9. Approval to submit the City's 2026-2030 application for the County Assisted Road System program to the Johnson County Board of County Commissioners

[9. Approval to submit the City's 2026-2030 application for the County Assisted Road System program to the Johnson County Board of County Commissioners]

HOW'S THAT? THANK YOU. I HAVE JUST A VERY BRIEF PRESENTATION TONIGHT TO EXPLAIN THE CARS PROGRAM AND OUR PROPOSED SUBMITTAL.

THE COUNTY FUNDS THE CARS PROGRAM THROUGH A COUNTY GAS TAX AND ALSO COUNTY AT LARGE FUNDING.

[00:05:03]

SO THERE'S TWO COMBINATIONS. THE 2026 PROGRAM IS ESTIMATED TO BE ABOUT $18.5 MILLION, SPREAD AMONGST ALL THE JOHNSON COUNTY CITIES.

AND TO BE ELIGIBLE TO GET THAT FUNDING, THERE'S A NUMBER OF THINGS YOU HAVE TO DO.

FIRST, THE STREET NETWORK. IT HAS TO BE A MAJOR ARTERIAL AS CLASSIFIED BY JOHNSON COUNTY.

IF IT'S NOT A MAJOR ARTERIAL WHICH ARE TYPICALLY THE MILE LINES.

PFLUMM, BLACKMAN, THOSE PROJECTS OR THOSE STREETS, THEN IT HAS TO BE A MINOR ARTERIAL THAT CONNECTS TWO MAJOR OR TWO MAJOR ARTERIALS, AND IT HAS TO HAVE A CERTAIN TRAFFIC VOLUME.

BASICALLY 3500 VEHICLES PER DAY ON IT. SO YOU'VE GOT TO HAVE A TRAFFIC THAT BENEFITS THE COUNTY AND HENCE THE WHOLE PURPOSE OF THE OF THE CARS FUNDING.

HOW IT WORKS IS EACH YEAR WE HAVE TO SUBMIT A FIVE YEAR PLAN, AND THE FIRST YEAR IS THE BUDGET YEAR.

THE NEXT FOUR YEARS ARE REALLY JUST PLANNING TOOLS, VERY SIMILAR TO WHAT OUR CAPITAL IMPROVEMENT PROGRAM IS.

THAT FIRST YEAR IS REALLY FUNDED. WE CAN SPEND MONEY ON IT.

THE OUT YEARS CHANGE PERIODICALLY. AND THAT'S FINE.

WE HAVE TO SUBMIT A FULL SET OF PLANS, COST ESTIMATES FOR THE BUDGET YEAR.

SO FOR THE UPCOMING PROJECTS. SO IN THIS CASE FOR 2026, WE SUBMIT PLANS, COST ESTIMATES, THE WHOLE KIT AND CABOODLE.

FOR THE REMAINING PROJECTS, WE JUST SUBMIT A COST ESTIMATE.

KNOWING THOSE MAY CHANGE, THE COUNTY THEN SCORES ALL OF THE SUBMITTALS AND THEY SUBMIT THAT STAFF SUBMITS THAT TO THE BOARD OF COUNTY COMMISSIONERS. AND THAT IS ALWAYS IN MAY.

THE CITY COUNTY COMMISSION WILL VOTE ON IT IF IT'S APPROVED.

THE CITY RECEIVES FUNDING. THE CARS PAYS 50% OF CONSTRUCTION COSTS.

IT DOES NOT PAY DESIGN RIGHT OF WAY ANY OF THE OTHER ITEMS. 50% OF ELIGIBLE CONSTRUCTION COSTS UP TO THAT ALLOCATED AMOUNT.

AND ONE THING I DID NOT PUT ON HERE, THERE'S WHAT THE COUNTY CALLS AN 80% RULE.

SO IF YOU LOOK AT POPULATION AND WHAT IS CITY SHOULD RECEIVE OVER A FIVE YEAR PERIOD, EACH CITY WILL RECEIVE UP TO 80%.

100% WOULD BE PERFECT BECAUSE WE'D BE GETTING IN EVERYTHING THAT WAS PAID.

BUT SOMETIMES YOU'RE A LITTLE HIGHER, SOMETIMES YOU'RE A LITTLE LOWER, BUT THEY SHOOT FOR 80% MINIMUM THAT EVERY CITY WILL GET BACK.

AND I WOULD TELL YOU, WE'RE A LITTLE ON THE LOW END OF THAT.

SO I THINK WE'RE AROUND 80%. SO IN FUTURE YEARS WE SHOULD BE LOOKING AT GETTING SOME ADDITIONAL FUNDING.

OUR ALLOCATIONS TYPICALLY ABOUT 1.6 TO 1.8 MILLION A YEAR.

SO YOU'LL SEE ON OUR SUBMITTALS WE HAVE A COUPLE OF YEARS WITH 2 MILLION TO TRY TO MAKE UP THAT THAT DIFFERENCE THAT WE HAVE.

AND AS I MENTIONED WITH THE PLAN, THE COUNTY DOES NOT LIKE US.

BASICALLY, YOU CAN'T CHANGE THE CURRENT YEAR.

SO 2025 PROJECT THAT'S GOT TO STAY. IF THE CITY WOULD ELECT NOT TO DO THAT PROJECT, THAT MONEY IS JUST LOST.

IT WOULD BE SPREAD AMONGST OTHER CITIES. THEY REALLY PURSUED THE 2026 PROJECTS THAT THEY DON'T WANT YOU TO CHANGE THOSE JUST BECAUSE THEY START SETTING THEIR 18.5 MILLION BUDGET BASED ON THAT, BUT THE PLANNING YEARS 27 TO 30.

THOSE ARE REALLY JUST PLANNING TOOLS. WE CHANGED THOSE PROBABLY EVERY YEAR SOMETHING WILL COME UP.

IN THIS CASE, WE'LL TALK A LITTLE BIT ABOUT THE PROJECTS AND I'LL SHOW YOU HOW THAT HAS CHANGED.

SO I'LL GO THROUGH EACH OF THESE PROJECTS JUST REAL QUICK.

