[CALL TO ORDER] [00:00:11] ALLEGIANCE] JENNIFER, WOULD YOU PLEASE CALL ROLL? THANK YOU, MAYOR. THANK YOU. UP FIRST, WE HAVE THE MINUTES OF THE OCTOBER 1ST CITY COUNCIL MEETING. [APPROVE MINUTES] ANY CORRECTIONS? HEARING NONE, ENTERTAIN A MOTION TO APPROVE THE MINUTES. MOTION BY CRAIG. SECOND BY COURTNEY. ALL IN FAVOR? AYE. MINUTES ARE APPROVED. JENNIFER, ANY MODIFICATIONS THIS EVENING? NONE THIS EVENING. THANK YOU. UP FIRST IS THE CONSENT AGENDA. WE HAVE SEVEN ITEMS ON TONIGHT'S CONSENT AGENDA. ALL MATTERS LISTED WITHIN THE CONSENT AGENDA ARE ROUTINE AND APPROVED COLLECTIVELY, COLLECTIVELY, WITH NO SEPARATE MOTION. DISCUSSION. OH, SHOOT. I'M SORRY. BILL. YES. I MISSED OUR PROCLAMATION THIS EVENING. [PROCLAMATIONS] I'M GOING TO BACK UP. SORRY. ONE SECOND. IN ORANGE HERE, APOLOGIES FOR THAT. WE HAVE JAMIE AND JACE NEWTON HERE TO ACCEPT TONIGHT'S PROCLAMATION. WHEREAS AMPLIFIED MUSCULOSKELETAL PAIN SYNDROMES OR AMPS OR COMPLEX REGIONAL PAIN SYNDROME, CRPS IS A PROGRESSIVE CONDITION AFFECTING THE NERVOUS TISSUE, WHICH IS POORLY UNDERSTOOD, UNDER-RECOGNIZED, AND OFTEN MISDIAGNOSED. AND WHEREAS THIS CONDITION CAN STRIKE ANYONE, MOST CASES FOLLOW SOME FORM OF TRAUMATIC EVENT. SOME CASES BEGIN WITH SOMETHING AS SIMPLE AS A FALL ON THE PLAYGROUND, OR WITHOUT A KNOWN EVENT AT ALL. THE PAIN THAT RESULTS IS FAR OUT OF PROPORTION TO WHAT WOULD BE EXPECTED. AND WHEREAS THE MEDICAL COMMUNITY CONSIDERS THIS CONDITION AS THE MOST PAINFUL. CHILDREN WITH THIS CONDITION ALSO HAVE PAIN CAUSED BY SOMETHING THAT NORMALLY SHOULD NOT BE PAINFUL. SYMPTOMS MAY INCLUDE PAIN IN THE LIMBS, WHOLE BODY, ABDOMEN, HEADACHES, CHANGES IN THE SKIN, TEMPERATURE AND COLOR, AND SWELLING OF THE AFFECTED EXTREMITY. AND WHEREAS EARLY DIAGNOSIS AND TREATMENT ARE KEY TO BETTER OUTCOMES, MOST SUFFERERS SEE MULTIPLE DOCTORS AND WAIT MONTHS OR YEARS FOR AN ACCURATE DIAGNOSIS. OFTEN THE DIAGNOSIS COMES TOO LATE AND ANY HOPE OF REMISSION IS LOST. EVEN WITH REMISSION, THERE IS NO CURE. AND WHEREAS SUFFERERS COPE WITH UNBEARABLE PHYSICAL PAIN, INTENSE EMOTIONAL DISTRESS AND SEVERE MENTAL ANGUISH, WITH FEW OPTIONS FOR ONGOING SUPPORT. TREATMENT, FINANCIAL AID AND PAIN RELIEF. NOW I THEREFORE, JULIE SAYERS, THE MAYOR OF LENEXA, KANSAS, DO HEREBY PROCLAIM NOVEMBER 4TH, 2024 AS COLOR THE WORLD ORANGE DAY AND FURTHER DECLARE THE MONTH OF NOVEMBER 2024 AS AMPS CRP AWARENESS MONTH. ANYTHING YOU GUYS WOULD LIKE TO ADD TONIGHT? OKAY. AND CERTAINLY COME UP FOR A PICTURE. WE WOULD LIKE TO THANK JEN AND THE CITY OF LENEXA FOR PARTNERING WITH US AGAIN TO HELP US SPREAD AWARENESS FOR OUR SON'S PAIN SYNDROME. WE WERE THROWN INTO THIS WORLD OF RARE DISEASES IN 2013, AFTER JACE RECEIVED THREE BRAIN SURGERIES TO REMOVE A BRAIN TUMOR. WE THOUGHT THAT WAS THE SCARIEST, HARDEST TIME IN OUR LIVES, WATCHING OUR CHILD SUFFER AND FIGHT FOR HIS LIFE. BUT JUST A YEAR LATER, AT SEVEN YEARS OLD AND IN SECOND GRADE, JACE WAS DIAGNOSED WITH AMPS. IT TOOK ABOUT 15 DOCTORS AND TWO YEARS TO ACCURATELY GET THE DIAGNOSIS. AND WE GOT THE DIAGNOSIS FROM BOSTON CHILDREN'S HOSPITAL WHEN WE WERE OUT THERE PARTICIPATING IN A SEVEN WEEK LONG PAIN REHABILITATION PROGRAM. THERE IS NO CURE. THERE IS NO MEDICINES THAT HELP. AND SO THEY PROVIDE THESE PROGRAMS TO YOUNG KIDS TO HELP JUST TEACH THEM HOW TO LIVE IN PAIN, WHICH IS JUST MIND BOGGLING AND HARD TO WATCH. OUR MAIN GOAL FOR ACCEPTING THIS PROCLAMATION IS TO HELP SPREAD AWARENESS OF THIS RARE DIAGNOSIS, AND TO HELP THE KIDS WHO ARE [00:05:01] DIAGNOSED AFTER JACE, THAT THEY MIGHT HAVE AN EASIER ROAD TO FOLLOW. WE CHALLENGE EVERYONE TO WEAR ORANGE ON MONDAY, MAY, OR MONDAY, NOVEMBER 4TH IN HONOR OF JACE AND ALL THE OTHER KIDS AND ADULTS WHO SUFFER FROM AMPS AND CRPS. WE ALSO CHALLENGE EVERYONE TO DO ONE THING IN THE MONTH OF NOVEMBER TO HELP US TO SPREAD AWARENESS OF THIS HORRIBLE PAIN SYNDROME, AND WE THANK YOU GUYS FOR HELPING US TO FIGHT ONE MORE DAY. THANKS. OH, MY. OKAY, WE WON'T PUT IT ON THE INTERNET IF YOU DON'T WANT US TO. YOU CAN. THANK YOU. THANKS. THANK YOU. OKAY. TAKE TWO. CONSENT AGENDA. [CONSENT AGENDA] ANY ITEM ON THE CONSENT AGENDA MAY BE REMOVED FROM THE CONSENT AGENDA. FOR SEPARATE DISCUSSION BY A MEMBER OF THE GOVERNING BODY. CITY MANAGER BY A MEMBER OF THE PUBLIC. IN THE EVENT THAT THE ITEM IS REMOVED FROM THE CONSENT AGENDA, IT WILL BE PLACED ON THE REGULAR AGENDA. ANYONE WISH TO REMOVE AN ITEM FOR DISCUSSION? SEEING NONE, I'LL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA. SO MOVED. SECOND. MOTION BY CHELSEA. SECOND