Olathe City Council Meeting Summary - September 15, 2026

The Olathe City Council met Tuesday, September 15, 2026, at 6:30 p.m. in the Council Chamber at 100 E. Santa Fe. Councilmembers Bacon, Schoonover, Vakas, Essex, Creighton, and Deneault were present; Councilmember Felter was absent. City Manager Susan Sherman, City Attorney Ron Shaver, and city staff also attended. The regular meeting and planning session were combined, and the meeting adjourned at 9:07 p.m.

Call to Order and Executive Sessions

• The Council recessed into executive session for up to 20 minutes for attorney-client privileged consultation on a development agreement under K.S.A. 75-4319(b)(2); the open meeting resumed at 6:50 p.m. The Council then voted 6-0 to authorize the City Attorney to finalize and the Mayor to execute a Second Amendment to Development Agreement with Loretto Commercial Development, LLC.
• The Council recessed into executive session for up to 10 minutes for preliminary discussion of downtown real property acquisition under K.S.A. 75-4319(b)(6); the open meeting resumed at 7:00 p.m. The Council then voted 6-0 to authorize the City Attorney to finalize and the Mayor or City Manager to execute an agreement and related documents for acquisition of certain downtown real property.

Consent Agenda

The Council approved the Consent Agenda 6-0, including: the September 1, 2026, and September 8, 2026, Special Call meeting minutes; renewal licenses; authorization for City Manager Sherman to attend the ICMA conference in Long Beach, California, October 16-21; Amendment No. 5 with Crossland Heavy Contractors, Inc. for the West Cedar Creek Sewer Interceptor Project; the FY2026 Byrne Justice Assistance Grant program; and a new U.S. Bank corporate expense and purchasing card services contract.

Proclamation: Family Week

Mayor Bacon presented a proclamation recognizing September 20-26, 2026, as Family Week in Olathe. Tim Kruse and Jaymi Schap of Johnson County Mental Health accepted; they encouraged families to spend time together, highlighted Family Day on October 3 at the Indian Creek Library, and noted Drug Take Back Day. The minutes list Drug Take Back Day as October 4; the transcript says October 24.

New Business and Discussion Items

• Ordinance No. 26-45 (RZ26-0009) - Sunnybrook Commercial: The Council approved 5-1 the rezoning of approximately 11 acres southwest of College Boulevard and Sunnybrook Road from BP (Business Park) to C-2 (Community Center), with a conceptual preliminary site development plan. Planning Commission had recommended approval 7-0. Staff described the project as the commercial component of a coordinated mixed-use area next to the approved Dillons grocery store, with restaurants, a bank, and retail uses; it does not include vertical mixed-use. Councilmember Schoonover voted no, supporting the rezoning but not the conceptual preliminary site development plan. The applicant said architecture would complement the Dillons development.
• Ordinance No. 26-46 (RZ26-0006) - College & Sunnybrook Multifamily: The Council approved 5-1 the rezoning of approximately 20 acres southwest of College Boulevard and S. Valley Road from BP to R-3 (Low-Density Multifamily), with a conceptual preliminary site development plan for 333 rental units consisting of apartments and townhomes, at a density of 16.65 units per acre. Planning Commission had recommended approval 6-1. Staff reported that 37 nearby residents signed an informal petition and that public concerns included traffic, noise, lighting, building height, stormwater, and compatibility. Applicant Curt Peterson stated the closest multifamily building would be about 250 feet from homes to the west, about 75 percent of existing trees would be preserved, and elevations would be similar. Councilmember Creighton voted no, objecting to converting commercial land to residential. The motion added a stipulation that the preliminary site development plan return to City Council for approval.
• Ordinance No. 26-47: Approved 6-0 to amend Title 6 of the Olathe Municipal Code by adopting the 2025 Johnson County Environmental Sanitary and Aquatic Health Codes.
• Ordinance No. 26-48 - 2027 Budget: Approved 5-1. Councilmember Essex voted no, saying residents were concerned about property tax burdens and affordability. Councilmember Schoonover supported the budget but urged future consideration of revenue-neutral alternatives or spending guardrails. Mayor Bacon noted the city mill levy is not increasing and that higher tax bills reflect higher property values.
• Resolution No. 26-1078 - 2027-2031 Capital Improvement Plan: Approved 6-0.
• Resolution No. 26-1079 - 2027 Fees and Charges: Approved 6-0. The Council discussed the transfer station minimum charge increasing to $40; Public Works Director Beth Wright clarified the per-ton rate was unchanged and the fee was intended to encourage use of bulk-item pickup.