BUT IN THIS CASE, IF YOU LOOK AT THE K10 AND CANE CREEK BOULEVARD PROJECT FOR 26, THAT WAS NOT ON THE COUNTY PLAN THE LAST COUPLE OF YEARS.

WE ADDED THAT TO THE CIP LAST YEAR, SO WE SAW THAT AS A GOOD WAY TO GET ADDITIONAL FUNDING FOR OUR MATCH, SO IT GOT ADDED ON. SO IT'S REALLY A A WORK IN PROGRESS.

REAL QUICK THE 2026 PROJECT SANTA FE TRAIL DRIVE, IT'S SIMPLY A MILL AND OVERLAY FIXED BAD AREAS, MILL AND OVERLAY, AND THE K10 AND CANYON CREEK BOULEVARD PROJECT.

WHAT THAT ENTAILS IS WESTBOUND K10 EXIT RAMP.

SO AS YOU'RE GOING DOWN TO CANYON CREEK BOULEVARD, ADDING AN ADDITIONAL LANE ONTO THAT.

SO WE HAVE A RIGHT LANE AND A LEFT LANE. AND THEN UNDER THE BRIDGE ON THE OLATHE SIDE, IT'S THREE LANES, LENEXA SIDE, ITS TWO. THAT WOULD BE TO WIDEN THAT TO THREE LANES ALL THE WAY THROUGH.

WE WOULD NOT LOOK AT SIGNALIZING AT THIS TIME UNLESS IT'S WARRANTED.

THESE REALLY ARE TEMPORARY. AT SOME POINT KDOT'S GOING TO COME IN AND REPLACE THIS INTERCHANGE.

WE DON'T KNOW IF THAT'S FIVE YEARS, TEN YEARS, 15 YEARS, BUT WE'LL WATCH IT.

IF IT WEREN'T SIGNALS, THEN WE'LL SIGNALIZE IT.

WE KNOW WE'VE GOT A LOT OF DEVELOPMENT IN THAT AREA, AND BOTH OF THESE PROJECTS ARE CURRENTLY IN THE CIP.

THE NEXT PROJECT I THINK YOU'RE AWARE OF 83RD GLEASON TO CLARE.

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THIS IS ANOTHER PROJECT WE JUST ADDED THIS YEAR.

WE GOT IT IN THE CIP. IT LOOKED LIKE A VERY GOOD OPPORTUNITY FOR US TO GET AN ADDITIONAL, HOPEFULLY $4 MILLION TO, TO REDUCE OUR SHARE OF THAT PROJECT. AND IT INCLUDES WIDENING THE FOUR LANES, STREET LIGHTING, STORM SEWER, SIDEWALK TRAILS. AND IT IS CURRENTLY IN THE CIP.

THE NEXT PROJECT, IT'S KIND OF IN A PLACEHOLDER FOR US FOR MANY YEARS BECAUSE AS WE GET INTO THE OUT YEARS 2030, OUR CIP ONLY GOES TO 2029. SO WE ALWAYS HAVE THAT OUTYEAR PROJECT.

IT'S NOT IN THE CIP. THIS IS RENNER BOULEVARD FROM 79TH TO 84TH.

THAT'S THE ONE UNIMPROVED SECTION OF ROAD ALONG RENNER.

AND WE'VE LOOKED AT YEARS SUBMITTING FOR FEDERAL FUNDS ON THAT, AND WE HAVEN'T BEEN ABLE TO GET IT, BUT WE KEEP IT IN THERE. IF WE CAN GET FEDERAL FUNDS, WE GET A LOT OF REQUESTS FOR TRAILS ALONG THAT.

SIDEWALKS OR. YEAH. SIDEWALKS, TRAILS AND THEN JUST CURB AND GUTTER.

SO WE KEEP THAT IN THERE. I THINK IT'S BEEN IN THERE SINCE 2017.

AND EVERY YEAR WE JUST KIND OF MOVE IT BACK. AND THEN THE LAST PROJECT IS THE K10 AND LONE ELM.

WHAT THIS IS, I DON'T WANT IT TO BE CONFUSED WITH THE INTERCHANGE.

THAT'S A SEPARATE ISSUE. THE CARS FUNDING CANNOT BE USED FOR HIGHWAY IMPROVEMENTS.

THEY'RE NOT ELIGIBLE. SO WE CAN'T USE THIS MONEY FOR ANYTHING ASSOCIATED WITH THE INTERCHANGE.

WHAT THIS PROJECT WOULD BE FOR THE LOCAL STREET SYSTEM.

REGARDLESS, IF WE BUILD AN INTERCHANGE, AN OVERPASS OR NOTHING, WE'RE LOOKING AT THAT AREA KNOWING IT'S GROWING, KNOWING WE MOST LIKELY IN FIVE YEARS WILL NEED TO DO SOMETHING OUT THERE, BE IT A SIGNAL AT 101ST AND LONE ELM, BE IT JUST CLEANING UP THE INTERSECTION. NOW IT'S LONE ELM BUILT FOR FOUR LANES.

IF WE DON'T BUILD THE INTERCHANGE AND WE GO BACK TO TWO LANES, WE NEED TO CLEAN THAT UP.

SO WE DON'T HAVE A SET SCOPE. WE BASICALLY PUT A PLACEHOLDER IN THERE KNOWING THAT WE MAY HAVE SOMETHING IN THAT AREA THAT NEEDS IMPROVEMENTS IN THE NEXT FIVE YEARS.

WE DON'T KNOW WHAT SCHOOL IS GOING TO LOOK LIKE, WHAT THE BOUNDARIES.

WE'VE GOT SO MUCH GROWTH OUT THERE. SO THIS IS REALLY A PLACEHOLDER FOR THAT.

THE FUNDING FOR THE LOCAL STREET NETWORKS NOT IN OUR CIP.

WE DO HAVE MONEY IN THERE FOR AN INTERCHANGE OR AN OVERPASS.

AND THANK YOU, BECKY, FOR PULLING IT OFF THE CONSENT.

I, I HAD THE SENSE THAT BECAUSE 83RD STREET BECAUSE OF K-10 AND LONE ELM, THAT THERE MIGHT BE SOME PEOPLE THAT WANTED TO TALK ABOUT THOSE TWO PROJECTS, BECAUSE WE'VE HAD PEOPLE AT THE PODIUM OVER THE LAST FEW MONTHS TALKING ABOUT BOTH OF THOSE.

