Council Conference Room - 6:15 P.M. 1. CALL TO ORDER 2. EXECUTIVE SESSION Consideration of motion to recess into an executive session to discuss the following items: A. Personnel matters of non-elected personnel pursuant to the exception provided in K.S.A. 75-4319(b)(1) regarding the City Auditor position. Staff Contact: Leslie Fortney 3. RECONVENE FROM EXECUTIVE SESSION 4. BEGIN LIVE STREAMED SESSION – 7:00 P. M. 5. PLEDGE OF ALLEGIANCE 6. SPECIAL BUSINESS A. Consideration of Resolution No. 25-1017 reappointing a member to the Planning Commission. Staff Contact: Liz Ruback Attachments: 2-4-25 Planning appointments resolution 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 council member requests that an item be removed from the consent agenda and considered separately. A. Consideration of approval of the City Council meeting minutes of the January 21, 2025 council meeting. Staff Contact: Brenda Swearingian Attachments: A. 01-21-2025 Council Minutes Page 1 of 5 City Council Meeting Agenda February 4, 2025 B. Consideration of renewal license(s) as recommended by the City Clerk. Staff Contact: Eric Strimple C. Consideration of Travel Request Authorization for City Councilmembers and City Manager, Michael Wilkes to travel to attend the NLC conference. Staff Contact: Cathy Marks Attachments: Michael NLC 3-10 Marge NLC 3-10 Dean NLC 3-10 D. Consideration of a Real Estate Agreement with Enterprise Bank & Trust. Staff Contact: Ron Shaver Attachments: A: Enterprise Bank & Trust real estate agreement E. Consideration of approval of Resolution No. 25-1018, and adopting the updated 2024 Region L Multi-Jurisdictional Hazard Mitigation Plan for Olathe, Kansas. Staff Contact: Jeff DeGraffenreid Attachments: 2024 Region L Multi-jurisdictional Hazard Mitigation Plan Resolution No. 25-1018 Olathe HMP 5 Year Projects F. Consideration of Consent Calendar. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Consent Calendar G. Consideration of Resolution No. 25-1019 authorizing the City of Olathe’s completion of an application to Kansas Department of Health and Environment for a loan for the Super Critical Water Oxidation Project, PN 1-C-019-25. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Resolution Page 2 of 5 City Council Meeting Agenda February 4, 2025 H. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to McAnany Construction, Inc. for construction of the 2025 Local and Collector Street Mill and Overlay Project - Group A, PN 3-P-006-25. 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 I. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to Sands Construction, LLC for construction of the Prairie Center Park Improvements Phase 1 Project, PN 4-C-016-22. 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 Cost J. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: 143rd Street and Lakeshore Drive Arterial Mill and Overlay Projects, PN 2-R-001-25. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Agreement K. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: Anne Shirely Drive Pipe Lining Project, PN 2-R-002-25. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Agreement Page 3 of 5 City Council Meeting Agenda February 4, 2025 L. Consideration of an Agreement with Johnson County for funding the construction of the CMP Replacement: Public Safety Drive Reconstruction Project, PN 2-R-003-25. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Project Location Map B. Agreement M. Consideration of a Professional Services Agreement with HNTB Corporation for contract project management services for various infrastructure projects within the City of Olathe. Staff Contact: Mary Jaeger and Nate Baldwin Attachments: A. Agreement N. Consideration of award of contract to Trojan Technologies to upgrade UV modules at Harold Street Wastewater Treatment Plant. Staff Contact: Zach Hardy, Michelle Probasco and Shari Pine Attachments: A. Contract 8. NEW BUSINESS A. Consideration of Ordinance No. 25-05 amending Section 3.60.140 of the Olathe Municipal Code pertaining to General Policy on Tort Liability Claims. Staff Contact: Ron Shaver and Chris Grunewald Attachments: A: Ordinance No. 25-05 Action needed: Consider a motion to approve or deny. B. Consideration of Ordinance No. 25-06 authorizing payment by the City Treasurer of an eminent domain award and court-appointed appraisers’ fees in the eminent domain case of The City of Olathe, Kansas vs. Sutherland Lumber Company of Kansas City, LLC, et al., Case No. 24-CV-05563 for the Animal Shelter Project, PN 6-C-007-23. Staff Contact: Ron Shaver and Mike Sirna Attachments: A: Appraiser’s Award Ordinance Action needed: Consider a motion to approve or deny. 9. NEW CITY COUNCIL BUSINESS Page 4 of 5 City Council Meeting Agenda February 4, 2025 10. END OF LIVE STREAMED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS Persons wanting to speak regarding a general concern must sign up prior to the beginning of the City Council meeting. A person may sign up by notifying the City Clerk by calling 913-971-8521, or emailing CCO@Olatheks.gov by 5:00 PM or in person at City Hall until 30 minutes prior to the start of the meeting. The Council has allocated up to 3 minutes per speaker, and up to 30 minutes total for this portion of the meeting. 12. CONVENE FOR PLANNING SESSION If report items are present, they have been 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. Quarterly Procurement Report Staff Contact: Jamie Robichaud and Shari Pine Attachments: A. Quarterly Procurement Report 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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