Public Comments & Testimony

• Hayleigh Hess, an Olathe Girls Softball Association board vice president, asked the Council to look beyond the open bid and recognize OGSA's 53 years of history and volunteer investment; she warned a for-profit operator could make softball less affordable and asked the city to reopen dialogue.
• Darren Elliott also spoke regarding the Olathe Girls Softball Association; his remarks are listed in the minutes but do not appear in the transcript.
• John Bott, OGSA treasurer and involved since 1984, described the complex's history and asked the Council to reconsider the RFP.
• Cecil Luna spoke in support of OGSA, saying the decision was about the girls and accusing the city of focusing on money.
• Charlotte O'Hare was listed as a scheduled speaker but did not appear.

Planning Session

• Annexation Report - 6.98 acres (ANX26-0003): The Council accepted a report on a request to annex approximately 6.98 acres southwest of W. 167th Street and S. Ridgeview Road.
• Annexation Report - 70.12 acres (ANX26-0004): The Council accepted a report on Johnson County Aggregates' request to annex approximately 70.12 acres southeast of W. Old 56 Highway and W. 151st Street. City Attorney Ron Shaver said annexation must occur before related rezoning and special-use permit applications can be considered, though the items could be scheduled for the same meeting. Staff said the later permits would address the existing quarry and proposed expansion, including operating limits, dust mitigation, and monitoring; measures included enclosing a rock-transfer point, paving haul areas at the northern quarry, and operating a vacuum truck daily, while roads serving the southern quarry would remain unpaved. The Planning Commission had voted 6-2 on the expansion and 7-1 on opening the existing special-use permit. Mayor Bacon and Councilmember Schoonover asked for a demonstrated commitment to dust control before permit decisions. Staff expected the applications to return to the Council on October 6.
• Parking Garage Artwork Discussion (PN 6-C-003-24): Events and Rentals Manager Renee Rush presented the recommended public artwork, 'Ad Astra' by artist Jay Yan, a 48-foot-high ceramic tile mosaic on the southwest elevator tower of the new City/County Parking Garage. The artwork has a sunflower-to-star design, a $200,000 public art budget funded through the public art ordinance's 1 percent of eligible capital project costs, and is expected to last more than 30 years. Councilmember Creighton asked about funding and long-term maintenance; Councilmember Vakas supported the artist and material but requested a more muted, natural color palette; Councilmember Schoonover supported the proposal; Mayor Bacon questioned appearance, cost, warranty, and repairability and requested alternatives. Staff agreed to provide other concepts and additional information before the contract returns for consideration.

Additional Items and Recognitions

• Councilmembers recognized Senior Planner Emily Carrillo for positive public feedback, thanked softball families for attending, noted National Voter Registration Day, National Stormwater Day, and National IT Professionals Day, and recognized retiring Public Works Director Beth Wright.
• City Manager Sherman thanked staff for budget work.
• Mayor Bacon announced the third annual pickleball tournament benefiting the Olathe Mayor's Children's Fund.

Key Outcomes

• Executive session actions authorized: 6-0 on the Loretto development agreement amendment, and 6-0 on downtown property acquisition.
• Consent Agenda approved 6-0.
• Ordinance 26-45 approved 5-1, with Councilmember Schoonover voting no.
• Ordinance 26-46 approved 5-1, with Councilmember Creighton voting no, and with a stipulation that the preliminary site development plan return to City Council.
• Ordinance 26-47 approved 6-0.
• Ordinance 26-48 approved 5-1, with Councilmember Essex voting no.
• Resolution 26-1078 approved 6-0.
• Resolution 26-1079 approved 6-0.
• Annexation reports accepted; no formal decision made on the annexation applications.
• Parking garage artwork discussion deferred pending additional options and information from staff.