City Council

City of Olathe City Council 100 E. Santa Fe | Council Chamber Tuesday | December 17, 2024 | 7:00 PM 1. CALL TO ORDER Present: Bacon, Vogt, Gilmore, Schoonover, Felter, Vakas, and Essex Others in attendance were City Manager, Michael Wilkes, Deputy City Manager, Susan Sherman, and City Attorney, Ron Shaver. 2. BEGIN LIVE STREAMED SESSION – 7:00 P. M. 3. PLEDGE OF ALLEGIANCE 4. 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 Councilmember Schoonover asked for item D to be removed and considered separately. Motion by Vogt, seconded by Gilmore, to approve the Consent Agenda with the exception of item D. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, Vakas, and Essex A. Consideration of approval of the City Council meeting minutes of December 3, 2024 approved. B. Consideration of renewal license(s) as recommended by the City Clerk. approved. C. Consideration of Resolution No. 24-1074 regarding the Annexation policy, City Council Policy PI-6 (PLN24-0006). approved. D. Consideration of Resolution No. 24-1075 adopting the Industrial Page 1 of 6 City Council Meeting Minutes December 17, 2024 Revenue and Tax Abatement (IRB) Policy. Mr. Schoonover asked for item D to be considered separately. He asked what measures the City implements to ensure the applicant has followed through on their commitment, specifically as it relates to the wage requirements. Jaime Robichaud, Director of Economy, said those details are outlined in the performance agreement and that the City requires a report each year. She said that the annual reporting mechanism is not new but has just been added into the formal IRB Policy so it is more visible to developers. Councilmember Schoonover asked if that report would be provided to the Council if the company was out of compliance. Ms. Robichaud said generally they would provide that information to the Council if staff or bond council was unsuccessful in bringing them into compliance. Mayor Bacon asked if the language regarding the annual report in the policy was taken directly from the performance agreement and if it is standard for all applicants. Ms. Robichaud said it is the same language that is used in the performance agreement. She also said each agreement starts with the standard language but could potentially be changed slightly to reflect specifics for different projects. Mayor Bacon asked if the Council would be notified if an applicant wanted to deviate from the standard language and Ms. Robichaud said they would. Councilmember Gilmore asked about the language regarding exceeding minimum standards. City Attorney, Ron Shaver, said commercial projects are all subject to building code requirements, but these projects are usually high quality projects and they are already exceeding the standard requirements. He said this wording in the policy was to reflect what is usually presented by developers and what the Council has come to expect. Mr. Gilmore asked if this was tied to a bonus that had previously been discussed and Mr. Shaver said that it was not but there was an addition to the policy pertaining to data centers. Mr. Gilmore asked if applicants that did Page 2 of 6 City Council Meeting Minutes December 17, 2024 not exceed standards would automatically be denied and Mr. Shaver said that when projects were submitted to the planners they would not be looking at the possible incentives. Councilmember Vogt asked if we expected everyone that was given an incentive to exceed the environmental regulations and if not, would there be a bonus for those that did exceed. Mayor Bacon suggested that the Council stay with the current language stating that preference would be given to those who do exceed applicable environmental standards. Mr. Shaver said that would also allow the Council to have discretion to move forward or not. Motion by Vogt, seconded by Gilmore, to approve Resolution No. 24-1075, adopting the Industrial Revenue and Tax Abatement Policy with the change to section 2.B Design Criteria which would remain the same as in the previous policy. The motion carried by the following vote: Yes: Bacon, Vogt, Gilmore, Schoonover, Felter, Vakas, and Essex E. Request for the acceptance of the dedication of the land for public easements and public street right-of-way for a final plat for Prairie Canyon, Second Plat (FP24-0028), containing 61 lots and eight (8) tracts on approximately 38.71 acres, located southwest of College Boulevard and K-7 Highway. Planning Commission approved the plat 6 to 0. approved. F. Request for the acceptance of the dedication of the land for public easements for a final plat for Olathe Commerce Park, Fourth Plat (FP24-0030) containing one (1) lot and three (3) tracts on approximately 21.20 acres, located north of Dennis Avenue and east of Pine Street. Planning Commission approved the plat 8 to 0. approved. G. Request for acceptance of the dedication of land for public easements for a final plat of Johnson County Government Plaza, Third Plat (FP24-0034), containing two (2) lots and two (2) tracts on approximately 38.74 acres, located