BY BILL. ALL IN FAVOR? AYE. CONSENT AGENDA IS APPROVED. ITEM NUMBER EIGHT IS AN ORDINANCE APPROVING A THREE YEAR SPECIAL PERMIT FOR DAY CARE. [8. Ordinance approving a three-year special use permit for a daycare, general use for The Learning Playhouse located at 8115 Acuff Lane in the R-1, Residential Single-Family District] GENERAL USE FOR THE LEARNING PLAYHOUSE, LOCATED AT 8115 ACUFF LANE IN THE R-1 RESIDENTIAL FAMILY ZONING DISTRICT. STEPHANIE. LET ME MY POWERPOINT FOR YOU. I'M STEPHANIE SULLIVAN WITH THE COMMUNITY DEVELOPMENT DEPARTMENT, AND I WILL GIVE YOU A SHORT PRESENTATION ON THE APPLICATION FOR A SPECIAL USE PERMIT FOR THE LEARNING PLAYHOUSE. AS MENTIONED, THIS IS LOCATED AT 8115 ACUFF LANE, AND THE APPLICANT IS SEEKING A SPECIAL USE PERMIT IN ORDER TO OPERATE A DAYCARE WITH UP TO 12 CHILDREN IN AN R-1 ZONING DISTRICT. AS YOU CAN SEE ON THIS SLIDE, THAT'S THE OUTLINE OF THE LENEXA BOUNDARY IN BLACK. AND THE RELATIVE LOCATION OF THIS PROJECT IS AT THE BLUE STAR. IT IS JUST SOUTH OF 79TH. IT'S ACTUALLY NORTH OF 83RD. AND THEN BETWEEN LACKMAN AND PFLUMM GENERALLY. HERE ARE A COUPLE OF AERIAL IMAGES THAT ARE A LITTLE BIT CLOSER ON THE PROPERTY, WHICH IS OUTLINED IN RED. ON THE LEFT OF THE SCREEN YOU CAN SEE THE ZONING MAP AND IT INDICATES R-1 SINGLE FAMILY RESIDENTIAL ZONING ALL AROUND IT. AND THEN ON THE PROPERTY ITSELF AND OUR COMPREHENSIVE PLANS. FUTURE LAND USE MAP INDICATES SUBURBAN DENSITY RESIDENTIAL AS THE INTENDED FUTURE LAND USE FOR THE AREA. THE PROPERTY IS CONSISTENT WITH BOTH THE CURRENT ZONING AND THE CURRENT COMPREHENSIVE PLAN. AS WITH ANY SPECIAL USE PERMIT, WE HAVE 13 CRITERIA THAT WE REVIEW, AND WE WILL DISCUSS A COUPLE OF THESE IN DEPTH THIS EVENING AS THEY RELATE TO THIS PARTICULAR APPLICATION. AS MENTIONED, THE APPLICATION IS FOR A DAYCARE GENERAL USE AND THIS IS FOR UP TO 12 CHILDREN. I DO WANT TO NOTE THAT BY CODE, WE DO ALLOW A DAYCARE FOR UP TO SIX CHILDREN AS A PERMITTED USE THAT DOES NOT REQUIRE ANY SPECIAL USE PERMIT, JUST REQUIRES A BUSINESS LICENSE AND THE APPROPRIATE STATE LICENSING FOR A DAY CARE, BECAUSE THEY WANT TO HAVE MORE THAN SIX CHILDREN. THEY ARE BEFORE US THIS EVENING SEEKING THAT SPECIAL USE PERMIT. THE DAYCARE WOULD INCLUDE TWO EMPLOYEES, ONE OF WHICH IS THE HOMEOWNER, AND PROPOSES TO OPERATE MONDAY THROUGH FRIDAY DURING GENERAL WORKING HOURS, WHICH WOULD BE 7 A.M. TO 4:30 P.M. AND THERE IS A PHOTO OF THE FRONT OF THE HOME. SO A COUPLE OF THOSE CRITERIA THAT I WANT TO ADDRESS THAT ARE SPECIFICALLY APPLICABLE TO SOME OF THE CONCERNS AND THE RELATED TOPICS FOR THIS APPLICATION ARE THE CHARACTER OF THE NEIGHBORHOOD AND TRAFFIC. SO FIRST I WANT TO SHOW YOU JUST THE CHARACTER OF THE NEIGHBORHOOD. HERE. AGAIN, THE APPLICANT'S PROPERTY IS RIGHT HERE OUTLINED IN RED. AND IT IS JUST OFF ACUFF LANE. AND 81ST STREET COMES JUST TO THE WEST HERE. AND IT IS CHARACTERIZED BY BEING A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. I DO AGAIN WANT TO NOTE THAT THERE CAN BE OTHER TYPES OF USES IN A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD THAT CAN BE ACCESSORY TO THAT USE, SUCH AS A SMALL DAYCARE OR EVEN A HOME BASED BUSINESS OR SOMEONE WORKING FROM HOME. SO THIS IS NOT NECESSARILY RARE. AND I KNOW YOU ALL HAVE SEEN SEVERAL SPECIAL USE PERMIT APPLICATIONS FOR DAYCARES, BOTH IN THE RECENT PAST AND OVER SEVERAL YEARS. [00:10:12] TRAFFIC IMPACT IS SOMETHING WE ALSO WANTED TO TALK ABOUT THIS EVENING. WE DID HAVE SOME INITIAL CONCERNS FROM SOME NEARBY RESIDENTS ABOUT BOTH THE CHARACTER OF THE NEIGHBORHOOD AND TRAFFIC IMPACT. STAFF BELIEVES THAT THE TRAFFIC WILL NOT HAVE A NEGATIVE IMPACT ON THE NEIGHBORHOOD. THERE WILL BE STAGGERED PICKUPS AND DROP OFFS FOR THIS USE, AND AGAIN, IT'S UP TO 12 CHILDREN, SOME OF WHICH I BELIEVE ARE THE APPLICANT'S CHILDREN, SO THEY DON'T REQUIRE TRANSPORTATION. THE APPLICANT CAN ELABORATE ON THAT IF THEY WOULD LIKE TO. AND THERE'S ALSO A TWO CAR GARAGE WITH A TWO CAR WIDTH DRIVEWAY, AND YOU CAN SEE HERE YOU COULD STACK PROBABLY AT LEAST FOUR CARS IN THAT DRIVEWAY IF NEED BE, SO THEY'RE OFF THE STREET. THERE IS ALSO ON STREET PARKING ALLOWED, AS YOU CAN SEE IN THIS PARTICULAR AERIAL IMAGE. SOMETHING THAT WAS DISCUSSED AT PLANNING COMMISSION AND IN OUR STAFF REPORT WAS HOA REGULATIONS. AND IT'S BEEN BROUGHT UP FROM ANOTHER RESIDENT WITHIN THE SUBDIVISION THAT THERE MAY BE REGULATIONS THAT PROHIBIT HAVING A BUSINESS WITHIN THE SUBDIVISION. AND THE PRIMARY USE MUST BE A SINGLE FAMILY RESIDENTIAL HOME. WE WANTED TO NOTE JUST THIS