AND, TIM, I'M GLAD TO HEAR ON CANYON CREEK BOULEVARD, BECAUSE WE'VE TALKED ABOUT THIS A COUPLE OF YEARS AGO ABOUT WIDENING UNDER K-10. AS AND AS YOU SAID AND AS I WAS TOLD EARLIER THIS AFTERNOON THAT WE NEED THIS, THIS MONEY FOR OUR LOCAL ROAD NETWORK, WHETHER WE BUILD AN OVERPASS OR AN INTERCHANGE.

CORRECT. I YOU ALL KNOW MY THOUGHTS ON THE INTERCHANGE AND HOW I DON'T LIKE IT COMING INTO THE NEIGHBORHOOD AND ALL THAT TRAFFIC PAST THE SCHOOL, SO.

AND I ALSO FEEL LIKE ONCE THINGS ARE ON A LIST THAT THAT HELPS THEM STAY ON THE LIST GOING. SO, I DON'T PLAN TO VOTE YES ON THIS PROJECT BECAUSE OF THE INTERCHANGE AND THE OVERPASS. EVEN THOUGH I UNDERSTAND THAT THIS IS FOR LOCAL, LOCAL ROADS I DON'T I DON'T WANT TO GET IT ON THE LIST. AND I HOPE OTHERS UP HERE WILL JOIN ME IN NOT PUTTING IT ON THE LIST.

THANK YOU, TIM. THANK, YOU BECKY. OTHER QUESTIONS.

MARK. THANKS, TIM. CAN YOU EXPLAIN THE ENGINEERING AGAIN WHEN YOU'RE SUBMITTING THESE? IT'S JUST LIKE THE NEXT COMING YEAR OR THE CURRENT YEAR.

YOU'RE SPENDING ENGINEER DRAWINGS WHERE IN THE OTHER ONES ARE JUST BUDGETARY NUMBERS FOR THE FUTURE? THAT'S CORRECT. YES. THAT'S CORRECT. THE CURRENT YEAR, THE CURRENT YEAR.

WE ALREADY SUBMITTED LAST YEAR FOR 25, BUT FOR 26 WE SUBMIT FULL ENGINEERING DRAWINGS, STAMPED ENGINEERING DRAWINGS,

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ENGINEERS, COST ESTIMATES, EVERYTHING THAT'S CLOSE TO A BID DOCUMENTS.

BUT THE REMAINING PROJECTS 27 OUT WE BASICALLY SUBMIT JUST THE FORM THAT INDICATES WHAT'S THE TRAFFIC CRASHES BUT NO BUDGET NUMBERS, NO PLANS, NOTHING TO THAT EFFECT. SO THEN THIS LOCAL ROAD MONEY FOR THE LONE ELM INTERCHANGE, IT COULD BE USED FOR PRETTY MUCH ANYTHING BECAUSE THE DESIGN HASN'T HAPPENED.

WE COULD LOOK INTO HOW OTHER THINGS ACCOMMODATE CERTAIN NEEDS AND WISHES.

I GUESS THAT'S CORRECT. YES. AND IT AS I MENTIONED, IT CAN BE AMENDED IF WE NEED IT TO DO SOMETHING, YOU KNOW, NORTH OR SOUTH OF HERE, IT CAN BE AMENDED TO INCLUDE THOSE.

I BELIEVE BOTH 101ST STREET AND LONE ELM ARE ELIGIBLE PROJECTS AS WELL AS A NUMBER OF OTHERS.

SO YES, WE COULD. OKAY. AND I WOULD SAY WE DON'T KNOW WHAT THAT SCOPE IS RIGHT NOW.

THE 1.8 MILLION WE PUT AS A MATCH IS OUR YEARLY AMOUNT THAT WE GET WITHOUT KNOWING WHAT WE'RE GOING TO DO, IF ANYTHING OUT THERE, IT'S REALLY A PLACEHOLDER.

COURT. HEY, TIM, JUST SO THAT I'M CLEAR ON THAT AS WELL.

BASICALLY, WE HAVE TO DO THE BUDGET FOR THE FULL FIVE YEARS AHEAD OF TIME, RIGHT? SO EVEN IF WE AREN'T CERTAIN WHAT IS GOING TO BE NEEDED IN THIS AREA, IT WOULD BE SILLY NOT TO INCLUDE IT IN THE BUDGET FROM MY PERSPECTIVE, BECAUSE THEN WE CAN MANEUVER WHERE WE NEED THE MONEY TO GO WITH THE AT WHATEVER GIVEN TIME, DEPENDING ON WHATEVER DECISIONS ARE MADE. CORRECT. IT COULD GO, BUT WE ONLY HAVE THIS YEAR TO DO ANYTHING IN THIS AREA. WE COULD DECIDE NEXT YEAR THAT THAT THERE'S SOMETHING MORE IMPORTANT COMES UP AND IT COULD BE CHANGED AND MOVED TO THAT PROJECT.

OKAY. FROM MY PERSPECTIVE, I FEEL LIKE THE WAY THAT LONE ELM LOOKS RIGHT NOW, EVEN IF NOTHING HAPPENED WITH THAT INTERCHANGE, IT IS A FULL ON STOPGAP FOUR LANE ROAD THAT LIKE GOES TO I MEAN, IT'S JUST THERE IT IS WAITING FOR SOMETHING TO BE BUILT.

AND SO I THINK NOT KNOWING WHAT THE FULL PLAN IS GOING TO BE, I WOULD MUCH RATHER US SET ASIDE THIS MONEY AND ASK FOR THE MONEY FROM THE COUNTY FOR THE MATCH, BECAUSE SOMETHING'S GOING TO NEED TO BE DONE TO MAKE THAT LOOK BETTER.

THANK YOU. AGREE? OTHER QUESTIONS? YEAH. HI, TIM.

