City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 3, 2019 | 7:00 PM 1. CALL TO ORDER Present: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland Also present were City Manager Wilkes, Assistant City Manager Sherman and City Attorney Shaver. 2. BEGIN TELEVISED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution No. 19-1068 reappointing members to the Board of Code Review. Mayor Copeland invited Ben Laxton, Fire Protection Engineer, forward to introduce Jerry Bachar and Adam Zorn. Mayor Copeland presented each with a certificate of reappointment. Motion by Randall, seconded by Bacon to approve Resolution No. 19-1068. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland B. Recognition of Mike Rinke and Sandy Feeney with Service Awards. Mayor Copeland invited Dean Vakas, Planning Commission Chairman, forward to introduce Mike Rinke and recognize him for his years of service on the Planning Commission. Mayor Copeland invited Brent McCune, Mayor's Christmas Tree Fund Chairman, forward to introduce and recognize Sandy Feeney for her years of service on the Mayor's Christmas Tree Board. Mayor Copeland presented each with a service award and thanked them for their service to the community. C. Recognition of 2019-2020 Teen Council Members. Page 1 of 19 City Council Meeting Minutes December 3, 2019 Mayor Copeland invited Assistant City Manager, Susan Sherman, to introduce the Teen Council for recognition. She highlighted their three goals, Educate, Service, and Leadership and asked each student to state their name and tell which school they attend. Mayor Copeland presented each student with a certificate of recognition. 5. PUBLIC HEARINGS A. Consideration of a Public Hearing on a request by K/H Jensen (on behalf of Sun Life Assurance Company of Canada) for issuance of industrial revenue bonds and tax phase in for the construction of a 600,000 sq. ft. light industrial facility located on a 36+/- acre parcel west of Old 56 Highway at 155th St. in the I-35 Logistics Park (Building D). The applicant is applying under master resolution 08-1068. Mayor Copeland opened the public hearing and invited comments. Hearing no public comments, Mayor Copeland entertained a motion to close the public hearing. Motion by Randall, seconded by Bacon to close the Public Hearing. Motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland 6. CONSENT AGENDA Councilmember Bacon requested items E, F, G and H, be removed for separate consideration and vote. Motion by Randall, seconded by Bacon to approve the consent agenda with the exception of items E, F, G and H. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland A. Consideration of approval of the City Council meeting minutes of November 19, 2019. Approved B. Consideration of drinking establishment renewal applications for 54th Street Grill, located at 14750 S. Harrison Street, Chili's Grill & Bar, located at 14920 S. Harrison Street, and Jumpin' Catfish, located at 1861 S. Ridgeview Road. Approved C. Consideration of a cereal malt beverage license application for calendar Page 2 of 19 City Council Meeting Minutes December 3, 2019 year 2019. Approved D. Consideration of cereal malt beverage license applications for calendar year 2020. Approved E. Consideration of Resolution No. 19-1069 adopting the Tax Increment Financing (TIF) Policy. . Councilmember Bacon requested that consent items E, F, G, and H, be tabled until the December 17th council meeting. Motion by Bacon, seconded by Campbell to table consent items E, F, G, and H. Motion carred by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland F. Consideration of Resolution No. 19-1070 adopting the Transportation Development District (TDD) Policy. . Tabled G. Consideration of Resolution No. 19-1071 adopting the Industrial Revenue Bond and Tax Abatement (IRB) Policy. . Tabled H. Consideration of Resolution No. 19-1072 adopting the Community Improvement District Policy. . Tabled I. Consideration of Resolution No. 19-1073 assigning the lease agreement and related bond documents by Opus Development Company, LLC in connection with $16,524,000 in industrial revenue bonds to STAG Industrial Holdings, LLC. Approved J. Consideration of business expense statements for Mayor Copeland and City Manager, Michael Wilkes, for expenses incurred to attend the National League of Cities City Summit in San Antonio, TX, November 19 - 24, 2019. Approved K. Consideration of Resolution