PROVISION OF THE CODE. THIS IS FROM SECTION 42A8. AND BASICALLY WHAT THIS SAYS AND IS SUMMARIZED IN THE HIGHLIGHTED PASSAGE HERE, IS THAT THOSE PRIVATE RESTRICTIONS, SUCH AS THOSE HOA GUIDELINES, SHALL NOT BE INTERPRETED, FOLLOWED OR ENFORCED BY THE CITY. AND WHAT THIS MEANS IS THAT THOSE DECISIONS MADE BY THE HOA RESTRICTIONS AND THOSE REGULATIONS WITHIN THERE ARE NOT SOMETHING THAT THE CITY ENFORCES OR CONSIDERS FOR A SPECIAL USE PERMIT. WE INSTEAD GO BY THOSE GOLDEN FACTORS, WHICH ARE THOSE 13 CRITERIA YOU SAW IN THE PREVIOUS SLIDE. SO STAFF'S RECOMMENDATION AND THE PLANNING COMMISSION'S RECOMMENDATION IS NOT BASED ON HOA REGULATIONS. AND THAT RECOMMENDATION FROM STAFF AND THE PLANNING COMMISSION IS FOR APPROVAL OF THE SPECIAL USE PERMIT FOR A PERIOD OF THREE YEARS. AND THAT CONCLUDES MY PRESENTATION ON THIS ITEM. QUESTIONS FOR STEPHANIE. DO WE HAVE THE APPLICANT? I'D LIKE TO SAY A FEW WORDS. HI. THANK YOU FOR THE OPPORTUNITY TO FOLLOW THROUGH WITH THE INITIAL APPLICATION OF MY SPECIAL USE PERMIT FOR AN IN-HOME DAYCARE. I APPRECIATE THE CITY PLANNING STAFF'S GUIDANCE THROUGH THIS PROCESS. MY NAME IS MEGAN TODD AND ALONG WITH JILLIAN FIFE, WE HAVE OBTAINED OUR STATE LICENSE FOR A GROUP IN-HOME DAYCARE, WHICH ALLOWS UP TO 12 CHILDREN. JILLIAN AND I BOTH HAVE DEGREES IN MANY YEARS OF WORK EXPERIENCE IN EARLY CHILDHOOD EDUCATION. OUR PREVIOUS EXPERIENCES HAVE LED US TO THIS VENTURE OF STARTING THE LEARNING PLAYHOUSE TOGETHER, A SMALL-SCALE CHILDCARE PROGRAM FOCUSED ON PROVIDING FAMILIES AND THEIR YOUNG CHILDREN WITH A POSITIVE, NURTURING, SAFE PLACE TO GROW AND LEARN. MY RESIDENCE, WHICH WE ONLY PLAN TO UTILIZE FOR A SHORT TERM, HAS BEEN APPROVED BY BOTH KDHE AS WELL AS THE CITY AND STATE FIRE MARSHALS. GRANTING THIS PERMIT WOULD ALLOW US TO SAVE MONEY AND ATTAIN OUR GOAL OF MOVING INTO A COMMERCIAL SETTING AND OPERATE AS A SMALL CHILD CARE CENTER RATHER THAN AN IN-HOME, ALTHOUGH DEPENDENT ON FACTORS OF LOCATION AND AFFORDABILITY. WE WOULD LIKE TO BE OPERATING IN A COMMERCIALLY ZONED LOCATION BY NEXT SCHOOL YEAR. I WOULD LIKE TO ACKNOWLEDGE THAT THERE HAS BEEN DISCREPANCIES FROM THE HOA BOARD ON WHETHER OR NOT I WAS ALLOWED TO OPERATE THIS BUSINESS. WHILE THAT CAN STILL BE A PENDING OBSTACLE, I WOULD STILL REQUEST THAT THE SPECIAL USE PERMIT BE APPROVED BY THE CITY AS IT IS IN LENEXA COMMUNITIES BENEFIT AND ANY REPERCUSSIONS FROM THE HOA OR NEIGHBORS WOULD BE MY RESPONSIBILITY TO RECTIFY AND NOT THE CITY'S. THIS SPECIAL USE PERMIT, GRANTED IN A TEMPORARY CAPACITY, WILL ALLOW ME TO EARN A RESPECTABLE LIVING FOR MY FAMILY WHILE PROVIDING A RELIABLE AND NECESSARY SERVICE TO A FEW OF OUR LENEXA FAMILIES. AGAIN, THANK YOU FOR YOUR TIME AND CONSIDERATION. QUESTIONS FOR THE APPLICANT. COURTNEY. HI. THANK YOU. HOW MANY OF THE KIDDOS ARE YOURS? I HAVE FOUR, BUT ONLY TWO COUNT BECAUSE THEY'RE NINE AND 11, SO MY TEENAGERS DON'T COUNT. GOT IT. AND DO YOU ANTICIPATE WHAT KIND OF AGE RANGE ARE YOU DOING? INFANT TO PRE PRE-K. SO THE OLDEST THAT WE WOULD HAVE IS FIVE. AND WITH STATE REGULATIONS, TWO OF THOSE 12 WOULD HAVE TO BE FIVE AND OVER WHICH MY TWO YOUNGER TAKEN THAT. THAT'S THEIR SPOT. SO TEN IS MAX. WE HAVE SEVERAL FAMILIES INTERESTED THAT WOULD LIKE TO DO PART TIME BECAUSE THAT'S A HARD THING TO FIND. SO WE WOULD HAVE MORE DIFFERENT FAMILIES COMING THAN JUST TEN, BUT MAX WOULD BE TEN A DAY AND SEVERAL OF THOSE WOULD BE SIBLINGS. [00:15:07] SO YOUR DROP OFFS ARE ALREADY DIMINISHED BY THAT. EARLIEST WOULD BE 7 A.M. AND THEN WE HAVE SOME THAT WOULDN'T COME UNTIL NINE. AND THEN WE HAVE PICKUPS ANYWHERE FROM LIKE 230 TO 430. SO REALLY THERE ISN'T MUCH OF A CROSSOVER. THE BUSIEST PART OF THE DAY IS GOING TO BE 8 TO 8:30 AND THEN 4 TO 4:30, LIKE, BUT IT'S AGAIN, LIKE RIGHT NOW MY CAR IS NOT IN THE DRIVEWAY AND WE ARE GETTING A NEW ROOF. SO LIKE THERE'S SOME ISSUES WITH THE DRIVEWAY, BUT PEOPLE STILL PULL IN AND PARK THERE. IT'S REALLY NOT AN ISSUE. OKAY. THANK YOU BILL. YEAH. THANK YOU. REMIND ME HOW LONG YOU'VE BEEN OPERATING YOUR SERVICE. SO WE JUST. I JUST STARTED AS A, LIKE FOR THE SINGLE USE OR THE SINGLE? THE SIX AND UNDER. YES. I JUST STARTED THIS SCHOOL YEAR. OH. JUST RECENTLY. YEAH. JUST RECENTLY. YEAH. OKAY. AND I ACTUALLY APPLIED FOR THE SPECIAL USE PERMIT BEFORE I STARTED THAT, BECAUSE I DIDN'T REALIZE HOW EXTENSIVE OF A PROCESS IT WAS. I WASN'T FORESEEING IT TO BE AN ISSUE. SO STARTED AT A SMALLER SCALE. AND THEN WE HAVE, LIKE I SAID, FAMILIES THAT ARE INTERESTED THAT WE'RE WILLING TO WORK WITH US ON, LIKE THE