YEAH. WHEN DO WE HAVE TO SPEND THE MONEY? IS IT JUST IN THAT SOMETIME WITHIN THAT FIVE YEAR PERIOD, OR CAN WE CARRY IT FORWARD? THOUGH, LIKE, FOR EXAMPLE, THE 1.8 MILLION FOR MONELL.

MONELL. WE HAVE TO CONSTRUCT A PROJECT, OR AT LEAST BEGIN CONSTRUCTION OF THE PROJECT IN THAT YEAR.

IN 2030. IN THIS CASE, IF WE WERE TO DO SOMETHING, IT COULD CARRY OVER TO 2031.

BUT WE COULD CHANGE THIS PROJECT ANY TIME UP UNTIL 2029.

SO TO CLARIFY THAT THIS MONEY IS THIS IS WOULDN'T BE APPROVED EVEN UNTIL A LATER YEAR.

THAT'S CORRECT. WE JUST RECEIVED THE 2025 CARS AGREEMENT EARLIER THIS YEAR SO WE WOULDN'T RECEIVE AN AGREEMENT OF ANY TYPE ON ANY OF THESE PROJECTS UNTIL THE, THE YEAR THE SPRING BEFORE THEY'RE TO BE CONSTRUCTED.

GOTCHA. SO THERE IS NO CONTRACT OR AGREEMENT ASSOCIATED WITH THESE, AND THESE ARE ALL REIMBURSABLE FUNDS.

SO, WE WOULD COMPLETE THE PROJECT, PAY THE CONTRACTOR, AND THEN WE REQUEST REIMBURSEMENTS FROM THE COUNTY TO REIMBURSE US FOR OUR SHARE OR FOR THEIR SHARE. HOW CERTAIN ARE WE TO GET THIS 1.8 IF WE, YOU KNOW, ACTUALLY SPEND IT? WE ARE NOT GUARANTEED ALL BUT GUARANTEED TO GET SOME FUNDING BETWEEN ITS VARIED OVER THE 20 YEARS I'VE BEEN HERE FROM 1.3 MILLION TO 2 MILLION.

WE'RE GOING TO GET SOMETHING IN THAT RANGE TO KEEP US IN THAT 80 TO 100%.

80 TO 100% RANGE. SO I WOULD SAY IT'S FAIRLY CERTAIN WE WILL RECEIVE FUNDING.

OKAY. THANK YOU. AND I GUESS JUST TO PUT A FINE POINT ON IT, ALL WE'RE DECIDING TONIGHT IS THAT THIS IS THE LIST THAT GETS SUBMITTED TO THE COUNTY. PROJECTING NEXT FIVE YEARS.

AND THERE ARE NO OTHER MAJOR ARTERIALS WITHIN THE NEXT FIVE YEARS THAT WE WOULD PUT ON THIS LIST.

THAT'S CORRECT. WE FOR NOW, FROM 28 OUT, I DON'T BELIEVE WE HAVE ANY ARTERIAL STREETS IN OUR CIP.

OKAY. SO WE'VE GOT A SMALL LIST TO CHOOSE FROM.

OKAY, THERE'S NOTHING ELSE. I'LL ENTERTAIN A MOTION TO APPROVE THE SUBMITTAL OF THE CITY'S 2026 TO 202030 APPLICATION FOR THE COUNTY ASSISTED ROAD PROGRAM TO THE BOARD OF JOHNSON COUNTY COMMISSIONERS.

SECOND. MOTION BY JOHN. SECOND BY CHELSEA. ALL THOSE IN FAVOR? AYE. THOSE OPPOSED? NO. MOTION PASSED. THANK YOU.

[11. Ordinance approving a five-year special use permit renewal for a church/place of worship for Nexus Church located at 15101 College Boulevard in the BP-1, Planned Business Park District]

FOR BOARD RECOMMENDATIONS THIS EVENING. NUMBER 11 IS AN ORDINANCE APPROVING A FIVE YEAR SPECIAL PERMIT RENEWAL FOR A CHURCH AND PLACE OF WORSHIP FOR NEXUS CHURCH,

[00:20:07]

LOCATED AT 15101 COLLEGE BOULEVARD IN THE BP ONE PLANNED BUSINESS PARK DISTRICT.

SCOTT. GOOD EVENING, MAYOR AND COUNCIL. SCOTT MCCULLOUGH WITH THE COMMUNITY DEVELOPMENT DEPARTMENT.

AS YOU NOTE, ITEM 11 IS A RENEWAL OF A SPECIAL USE PERMIT FOR A CHURCH OR A PLACE OF WORSHIP USE AT 15101 COLLEGE BOULEVARD, LOCATED HERE AT LACKMAN AND COLLEGE BOULEVARD IN THE SOUTH AREA OF THE CITY.

IT IS ADJACENT, HAS ADJACENCIES TO COLLEGE TO THE NORTH AND LACKMAN TO THE EAST, WITH PRIVATE DRIVES ALONG ITS SOUTH AND WEST SIDES. AND SO REALLY THE SINGLE BUILDING EXISTS ON THIS LOT WITH PARKING IN THE CHURCH OCCUPIES THE ENTIRE SPACE HERE. IT IS ZONED BP1, WHICH DOES REQUIRE THE SPECIAL USE PERMIT FOR A CHURCH OR PLACE OF WORSHIP USE, AND IS CLASSIFIED AS FOR BUSINESS PARK USES IN THE COMPREHENSIVE PLAN.

IT'S AN APPROXIMATE 17,000 SQUARE FOOT SINGLE TENANT BUILDING, AGAIN ON JUST OVER TWO AND A HALF ACRES.

THE CHURCH SIZE IS APPROXIMATELY 300 PEOPLE IN WORSHIP SERVICE.

TYPICAL SERVICE TIMES AND DAYS OF THE WEEK WITH YOUR TYPICAL ACCESSORY USES OF PRESCHOOL AND WEEK DAY EVENTS. PARKING IS LOCATED BOTH ON SITE AND OFF SITE.

THE CODE REQUIRES 108 SPACES. THEY ACTUALLY SATISFY THE CODE ON SITE AT 109, BUT DO ALSO BENEFIT FROM A PARKING AGREEMENT WITH THE NEIGHBOR TO THE WEST FOR ANOTHER 340.

