Olathe City Council Meeting - May 7, 2024

The City Council of Olathe, Kansas held a regularly scheduled meeting on May 7, 2024, at 7:00 PM in the Council Chamber. The meeting included recognition of Teen Council seniors, a proclamation for Public Service Recognition Week, a public hearing for the 2025 Community Development Block Grant (CDBG) funding, approval of a consent agenda, discussion and approval of a comprehensive plan update agreement, extensive debate and approval of a rezoning and site plan for the Cedar Ridge Mixed Use Community, approval of two charter ordinances, acceptance of several reports, and an executive session.

Consent Calendar

• The consent agenda was approved by a 7-0 vote (Bacon, Vogt, Gilmore, Schoonover, Felter, Vakas, Essex). Items included:
  • Approval of April 16, 2024 meeting minutes
  • New and renewal licenses
  • Travel request for City Manager and Councilmembers to Washington, DC (May 14-16)
  • Business expense statements
  • Cyber liability insurance renewal
  • Resolution for Modernization of Fire Stations project (PN 6-C-031-24)
  • Construction management agreement with Newkirk Novak Construction Partners, Inc.
  • Design services agreement with Finkle + Williams, Inc.
  • Fleet purchase of one Pierce Enforcer HazMat fire apparatus
  • Agreement with Johnson County for Ridgeview Road Arterial Mill and Overlay project
  • Construction contract for JCW Doghouse Manhole project
  • Contract for Olathe WTP2 chemical feed and electrical modifications
  • Professional services agreements with HNTB Corporation and Olsson, Inc. for various design projects
  • Supplemental agreement with Olsson, Inc. for Black Bob Road improvements
  • Renewals of contracts for directional drilling, traffic signal supplies, electrical lighting maintenance, sound/lighting equipment, and outdoor warning siren maintenance

Public Comments & Testimony

• CDBG Public Hearing: No public comments were heard. The hearing was closed by a 7-0 vote.
• Cedar Ridge Mixed Use Community (New Business C): Three speakers addressed the council.
  • Scott Beeler (representing PON LLC) spoke against the proposal, arguing the plan was illegal, inconsistent with the Cedar Creek overlay, and would harm the community's character.
  • Craig Eymann (former Cedard Creek developer) spoke in favor, providing historical context and stating the proposed mixed-use development was the best use for the site.
  • Ron Mather (board member and resident) spoke in favor, citing the developer's good faith negotiations and belief that the Cedar Creek zoning would provide better control.
• General Issues and Concerns of Citizens: Bridgette Moore spoke in favor of the council issuing a Pride proclamation in June.

Discussion Items

• Special Business:
  • Mayor Bacon presented certificates to senior Teen Council members, who shared their future plans. The teens contributed 550 hours of community service this year.
  • Mayor Bacon read a proclamation declaring May 6-10, 2024 as Public Service Recognition Week, accepted by Digital Program Manager Scott Meyer.
• New Business A – Comprehensive Plan Update: Council approved an agreement with Houseal Lavigne Associates to update the Olathe Comprehensive Plan (CPA24-0001). The firm presented an 18-month timeline with six steering committee touchpoints, public engagement via website, community events, and a Map Social tool. Councilmembers asked about developer engagement, affordable housing, plan flexibility, and representation across the city. The motion by Vogt, seconded by Gilmore, passed 7-0.
• New Business C – Cedar Ridge Mixed Use Community (RZ24-0003): This was the most debated item. Staff (Kim Hollingsworth and Charlie Love) presented the proposal to rezone 14.37 acres from C-2 to CC (Cedar Creek) District and approve a preliminary site development plan for a mixed-use community with 310 dwelling units, 28,500 sq ft of commercial space, a parking garage, and 551 parking stalls. The property is southeast of W. Valley Parkway and S. Cedar Creek Parkway. Staff noted that a valid protest petition had been withdrawn, so only a simple majority (4 votes) was required. The Planning Commission had recommended approval 4-3.
  • Key issues raised during council discussion: building height and visibility from Cedar Creek Parkway, compliance with the Cedar Creek Overlay District and the "Green Book," traffic impacts (study showed all intersections remained at level of service A), environmental impacts, and the definition of a "town center."
  • Councilmember Vakas expressed strong concerns about the site plan, arguing the building mass dominated the entrance and that the Golden Criteria had been misapplied. He made a motion to hold the application at council level and send the site plan back to staff for revision within 90 days, with specific guidance to reduce visible height, improve public spaces, and accelerate commercial phasing. That motion failed 1-6 (Vakas in favor; Schoonover, Felter, Essex, Bacon, Vogt, Gilmore opposed).
  • Councilmember Vogt then moved to approve the rezoning and preliminary site plan. The motion passed 5-2 (Bacon, Vogt, Gilmore, Felter, Essex in favor; Schoonover and Vakas opposed). Stipulations included a drive-through restriction, density cap, sign standards, phasing requiring at least one commercial building permit before occupancy, maximum height limits, and tree preservation.
• New Business D – Charter Ordinance No. 81: Concerning city officers and employees. Approved 7-0.
• New Business E – Charter Ordinance No. 82: Redesignating and repealing Charter Ordinance No. 24. Approved 7-0.
• Reports (from Planning Session):
  • Report on annexation of approx. 27.25 acres (ANX24-0001) accepted.
  • Report on a request for industrial revenue bonds and tax phase-in (submitted by PDC STL/INDY LPIV, LLC) was withdrawn by the applicant.
  • Report on annexation of approx. 306.71 acres (ANX24-0002) accepted.
  • Report on council budget priorities accepted.
  • Report on 2024-2025 Audit Plan proposal accepted.
• Executive Session: Council recessed into executive session for 15 minutes to discuss personnel matters of non-elected personnel (K.S.A. 75-4319(b)(1)). Upon reconvening, they voted 7-0 to accept the resignation of Internal City Auditor Mary Ann Vasor.

Key Outcomes

• Approval of Comprehensive Plan Update Agreement with Houseal Lavigne Associates: Passed 7-0.
• Approval of Cedar Ridge Mixed Use Community Rezoning and Preliminary Site Plan: Passed 5-2 (Bacon, Vogt, Gilmore, Felter, Essex yes; Schoonover, Vakas no).
• Approval of Charter Ordinance No. 81: Passed 7-0.
• Approval of Charter Ordinance No. 82: Passed 7-0.
• Motion to Hold Cedar Ridge Application and Send Back to Staff: Failed 1-6.
• Acceptance of Internal City Auditor Resignation: Passed 7-0.
• Consent Agenda and CDBG Public Hearing Closure: Both passed 7-0.
• Reports were accepted as presented; one report withdrawn.
• The meeting adjourned at 10:52 PM.