PART TIME CARE SO THAT WE COULD ONLY TAKE SIX AT A TIME UNTIL WE GET TO THE FULL CAPACITY. AND SCOTT, WE DON'T KNOW OF ANY PROBLEMS SINCE SEPTEMBER WITH. IS THAT WHEN YOU STARTED SCHOOL YEAR? SEPTEMBER? YEAH. NO. TWO MONTHS. WE'VE NOT RECEIVED ANY COMPLAINTS. YEAH. OKAY. I THOUGHT I FOR SOME REASON, I THOUGHT YOU'D BEEN AT IT FOR QUITE A WHILE. NO. NO. OKAY. THANK YOU. YEAH. ANY OTHER QUESTIONS? OKAY. THANK YOU. ALL RIGHT. THANK YOU. AND IS IT MR. CHERNOFF? YES. DID I PRONOUNCE THAT CORRECTLY? YES. OKAY. I'M STEVE CHERNOFF. I LIVE AT 1905 WEST 82ND TERRACE. MAYOR SAYERS, MEMBERS OF THE CITY COUNCIL. THANK YOU FOR ALLOWING ME A COUPLE OF MINUTES HERE. I'M PRESIDENT OF THE OAK HILL HOA BOARD OF DIRECTORS. I WANTED TO PROVIDE YOU WITH A LITTLE ADDITIONAL INFORMATION CONCERNING THIS REQUEST FOR THE SUPPLEMENTAL USE PERMIT. THIS PERMIT WOULD HAVE THE CITY OF LENEXA GIVING PERMISSION FOR A BUSINESS TO BE LOCATED IN AN R-1 ZONED AREA. IN ADDITION, THE LOCATIONS IN THE OAK HILL SUBDIVISION WHERE THE HOA HAS A RESTRICTION ON BUSINESSES. THE CITY ATTORNEY'S OFFICE PROVIDED DIRECTION TO THE PLANNING COMMISSION TO DISREGARD DEED RESTRICTIONS WHEN MAKING A DECISION TO RECOMMEND THIS OR NOT RECOMMEND THE SUP. AND AS YOU SAW ON THE SLIDE EARLIER, THERE WAS DISCUSSION OF THAT. THE OPINION THAT THIS WOULD BE A CIVIL MATTER THEN BETWEEN THE APPLICANT AND THE HOA. OUR CONTENTION IS THAT'S TRUE AFTER AN SUP IS APPROVED, BUT PRIOR TO IT BEING APPROVED, THE CITY OF LENEXA IS AWARE OF THE DEED RESTRICTIONS IN ADVANCE AND YOU ARE MAKING AN EXCEPTION TO A PREEXISTING R-1 ZONE AREA. MY QUESTION IS EXACTLY WHAT IS AN R-1 ZONED AREA. IF THE ONLY REASON THAT SOMEONE NEEDS TO MAKE AN EXCEPTION IS THAT THE BUILDING IS ADEQUATE FOR THAT BUSINESS, AS IN THIS SITUATION. I'VE BEEN IN CONTACT WITH OVER 50 HOA'S IN LENEXA THAT I FOUND LISTED ON THE LENEXA WEBSITE, AND THEY REPRESENT ALMOST 10,000 HOMES IN LENEXA. I'M HERE TONIGHT TO LET YOU KNOW THAT I HAVE UNANIMOUS SUPPORT FROM ALL THE HOA'S THAT HAVE RESPONDED TO ME, WHICH IS ABOUT A THIRD OF THEM IN THE THREE DAYS THAT I SENT MY EMAIL TO THEM, AND THEY ARE A LITTLE UPSET THAT LENEXA WOULD PROCEED WITH FORESIGHT AND DISREGARD REASONABLE AND LEGALLY VALID DEED RESTRICTIONS. THEY DON'T UNDERSTAND HOW THE CITY OF LENEXA, WHICH HAS BENEFITED GREATLY BY THE EXISTENCE OF THESE HOA'S, WOULD DISREGARD THEIR RESTRICTIONS. LASTLY, THE APPLICANT IS UNDER THE IMPRESSION THAT APPROVAL TONIGHT GIVES HER THE FINAL OKAY TO HAVE THE BUSINESS, AND IF THAT TRUMPS THE HOA DEED RESTRICTIONS, WHY WOULD THE CITY OF LENEXA ALLOW THIS TO PROCEED, KNOWING THAT THE DEED RESTRICTION IN THIS CASE IS ENFORCEABLE AND REQUIRE THE OAK HILL HOA TO EXPEND CONSIDERABLE AMOUNT OF MONEY IN LEGAL PROCEEDINGS? THANK YOU FOR YOUR TIME. SO, SEAN, CAN YOU HELP US JUST AGAIN INTERPRETING THAT HIGHLIGHTED PART OF STEPHANIE'S SLIDE? [00:20:01] IT'S NOT THAT WE ARE. YEAH, ABSOLUTELY. SO THESE ARE PRIVATE RESTRICTIONS. WE HAVE THE CODE HERE, AS YOU CAN SEE. WE DO NOT INTERPRET, FOLLOW AND ENFORCE THOSE. WE ARE NOT A PARTY TO THOSE PRIVATE RESTRICTIONS. SO BY LAW WITH THE CODE, WE DON'T ENFORCE THEM. THE CITY HAS A ROLE IN THIS. YOUR ROLE TONIGHT IS SIMPLY IN LOOKING AT THE ZONING AND LOOKING AT WHAT IS ALLOWED WITH THIS SUP AND GOING TO THE GOLDEN CRITERIA. ULTIMATELY THIS COMES DOWN TO IS I DON'T I DON'T LOOK AT THOSE PRIVATE RESTRICTIONS, NOR DOES STAFF. WE DON'T KNOW WHAT THEY SAY AND WE DON'T INTERPRET THEM, AND WE DON'T CHOOSE SIDES AS TO WHAT THEY MAY OR MAY NOT SAY. AND SO TONIGHT, LIKE ANY OTHER SUP, YOU GUYS WILL LOOK AT THE GOLDEN CRITERIA AND DECIDE IF THIS WOULD BE ALLOWED AS A ZONING, LAND USE AND R-1, JUST LIKE IT'S ALLOWED IN SEVERAL OTHER R-1 ZONING USES. WE HAVE HAD THIS ISSUE BEFORE, AND WE HAVE FOLLOWED THIS SAME MATTER FOR SIMILAR DAYCARES IN OTHER HOA SUBDIVISIONS. AND SO AT THE END OF THE DAY, YOU GUYS ARE JUST TREATING THIS LIKE THAT. THE PRIVATE RESTRICTIONS IT WILL BE, IF THEY CHOOSE TO TAKE IT UP, A MATTER BETWEEN THE HOMEOWNER AND THE HOA. SO IF I COULD SAY THAT IN A DIFFERENT WAY DEED RESTRICTIONS COULD CREATE A SITUATION WHERE YOU WOULD HAVE A PATCHWORK OF THINGS THAT ARE ALLOWED AND NOT ALLOWED IN DIFFERENT NEIGHBORHOODS, AND IT'S NOT THE CITY'S RESPONSIBILITY TO DETERMINE THOSE. WE'RE GOING TO APPLY THE CODE EVENLY AS IT'S READ. THANK YOU. AND SCOTT, WHAT TYPES OF APPLICATIONS ARE ALLOWED WITH A SPECIAL USE PERMIT IN RESIDENTIAL ZONING? OH, STEPHANIE. SOUNDS LIKE SHE HAS A QUICK ANSWER FOR YOU, MAYOR. THANK