City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 3, 2024 | 7:00 PM 1. CALL TO ORDER Present: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore 2. BEGIN LIVE STREAMED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL BUSINESS A. Consideration of Resolution No. 24-1065 appointing and reappointing members to the Persons with Disabilities Advisory Board. Mayor Bacon introduced Mark Gash, Chairman of the Persons with Disabilities Advisory Board. Mr. Gash introduced each appointee, and the Mayor presented certificates of appointment. Motion by Vogt, seconded by Felter, to approve Resolution No. 24-1065 as presented. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore B. Consideration of Resolution No. 24-1066 appointing and reappointing members to the Board of Code Review Mayor Bacon introduced Jerry Bachar, Chairman of the Board of Code Review. Mr. Bachar introduced each appointee and the Mayor presented certificates of appointment. Motion by Vogt, seconded by Felter, to approve Resolution No. 24-1066 as presented. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore 5. PUBLIC HEARINGS Page 1 of 8 City Council Meeting Minutes December 3, 2024 Persons wanting to speak regarding a public hearing are asked to 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 no later than 30 minutes prior to the start of the meeting. Each speaker is allowed up to 5 minutes to address the City Council. A. Public Hearing and Consideration of Resolution No. 24-1067 for Business Garage Authority for $3,200,000 for issuance of industrial revenue bonds for the construction of a 33,000 square foot garage/flex office building at 15571 S Mahaffie St. Mayor Bacon opened the public hearing. Kaili Stowers, Economy Development Analyst provided a presentation to the council. Councilmember Felter asked why the Olathe School District ratio is 1.00 but will take 10 years. Jamie Robichaud, Economy Director, stated the school district is only getting property tax revenue and not sales tax revenue as well, so it will take 10 years. Councilmember Schoonover asked what the facility would be. Ms. Stowers stated it is a speculative warehouse facility. No public comments were heard. Motion by Vogt, seconded by Felter, to close the public hearing. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore Motion by vogt, seconded by Felter to approve Resolution No. 24-1067. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore B. Public Hearing and Consideration of Resolution No. 24-1068 on a request by PT Property LLC (Pizza 51 South) and assigns for an issuance request for industrial revenue bonds and tax phase-in resolution for a single series project. The project will entail the redevelopment of a existing 1,715 sf building and addition of 1,690 sf. The redeveloped facility will total 3,405 sf with a 880 sf patio to house Pizza 51 at 200 S. Kansas Avenue. Mayor Bacon opened the public hearing. Page 2 of 8 City Council Meeting Minutes December 3, 2024 No public comments were heard. Motion by Vogt, seconded by Felter, to close the public hearing. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore Motion by vogt, seconded by Felter to approve Resolution No. 24-1068. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore C. Public Hearing and consideration of Resolution No. 24-1069 on a request by 3rd Street Real Estate LLC (Third St Social) and assigns for an issuance request for industrial revenue bonds and tax phase-in resolution for a single series project. The project will entail the redevelopment of an existing 11,500 sf commercial building at 139 S. Kanas Avenue. Mayor Bacon opened the public hearing. No public comments were heard. Motion by Vogt, seconded by Felter, to close the public hearing. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore Motion by vogt, seconded by Felter to approve Resolution No. 24-1069. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore 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. Approval of the Consent Agenda Page 3 of 8 City Council Meeting Minutes December 3, 2024 Motion by Vogt, seconded by Felter, to approve the Consent Agenda. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore A. Consideration of approval of the City Council meeting minutes of the November 19, 2024 council meeting approved. B. Consideration of renewal license(s) as recommended by the City Clerk. approved. C. Consideration of Resolution No. 24-1070 setting a date and time for a public hearing regarding the creation of a community improvement district and the levy of a community improvement district sales tax pursuant to K.S.A. 12-6a26 et seq. (3rd Street Social project) on January 7, 2025. approved. D. Consideration of Resolution No. 24-1071 setting a date and time for a public hearing regarding the creation of a community improvement district and the levy of a community improvement district sales tax pursuant to K.S.A. 12-6a26 et seq. (Pizza 51 project) on January 7, 2025. approved. E. Consideration of Resolution No. 24-1072 (PLN24-0005), defining the boundary of the City of Olathe as of December 31, 2024. approved. F. Request for the acceptance of the dedication of the land for public easements for a final plat of Living Hope Church of the Nazarene, Third Plat (FP24-0031), containing two (2) lots and one (1) tract on approximately 24.75 acres, located northwest of W. 175th Street and S. Ridgeview Road. Planning Commission approved the plat 6 to 0. approved. G. Request for the acceptance of the dedication of the land for public easements for a final plat for Asbury 4th Plat, Replat of Tract A, Asbury Centre (FP24-0032), containing two (2) lots on approximately 1.1 acres, located on the northeast corner of W. 159th Street and S. Brentwood Street. Planning Commission approved