Good evening.

Welcome to the regular meeting of the Olatha City Council for Tuesday, June 2nd, 2026.

The next item on our agenda is the Pledge of Allegiance.

Would you please stand with me for the pledge?

I pledge allegiance to the flag for the United States of America and to the Republic for which it stands.

Indivisible with liberty and justice for all.

We uh have one quick change to our agenda tonight at the request of staff.

New business item C will be held for a l a later date.

We'll now move to special business.

First item on our agenda is item A, consideration of resolution number 26-1044 appointing and reappointing members to the Aletha Public Art Committee.

Do I hear a motion?

I move to approve resolution uh resolution number 26-1044.

Second.

We have a motion and a second one.

The city clerk please call a roll.

Mr.

Bacon.

Yes.

Mr.

Sconover?

Yes.

Dr.

Felter.

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex.

Yes.

Mr.

Creighton.

Yes.

Mr.

Dinal?

Yes.

Motion passes 7-0.

Our public art committee works to inspire, educate, and engage our community with art, something that raises the quality of life for everyone.

Here to introduce our new and reappointed members is committee chair, Chelsea Walker.

Chelsea.

Good evening, Mayor Bacon, City Council members, city staff, and guests.

So I'm just going to tell you just a little bit about our committee and what we've been up to this year.

I am just so pleased to welcome our members and we're just so also grateful for your willingness to serve in our community.

And the mission of the Olatha Public Art Committee as Mayor Bacon discussed is to make Olatha a memorable, distinct place where culture is appreciated and celebrated.

We work to integrate art into public spaces, support local and regional artists, and create opportunities for residents and visitors to connect with each other in creative ways.

Over the past year, our committee has been involved in a number of exciting initiatives.

We continue to manage the outdoor sculpture series, bringing new pieces of art into our parks and public spaces.

And that used to be kind of all we really focused on.

But now we are preparing for the fourth annual Olatha Arts Festival this October, four years, which is amazing, which has grown into one of our community's signature culture events.

In addition, we're working to create a gallery space here at City Hall, which would provide exhibition opportunities for local artists, and it would definitely elevate this building through art.

The committee is currently managing a call for artists for the new downtown parking garage, and the architects have done a great job providing lots of opportunities for art installations there.

And we continue to advance our mural underitiative, which has a goal to bring vibrant spaces to our newly revitalized downtown.

I won't get into everything else for the sake of time, but these projects reflect our belief that public art strengthens community and identity, creates welcoming spaces, and enriches the quality of life for everyone who lives, works, and visits here.

To our new and existing members, thank you for joining us in this important work.

We look forward to your ideas, perspectives, and contributions as we contribute to building a more creative and connected Olatha.

Thank you.

Now I'm going to call forward the new appointees, and the first would be Frank Varin.

Thank you, Mayor.

Thank you very much.

Now I usually don't make too many comments because I've got myself look foolish.

So but thank you very much, Mr.

Mayor, and thank you, City Council, for you've allowed me to be part of this.

Next is Michelle Cormac.

I'm not never a stranger to speaking in front of people.

I'm very, very, very excited to be a part of this.

I have lived in Olatha for a number of years, and I'm a struggling artist here in the community, but I I love what Olatha stands for, and I'm excited to be able to use my what I'm passionate about to help out with this committee.

So thank you all very, very much.

Next we have Greg Dixon.

I just want to thank everyone for the opportunity to work with these great people.

I've been working with them for a few years on various projects.

And uh it's a great group.

Thank you, Mr.

Mayor, and thank you, City Council.

And next is Becky Giles.

Sure.

Thank you, Mr.

Mayor.

Thank you, City Council, for the opportunity to be a part of this group.

And it's been amazing to um help Olatha bring art and culture and theater and music and all the wonderful things elevate our community to bring more of that into our space in our beautiful city.

I'm excited to be part of it.

And this is our reappointment.

We're so grateful that he will put up with us again with all of his extensive experience in the arts.

We have Ron Fredman.

Just wanted to remind everybody that the name of our city means beautiful.

And the Public Art Committee is doing its bit to help ensure that we're good to our name.

Thank you very much, Mr.

Mayor and City Council for this opportunity, and thanks to all the citizens who helped make this a wonderful place to live in the future.

You know, we've got a beautiful piece that's going to be going up soon on 119th Street at the roundabout.

It's I can't wait to see it.

It's going to be uh something that people will probably drive a few miles to s to see and witness.

So especially at night.

So I'm anxious to see that.

All right, we'll move on now to item B.

Uh so this is recognition of honorable Judge Katherine Catherine McElheny.

Uh Judge McElheny is retiring after 15 years with the city, serving the past ten years as a full-time judge throughout that time.

She has been an important part of our team, and we're honored to have her here tonight so we can recognize her for all the work she's done for Olathe.

She's led from the bench with integrity, been thoughtful, just and always with a commitment to the betterment of Olatha.