SO IT IS A WELL PARKED SITE IN TERMS OF CIRCULATION AND ACCESS.

IT IS ALSO GOT A VERY GOOD ACCESS TO THE SITE FROM THE ARTERIAL STREETS, AS IS TYPICAL.

STAFF IN THE PLANNING COMMISSION REVIEWED OUR CRITERIA FOR REVIEWING SPECIAL USE PERMITS AND REALLY FOUND NO CONCERNS WITH ANY OF THOSE CRITERIA.

AND SO BECAUSE OF THAT, AND DUE TO THIS BEING A RENEWAL AND NO KNOWN OPERATIONAL ISSUES WITH THE CHURCH, USE ON SITE STAFF AND THE PLANNING COMMISSION DO RECOMMEND APPROVAL OF THIS SPECIAL USE PERMIT FOR FIVE YEARS WITH NO CONDITIONS.

THANK YOU. DO WE HAVE THE APPLICANT HERE THIS EVENING? ANYTHING THAT YOU'D LIKE TO ADD? NO, JUST WE ENJOY THE BUILDING AND LIKE LENEXA BEEN IN LENEXA 4 YEARS, SO YEAH. OKAY. VERY SIMPLE. OKAY. THANK YOU. ANY QUESTIONS FROM THE GROUP? OKAY. SEEING NONE, I'LL ENTERTAIN A MOTION TO PASS THE ORDINANCE APPROVING A FIVE YEAR SPECIAL USE PERMIT FOR NEXUS CHURCH, LOCATED AT 15101 COLLEGE BOULEVARD. MOTION BY BILL, SECOND BY MARK.

ALL IN FAVOR? AYE. THOSE OPPOSED. MOTION PASSES.

WELCOME BACK. ITEM 12 IS AN ORDINANCE APPROVING A FIVE YEAR SPECIAL USE PERMIT FOR COMMERCIAL DAYCARE FOR KIDS IN CHILDCARE CENTER LOCATED

[12. Ordinance approving a five-year special use permit for a commercial daycare for Kids Inn Childcare Center located at 9870 Quivira Road in the NP-O, Planned Neighborhood Office District]

AT 9870 QUIVIRA ROAD IN THE NPO PLANNED NEIGHBORHOOD OFFICE DISTRICT.

HELLO AGAIN. YES. THANK YOU, MAYOR. THIS IS A NEW SPECIAL USE PERMIT REQUEST LOCATED IN THE EASTERN PORTION OF THE CITY ON QUIVIRA NORTH AVE, RIGHT AT 99TH STREET.

SO THE ZONING FOR THIS PROPERTY IS NEIGHBORHOOD PLANNED OFFICE AGAIN 99TH STREET HERE, QUIVIRA HERE.

IT IS CLASSIFIED FOR OFFICE USES IN THE COMPREHENSIVE PLAN.

IT HAS RETAIL AND OFFICE USES SURROUNDING IT TO THE NORTH AND EAST ON THE KIND OF THE COMMERCIAL CENTER.

MULTIFAMILY TO THE WEST AND SINGLE FAMILY ACROSS 99TH STREET TO THE SOUTH.

IT IS A 4500 SQUARE FOOT OFFICE BUILDING ON JUST OVER A HALF AN ACRE.

THE BUSINESS PLANS TO STAFF IT, THE COMMERCIAL DAYCARE WITH 5 TO 6 EMPLOYEES, WITH PROPOSED OPERATIONS OF MONDAY THROUGH THURSDAY FROM 8 A.M. TO 8 P.M., AND SOME EXTENDED HOURS ON FRIDAY AND SATURDAY FROM 8 A.M.

TO 10 P.M., AND THE APPLICANT IS PURSUING A STATE LICENSE FOR 45 CHILDREN.

JUST A ROUGH FLOOR PLAN OF IT. OF COURSE, ANY OF THESE RENOVATIONS INTERIOR WOULD REQUIRE BUILDING PERMITS REVIEWED AGAINST OUR BUILDING AND FIRE CODES. TYPICAL KINDS OF ROOMS WITH OFFICES AND CLASSROOMS AND LOUNGES AND KITCHENS AND THAT TYPE OF THING.

THE CODE REQUIRES 11 SPACES FOR THIS USE, AND 22 ARE PROVIDED ON SITE.

THE APPLICANT ACTUALLY WOULD CONTROL THE KIND OF THE OUTLINE HERE ON THE SITE.

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WE UNDERSTAND THERE IS A KIND OF A BROADER PARKING AGREEMENT IN THE COMMERCIAL CENTER FOR PATRONS TO PARK ANYWHERE IN THE PARKING LOT. SO, IT IS WELL PARKED FOR WHAT IT IS IN TERMS OF THE CIRCULATION ON SITE FOR DROP OFF AND PICKUP.

THE APPLICANT PROPOSES STAGGERED, STAGGERED TIMES FOR THESE.

SO, SORT OF A 45 MINUTE TIME PERIOD FOR DROP OFF TIMES AND A 30 MINUTE PICKUP TIME RANGE WITH AN HOUR AND 15 MINUTE PICKUP TIME ON FRIDAYS AND SATURDAYS. SO AGAIN, JUST ANTICIPATING A BROADER RANGE OF PICKUP FOR PARENTS GIVEN THE EXTENDED HOURS, THERE IS A PLANNED OUTDOOR PLAYGROUND ON SITE HERE.

SO LET ME EXPLAIN THIS DIAGRAM A LITTLE BIT. SO THE BUILDING SITS HERE AND IT'S SURROUNDED BY A LITTLE BIT OF OPEN SPACE, GREEN SPACE AROUND THE BUILDING. THIS BLACK LINE REPRESENTS THE PLAN THAT WAS SUBMITTED FOR A FENCED IN PLAY AREA.

STAFF HAD A LITTLE BIT OF CONCERN WITH WHAT THAT BLACK LINE WAS DOING TO CUT OFF THE SIDEWALK HERE IN FRONT OF THE PARKING SPACES AND EXTENDING PAST THE BUILDING. SO, WE DREW IN THIS DRAFT REDLINE THAT BETTER MEETS CODE AND BETTER LAYS OUT THE SITE IN OUR OPINION. AND SO WE EXPLAIN THIS AT THE PLANNING COMMISSION AND BELIEVE THAT WOULD BE WORKED OUT WITH THE FENCE PERMIT AND BUILDING PERMIT AT THE TIME.