No. 19-1074 and promulgation of the Region L Multi-Jurisdictional Hazard Mitigation Plan. Approved L. Consideration of Resolution No. 19-1075, PLN19-0002, requesting the City’s consent to the enlargement of the Consolidated Main Sewer District (10525 S. Quail Ridge Drive). Approved Page 3 of 19 City Council Meeting Minutes December 3, 2019 M. Consideration of Resolution No. 19-1076, PLN19-0003, requesting the City’s consent to the enlargement of the Consolidated Main Sewer District (Willow Crossing 4th Plat). Approved N. Consideration of Consent Calendar. Approved O. Consideration of a Relocation and Reimbursement Agreement with ATMOS Energy Corporation for the Santa Fe Street and Ridgeview Road Geometric Improvements Project, PN 3-C-083-15. Approved P. Consideration of Supplemental Agreement No. 3 with Black & Veatch Corporation for construction phase services for the Water Treatment Plant 2: Alternative Disinfection Project, PN 5-C-004-16. Approved Q. Consideration of an Agreement between the City of Olathe, Kansas and the Board of County Commissioners of Johnson County, Kansas, for the funding of the Brougham Drive Regional Detention Basin Project, PN 2-C-002-16. Approved R. Acceptance of bid and consideration of award of contract to TMC Furniture for LearnPLAY furniture for the new Indian Creek Library. Approved S. Acceptance of bid and consideration of award of contracts to Indigo Design, Inc., Landworks Studio, LLC., and Stantec Consulting Services, Inc. for On-Call Landscape Architects for Park Planning and Design Services. Approved 7. NEW BUSINESS-PUBLIC WORKS A. Consideration of an Agreement with WHP for design, fabrication, and installation of a Fire Training Tower for the Fire Training Center Improvements Project, PN 6-C-004-13. Deputy Public Works Director, Beth Wright, and Fire Chief, Jeff DeGraffenreid, gave a presentation with renderings and information about the new Fire Training Tower. Councilmember Randall asked if questions from citizens had been addressed. Ms. Wright stated that they had and at the neighborhood meeting in June there had been no negative comments. Page 4 of 19 City Council Meeting Minutes December 3, 2019 Mr. Randall asked if there were other similar facilities in Johnson County. Chief DeGraffenreid said there is one in Overland Park that is used by Johnson County Community College but the one in Olathe will be the only Class A facility in Johnson County. Mr. Randall asked if surrounding Cities will be able to use this training facility and Chief DeGraffenreid stated that many have already asked to be placed on the calendar. Councilmember McCoy asked if the cost estimate was firm and Ms. Wright stated it is as long as steel prices do not go up but she anticipates the project to remain within budget. Motion by Randall, seconded by Bacon to approve the agreement with WHP. Motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland B. Consideration of Ordinance No. 19-74, UDO19-0005: Requesting approval regarding amendments to Chapters 18.30, 18.50, and 18.90 of the Unified Development Ordinance. Planning Commission recommends approval 8-0. Motion by Randall, seconded by Bacon, to approve Ordinance No. 19-74. Motion carried by the following vote: Yes: Bacon, Randall, McCoy, Vogt, and Copeland No: Brownlee, and Campbell C. Consideration of RZ19-0011, requesting approval of a zoning amendment for the Planned District (PD), Archer Subdivision (specifically Tommy’s Express Car Wash) on 1.04± acres located at 225 S. Parker Street. Planning Commission recommends denial 6 to 0. Senior Planner, Kim Hollingsworth, gave a presentation. Councilmember Randall said he felt like it came down to some basic issues and wanted to know how long between the time the original development was approved, before the request for a change came in. Ms. Hollingsworth said it was just slightly less than two years. Mr. Randall said he was concerned with the development promising Page 5 of 19 City Council Meeting Minutes December 3, 2019 one thing and then wanting to do something else, although he did belive the west side of Olathe could use a nice car wash. Councilmember Bacon said he believed that this car wash would be different than most as it closes in the evening and would not be open to the public 24/7. Ms. Hollingsworth said that it would be different than most car washes, but staff and Planning Commission wanted the area to be more pedestrian