During Judge McElhenney's time, she oversaw the establishment of our mental health diversion program.

She streamlined dockets for a better customer experience and led the way during important leadership changes among court staff.

Judge McIlhanny also had a significant impact on the culture in her workplace.

Court services program manager Brandy Feltur shared a story of how the judge helped to save her wedding.

After COVID derailed Brandy's ceremony plans in 2020, Judge McElhenney not only officiated the nuptials, but even helped with the paperwork.

So awesome.

And City Prosecutor Chad Sublett put it this way Judge McElheny is a great judge, but even a better person.

And that is reflected in the and the respect earned from everyone who uh who has had the opportunity to work with her.

He said her leadership, thoughtfulness, and commitment to doing things the right way made a real difference.

So, Judge, would you please join me up front?

I don't think you need this much anymore, but we thought you might want to cut this on the shelf.

Yeah, thank you so much.

This is great.

It has truly been my honor uh to preside over the Olatha Municipal Court for the past ten years as the municipal judge.

Protecting our community while offering compassion and resources to those municipal defendants who struggle with mental health and with drug addiction issues came naturally to me.

The partnerships that the municipal court has fostered with Johnson County Mental Health and with the Johnson County Department of Corrections continues to grow, providing more services and more options so more municipal defendants can make positive life changes.

I am happy with the state of the court and know in my heart that I am leaving the court in a very uh in very good and capable hands of Judge Kenny.

So thank you very much.

So we do appreciate the judge's service for Olatha.

We know it's a better place because of your involvement and uh wish you all the best in your next adventure.

So we'll now move to item C, which is uh a presentation of a service award to Bob Courtney.

Uh tonight we were also recognizing one of the our longest serving uh tenured volunteers, Bob Courtney.

Bob has also has been serving on Olathe Committee since 1999.

He served on our downtown master plan committee, the steering committee that led to the creation of the museum at Heritage Center at Mahathy.

He served on the Mahathy Board for 20 years in our Comprehensive Plan Advisory Committee in 2006.

Tonight he is here, so we can thank him for a service on our historic preservation board.

Here to say a few words about Bob is Board Chair Tom Kearney.

So Tom.

Good evening, members of the City Council and El Presidente Bacon.

I just want you to know we throw nothing away in our house.

These are those flyers you get on your uh door.

We save them and we print them.

My gosh, we're making the country better.

In the Western world, time is divided into B C and AD.

Now you all know what that means.

On the Olatha Historical Preservation Board, we divide time into BC and FC, meaning before Courtney, and Semper Conservare.

SC means always preserve.

Bob has been a driving force for local historic preservation since the inception of the board in 2009.

To date, at least 13 properties have been placed on the Olathe Register of Historic Sites.

These sites include his own house dating back to 1921, the Olatha Memorial Cemetery, Pickering, Hodges, Mahaffey, and Lanter houses, and many more.

Although I didn't join the board until 2018, I have seen the diligent efforts of Bob.

In addition to the recognized sites, the board has identified an additional 26 sites for consideration for the local historic register.

Also on the board's inventory are an additional 40 sites that can tell the story of our formerly little town.

We of the board will continue his work in identifying and registering these historic sites.

But of course, Bob has not been content just to work with historic properties.

In recent efforts, Olatha has erected signage denoting the Jefferson Highway, pine trees to palm trees, as this historic byway came through Olatha.

We all know of the historic trails that went through Olathe in the early to late 19th century.

You know, the ones designated by the brown rectangular signs that say the trail cross here.

Well, in concert with fellow historians, there have been identified numerous soft points where the trails probably crossed our area.

One of those soft points crosses the playground of Westview School, where I attended kindergarten first grade.

Thanks to his direction, the board will continue to cooperate with other cities to identify and erect signage at these points.

And as is well known, Bob has been instrumental in telling the Olatha story in video and in print.

If you have not already, please view the City Beautiful series and learn about the colorful characters and events that make up the history of Olatha.

And that's not all.

Bob has written two books on the history of the Olatha School system, which itself is almost as old as the city.

He assisted on the book Trails, Rails and Tails as well.

And Bob cannot escape his own history.

A few years ago I was in Victoria, British Columbia.

There was a street sign that said Courtney Street.

I took a photo of it, showed it to Bob thinking I could make a joke of it.

He had a little smile.

You know how that looks.

Twinkle in his eye, and said, actually, that was named after a relative of his.

The Courtney name is International.

Bob came to Olatha in the 1980s when the population was almost 38,000.

We are now a city of over 150,000.

What Bob has not allowed to get lost in that growth is the story of our town, born in the tumult of bleeding, Kansas to become the place that we all call home.

Thank you again and again, Bob Courtney, for all you have done for the Preservation Board, Olatha Schools, and the people of this city beautiful.

And by the way, don't go too far.

We will continue to need your knowledge of history to guide the board.

Thank you, Bob.

