City Council
Regular MeetingOlathe, KS · February 4, 2025
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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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