YOU. I ANTICIPATED THAT EXACT QUESTION. SO JUST TO LET YOU KNOW, A COUPLE OF THE PERMITTED USES IN R-1 IS OBVIOUSLY SINGLE FAMILY RESIDENTIAL. WE ALSO ALLOW CHURCHES OR PLACES OF WORSHIP. WE ALLOW THE DAYCARE LIMITED, WHICH AGAIN IS THAT SIX CHILDREN OR LESS LEVEL OF DAYCARE. GROUP HOMES, PUBLIC PARKS, GOLF COURSES SPECIAL USES. SO OTHER THINGS THAT COULD COME BEFORE YOU IN AN R-1 DISTRICT FOR A SPECIAL USE PERMIT INCLUDE A CEMETERY, A DAYCARE, GENERAL, WHICH WE HAVE TONIGHT. LARGE WIRELESS LIKE CELLULAR TYPE SYSTEMS. SCHOOLS. SO ELEMENTARY OR MIDDLE OR HIGH SCHOOLS, UTILITIES. PUBLIC SAFETY AND COMMERCIAL USES OF RESIDENTIAL PROPERTY AS A PRINCIPAL USE. SO THOSE ARE THERE'S A VARIETY OF THINGS JUST BEYOND THAT SINGLE FAMILY RESIDENTIAL. AND I DO WANT TO POINT OUT TOO, IN THIS CASE, THE PRIMARY USE IS STILL RESIDENTIAL. IN THIS CASE, THE HOMEOWNER, THE APPLICANT TONIGHT IS STILL LIVING IN THAT HOUSE. THAT'S THEIR PRIMARY USE OF THE HOUSE. IT'S JUST THIS WOULD BE SUPPLEMENTARY BASICALLY TO THAT BY THIS REQUEST FOR THE SPECIAL USE PERMIT FOR THE DAYCARE. MAYOR, I MIGHT ADD THAT HOME OCCUPATIONS ARE AN ALLOWED USE THROUGHOUT THE R-1 DISTRICTS IN LENEXA AS WELL. AND THOSE COULD BE A VARIETY OF DIFFERENT THINGS IN TERMS OF A COMMERCIAL BUSINESS TYPE USE. OKAY. ANY OTHER QUESTIONS? OKAY? YES, MA'AM. I HAVE A QUESTION. HE SAID THERE'S BEEN NO COMPLAINTS ABOUT THE TRAFFIC, BUT WE NEED YOU TO COME UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. SORRY. MY NAME IS JOANNE WAGLER, 14929 WEST 82ND TERRACE. HE HAD MENTIONED THAT WE THERE'S BEEN NO COMPLAINTS TO THE CITY ABOUT TRAFFIC IN THE AREA, BUT WE HAVE HAD PEOPLE CONTACTING US AS THE HOME ASSOCIATION COMPLAINING ABOUT TRAFFIC IN THE MORNING BECAUSE HER HOUSE, EVEN THOUGH IT IS ON A CURVE AND ON A HILL, HER DRIVEWAY IS ON A HUGE INCLINE, WHICH IS A LOT OF PEOPLE DON'T PULL INTO THAT DRIVEWAY. WE WERE BY THERE TODAY AND THERE WERE PEOPLE IN THE STREET WALKING UP THE DRIVEWAY, SO AND HER CAR WAS PARKED IN THE DRIVEWAY. SO EVEN THOUGH SHE SAID IT WASN'T AND HER GARAGE IS FULL OF STUFF, SO THEY DO NOT PARK THEIR CARS IN THE DRIVEWAY. SO PEOPLE HAVE TO PARK IN THE STREET AND YOU ADD SIX MORE CARS TO THAT NEIGHBORHOOD DURING THE SCHOOL HOURS WHERE KIDS, PEOPLE ARE BRINGING THEIR KIDS TO AND FROM SCHOOL, IT IS A HAZARD AND A SAFETY HAZARD. SO I JUST THAT'S A BIG CONCERN. AND IF WE NEED TO HAVE THE NEIGHBORS START CALLING THE CITY ABOUT IT, WE'LL DO THAT IF THAT WILL HELP WITH OUR CASE, BECAUSE IT IS A HAZARD TO WITH A SMALL, NARROW STREET TO HAVE THAT MANY CARS COMING AND GOING, SHE SAYS, ARE STAGGERED, BUT THEY'RE NOT THAT STAGGERED. OKAY, SO THANK YOU. BILL. SCOTT IS ONE OF THE TWO BIG STREETS THAT CRISSED [00:25:04] CROSSED THAT SECTION OF LAND, THAT SECTION OF HOUSES THEY CUT OFF OF MAIN STREET THROUGH THERE, KIND OF A THROUGH STREET FOR THE AREA. UNLESS MISTER GREEN KIND OF KNOWS OFF THE CUFF OR IF YOU'VE GOT THE GIS PULLED UP. STEPHANIE, WE CAN LOOK. YEAH, I CAN ANSWER THAT. SO ACUFF DOES GO FROM 83RD TO 79TH. SO IT WOULD BE ONE OF THE OPTIONS THAT YOU HAVE TO CUT THROUGH. OAK HILL GOES STRAIGHT THROUGH. CORRECT. WELL IT WINDS A LITTLE BIT, BUT I THOUGHT ROSE HILL DID. YES WE HAVE. LET'S SEE. WHAT STREET IS THAT THERE? SORRY. ACUFF, FARTHER, FARTHER WEST. YEAH. WE HAVE MULLEN ROAD TO THE EAST THAT GOES THROUGH AS WELL. AND THOSE ARE THE MOST DIRECT CONNECTIONS WITHOUT HAVING TO KIND OF LOOP ONTO OTHER STREETS. ACUFF, ROSE HILL, AND MULLEN. I DON'T SEE ROSE HILL ON AT LEAST THE SIDE OF THE NEIGHBORHOOD HERE. SO I WOULD SAY JUST ACUFF AND MULLEN APPEAR TO BE THE MOST DIRECT CONNECTIONS TO GO FROM 83RD THROUGH TO 79TH STREET. 79TH, YEAH, GOOD, THANK YOU. OTHER QUESTIONS. ANY OTHER DISCUSSION? YES, BILL. YEAH. WE, I, I LEARNED A LOT ABOUT SUPS RECENTLY. AND I WOULD SUSPECT A LOT OF US DID. SOME OF US VOTED FOR THAT LAST ONE. SOME OF US VOTED AGAINST THAT LAST ONE. AND I, I THINK IN RELATION TO GOLDEN THAT THIS DOES CHANGE THE CHARACTER OF THE NEIGHBORHOOD. THE, THIS INCREASED DAYCARE. AND SO I DON'T PLAN TO SUPPORT THIS. OKAY. WE'RE. LOOKING AT THIS, I WAS LOOKING AT GOLDEN. AND YOU KNOW, WE HAVE SOME OF THESE THAT HAVE COME UP BEFORE. AND IF THE PROPERTY OWNER WANTED TO HAVE SIX KIDS ONLY IN HER HOUSE, THIS WOULD NOT EVEN BE BEFORE US. SO I THINK IT'S A LITTLE UNFAIR TO SAY THAT WE ARE RESPONSIBLE FOR SHUTTING THIS DOWN FOR THE SAKE OF THE CIVIL LITIGATION THAT COULD ENSUE AHEAD OF AHEAD OF TIME, BECAUSE IF SHE CHOSE NOT TO HAVE MORE THAN SIX KIDS, IT