One of my memories in this room was back in 2007 when then Mayor Mike Haskin said, We're getting ready to celebrate our 150th birthday in Olatha.

We'd like for you to come in and speak about the history of Olatha and some of the highlights and things that were happening.

And by the way, you have five minutes.

And when I came in that night, and the place was full, it was standing room only.

And we got through the whole thing in six minutes.

And I apologize to Mike for taking so long.

But we went through from 1857 to 2007.

There's so much history in Olatha, and it's really been fascinating to discover it.

That's one of the neat things about history.

We're making more of it every day.

Thank you.

So thank you, Bob.

And I don't, you know, every community needs uh uh history buff like Bob Courtney to help guide it.

So we're so grateful that you're part of our community.

Thank you for all your influence.

We'll now move to our public hearings portion of tonight's meeting.

Item A is a public hearing in consideration of resolution number 26-1045 on behalf of 167 Olatha 3 LLC and a signs for an issuance request for industrial revenue bonds and phase in resolution for a single series project.

The project will entail the construction of a 76,000 800 square foot office building on 8.98 acre parcel at the northwest corner of 167th Street in Lone Elm.

Uh this would be the third building for Faith Technologies at this location.

Um do we have anybody that is signed up to speak tonight on this?

Is there anyone in the audience that would like to speak about on the in this public hearing?

Seeing none.

A motion to close the public hearing would be in order.

I move to close the public hearing.

Second.

We have a motion and second with the city clerk, please call the roll.

Mr.

Schoonover?

Yes.

Dr.

Felter?

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Mr.

Denald?

Yes.

Mr.

Bacon?

Yes.

Motion passes 70.

A motion to approve resolution number 26-1045 would be in order.

Is there any need for a presentation or questions of staff on this?

Seeing none?

Good.

I move to approve resolution number 26-1045.

Second.

We have a motion and a second with the city clerk, please call the roll.

Dr.

Felter?

Yes.

Mr.

Bacchus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Mr.

Denald?

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

Yes.

Motion passes.

70.

Item B, I'd like to open a public hearing and consideration of resolution number 26-1046 on a request by OFI manager, LLC, and a signs for an issuance request for industrial revenue bonds and tax phase in resolution for a single series issuance for two industrial warehouse office facilities.

The project will entail the construction of 260,000 870 and 80,000 square foot feet of industrial space on a 60-acre site east of the intersection of Monticello Drive and Ericsson Road.

This project would be adjacent to several existing facilities developed by the applicant.

Do we have anyone that signed up to speak in this?

Is there anyone in the audience that would like to speak in this public hearing?

A motion to close the public hearing would be in order.

I move to close the public hearing.

Second.

We have a motion and second with the city clerk, please call the roll.

Mr.

Bacchus.

Yes.

Ms.

Essex.

Yes.

Mr.

Creighton?

Yes.

Mr.

Denult?

Yes.

Mr.

Bacon.

Yes.

Mr.

Schoonover?

Yes.

Dr.

Felter.

Yes.

Motion passes 70.

A motion to approve resolution number 26-1046 would be in order.

I move to approve resolution number 26-1046.

Second.

We have a motion and second with the city clerk.

Please call the roll.

Miss Essex.

Yes.

Mr.

Creighton?

Yes.

Mr.

Denult?

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

No.

Dr.

Felter?

Yes.

Mr.

Bacchus?

Yes.

Motion passes 6-1.

Item C, I'd like to open a public hearing in consideration of resolution number 26-1047 on behalf of Mitchell Properties 2 LLC and assigns for a request for the issuance of industrial revenue bonds and tax phase in for a single series issuance for an industrial warehouse office facility.

The project will entail the construction of a 33,000 square foot industrial space on a 2.25 acre parcel at 15680 South Keeler Terrace.

This would also be an expansion of the applicant at their current location.

Has anyone signed up to speak in this anyone in the audience here to speak in this public hearing?

Seeing none, a motion to close the public hearing be in order.

I move to close the public hearing.

Second.

We have a motion and second with the city clerk.

Please call the roll.

Mr.

Creighton?

Yes.

Mr.

Dinald?

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

Yes.

Dr.

Felter?

Yes.

Mr.

Bacchus?

Yes.

Ms.

Essex.

Yes.

Motion passes 70.

A motion to approve resolution number 26-1047 would be in order.

I move to approve resolution 26-1047.

Second.

We have a motion and a second with the city clerk.

Please call the roll.

Mr.

Denult?

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

Yes.

Dr.

Felter?

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Motion passes 70.

Item D and E are related.

I'm going to open a public hearing in consideration of resolution number 26-1048 and also resolution number 26-1049.

Item D is a resolution number 26-1048 on behalf of Scanell number 798 LLC and assigns for an issuance request for industrial revenue bonds and tax phase in for a single series application under under a master resolution.

The project will entail the construction of a 646,380 square foot industrial facility on a 32.47 acre lot located on the northwest quadrant of 159th Street and Clare Road.