THERE IS A PRETTY LARGE TALL BERM IN THIS AREA.

AND SO EVEN THOUGH THE PROPERTY EXTENDS DOWN TO THIS LINE WITH 99TH STREET ALONG HERE, THE FENCE WOULD ACTUALLY SIT ON THE NORTH SIDE OF THAT BERM.

AND I'LL SHOW YOU A PICTURE IN A MOMENT OF WHERE THAT WOULD BE.

AND THERE WAS QUITE A BIT OF DISCUSSION AT PLANNING COMMISSION, JUST ABOUT THE, THE EFFICIENCIES OF THE OUTDOOR AREA, WHAT THE STATE REQUIRES PER PERSON, PER CHILD IN THAT AREA.

AND IT WAS DETERMINED THAT THIS ACTUALLY COULD BE PRETTY TYPICAL FOR AN OUTDOOR AREA FOR CHILD CARE.

WHEN YOU LOOK AT OTHER SITES IN THE CITY. WE DID AGAIN REVIEW THE CRITERIA FOR SPECIAL USE PERMITS AND HAD THOSE DISCUSSIONS AT PLANNING COMMISSION AROUND PRIMARILY THE EFFECT OF THE OUTDOOR PLAY IN TERMS OF THE SAFETY.

THE ADJACENCIES WITH THE STREETS AND POTENTIAL NOISE FOR NEIGHBORHOODS.

AND WE FOUND THAT THERE WERE MITIGATED WITH THE APPLICATION IN PARTICULAR THIS BERM.

THIS WELL LANDSCAPED BERM YOU CAN SEE HERE IS PRETTY TALL.

THE FENCE WOULD GO ON THIS BOTTOM PORTION AND LEAVE THIS MUCH ROOM AROUND THE BUILDING FOR PLAY FOR NOT ALL 45 CHILDREN AT ONCE BUT A LIMITED NUMBER OF CHILDREN.

AND THEN WE'VE NOTED WITH THE APPLICANT AND THEIR THEY KNOW THAT THEY HAVE A NEED TO ENHANCE SOME OF THE PROPERTY MAINTENANCE CODE ISSUES HERE.

SO WITH ALL THAT DISCUSSION STAFF AND THE. PLANNING COMMISSION DO RECOMMEND APPROVAL OF SU 2503 FOR COMMERCIAL DAYCARE AT THIS PROPERTY MAYOR I'M HAPPY TO ANSWER QUESTIONS. QUESTIONS? JOHN? YEAH. SORRY. I GOT JOHN FIRST.

OH, SORRY APPRECIATE THAT. I NOTICED IN THE STAFF REPORT AND THEN IN THE QUESTIONS FROM THE PLANNING COMMISSION ON IF THE NEARBY LIQUOR STORE IS VACATED THAT COULD NOT THAT USE COULD NOT BE REPEATED IN THAT LOCATION BECAUSE OF ITS PROXIMITY TO THE DAYCARE. IS THAT ONLY IF THAT LIQUOR STORE IS VACATED OR IS THAT JUST IT COULD NOT TRANSFER OWNERSHIP.

THERE'S LITERALLY NOTHING THAT COULD HAPPEN. ONCE THAT OWNER IS DONE, THAT USE IS OVER.

GREAT LEGAL QUESTION. COUNCIL MEMBER I'LL TURN TO SEAN, BUT I'M GOING TO HAVE A GREAT LEGAL ANSWER.

THERE IS GENERALLY A 200 FOOT DISTANCE REQUIREMENT BETWEEN SCHOOLS.

TO BE HONEST, IF THIS WOULD HAVE HAPPEN, WE WOULD JUST HAVE TO REVIEW EXACTLY THE FACTS AS TO WHAT WAS HAPPENING, I CAN'T. I DON'T WANT TO SPEAK WITHOUT KNOWING EXACTLY THE FACTS, BUT THAT DOES EXIST.

AND IT MAY OCCUR, BUT IT MAY NOT OCCUR AS WELL.

WE USUALLY REVIEW THOSE ON A CASE BY CASE BASIS.

OKAY. OKAY. THAT'S HELPFUL I APPRECIATE THAT MOSTLY.

I MEAN, JUST BASED ON THE PLANNING COMMISSION'S COMMENTARY ON ANY OF THE CHALLENGES THAT THEY FOUND, I FEEL REALLY COMFORTABLE WITH IT. I DON'T LOVE THE IDEA OF LOCKING SOMEONE OUT OF A DEVELOPMENT THAT THEY HAD PREVIOUSLY DONE PRIOR TO THEIR NEIGHBORS SHOWING UP.

BUT SINCE THAT'S, I THINK, STATE AND NOT LOCAL, RIGHT.

IT'S A LITTLE BIT OF BOTH. AND THERE ARE EXCEPTIONS.

AND SO THAT'S WHY AS THE SITUATION AROSE AND IF IT DOES ARISE, WE'D HAVE TO KNOW EXACTLY THE FACTS AT PLAY.

I WOULDN'T WANT TO MAKE A BLANKET STATEMENT AT THIS POINT THAT WHATEVER USE WERE TO GO INTO THESE CAN'T BE THERE WITHOUT THE FACTS AT THE TIME.

[00:30:04]

UNDERSTOOD. YEAH, I APPRECIATE THAT. A LOT OF GRAY AREA.

THAT'S JUST MY SOLE CONCERN IS REALLY JUST LOCKING UP A BUSINESS OWNER OR PROSPECTIVE BUSINESS OWNER OUT OF THAT USE THAT'S ALREADY EXISTING AND PRESUMABLY HARMONIOUS WITH THE CHILD DAYCARE CENTER AT A FUTURE DATE.

SO, IT'S JUST SOMETHING THAT I'LL KEEP AN EYE ON.

OKAY. CHELSEA. SCOTT, JUST FOR CLARIFICATION, AT THE BOTTOM OF OUR PACKET ON PAGE 98, IT SAYS STAFF, STAFF RECOMMENDATION APPROVAL FOR THREE YEARS.