friendly. Councilmember Vogt asked for clarification on where the apartments are located in relation to the car wash and how people would move around. Ms. Hollingsworth identified the area and showed the connectivity through the district along the residential area. She indicated that this would be a departure from the plan should it be approved. Councilmember McCoy asked if Ms. Hollingsworth had seen other Tommy Car Wash locations. He indicated one in a neighboring city was near up-scale apartments and shops and was not a typical car wash. Ms. Holloingsworth said she had seen pictures but had not visited the area. Councilmember Brownlee questioned the walkability since the car wash would be directly on a main street. Ms. Hollingsworth confirmed that it would be along a main arterial but that it would not promote walkability. Councilmember Campbell asked what types of businesses could be built in that location. Ms. Hollingsworth indicated there were hundreds of other options including retail and restaurants. Page 6 of 19 City Council Meeting Minutes December 3, 2019 Applicant Rob Heise, 800 E. 101st Terr, Kansas City, MO, gave a short presentation. Jeff Berg, Senior Vice President with the developer, Colliers International, indicated they are supportive of a car wash as the anchor tenant and believe it will attract others to the area. Mayor Copeland asked when they would announce who would be on the adjacent lots. Mr. Berg said they were not ready to make an announcement but if they felt Tommy's Car Wash would be a detriment to attracting other tenants, they would not be leading with them. Councilmember Vogt asked if they expected to come back with further amendments and Mr. Berg said there was no plans for that at this time. Ms. Vogt asked if the future tenants they are talking with meet requirements and Mr. Burg indicated they do. Councilmember Campbell asked what the hours of operation would be. Mr. Heise said the hours would be 7:00 AM to 7:00 or 8:00 PM, depending on the season. Mr. Campbell also asked what the approximate traffic count difference would be between a car wash and a Starbucks. He indicated he was supportive of the project and felt the design was excellent. Councilmember Vogt had questions about the design and Mr. Heise said that it would blend with the color scheme of the apartments as well as adding landscaping that would enhance the property. Councilmember Bacon expressed his support for this specific Page 7 of 19 City Council Meeting Minutes December 3, 2019 project but wanted to guard against another type of car wash. City Attorney Ron Shaver explained that the action before the Council was for the re-zoning and that an ordinance could be prepared with specific stipulations. Motion by Bacon, seconded by McCoy to approve RZ 19-0011 subject to the ordiance. The motion carried with the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland D. Consideration of Ordinance No. 19-50, RZ19-0006, requesting approval for a rezoning from CTY PEC-3 and M-2 to C-3 and preliminary development plan for Builders Stone on 17.35± acres; located west of Kansas City Road and north of 119th Street. Chief Planning Officer, Aimee Nassif gave a presentation. Applicant, Brandon Becker, 616 N. Rogers Rd., owner of Builder's Stone, said he appreciates staff time and collaboration on this project. He indicated everything has been agreed on other than the masonry wall. Councilmember Brownlee asked if the exterior has changed since the last presentation. Mr. Becker said there was additional masonry but the electronic renderings do not adequately show it. She also asked about native vegetation and Mr. Becker said there is currently vegetation and more would be added. Councilmember Vogt thanked Mr. Becker for working with staff. She had questions about the wrought iron fencing and the screening provided from the native vegetation. She was also concerned about replacement and what it would be like during the winter season. Mr. Becker said they had conducted "line of sight" studies. Ms. Vogt had asked if they had thought about adding a little more stone instead of all metal on the west side and Mr. Becker said that had already been done and it was currently at 60% stone. Ms. Vogt asked questions about the truck traffic and Mr. Becker said Page 8 of 19 City Council Meeting Minutes December 3, 2019 it was only their trucks that would be at the docks. She also had questions for staff, asking