Both of these items and the DNE concern a business park and 159th and Clare.

This item is for an industrial building, and the next item is for a master resolution for the larger project.

So these two combined is anyone in the audience that would like to speak in this public hearing.

No one signed up to speak.

A motion to close the public hearing would be in order.

I move to close the public hearing.

Second.

We have a motion and second with the city clerk, please call a roll.

Mr.

Denult.

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

Yes.

Dr.

Felter?

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Motion passes 70.

A motion to approve resolution number 26-1048 would be in order.

I move to approve resolution number 26-1048.

Second.

We have a motion and second with the city clerk, please call a roll.

Mr.

Bacon.

Yes.

Mr.

Scanover.

No.

Dr.

Felter.

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Mr.

Denult?

Yes.

Motion passes 6-1.

Item E is uh resolution number 26-1049 on behalf of Scannell Properties number 476 LLC and assigns for an issuance request for a master resolution for industrial revenue bonds and tax phase in for the construction of a business park.

The project will entail approximately two buildings totaling 683,800 square feet on a total of 43.54 acres located on the northwest quadrant of Clare Road and West 159th Street.

Need for a question or presentation?

No.

So a motion to approve resolution number 26-1049 would be in order.

I move to approve resolution number 26-1049.

Second.

We have a motion and second one.

The city clerk please call the roll.

Mr.

Screenover.

No.

Dr.

Felter.

Yes.

Mr.

Vaucus?

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton?

Yes.

Mr.

Denald?

Yes.

Mr.

Bacon?

Yes.

Motion passes 6-1.

Okay.

We made it through all our public hearings.

We'll now move to the consent agenda.

The items listed below are considered to be routine by the City Council, 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.

Council, are there any such items tonight to be considered?

So a motion to approve the consent agenda would be in order.

Well I move to present to approve the consent agenda as presented.

That's items A through F, six items.

Second.

We have a motion and a second with the City Clerk.

Please call roll.

Dr.

Felter.

Yes.

Dr.

Felter.

Yes.

Mr.

Vacchus.

Yes.

Ms.

Essex?

Yes.

Mr.

Creighton.

Yes.

Mr.

Denult?

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover?

Yes.

Motion passes 70.

We'll now move to new business.

Item A is consideration of ordinance number 26-27, which is UDO 26-0001.

Amending Title 18 Unified Development Ordinance, Chapter 18.20-0 or.260 pertaining to the North Ridge View Road Overlay District.

These changes would better align the district guidelines with the new Elevate O Lathe.

The comprehensive plan, senior planner, Jessica Schuler joins us for a presentation.

Welcome, Jessica.

Thank you.

Good evening, Mayor and Council members.

Jessica Schuler, Senior Planner.

And as introduced, this is an amendment to the UDO 182260, the North Ridgeview Road Overlay District.

This district has existed in our code since 2002.

It serves as an additional layer of development standards for the area between K-10 Highway to the north and 119 to the south, roughly a half mile east and west of Ridgeview Road.

The purpose of the overlay is really to promote high quality development and create a positive first impression as you enter the city from K 10 Highway.

One of the primary things this overlay district does is restrict certain land uses on various properties.

So the overlay specifies that if a property is currently zoned agriculturally, then it can only be rezoned to Office C1, C3, or BP districts.

Since 2002, there is only one remaining agriculturally zoned property in this overlay, and that is at the northwest corner of College and Ridgeview.

The overlay also restricts land uses within those various office and commercial districts, including various auto-oriented manufacturing and industrial uses with outdoor storage components.

The overlay is also attached to design guidelines, and they include a set of design criteria for sites, landscaping, and architecture.

The intent of the guidelines is to encourage harmonious development building designs and themes.

LLB Olatha is our recently adopted comprehensive plan, and it includes the northern portion of that existing ridgeview road overlay in what the plan calls a sub-area.

Sub-area's received additional planning and design considerations as they are areas of the city that are seeing more rapid growth and development.

The sub-area takes a look at undeveloped properties as well.

It identifies feature land use opportunities, locations suitable for mixed use, commercial nodes, multifamily uses, etc.

Extensive public engagement went into the development of these sub-area plans.

The city held open houses.

So as such, staff is recommending some adjustments to this overlay district.

We are recommending that we amend the boundary of this overlay to remove the land area north of College Boulevard and allow that area to be guided by our Elevate Olatha sub-area.

That action would remove the land use restrictions on that last remaining agricultural zoned property and allow elevate Oletha to guide development there.

We would recommend that the overlay and associated design guidelines remain in place for the land area south of College Boulevard.

There are still a few development opportunities remaining here, and of course, always the opportunity for redevelopment.

So the existing overlay and design guidelines would ensure some continuity with our existing commercial development that is south of college in respects to building form, landscaping, etc.

Staff's full red lines were attached to your meeting packets.

The planning commission did recommend unanimous approval of these UDO amendments.