BUT YOU ARE RECOMMENDING FOR FIVE YEARS FOR THE SPECIAL USE PERMIT.

I MIGHT HAVE TO CONSULT THE ORDINANCE. WOULD THE ORDINANCE HAVE THE CORRECT TIME PERIOD? I'M SORRY IF THERE WAS JUST SOME INCONSISTENCIES IN THE PACKET ABOUT IT.

I DON'T KNOW IF I SEE MAYBE SEAN CAN LOOK. IT'S FIVE YEARS IN THE ORDINANCE.

FIVE YEARS? OKAY. YEAH. SO THAT'S JUST A TYPO, THEN? I JUST WANT TO MAKE SURE. OKAY. THANK YOU. BILL.

THANK YOU, MAYOR. SEAN, THE PLAYGROUND. IT SOUNDS LIKE IT'S ON THE WEST.

IT'S ACTUALLY WEST, SOUTH AND A LITTLE BIT EAST.

WHAT DID THE APPLICANT HAVE TO SAY ABOUT SUPERVISION OF LOOKING AROUND CORNERS AND KEEPING TRACK OF ALL THE KIDS? WE DIDN'T GET TO THAT DETAIL, BUT THE APPLICANT IS HERE, SO I'M SURE THAT SHE COULD ANSWER THAT FOR YOU.

AND FURTHER TOWARDS ANSWERING THE QUESTION ABOUT THE PLAY AREA, WILL THE FENCE HAVE GATES IN AND OUT AND IF SO, WILL THEY BE LOCKED? AND HOW DO YOU PROPOSE TO YOU KNOW, COMPLY WITH FIRE AND SAFETY REGULATIONS? LADIES, WOULD YOU MIND STATING YOUR NAMES FOR US FIRST BEFORE YOU? SO, CHRISTINA FORD, OWNER OF KIDS AND CHILDCARE CENTER, THIS IS MY DIRECTOR, KELLY FISCUS, WHO'S DIRECTOR.

AND SO SHE IS MORE FAMILIAR WITH JUST CODING AND HOW WE SUPERVISE KIDS WHILE THEY'RE OUT THERE ON THE PLAYGROUND.

SORRY FOR MY LOST VOICE. OKAY, SO THE BEST WAY TO DESCRIBE IT, WHAT WE'RE HOPING TO DO.

ONE AREA WILL BE FOR BIGGER KIDDOS AND THAT WILL BE FENCED IN TO ITSELF SO THE KIDDOS WON'T BE RUNNING AROUND THE CORNERS.

IT WILL BE. THIS SPACE IS FOR THIS AGE GROUP.

AND THEN AROUND THE BACK WE'RE GOING TO HAVE DOORS FOR OUR INFANT AND TODDLER ROOMS BECAUSE THAT'S PART OF THE FIRE REGULATIONS.

SO THEY WILL BE ABLE TO GO OUTSIDE THAT WAY FOR THE LITTLER LIKE THE BACK OF THE BUILDING, SINCE IT'S A SMALLER SPACE WILL BE FOR THE SMALLER KIDDOS THERE SO THEY WON'T BE GOING AROUND THE CORNERS WILL BE FENCED THAT WILL KEEP THAT FROM HAPPENING.

AND THEN FOR THE WE CAN'T PUT LOCKS ON THE GATES BECAUSE OF FIRE AND FIRE SAFETY, BUT THEY HAVE LATCHES.

AND THEN THERE ARE THINGS THAT YOU CAN DO LIKE I DON'T KNOW WHAT THEY'RE CALLED.

THE PEOPLE USE THEM FOR MOUNTAIN CLIMBING AND THINGS LIKE THAT.

THE LITTLE HOOKS. YOU CAN CARABINER ON. YEAH.

YES. YEAH. YOU CAN PUT THOSE ON THERE. BUT EVERYTHING WILL BE FENCED IN AND KEPT.

AND ALL THE KIDS LIKE THE RATIOS. THERE'LL BE ONE TEACHER OUT THERE WITH TEN CHILDREN.

THAT'S THE GENERAL RATIO FOR THE BIGGER AGE GROUP.

SO THAT'S HOW WE'LL KEEP THAT ALL TOGETHER. OKAY.

OTHER QUESTIONS. MAYBE WORTH NOTING THAT THIS IS JUST DOWN THE ROAD FROM ROSE HILL ELEMENTARY SCHOOL.

SO THAT DULL ROAR EXISTS IN THE NEIGHBORHOOD.

ANYWAY, SO NOT CONCERNED ABOUT ADDITIONAL KID NOISE BECAUSE WE LIVE WITH IT DAILY.

OKAY. IT'S JOY. YEAH. MELANIE. GO AHEAD. JUST OUT OF CURIOSITY ARE YOU HOPING TO EXPAND IN THE FUTURE AND MAYBE INCLUDE MORE THAN 45 CHILDREN? SO, LICENSING ONLY REQUIRES US BY SQUARE FOOTAGE THAT WE CAN USE FOR CHILDCARE.

SO ONCE LICENSING COMES OUT, THEY WILL TELL US WHAT CAN BE REMOVED, MEANING LIKE OUR STAFF AREA OR OUR KITCHEN AREA THAT'S NOT USED FOR CHILDCARE, AND THEY WILL LET US KNOW AT THAT TIME WHAT OUR MAX COULD BE.

IF IT CAN GO UP PAST 45 CHILDREN, WE WILL KNOW ONCE LICENSING COMES OUT AND REVIEWS OUR SITE PLANS AND REVIEWS ACTUALLY HOW MUCH SQUARE FOOTAGE WE HAVE PER CHILD ON SITE AND THEY'LL LET US KNOW AT THAT TIME. OKAY. YEAH.

THANK YOU. AND I MISS MY QUESTION. IS THIS CURRENTLY A VACANT BUILDING? IT IS. IT'S CURRENTLY VACANT. YES. OKAY. LOVE TO SEE THAT.