what kinds of trees, shrubberies are there currently and what she would see right now. Ms. Nassif said staff would recommend a double row of evergreen trees. Councilmember Randall asked if "C" zoning would allow for the outdoor storage. Ms. Nassif assured him that was the case. He also asked about the height of the wall and Ms. Nassif said it would be approximately 6-8 feet tall. She also said that the vegetation, if done correctly, could screen the area adequately. Councilmember Campbell asked for clarification on where the wall was located. He also thanked staff for their work with the applicant Councilmember Bacon said he believed it would look better if there were stone posts with the wrought iron. He wanted to be sensitive to future development. Mr. Becker agreed this could potentially be an option. Councilmember Brownlee noted that the only place that she believed the area would be visible would be from the ramp. In addition, she asked about what would be built to the west and Ms. Nassif said there are no current applications for that area. Councilmember Bacon made the motion for approval but asked for stipulations to be added regarding the wrought iron fencing and the distance between the stone posts. Motion by Bacon, seconded by Vogt to approve Ordinance No. 19-50 with stpulations. Motion carried with the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland E. Consideration of Ordinance No. 19-75, RZ19-0021: Request approval for a rezoning from C-2 District to D (Downtown) District, preliminary site development plan for Chestnut South containing 1 lot on 1.82± acres; located on the southeast corner of E Park Street and N Chestnut Street. Planning Commission recommends approval 9 to 0. Page 9 of 19 City Council Meeting Minutes December 3, 2019 Senior Planner, Emily Carillo, gave a presentation. Applicant, John McGurk, 210 W. 19th Terr, Kansas City, MO, with Milhaus development, complimented and thanked staff for all their work on this project. He shared a short presentation about Milhaus and the proposed development. Councilmember McCoy asked when they would break ground if everything came perfectly together and Mr. McGurk said it would be April, 2020. Councilmember Randall said the City has been looking for a developer for downtown for a long time and Mr. McGurk said that the Chamber had reached out to them and the fundamentals are here. Councilmember Bacon asked if commercial had been considered for the first floor. Mr. McGurk said that there are a lot of available storefronts downtown. Mr. Bacon also asked about the number of parking spaces allocated for each unit and Mr. McGurk indicated they utilize shared parking for many of their projects. Councilmember Vogt asked about what the amenities would be for this development. Mr. McGurk said there would be a pool, fitness room, makers room, etc. Ms. Vogt expressed she thought it was an exciting project. Councilmember Brownlee asked questions about the materials being used for the project and Mr. McGurk indicated it is a more modern project. She also asked about the cost to the developer for the land and highlighted the tax abatement. She expressed concern for the parking plans. Councilmember Bacon asked about the lease agreement for the parking in the downtown garage and the number of spaces available for anticipated tenants. Page 10 of 19 City Council Meeting Minutes December 3, 2019 City Attorney Ron Shaver, answered the questions about the agreement. Mr. Bacon continued to ask questions regarding parking and the number of spaces available for the anticipated tenants. Chief Planning Officer, Aimee Nassif, said parking counts had been conducted and staff believed there would be adequate parking. Councilmember Bacon also asked about the economic analysis and would like to have staff take a closer look. Administrative Service Manager, Emily Vincent, said they would provide additional information as requested. Councilmember Brownlee asked additional question about parking space requirements and the hardship on the downtown business owners because of increased demand for parking. Councilmember Randall talked about how it takes incentives to draw this kind of development to an area and thinks we should step out and move and not sit back and wait. Councilmember Vogt noted that much of the current parking issue can be contributed to the construction of the courthouse. She also reminded the Council of a