And with that, I'm happy to answer any questions.

Any questions of staff?

Thank you, Jessica.

I don't see any must have done a great job.

All right.

Any need for any comments or anything?

Motion be in order.

Thanks, Jessica.

Sure.

I move to approve ordinance number 26-27.

Second.

We have a motion and a second with the city court.

Please call the roll.

Miss Essex.

Yes.

Mr.

Creighton.

Yes.

Mr.

Denal.

Yes.

Mr.

Bacon?

Yes.

Mr.

Screenover.

Yes.

Dr.

Felter?

Yes.

Mr.

Faucus.

Yes.

Motion passes 7-0.

We'll now move to item B.

Item B is consideration of RZ25-0009.

Requesting approval of a rezoning from the NC neighborhood center district to the R3 residential low density multifamily district for Lone Elm Townhomes, located northeast of West 119th Street and South Owen Elm Road.

Planning Commission recommends denial 5 to 0.

This item first came to the council in January.

I think it was some of your first meeting that you were on the council.

So planning and development manager Kim Hollingsworth joins us for an update.

Welcome, Kim.

Thank you, Mayor and Councilmembers Kim Hollingsworth, Planning and Development Manager.

So we are back before you this evening with a lone elm townhomes development, the rezoning, and the concept preliminary plan.

So the property 7.7 acres is located northeast of 119th and Lone Elm Road, and the request before you this evening is a rezoning to the R3 district for a townhome development.

I'm going to go over the timeline just a bit because this case did start back last year.

So we were before the planning commission in December of 2025.

Staff did recommend denial of the rezoning request.

That was due to comprehensive plan policies, including providing complete neighborhoods, preserving commercial at the intersection of arterial roadways, and the continued suitability of this property for mixed-use commercial development.

The planning commission did concur with that recommendation and recommend denial 5 to 0.

So after that, we came to the city council meeting that was the first of this year.

There was direction provided to the applicant team to work with the neighborhood, consider commercial development.

So since that time in March, the applicant team did meet with the adjacent neighborhoods, had a conversation, and worked on a letter of understanding that you have in your meeting packet this evening.

So that was submitted to staff in April and May.

We looked at it along with that revised concept plan.

So we are back before you this evening with the same request of the RC R3 district, but with a revised plan based on that neighborhood feedback.

So that letter of understanding covered four main topics, one being the density.

So a reduction of the density from 71 to 64 townhomes, providing access to the development from Lone Elm Road, providing perimeter landscape buffers, and also consistent architectural design with the existing adjacent townhomes.

And so this is the revised concept plan.

It is still for townhomes.

There's no commercial included.

Also that reduction in density.

But I have provided for you just a comparison of what would be allowed in the R3 district.

So with no other parameters, there can be quite a bit more density, different land use types and height allowed in this district.

So I'm going to give a little bit of insight into the land use side of this.

So prior to the planning commission meeting, the Plan Olatha comprehensive plan was in place.

So that is what we used as our guidelines and analyzing this development.

There are several policies within the Plan Olathe Comprehensive Plan.

One of those main components is ensuring there's an adequate supply of residential and commercial land within our city.

Then in April of this year, we did adopt the Elevate Olatha Comprehensive Plan.

I provided a snapshot of the economic development map of this plan.

Just it does carry forward those same objectives of Plan Olatha, strategies about integrating commercial uses into residential neighborhoods at the appropriate locations, and then strengthening the city's commercial tax base.

One important thing to note here is just as an example, preserving those nodes of commercial along our trailer roadways.

You see it along 151st Street as an example as you work down Merlin at the intersection of those main arterials.

We have preserved commercial.

So the action before you this evening, you have a couple options.

One would be to deny the rezoning request, concur with the planning commission.

If you do overturn the planning commission's recommendation, that would take five positive votes of the city council or returning to the planning commission.

So I am available to answer any questions, as well as Kurt Holland is here representing the applicant team and would like to make a brief presentation.

Okay.

Thank you, Kim.

Questions of staff at this point.

Councilmember Creighton.

Yes, and Kim, this probably would be for Mr.

Love.

Could you uh Mr.

Love come up and talk a little bit about the traffic studies that were done with the I think this was that study was done some time back now with 119th Street coming up.

Um I'm concerned that the uh when we hear that there's not going to be a lot of significant increase of uh traffic on 119th Street, just uh support commercial um with all due respect and I'm because it's not my uh the area of expertise, but it seems like it's gonna be much higher traffic volume.

And it's one of those things that I I hate to lose potential commercial based on the uh possibilities that the traffic is actually going to be a greater so could you just quickly talk about the numbers and why we haven't adjusted those or just and set me straight if I'm wrong.

Yeah, Charlie Love, Chief Development Engineer.

So the the last uh traffic study that was kind of done in this area was the study that was associated with our 119th Woodland and Northgate uh project that's currently under construction at that time.

That study, I believe, was done and it's dated 2021.