at 11811 & 11875 S. Sunset Drive. Planning Commission approved the plat 8 to 0. approved. H. Request for the acceptance of the dedication of the land for public easements and public street right-of-way for a final plat for Enclave at Regency Plat (FP24-0036), containing thirteen (13) lots and two (2) tracts on approximately 4.24 acres, located northwest of W. 131st Street & Greenwood. Planning Commission approved the plat 8 to 0. Page 3 of 6 City Council Meeting Minutes December 17, 2024 approved. I. Request for the acceptance of the dedication of the land for public easements for a final plat for The Shops at Prairie Farms, Second Plat (FP24-0037), containing two (2) lots on approximately 2.54 acres, located southeast of W. Santa Fe Street and N. Persimmon Drive. Planning Commission approved the plat 8 to 0. approved. J. Consideration of Consent Calendar. approved. K. Consideration of an authorization of transfer from the Street Excise Tax Fund to the 167th & Ridgeview Geometric Improvements Project, PN 3-C-018-22. approved. L. Consideration of Engineer’s Estimate, acceptance of bids and award of contract to VF Anderson Builders LLC for construction of the 167th & Ridgeview Geometric Improvements Project, PN 3-C-018-22. approved. M. Consideration of a Water Main Relocation Agreement with Water District No. 1 of Johnson County for the 119th Street, Woodland to Northgate, Improvements Project, PN 3-C-024-21. approved. N. Consideration of excess workers compensation insurance for the self-funded City workers compensation program. approved. O. Consideration of the property and casualty insurance programs for 2025. approved. P. Consideration of award of contract to Mammoth Sports Construction, LLC for sports field dugout replacement at Lone Elm Softball Complex. approved. Q. Consideration of award of contract to Professional Turf Products, L.P. for the purchase of two Toro Groundsmaster 5900 and one Toro Groundsmaster 4000 for the Parks Maintenance Division of Quality of Life. approved. 5. NEW CITY COUNCIL BUSINESS Councilmember Felter said it was an honor to serve and wished everyone happy holidays. Page 4 of 6 City Council Meeting Minutes December 17, 2024 Councilmember Vakas wished everyone a Merry Christmas and a great 2025. City Manager, Michael Wilkes, wished everyone a Merry Christmas. Mayor Bacon thanked everyone for coming to the Christmas tree lighting. He said the lights are still on and invited everyone to come out to see them. He also said the Mayor's Children's Fund is at approximately $110,000 and hopes to meet their goal. He wished everyone a Merry Christmas and a happy and prosperous new year. 6. END OF LIVE STREAMED SESSION 7. 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. No comments were heard. 8. 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 a request for annexation of approximately 6.25 acres located at 16090 S. Black Bob Road and approximately 1.32 acres located at 16040 S. Black Bob Road (ANX24-0006). Mayor Bacon asked if this was a part of the development in that same area and City Manager, Michael Wilkes, said it was not. 9. ADDITIONAL ITEMS Councilmember Vakas asked about Johnson County staff coming to provide an update to the Council regarding the funding that had been allocated for a homeless shelter. City Manager, Michael Wilkes, asked if the council wanted a presentation or just an explanation. Mayor Bacon mentioned that he had sent out an email from the County explaining where those funds were being distributed Page 5 of 6 City Council Meeting Minutes December 17, 2024 and Mr. Vakas said he had not received that message. Mr. Vakas said he would like to hear more about what the County is proposing to address this issue of homelessness in the community. Mayor Bacon suggested a report to be included when County staff presents their budget overview early in the year. Mr. Wilkes said that usually the City has County Commissioners come for a short presentation and it could perhaps be addressed at that time. Councilmember Vakas also asked about adding sustainability initiatives on the City's website. Councilmember Vogt thanked Planning staff for the open house last week. She said she had heard great comments even from attendees from neighboring communities. She thanked staff for all their work in 2024 and said she is looking forward to the coming year. Councilmember Gilmore wished everyone a Merry Christmas. He also thanked staff for all their work and said he is looking forward to 2025. Councilmember Essex wished everyone a Merry Christmas. Councilmember Schoonover said it has been a great first year serving the community and thanked staff for all their hard work. City Manager, Michael Wilkes, said the sustainability initiatives page Councilmember Vakas had asked about is already on the website and he will send that information to the Council. Mayor Bacon said 2024 has been an amazing year in Olathe and he is looking forward to some exciting things in 2025. 10. ADJOURNMENT The meeting was adjourned at 7:25 P.M. Brenda D. Swearingian City Clerk Page 6 of 6