the plat 6 to 0. approved. H. Consideration of PR24-0017, requesting approval of a sign package for the Heartland Coca-Cola Bottling facility on 116.83± acres; located at 17100 Hedge Lane. Planning Commission recommends approval 6 to 0. approved. Page 4 of 8 City Council Meeting Minutes December 3, 2024 I. Consideration of Consent Calendar. approved. J. Consideration of an Agreement with Kaw Roofing & Sheet Metal, Inc. for roof replacement services for the City Hall Environmental Systems Renovation and Roof project, PN 6-C-016-19. approved. K. Consideration of renewal of contract with Insco Industries, Inc., for pool painting and repair for Infrastructure. approved. L. Consideration of approval of Med-Act License Agreements with Johnson County, Kansas for use of allocated space in Olathe Fire Stations 52 and 53. approved. M. Consideration of award of contract to ConvergeOne for the annual subscription renewal of VMWare. approved. N. Consideration of the 2025 Human Service Fund Allocation Recommendations. approved. O. Consideration of the 2025 Substance Use Continuum of Care Fund (SUF) Allocation Recommendations. approved. 7. NEW BUSINESS A. Consideration of Resolution No. 24-1073 authorizing a survey and description of land or interest to be condemned for the Black Bob Road, 153rd Terrace to 159th Street, Improvements Project, PN 3-C-041-23. Motion by Vogt, seconded by Felter, to approve Resolution No. 24-1073 as presented. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore B. Consideration of Ordinance No. 24-55 approving an engineer’s survey and authorizing the acquisition of land for the Black Bob Road, 153rd Terrace to 159th Street, Improvements Project, PN 3-C-041-23. Motion by Vogt, seconded by Felter, to approve Ordinance No. 24-55 as presented. The motion carried with the following vote: Yes: Bacon, Vogt, Schoonover, Felter, Vakas, and Essex Absent: Gilmore Page 5 of 8 City Council Meeting Minutes December 3, 2024 8. NEW CITY COUNCIL BUSINESS Councilmember Felter thanked staff for the holiday lights that have been put up around town. Councilmember Vogt reminded the public of the Elevate Olathe Dream Big Visioning Open House on December 10th. Councilmember Essex added that she enjoys the holiday lights the city staff have put up. Councilmember Schoonover stated he is happy to be back and ready to get back to work. Mayor Bacon stated there was a fundraiser at First Watch for the Mayor's Children's Fund and raised almost $20,000.00. Mr. Bacon also stated the Mayor's Christmas Tree lighting is this Friday. 9. END OF LIVE STREAMED SESSION 10. 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. Jose Figuerua, Olathe resident, spoke about his concerns of electric scooters. Gabriel Brown, Olathe resident, spoke about homelessness. 11. 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. Report on proposed revisions to the City Council’s annexation policy, Policy PI-6 (PLN24-0006). Report accepted. B. DISCUSSION ITEMS Page 6 of 8 City Council Meeting Minutes December 3, 2024 1. Industrial Revenue Bond and Property Tax Abatement Policy Review. Kaili Stowers, Economy Development Analyst, provided a presentation to the council. Councilmember Vakas asked if 110% of the Johnson County per capita salary is enough and if $62,000.00 was a living wage in Johnson County. Ms. Stowers provided clarification and suggestions of potential changes. Councilmember Vogt stated the $56,000.00 at 100% is based on Johnson County Per Capita. Ms. Vogt also asked what census year was used for data. Ms. Stowers stated, 2022. Councilmember Schoonover stated he is concerned that we are asking for an average wage because it is easy for the amount to be skewed with management wages added to the average. Councilmember Felter stated that wages are one aspect of the whole picture but is concerned about raising the bar too high, driving growth to other municipalities. Dr. Felter added that she is comfortable with the proposed 110%. Mayor Bacon feels it would be hard to be competitive if the wages were raised too high. Conversation was had about the potential of adding data centers to the list of targeted industries. Susan Sherman, Deputy City Manager, stated staff would look into it and report back to council. Councilmember Vogt suggested raising the ratio on commercial to a 40% target in the assessed valuation. 2. Discussion of the 2025 State Legislative Program. Tim Danneberg, External Affairs & Issues Management Director, provided a presentation to the council. Page 7 of 8 City Council Meeting Minutes December 3, 2024 Councilmember Vakas asked general questions about affordable housing. Mr. Danneberg provided clarifying answers. 3. Presentation on the City of Olathe Emergency Operations Plan 2024 - 2028. Jeff DeGraffenreid, Fire Chief, provided a presentation to the council. Councilmember Vakas asked if there is a plan if a neighboring municipality needs assistance. Chief DeGraggenreid provided an explanation on what level of assistance the city would have to help. 4. Fire Department Focus Area Update. Jeff DeGraffenreid, Fire Chief, provided a presentation to the council. Mayor Bacon asked if the city has to prepay for fire trucks since it is taking 50 months to get them. Chief DeGraffenreid explained how the funding happens. 12. ADDITIONAL ITEMS Councilmember Vakas stated that affordable housing is repeatedly discussed, and the council needs to keep housing on its radar. Mr. Vakas would also like to invite county staff back to have conversations on the homelessness issue at the county level. Susan Sherman, Deputy City Manager, stated Olathe is hosting the Kansas Association of City/County Managers (KACM), this week. 13. ADJOURNMENT The meeting adjourned at 9:13 PM. Eric Strimple Assistant City Clerk Page 8 of 8