So it is fairly old, but that was a study that we had that was there to kind of analyze the need for that project.

And so that study has a 2021, it's looking at existing traffic data, and then it also looked at two scenarios if it projected forward out to a year of 2045, one of those being if no improvements were made, but then the other one was if the North Gate, this 119th roundabout bridge project went through, there was a future traffic uh count that was associated with it.

So those are really the two um uh studies that have kind of given us a snapshot of of traffic volumes since then uh we've been collecting some data through various locations out there with just kind of annual traffic counts to kind of take little snapshots.

But what we don't have anything that's going to immediately tell you what the exact traffic is going to be once uh the the project that's to be slated there, the roundabout and bridge gets completed, which I believe is later this year in the fall of 2026.

Thank you.

Councilmember Councilmember Denult.

Thank you, Mayor.

Uh Kim, oh this is going to be a question for you.

Would you um be able to speak to some of the undeveloped uh area around this that is commercial that would perhaps give some opportunity to the neighbors there in Northwest Oletha for something to come in the future if this uh piece of land were to lose commercial?

Yeah, I'll speak to this from that land use layer of the new comprehensive plan because it provides that snapshot.

I've extracted out everything in color in bold here is going to be commercial of some type or mixed use.

Um so the concept of the neighborhood node is that you're focusing that within the neighborhood as you migrate west here and get to case seven, you're gonna have some areas that are going to be more of a regional draw, that bright red color um employment area mixed use.

Um there are just a sprinkling of properties that already have zoning on them kind of in this area, but generally some of these areas have county zone, they still need to go through a zoning action, but this is the vision moving forward of where commercial would be focused.

Have you heard of from anybody with those properties that they have anything in the works?

Uh we're we're always having active conversations with developers.

Um I'd say this area was selected as a sub-area very intentionally, uh knowing that there is a lot of development interest in this area.

Uh so presumably there could be development coming your direction soon, which is why we really focused on it during that comprehensive plan update.

Yeah.

But it could be a variety of types.

It might not just be commercially focused.

Um then I have a I think one last question right now.

It's more of a traffic question to kind of piggyback on what Jeff was asking, but um accessibility, I understand.

Access access into this piece of property, uh, I understand is a concern.

And if you have write-in, right out on Lone Elm, but no entrance on 119th, is this property just small?

So small in this particular location that there aren't good places for entrances and exits.

Yeah, it's typical that and Charlie can add in if needed, but it's typical that you wouldn't have access points near the intersection, right?

So that pushes that access point further away.

Um this is a piece that came off that neighborhood conversation.

Originally there was no access proposed off of loan almore 119th.

You would come through the neighborhoods.

Um this access point on loan arm came for that neighborhood conversation.

It does meet our access management guidelines.

Um but outside of that, it it could be challenging to have further access.

Okay.

Thought of one more question for you.

Okay.

Was there discussion about what any commercial might look like?

On this since the last meeting.

Yeah, so what we do have before you is the letter that was provided from the applicant team, which I'm sure Kurt Holley can speak to further of you know their analysis of the commercial piece.

Um our analysis is based on the vision out of the comprehensive plan.

Um so we did retain that commercial node that you see that pattern uh in the elevator latha comprehensive plan.

Okay, thank you.

Councilmember Essex.

Thank you, Mayor.

Thank you, Kim.

I just wanted to double check.

Were all neighborhoods invited to participate in that?

Because I from what I understand, not everybody was invited to the conversation.

Yeah, I maybe Kurt Holland can expand on this further.

I do understand the retreat at Foxville Village was included.

And then there is a master HOA of sorts that represents various entities of these Foxfield neighborhoods that were also included.

The letter that you see that was signed was really between the retreat at Foxfield Village, the current landowner, and then the developer, just because of the adjacency there.

But my understanding was that there were other entities of neighborhoods that were invited to attend.

Okay.

But staff was not present in that, so maybe um there could be more information provided by the applicant.

There were some that that it shared with me that they knew nothing about this conversation going on.

And just for my understanding, I think the reason we sent it back was to negotiate the clash between preserving some commercial and maybe doing some mixed sensitivity, and it sounds like nothing commercial came through in that negotiation.

Is that correct?

We have not received a plan that shows commercial in it.

And one more quick thing, if I may.

Sure.

So about another thing about the traffic situation.

Is it is it true that there are five schools within 10 blocks of that area?

At least five, including a private school.

That could be true.

Yeah, there's quite a there's several there's elementary middle schools around this area.

Okay.

Um thank you.

I was just checking on some of those facts.

Appreciate it.

Councilmember Schoonover.

Thank you, Mayor.

And thank you, Kim.

And and I kind of want to go back to the slide that was on before the comparison between what is proposed and what is allowed under under R 3.

Yeah.

And I guess I'm I'm I understand that that staff is saying we we don't think that this should change to R3 at all.