previous vote when they all supported a development agreement for the cost of the land and the abatement. Councilmember McCoy said he believed this development would allow the downtown to thrive and would be a very positive gain to Olathe. Councilmember Bacon said he is excited about the private investment in downtown, but wants to go in with eyes wide open. Mayor Copeland invited public comment from citizens who had signed up. Page 11 of 19 City Council Meeting Minutes December 3, 2019 Jacob Swisher, 1308 E. 152nd Street, shared concerns about the development and how little they were paying for the land. Mark Rinke, 901 S. Weaver Street, administers the Citizen's for Olathe FaceBook page and believes there are many citizens who are opposed to the development. Sheila Newbanks, 551 Alta Lane, co-owns a business adjacent to the Library and is concerned about the viability of her business if there is a new development. Elizabeth Leek, 14325 W. 143rd Street, manages the Park/Cherry building and believes parking issues need to be addressed. John Hood, 1501 E. Sunvale Drive, is a CPA in the Park/Cherry building and admonished the Council to look beneath the numbers. A.J. Lang, 124 N. Cherry, is concerned about the agreement with the developer for parking spaces in the parking garage. Dennis Newton, 100 E. Park Street, owns Kansas Ultrasound and is in favor of a vibrant downtown, but concerned about parking. Joe Vader, 901 S. Diane Drive, is generally in favor of the project and believes this is a great opportunity. Ed Rice, 1101 E. Ridgeway Drive, is concerned with the parking in downtown and also questions the affordability of the apartments. Carole Moll, 220 S. Normandy Drive, has seen other initiatives fail and is supportive of maintaining a small downtown. She believes the modern design of the apartments will not blend with the current buildings in the downtown area. Councilmember Randall said he believed opportunities like this come once and will not come again. He said he has confidence the City Council will take care of the parking if issues materialize. Page 12 of 19 City Council Meeting Minutes December 3, 2019 Councilmember Bacon said he would like more information regarding the agreement for leased parking spaces. Mayor Copeland asked City Attorney, Ron Shaver, for clarification on what was being considered. Mr. Shaver said that all that was being considered was the re-zoning and a revised lease agreement would come before the council at the next council meeting. Councilmember Campbell said he was going to support this development and he would pledge to continue working on parking concerns. Motion by Randall, seconded by Bacon to approve Ordinance No. 19-75. Motion carried by the following vote: Yes: Bacon, Campbell, Randall, McCoy, Vogt, and Copeland No: Brownlee F. Consideration of Ordinance No. 19-76, RZ19-0020, requesting approval for a rezoning from C-2 to D (Downtown, Core) District and preliminary site development plan for Chestnut North containing 1 lot on 1.04± acres; located at the southwest corner of Santa Fe and Chestnut Street. Planning Commission recommends approval 9-0 at the Public Hearing held October 28, 2019. Action Needed: Motion to concur and approve (4 positive votes), deny (5 positive votes required), or return to Planning Commission. Request for re-zoning was withdrawn by the applicant. This matter was withdrawn Mayor Copeland called for a break at 10:23 and resumed the meeting at 10:36. 8. NEW BUSINESS-ADMINISTRATION A. Consideration of Ordinance No. 19-77 adding Chapter 2.43 to the Olathe Municipal Code pertaining to Unlawful Discrimination. City Attorney, Ron Shaver, gave a short pressentation, summarizing the ordinance, including revisions that had been made. Councilmember McCoy, noted that a resolution had been passed in March and asked if there had been any concerns brought forward for mediation since that time. Page 13 of 19 City Council Meeting Minutes December 3, 2019 Mr. Shaver indcated there had been none and that mediation was a voluntary program and the proposed ordinance would also provide for a civil penalty. Mr. McCoy asked what the cost to the City would be. Mr. Shaver said it would be difficult to determine that since there had been no complaints of discrimination brought to the City. Councilmember Brownlee asked about the modifications to the ordinance and Mr. Shaver gave specifics on what and where those modifications