WOULDN'T HAVE BEEN IN FRONT OF US AT ALL. I ALSO KNOW THAT DAYCARE IS REALLY HARD TO FIND AND IS MUCH NEEDED. AND GIVEN THAT THE OWNERS HAVE STIPULATED THAT THIS IS TEMPORARY OR HOPEFULLY TEMPORARY THAT THIS COULD BE MITIGATED A LITTLE DIFFERENTLY. I DO NOT BELIEVE THAT IT IS OUR RESPONSIBILITY TO NAVIGATE THE HOA RECOMMENDATIONS. AND SO I WILL BE SUPPORTING THIS. THANK YOU. ANYBODY ELSE? CHELSEA? ACTUALLY, COURTNEY SAID A LOT OF WHAT I WAS GOING TO SAY. I DO KNOW THAT THERE IS AN INCREASING NEED FOR CHILDCARE. AND AS COURTNEY MENTIONED, HAD THE APPLICANT STAYED AT SIX AND UNDER THIS WOULD NOT BE BEFORE US. AND I THINK THE CITY AND RECOMMENDING APPROVAL OF THIS APPLICATION WITH A LIMITED THREE YEAR LIMIT ON IT, I THINK ALLOWS CITY STAFF TO MONITOR IT. AND YOU KNOW, THE APPLICANT WAS VERY CLEAR THAT THIS IS A TEMPORARY LOCATION AND THEY INTEND AND ARE CURRENTLY LOOKING FOR COMMERCIAL SPACE TO MOVE THE LOCATION. YOU KNOW, WHEN LOOKING AT GOLDEN, I DON'T HAVE I DON'T SEE A CONFLICT WITH THE ZONING OR THE COMPREHENSIVE PLAN. I THINK IF THE APPLICANT INSTITUTES HER INTENT TO UTILIZE THE DRIVEWAY, MAXIMIZE THE USE OF THAT DRIVEWAY, CLEANING OUT THE GARAGE, MAKING SURE THAT THE TRAFFIC STAYS OFF THAT CURVE AS MUCH AS POSSIBLE. [00:30:05] I DON'T THINK THAT THERE WILL BE THAT MUCH MORE OF AN IMPACT ON THAT STREET ADDING FOUR MORE CHILDREN, PARTICULARLY WHEN I THINK SHE INDICATED SOME OF THEM WERE SIBLINGS. SO WE'RE NOT LOOKING AT NECESSARILY A LARGE INCREASE IN TRAFFIC. AND AS COURTNEY MENTIONED, I, I DON'T THINK IT'S OUR RESPONSIBILITY TO GET INVOLVED IN ANY KIND OF POTENTIAL CIVIL LITIGATION THAT COULD OR COULD NOT ENSUE AFTER THIS OR INTERFERE WITH AN INDIVIDUAL'S OPPORTUNITY TO SUPPLEMENT INCOME TO SUPPORT HER OWN FAMILY. SO I WILL BE APPROVING THE APPLICATION. THANK YOU. ANYBODY ELSE? CHRIS. THERE WE GO. I'LL SUPPORT THE APPLICATION ONE RECOMMENDATION OF THE CITY STAFF WHO ARE KNOWLEDGEABLE OF THE CITY TRAFFIC PATTERNS, INFRASTRUCTURE, CAPACITY. IT IS AN ALLOWABLE USE OF THE PROPERTY. AND THIRDLY, WE DON'T PICK SIDES, SO I WILL BE VOTING AFFIRMATIVELY. THANK YOU. ANYBODY ELSE? CRAIG. I STUDIED THE STAFF REPORT. I STUDIED THE MINUTES OF THE PLANNING COMMISSION, AND I AM IN AGREEMENT WITH THEIR FINDINGS. AND I WILL THEREFORE SUPPORT THE SUP. MELANIE. YES. I AM ALSO IN AGREEMENT WITH THE CITY'S RECOMMENDATION FOR APPROVAL, AND I WILL BE VOTING IN APPROVAL OF THIS APPLICATION TONIGHT. MARK. THIS ONE REALLY IS. I'M TORN ON THIS ONE DUE TO THE FACT THAT GROWING UP, MY MOTHER WAS A DAYCARE PROVIDER AND HAD THAT LIMIT OF SIX, AND IT CHANGED A LOT OF THOSE KIDS LIVES. AND SO I'M REALLY TORN ON THIS ONE TO THE FACT THAT I DROVE BY IT TONIGHT, AND I UNDERSTAND THE SAFETY FACTOR THAT THE NEIGHBORHOOD BROUGHT UP. AND I NOTICED THAT RIGHT AWAY WHEN I DROVE BY THE INCLINE OF THE DRIVEWAY. I DON'T THINK IF I WAS DROPPING OFF MY KIDS, I'D PROBABLY BE DRIVING UP THE DRIVEWAY. SO I REALLY, I REALLY AM, AM TORN. IT'S JUST AT AN APEX OF A CURVE IN THAT STREET. AND I'M. I'M PROBABLY MORE CONCERNED ABOUT THE SAFETY FACTOR FOR THE CHILDREN SPILLING OUT OF THAT DRIVEWAY IF THEY'RE RUNNING DOWN THE DRIVEWAY TO GET INTO THE ROAD. AND I THINK THAT OUTWEIGHS MY DESIRE TO SEE THIS SUCCEED. I'D LOVE TO SEE THIS SUCCEED. AND SO IT'S REALLY MORE OF A SAFETY FACTOR AND AFFECTING THE CHARACTER OF THE NEIGHBORHOOD ON THE ON THAT, ON THE APEX OF THAT STREET. SO I'M GOING TO UNFORTUNATELY DENY THIS TONIGHT. THANK YOU. I WILL CLOSE BY SAYING, JUST TO ADDRESS YOUR CONCERN ABOUT THE PURPOSE OF R-1 ZONING DISTRICTS, SO I HAVE TO UNDERSTAND THE IMPACT OF US THEN STARTING TO DENY SCHOOLS AND CHURCHES AND, YOU KNOW, ALL OF THOSE OTHER USES THAT STEPHANIE MENTIONED THAT WOULD BE AGAINST SORT OF THE FABRIC OF OUR COMMUNITY, I THINK. SO WE CAN'T DISCERN BETWEEN WHAT'S ALLOWABLE BY CODE AND WHAT THE HOA'S COVENANTS ALLOW. SO WITH THAT, I'LL ENTERTAIN A MOTION TO PASS THE ORDINANCE APPROVING THE THREE YEAR SPECIAL PERMIT FOR THE LEARNING PLAYHOUSE. SO MOVED. SECOND MOTION BY CRAIG. SECOND BY COURTNEY. ALL IN FAVOR? AYE. THOSE OPPOSED? NO, NO. MOTION PASSES. ITEM NINE IS AN ORDINANCE APPROVING A THREE YEAR SPECIAL PERMIT FOR A PERSONAL INSTRUCTION. [9. Ordinance approving a three-year special use permit for a personal instruction, general use for The Piotrowski Indoor Facility located at 13720 & 13722 W. 108th Street in the BP-2, Planned Manufacturing District] GENERAL USE FOR THE PIOTROWSKI INDOOR FACILITY, LOCATED AT ONE, THREE, 720 AND 13722 WEST 108TH STREET