Our recommendation that yeah, we've laid out is keep it neighborhood commercial so it preserves that opportunity for mixed use development or commercial.

I I understand and I know we've got a whole but can you can you help me understand why the recommendation wasn't zone it in R3 with uh restrictions as proposed with the allotment for perhaps some commercial in there.

I guess why why are we saying don't don't re-zone this entirely versus if they want to do it, keep it at this.

Yeah, I'll try uh Ron is grabbing his mic, but I might start and then you can add in.

So our current R3 district doesn't not allow for commercial uses.

So if the ask is to the R3 district, you can't also mix in commercial.

That is one component.

And then the other component, council member, is we want to take the council's direction on proposed stipulations for an ordinance that you do not have in front of you tonight.

So recall on the presentation the request would be if if we had five votes to proceed with presenting you an ordinance, we'd bring that next time and try to articulate the staff stipulation, the stipulations that you would request that we include, and we could include stipulations that you mentioned in that particular rezoning ordinance.

Okay.

So to follow up on that.

So if we were to approve this tonight, if if council were to say proceed with our it's not as if they would be able to turn around tomorrow and build 132 units of apartments on this.

We would still have to go through the process to actually approve this with stipulations.

Correct.

And those stipulations would be in the reserve.

Okay.

And it would be effective upon publication of that ordinance.

All right.

Thanks.

So the city council could provide direction as to land use density, height, you name it, and that's something that we would put into that ordinance.

Because otherwise R3 district allows a variety of things by right.

And we couldn't also in that ordinance say we're going to allow some light commercial in here.

If if if we're approving an ordinance anyway that says, hey, we're going to do this and we're going to stipulate to stuff on this, why can't we just say council member, the R3 doesn't permit it.

But wouldn't we be permitting it by ordinance?

If you have it depends on the zoning designation that you determine that you want to approve.

So that's part of what we're trying to seek clarity from the governing body on.

Like the applicant is requesting what you have.

The proposed is the applicant's proposal.

Right.

Based off of what has been discussed and negotiated with the HOA in the A area.

So that's that's the question you have before you.

That's probably a question that you would want to probably talk through with Mr.

Holland after he does his presentation.

But it's R3.

And that commercial isn't by ride and R3.

So if you want to go back to the Ryan War a different zoning designation, that's a different matter.

But but I I take your point that commercial isn't allowed under R3, but if we're if we're putting in stipulations or or restrictions under R3 anyway, you're saying we couldn't, as part of that package, say, oh, we will also allow you to do some light commercial in this through that.

We'll consider a different zoning designation that would allow that use.

That's what I'm saying.

So that's what I'm getting at.

Okay.

Yeah.

And it could create some challenges because we don't have the dimensional standards attached to the commercial in the R3 district.

So if you add the land use piece in, and then we don't have the dimensional standards that relate to commercial, the landscaping buffering requirements, it would be uh it's maybe not impossible, but it would be very challenging.

Okay.

Yeah.

All right.

Thank you, Kim.

Thank you, Kim.

I don't see any other questions.

At this time, I'm going to let the applicant come up and and current if you want to uh give you five minutes to present and then we might have some questions for you.

Thank you, Mr.

Mayor.

And members of the council.

My name is Curtis Holland.

I'm legal counsel for the uh landowner, uh New Bedford Land uh development company represented here by John Lambert.

Um we uh currently, or Mr.

Lambert's company currently owns the property and appreciate your comments and your questions tonight.

Um I I just I wanted to say uh I've been at this for a long time.

And um and I haven't really had uh an occasion very often where we we are directed to go visit with the residents and we we actually do that.

Um we invited uh we had a good discussion with them.

Uh we we we invited the entire HOA and really I think that came through the members that uh we visited with.

Uh at the meeting we had uh members of the retreat at Foxfield Village, the immediately adjacent townhome, who have really the most interest in this development because they're right next door to it.

Um but we also had representatives from the larger, the HOA, the big master HOA were there and present.

And we negotiated in good faith with them.

We had a really good discussion with the those folks.

Um and if you'll recall, we had a room full of people who who were opposed to it, and really I think by the end of that meeting and through the discussion, the negotiation, uh we we came up with a plan that that they were very happy with.

Um and that's the plan that's presented to you before you tonight.

It's in it's a it is a concept plan, but we've committed to uh this to to our neighbors through a letter of understanding that we would commit to these um uh criteria that were presented to you that the the reduction in the density, uh location of an access drive.

Buffering and screening was a big important issue for them, and we've agreed to uh to that with them, as well as the architectural design of the buildings.

We've committed to continue to work with them as we move through the excuse me, the next process, which is preliminary development plan and final bill plan.

And usually in this process, the way it works is those stipulations that you're talking about would be uh vetted and and really uh come through with a preliminary development plan, which would be the next stage.

And and it's gonna be uh a meeting and the residents are we're gonna meet with them again, and we're we're gonna we've we are committed to uh the letter of understanding that we've entered into with our with our residents, our neighbors.