were. He indicated they were specifically changed to provide clarification. Councilmember Bacon said this was an issue that voters paid attention to through the election and he would like to see this item tabled until the new council had been seated in January. Motion by Bacon, seconed by Brownlee to table Ordinance No. 19-77. The motion failed by by the following vote: Yes: Bacon, Brownlee, and McCoy No: Campbell, Randall, Vogt, and Copeland Councilmember Randall indicated he would vote yes for the Non-discrimination Ordinance. He said no one in Olathe should be discriminated against. He said it is not his place to tell people how to practice their faith and that the NDO also has economic implications. He recommended passing the ordinance and seeing what happens. Councilmember Vogt acknowledged this has been very difficult. She said it is much easier to address re-zonings and road issues than social issues. She thanked everyone who had called or emailed her and said she appreciates the passion. She said she hoped the discussions the past few months wouldn't overshadow the goodness of our community. Motion by Randall, seconded by Vogt, to approve Ordinance No. 19-77. Motion carried by the following vote: Yes: Campbell, Randall, Vogt, and Copeland Page 14 of 19 City Council Meeting Minutes December 3, 2019 No: Bacon, Brownlee, and McCoy B. Consideration of Ordinance No. 19-78 authorizing the issuance of taxable industrial revenue bonds, Series 2019, not to exceed $2,000,000 to Hunt Investments, LLC for the construction of a 15,000 sq. ft. office/warehouse space located on property at 579 N. Lindenwood. Motion by Randall, seconded by Bacon, to approve Ordinance No. 19-78. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland C. Consideration of Ordinance No. 19-79 authorizing the issuance of taxable industrial revenue bonds, Series 2019, not to exceed $4,000,000 for constructing and equipping a 20,442 sq. ft. grocery store. (Aldi Inc. Project) (Sales Tax Exemption only) Councilmember Randall pointed out that this development is a result of a CID that will bring more rewards to the West side of Olathe. Motion by Randall, seconded by Bacon to approve Ordinance No. 19-79. The motion carried by the following vote: Yes: Bacon, Brownlee, Campbell, Randall, McCoy, Vogt, and Copeland D. Consideration of Ordinance No. 19-80 amending Olathe Municipal Code Section 2.82.130 pertaining to Public Art and repealing the existing section. Councilmember Brownlee asked for a quick summary of the changes. Assistant City Attorney, Daniel Yoza, outlined the changes and stated they were made to provide clarification. Motion by Randall, seconded by Vogt to approve Ordinance No. 19-80. The Motion carried by the following vote: Yes: Brownlee, Randall, McCoy, Vogt, and Copeland No: Bacon, and Campbell E. Consideration of an ethics complaint. Councilmember Brownlee left the meeting at 11:05 p.m. and returned at 11:09 p.m. Mayor Copeland's Comments read from a prepared statement. Councilmembers, as you know, this item pertains to a complaint filed by Brett Hoedl against Councilmember Brownlee under the City’s Page 15 of 19 City Council Meeting Minutes December 3, 2019 Code of Ethics. We have received a copy of Mr. Hoedl’s complaint and Councilmember Brownlee’s response. It is a very rare occurrence for the City Council to receive a complaint under the Code of Ethics regarding one of its fellow members. The City Attorney informs me that the last time a complaint was filed regarding a Council member was in 1993. The procedures the City Council must follow in handling complaints such as this are the same as we had when I was on the City Council in 1993. Any time we get a complaint such as this, I am certain that all of us take these allegations very seriously. I know Mr. Hoedl takes his complaint very seriously and Councilmember Brownlee takes her response very seriously. Given the nature of the allegations and Councilmember Brownlee’s response, I think it would highly inappropriate for the City Council to either dismiss the complaint or take action on the complaint this evening. I think it is important for the City Council to have this matter reviewed by an independent 3rd party and for that review to be done deliberately and with fairness to all involved. I also think it would be appropriate, in the interest of both transparency and removing any perception of bias or undue influence by the