IN THE BP2 PLAN MANUFACTURING DISTRICT. STEPHANIE. THANK YOU AGAIN. MAYOR AND COUNCIL STEPHANIE SULLIVAN WITH COMMUNITY DEVELOPMENT. AS MENTIONED, THIS IS ANOTHER SPECIAL USE PERMIT APPLICATION REQUEST FOR THE PETROVSKY INDOOR FACILITY. AND THIS IS SORT OF A SPORTS TYPE USE. AND THE ADDRESS AGAIN IS 13722 WEST 108TH STREET. YOU CAN SEE ON THE LOCATION MAP HERE. THIS LAND IS LOCATED JUST TO THE SOUTH OF WHERE I-35 AND 435 INTERSECT JUST OFF 108TH STREET [00:35:01] AND WEST OF PFLUMM. HERE'S A CLOSER VERSION OF A LOCATION MAP WITH THE PROPERTY OUTLINED IN RED AND THE TENANT SPACE OUTLINED IN YELLOW. SO IT DOES TAKE UP TWO OF THE INDIVIDUAL TENANT PARCELS WITHIN THE BUILDING. ON THIS SCREEN YOU CAN SEE BOTH THE ZONING MAP AND THE FUTURE LAND USE MAP. LOTS OF PURPLE ON HERE AND YOU CAN SEE THE PROPERTY IS ZONED BP2 WHICH IS A BUSINESS PARK. INDUSTRIAL TYPE ZONING. IT'S WITHIN THE CHARACTER OF THE AREA. IT IS AN INDUSTRIAL TYPE AREA AND THE COMPREHENSIVE PLANS FUTURE LAND USE MAP INDICATES BUSINESS PARK TYPE USES. SO THE ZONING AND THE COMPREHENSIVE PLAN ARE CONSISTENT WITH THE GENERAL USE OF THIS VICINITY. AND WE DO ALLOW THESE TYPES OF RECREATIONAL SPORTS RELATED USES, EITHER IN LIMITED DEGREE OR WITH A SPECIAL USE PERMIT, DEPENDING ON THE SIZE. IN THIS CASE, IT WAS TRIGGERED TO NEED A SPECIAL USE PERMIT BECAUSE OF THE SIZE OF THE FACILITY RELATIVE TO THE WHOLE BUILDING. YOU MAY BE AWARE FROM OUR STAFF REPORT IN THE MINUTES THAT THIS IS A 2640 SQUARE FOOT FACILITY, AND A SPECIAL USE PERMIT IS REQUIRED BECAUSE IT CONTAINS MORE THAN 20% OF THE ENTIRE FACILITY. I BELIEVE IT'S JUST BETWEEN 30 AND 40%, IF I'M NOT MISTAKEN. ON THE RIGHT SIDE OF THE SCREEN HERE, YOU CAN SEE THE GENERAL LAYOUT FOR THE FLOOR PLAN. IT INCLUDES A WEIGHT ROOM. AND LET ME MOVE THE CURSOR ON HERE A WEIGHT ROOM HERE, AN INDOOR SOCCER AREA REQUIRED RESTROOMS IN THIS PARTICULAR AREA IN THE MIDDLE, AND THEN SOME JUST GENERAL TILE FLOOR AREA HERE, AND A PHYSICAL CONDITIONING AND TRAINING ROOM HERE WITH THE VESTIBULE TO THE EXTERIOR ENTRANCE ON THE SOUTH SIDE OF THE BUILDING HERE. AS WITH ANY SPECIAL USE PERMIT, WE DO REVIEW THESE 13 CRITERIA, KNOWN AS THE GOLDEN CRITERIA. AND I'LL TALK ABOUT A COUPLE OF THESE THAT RELATE TO THIS APPLICATION FOR TRAFFIC AND PARKING ANALYSIS. WE WANTED TO POINT OUT THE PARKING FOR THE SITE. THE REQUIRED PARKING IS 17 SPACES. THE PROPOSED PARKING IS OVER 47 SPACES. AND YOU CAN SEE HERE THESE 20 SPACES THAT ARE LOCATED CLOSEST TO THE FACILITY HAVE BEEN ESSENTIALLY DEDICATED FOR THIS USER. I DO WANT TO POINT OUT THAT THE HOURS OF OPERATION ARE GOING TO BE GENERALLY ALTERNATE FROM SCHOOL HOURS, AND THEN SOME WEEKEND TIME AS WELL. I BELIEVE THE APPLICANT'S INTENT IS FOR THEIR CHILDREN AND THEIR CHILDREN'S FRIENDS TO BE ABLE TO COME AND TRAIN FOR SPORTS, AND THIS IS A PRIVATE TYPE USE. IT'S NOT A BUSINESS AT THIS POINT. AND AGAIN, THE APPLICANT CAN TALK A LITTLE BIT MORE ABOUT EXACTLY HOW THAT WILL WORK AND WHO WILL BE COMING HERE. STAFF AND THE PLANNING COMMISSION DO RECOMMEND APPROVAL OF THE SPECIAL USE PERMIT FOR THE PERSONAL INSTRUCTION GENERAL USE FOR A PERIOD OF THREE YEARS. THAT'S CONSISTENT WITH OUR TYPICAL RECOMMENDATION FOR THIS TYPE OF USE IN THE ZONING DISTRICT. THAT CONCLUDES MY PRESENTATION. THANK YOU. QUESTIONS FOR STEPHANIE. DO WE HAVE THE APPLICANT ON THIS ONE? HI. HOW BADLY DID I BUTCHER YOUR NAME? YEAH. OKAY. I'VE HEARD WORSE. OKAY. HI. FIRST, I'D LIKE TO THANK THE COUNCIL FOR ALLOWING THE CONSIDERATION OF THE SPECIAL PERMIT. AND EVERYBODY AT THE PLANNING DEPARTMENT, THEY'VE BEEN AWESOME TO WORK WITH, SO I APPRECIATE THAT. WITH THAT SAID, MY NAME IS ANDREW PETROWSKI, AND MY WIFE AND I, WHO'S NOT PRESENT, WERE LOOKING AT OPENING AN INDOOR TRAINING SPORTS CONDITION FACILITY IN MEMORY OF OUR DAUGHTER WHO PASSED AWAY SO THREE YEARS AGO. OUR DAUGHTER PASSED AWAY OF AN ACCIDENTAL FENTANYL OVERDOSE, AND SHE WAS AT SHAWNEE MISSION EAST STUDENT. AND WE CHALLENGED WE WERE CHALLENGED EVERY DAY TRYING TO FIGURE OUT HOW WE CAN DO SOMETHING TO KEEP HER MEMORY ALIVE AND MAYBE HELP SOME OF THE COMMUNITY AND OUR SON AND SHE WAS A TRACK STAR, AND SHE WAS A CROSS COUNTRY STAR AT SHAWNEE MISSION EAST. OLIVIA PETROWSKI, EASY TO LOOK HER UP. WE FOUGHT ON THE NEWS, YOU KNOW, TO GET JUSTICE FOR HER. THE GUY GOT TEN YEARS THAT SOLD HER TO DRUGS. SO AFTER THAT WE REALLY STARTED DECIDING WE WANTED TO DO SOMETHING FOR OUR SON, TO KEEP HIM STRAIGHT AND TO HELP OUT, YOU KNOW, OTHER KIDS THAT MAYBE WANT A PLACE TO GO. SOMEWHERE