OKAY. I HAVE ADDITIONAL QUESTION. WILL YOUR DROP OFF AND PICK UP BE IDENTIFIED? LIKE, YOU KNOW, WE PUT PAINT IN THE PARKING LOT, YOU KNOW, TO KIND OF BRACKET WHERE PEOPLE MIGHT.

MY CONCERN IS JUST THAT, YOU KNOW, THERE'S A LIQUOR STORE THERE AND THERE'S THE RECRUITING, MILITARY RECRUITING CENTER THERE, AND TRAFFIC JUST CAN GO ANY WHICH WAY.

AND I WAS JUST DIDN'T KNOW IF THAT WAS A CONCERN OF YOURS.

YES. NOT AT THIS TIME. RIGHT NOW WE HAVE A SITE IN MISSOURI AND WE DO IN THE BEGINNING, IT WAS MORE DESIGNATING PARENTS OF WHERE TO COME AND DROP OFF.

[00:35:07]

SO THAT WOULD BE SOME GROWING PAINS WE WILL HAVE IN THE BEGINNING. RIGHT NOW, WE DON'T HAVE DESIGNATED.

WE WILL HAVE AN ENTRANCE, OF COURSE, WHERE OUR SIGNAGE WILL BE.

THIS IS OUR FRONT DOOR. WE'LL DO OUR BEST POSSIBLE, YOU KNOW, BEST FOOT FORWARD TO MAKE SURE THAT PARENTS KNOW THIS IS WHERE WE DROP OFF.

BUT IT WILL BE A LEARNING CURVE IN THE BEGINNING OF WHERE PARENTS ARE ABLE TO PARK.

BUT IT'S PRETTY A SEAMLESS SYSTEM. IT IS STAGGERED, SO TYPICALLY WE DON'T HAVE A TON OF TRAFFIC AT ONE TIME WHERE PARENTS ARE KIND OF LINING UP AND THERE'S COMING AN ISSUE, AS WE DO RIGHT NOW, SHARE A PARKING LOT WITH ANOTHER BUSINESS AS WELL FROM OUR MISSOURI LOCATION.

YOU ALSO DON'T SEE A TON OF CARS AT THE LIQUOR STORE AT EIGHT IN THE MORNING, SO I THINK WE'LL BE OKAY.

ALL RIGHT. THANK YOU, LADIES, VERY MUCH. WITH THAT, I'LL ENTERTAIN A MOTION TO PASS THE ORDINANCE APPROVING A FIVE YEAR SPECIAL PERMIT FOR COMMERCIAL DAYCARE. KIDS IN CHILDCARE CENTER LOCATED AT 9870 QUIVIRA.

MOTION BY MELANIE. SECOND BY CHELSEA. ALL THOSE IN FAVOR? AYE. ALL THOSE OPPOSED. MOTION PASSES. THANK YOU VERY MUCH.

THANK YOU. THANK YOU. NEW BUSINESS THIS EVENING IS ITEM 13, RESOLUTION APPROVING A CONSTRUCTION MANAGER AT RISK CONTRACT FOR NEWKIRK NOVAK

[13. Resolution approving a Construction Manager at Risk Contract with NewKirk Novak Construction Partners, Inc. for the construction of Fire Station 6 and relocation of the Lenexa LiveWell Employee Health Clinic Project and waiving the sealed bid process]

CONSTRUCTION PARTNERS FOR THE CONSTRUCTION OF FIRE STATION SIX AND RELOCATION OF LENEXA LIVEWELL EMPLOYEE HEALTH CARE CLINIC AND WAIVING THE SEALED BID PROCESS. THERE YOU GO. GOT IT. TODD.

THANK YOU. MAYOR AND COUNCIL, TODD PELHAM, DEPUTY CITY MANAGER, VERY EXCITED TO BRING FORWARD TONIGHT FOR YOUR CONSIDERATION.

CONSTRUCTION MANAGER AT RISK CONTRACT WITH NEWKIRK NOVAK CONSTRUCTION PARTNERS FOR THE CONSTRUCTION OF FIRE STATION NUMBER SIX.

AND ALSO THE RELOCATION OF OUR LIVEWELL EMPLOYEE HEALTH CLINIC.

AS YOU MIGHT REMEMBER, BACK IN NOVEMBER, WE APPROVED A DESIGN CONTRACT WITH FINKLE WILLIAMS ARCHITECTS TO BEGIN THE WORK ON THESE TWO PROJECTS.

REALLY? THERE WERE TWO DELIVERABLES, ONE TO DEVELOP CONSTRUCTION AND DESIGN DOCUMENTS TO REMOVE LIVEWELL FROM THE EXISTING CITY HALL OR THE OLD CITY HALL PROPERTY INTO THIS BUILDING HERE WAS KIND OF ONE OF THE DELIVERABLES, AND THEN TWO WAS TO MASTER PLAN THE SITE AT THE OLD PD FACILITY FOR THE FUTURE LOCATION OF FIRE STATION NUMBER SIX TO DEVELOP OPTIONS AROUND THAT, HOW WE BEST WOULD MAXIMIZE THE SITE, BUT ALSO TO PUT SOME COST OPTIONS TO SOME OF THOSE PROPOSALS.

WE WERE VERY EXCITED. WE HAD 11 PROPOSALS THAT CAME IN FOR THIS WORK.

SO, WE HAD SOME GREAT COVERAGE, PRETTY MUCH ALL OF ALL OF THE CONSTRUCTION MANAGERS AND THE KANSAS CITY METRO AREA TOOK A LOOK AT THIS.

SO WE'RE VERY EXCITED THAT WE HAD A GREAT REVIEW TEAM MADE UP OF OF KIND OF THE USERS WITHIN BOTH OF THESE USER GROUPS, HUMAN RESOURCES, WHICH, YOU KNOW, MANAGES THE LIVE WELL HEALTH CLINIC.

THEY WERE ON THE TEAM. OUR INFORMATION TECHNOLOGY DIRECTOR, JERRY SWINGLE, WAS ON THAT TEAM.

AS YOU KNOW, HIS TEAM WILL BE A PART OF FIRE STATION SIX AND THAT PROGRAMING.

SO WE WANTED TO INCLUDE HIM AND HIS TEAM IN THOSE DISCUSSIONS.