City Council, that the investigator should submit the results of his or her investigation to a retired judge for review, and that the retired judge submit their findings and recommendations to the City Council. I believe that this is simply the right thing to do so that this group demonstrates that it is closely following the objectives of the Code of Ethics, which states “the proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people." Councilmember Campbell thanked Mayor Copeland for his comments and the motion, agreeing that it is unbiased due process. Councilmember Bacon asked if there was any information regarding the cost of an investigation. City Attorney, Ron Shaver said they would include an estimated cost when an investigator was presented. Page 16 of 19 City Council Meeting Minutes December 3, 2019 Motion by Copeland, seconded by Campbell to direct the City Attorney, at the next regularly scheduled City Council meeting, to present a list of qualified applicants for the position of Investigator, and to make a recommendation on who to engage to investigate the ethics complaint against Councilmember Brownlee in accordance with the City of Olathe Code of Ethics, and for such Investigator to submit their report to a retired judge for review, and for that judge to submit findings and recommendations regarding this matter based on the Investigator’s report to the City Council. The motion carried by the follwoing vote: Yes: Campbell, Randall, McCoy, Vogt, and Copeland No: Bacon Absent: Brownlee 9. NEW CITY COUNCIL BUSINESS Councilmember McCoy reminded everyone of the Mayor's Christmas Tree Lighting. Mayor Copeland mentioned there is still time to give to the Mayor's Christmas Tree Fund, which supports Olathe kids. Councilmember Randall expressed his respect for all who have shared comments. Councilmember Campbell asked staff to evaluate one hour parking in downtown Olathe. 10. END OF TELEVISED SESSION 11. GENERAL ISSUES AND CONCERNS OF CITIZENS None 12. 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 Page 17 of 19 City Council Meeting Minutes December 3, 2019 1. Report on a request by Milhaus Properties, LLC for issuance of industrial revenue bonds and tax phase in for the construction of a mixed-use/residential redevelopment project located at the southeast corner of Park Street and Chestnut. Councilmember Bacon indicated he did have some questions about the economic analysis and all the cost included. Councilmember Brownlee had questions about the numbers and asked if there would be another opportunity to see this before a vote. Administrative Services Manager, Emily Vincent, said it would come back as a public hearing and resolution at the next council meeting and they would have an opportunity to review. Mayor Copeland indicated he wants to better understand the components of the lease agreement with Milhaus. City Manager, Michael Wilkes, said they are working on the details of the lease and will have more information for the Council regarding that. 2. Report on a request by Calukas Properties (Garrison Plumbing and Total Design Flooring Inc.) for a first phase project under a master resolution application from Grayson Enterprise, LLC for an office/warehouse project. The applicant is asking for issuance of industrial revenue bonds and tax phase in for the construction of a 20,000 sq. ft. facility located on 2.5 acres of land located at 15430 S Mahaffie Street. The report was accepted. 3. Report on a request by Eymann Development Inc. (for tenants Smith & Boucher and Navitas Engineers) for issuance of industrial revenue bonds and tax phase in for the construction of an 18,250 sq. ft. office building on a 1.2+/- acre parcel located north of 103rd Street and west of Shadow Ridge Drive in the Cedar Creek office development. The applicant is applying under master resolution 99-1013. The report was accepted. 4. Report regarding an annexation agreement with WxW, LLC and an ordinance pertaining to the annexation of approximately 59.9± acres into the corporate boundaries of the City of Olathe. (ANX-19-0004) Page 18 of 19 City Council Meeting Minutes December 3, 2019 The report was accepted. 13. ADDITIONAL ITEMS Councilmember Bacon asked that the internal auditor's six month review be scheduled for the Executive Session at the December 17th council meeting. 14. ADJOURNMENT The meeting adjourned at 11:16 p.m. Brenda D. Long Assistant City Clerk Page 19 of 19