SAFE WITH GOOD COACHES. [00:40:01] FROM HIS CLUB HOCKEY TEAM. CLUB LACROSSE TEAM. WE'RE PARISHIONERS OF HOLY TRINITY, AND THERE'S A LOT OF. I'VE BEEN A COACH WITH HOLY TRINITY, BASKETBALL, BASEBALL, YOU NAME IT. AND THERE'S A THERE'S A SHORTAGE FOR OUR KIDS TO BE ABLE TO TRAIN SAFELY. YOU CAN'T GO IN A LIFETIME IN LENEXA AS A KID AND TRAIN WITH PARENTS. REALLY? AS EASY AS YOU'D LIKE. SO MY WIFE AND I DECIDED WE WERE GOING TO GO DOWN THIS ROAD AND HAVE THIS PLACE IN MEMORY OF OLIVIA. SO IT WOULD BE A SAFE PLACE FOR KIDS TO, YOU KNOW, TRAIN AND GET SOME MENTORSHIP THROUGH SPORTS. I'M A FORMER COLLEGE ATHLETE. MY WIFE IS, TOO. SO IT JUST KIND OF DREW OURSELVES OUR INTEREST INTO THE SPORTS FACILITY. IT IS GOING TO BE PRIVATE. I'M A GENERAL CONTRACTOR. MY WIFE'S A MEDICAL. WE CAN. WE'RE FINANCING THIS PRIVATELY. IT'S GOING TO BE IT'S GOING TO BE PRETTY MUCH OPEN TO OUR, YOU KNOW, OUR CLUB TEAMS. HE PLAYS FOR THE KANSAS CITY STARS AND SHAWNEE AND MILL VALLEY JAGUARS LACROSSE AND THEN SOME OTHER TEAMS. SOME GIRLS SOFTBALL TEAMS, BECAUSE I DO WANT SOME GIRLS TO BE ABLE TO GET ADVANTAGE OF THIS OTHER THAN JUST MY SON. SINCE THIS IS FOR MY DAUGHTER. SO THERE ARE SOME SOFTBALL CLUBS THAT ARE WANTING TO USE IT ALSO. THE THERE'S ALREADY A HANDFUL OF OTHER SPORTS CONDITIONING FACILITIES ON THAT STREET ALREADY. WE PLAN ON OPERATING IT AFTER SCHOOL. HAVING CLINICS IN THE SUMMER WHEN THE KIDS ARE OUT WHERE THE PARENTS CAN, YOU KNOW, GO TO CLINICS AND WORK OUT WITH THEIR, YOU KNOW, FATHER DAUGHTER, MOTHER, SON, HOWEVER, WE DECIDE TO DO THAT, BUT WE WANTED TO HAVE SOME CLINICS TO KIND OF HAVE THE COMMUNICATION WITH THE KIDS, WITH SPORTS AND, AND HAVE THE ABILITY FOR THE PARENTS TO KIND OF BOND A LITTLE BIT MORE. WE'RE LOOKING AT KEEPING IT, YOU KNOW, AT THE YOUTH AGE. THERE WILL ALWAYS BE SOMEBODY PRESENT. WE ARE GOING TO BE SAFE, SPORT. SO I HAVE LOOKED INTO THAT. LUCKILY, I HAVE A LOT OF DIRECTOR, YOU KNOW, HOCKEY DIRECTORS AND PEOPLE RUNNING PROGRAMS THAT KIND OF ARE DIRECTING ME. SO ALL THE, ALL THE COACHES WILL BE SAFE. HAVE A SAFE SPORT CERTIFICATE. SO AT LEAST WE KNOW THAT, YOU KNOW, THEY'RE PUTTING THE TIME IN TO, YOU KNOW, BE UP TO DATE AND ALL THAT. AND THEN FOR ONES THAT ARE HOLY TRINITY, WE HAVE TO DO A VIRTUE VIRTUOUS. AND IT'S KIND OF THE SAME THING. IT'S JUST NOT THROUGH SAFE SPORT. AND THAT'S REALLY ABOUT IT, HONESTLY. YEAH. QUESTIONS FOR MR. PETROVSKY. OKAY. THANK YOU VERY MUCH. ANY DISCUSSION? OKAY. ENTERTAIN A MOTION TO PASS THE ORDINANCE APPROVING THE THREE YEAR SPECIAL PERMIT FOR PERSONAL INSTRUCTION. GENERAL USE FOR THE PETROVSKY INDOOR FACILITY LOCATED AT 13720 AND 13722 WEST 108TH STREET. MOTION BY BILL. SECOND BY MELANIE. ALL IN FAVOR? AYE. MOTION PASSES. ITEM NUMBER TEN IS A PRELIMINARY PLAN FOR RENNER 87, A MIXED USE DEVELOPMENT IN CITY CENTER, LOCATED AT THE NORTHEAST CORNER OF 87TH STREET PARKWAY AND RENNER, [10. Preliminary plan for Renner 87, a mixed-use development in City Center, located at the northeast corner of 87th Street Parkway & Renner Boulevard in the CC, Planned City Center District - WITHDRAWN BY THE APPLICANT] WHICH HAS BEEN WITHDRAWN BY THE APPLICANT. WE HAVE NO NEW BUSINESS THIS EVENING. ARE THERE ANY COUNCIL MEMBER REPORTS? [COUNCILMEMBER REPORTS] COURTNEY. WELL, I MISSED CHILI THIS WEEKEND. I DID GET THE OPPORTUNITY TO COME HERE SATURDAY NIGHT TO THE COMMUNITY FORUM TO SEE THE ARTS COUNCIL SHOW, AND IT WAS PHENOMENAL. IT WAS REALLY GREAT. AND SO I JUST LOVE THAT WE DO THAT. AND IT WAS IT WAS SOMETHING UNIQUE AND THE KICKOFF TO THE WINTER KIND OF SERIES. AND SO GLAD I GOT TO SHARE THAT. THANK YOU. ANYBODY ELSE WANT TO PUBLICLY THANK COUNCIL MEMBER ARROYO, WHO'S CURRENT COUNCIL PRESIDENT, FOR FILLING IN FOR ME FOR RIBBON CUTTINGS? THERE HAVE BEEN A LOT OF THOSE THIS YEAR, SO I APPRECIATE THE TEAMWORK ON THOSE BECAUSE WE WANT TO MAKE SURE THAT EVERYBODY GETS THOSE SPECIAL CEREMONIES. WE DID ONE THIS MORNING FOR FIRST WATCH AT 95TH AND I-35. SO GO GET SOME PANCAKES IN WARD FOUR. TODD, ANY STAFF REPORTS THIS EVENING? [STAFF REPORTS] NO. WE JUST WANTED TO REMIND YOU THAT THE COMMITTEE OF THE WHOLE ON THE 22ND IS CANCELED. BUT WE ALSO HAVE A TRAINING BEFORE THAT. EXCUSE ME. BEFORE THAT CANCELED MEETING. SO WE'LL BE MEETING FROM 5:30 TO 6 IN THE PUBLIC MARKET FOR DINNER, AND THEN THE TRAINING WILL BE FROM 6 TO 7 IN THE PRAIRIE STAR CONFERENCE ROOM, SO. THANK YOU. THIS ENDS THE RECORDED PORTION OF THE EVENING IS THERE. * This transcript was compiled from uncorrected Closed Captioning.