And uh we we really appreciate their time uh and uh think that the discussion was very good.

So uh we think we've done everything that we can to please the neighbors and and when we walked away with uh direction from the council to do exactly what you said.

With respect to the commercial and possibly putting any commercial here, as I detailed in my letter, there really isn't uh uh any grills uh opportunity for commercial at this corner because of the size of the property, the access to the property, uh, the trips or traffic that's that you would need to uh support uh retail development on a site like this isn't there, won't be there with the uh completion of 119th Street, I believe uh the staff uh traffic uh information at the time said that uh there would be approximately 9,000, an increase of trips that would be about 9,000 almost immediately, and then in 20 years maybe we would bump it up to 13,000, I think is what was said.

You need way more trips per day traffic to generate any kind of support for retail here.

Uh there is uh as as as as as uh you pointed out, uh there are opportunities for other commercial development in the area.

There uh uh and so I think that there's a chances for that potentially in the future.

There's not any that we've heard of uh uh interest in those developments at this point.

I don't know who staff's been talking to, uh, but we know all the commercial people.

We are uh the the buyer of the property is a commercial developer.

Uh if there was any chance for this to be developed for commercial, we would do it.

But it's been zoned for commercial for 20 years.

And I think if you're asking the landowner to wait for another 20 years when there might be some increase in traffic that could support retail, I I just don't think that's fair to the landowner.

Really it is not.

Uh and I again I think we've we we walked out of here in January, January with instruction to meet with the residents.

We did do that.

We went through the hard work, we've agreed to uh the items that concerned them most, and we have their support.

So uh we're really hopeful that you could see see your way to supporting this application, even though staff has uh you know recommendation as they have and planning commission does as well.

But I I really think that you uh with the discussions we've had with the residents uh that we've sort of turned this project around and hope that you can support it.

And with that I would close and take any questions.

Thanks.

Thanks, Kurt.

Uh Councilmember Felter.

Thank you, Mayor.

Thank you, Mr.

Holland, for um going the extra mile and working with residents.

Um it seems like none have shown up to protest tonight.

It's a different room than we had in January.

So it seems to be reflective of your work.

Um the trip count.

So the projections per day.

Just as a commercial attorney, when you do commercial developments, what would your target trip count be per day?

Well, it depends on the type of the retail development, but I would say at least 20 to 25,000 trips per day to get you anywhere near the the number of traffic or that would be necessary to support retail development.

And to sort of try to slide in a little bit of commercial development here isn't going to work.

It's just too small of an area.

Uh commercial development won't work like that.

You can't have a little small coffee shop mixed in with some townhomes or other residences or a sandwich shop.

It has to either, you know, I appreciate the whole mixed-use concept, but on a property that's this size, it's never going to work.

It's just too small.

I appreciate it.

Um I'll make a couple comments if it's appropriate at this time.

I've supported this, uh, even your initial presentation because I uh solely on the fact that this is sat as raw ground, and I believe in landowner rights eventually.

I mean, we as a city need to have commercial developments.

I've said that over and over again, but I think we also have to look at it through a lens of practicality on what will work.

And I think the count, the traffic count is not there yet.

And I don't think it's um doing our city a favor when we need houses of the type that you're offering.

It's called the missing middle.

And we just heard it from a housing study earlier today that that's exactly what we need, and you're bringing it to us.

I I can't do anything but vote in support of this.

And I thank you for making it more palatable for the neighbors and for coming back and give giving a second run at it.

And staff, I appreciate you trying to preserve this as commercial.

But I think um the landowner rights and the need of housing for our community trump the the waiting another decade for what might happen here.

So I mean yes on this.

Mr.

Holland, um, it looks here like uh the board president or the representative of the board of directors of Foxville Village signed it.

Was there a some kind of action by the board or uh the association, or how did they give him the authority to sign the way this was negotiated uh as my understanding is there was sort of a hand-picked uh selected group of people that were represented the HOA and uh they did, I understand, talk with the HOA members and had authority to work through the process with us.

Okay.

And we relied on that.

Okay.

And um, you know, like I mentioned, we they were involved in all uh in the communications uh with us, you know.

So uh I think there will the HOA was adequately represented during these discussions.

And uh again, I think they it's it's uh it speaks to uh to our efforts and their efforts that we were able to come to this agreement with them.

And and like I said, we we uh uh intend to honor it uh and you know they're gonna be involved as we move forward through the preliminary development plan process and the final development plan process.

They'll have an opportunity to speak in the future on it.

Um but I think everybody is gonna be happy with what we uh end up with here at this corner.

And it looked like you are still in uh negotiations or in discussions with the HOA as far as dues, being a dues-paying contributor.

We talked about that.

And you know, uh if if we're fortunate enough, we'd like to we'd like to continue those discussions with them and be open really at their direction what they would allow because it's their neighborhood and we're we want to be part, you know, part of the community, but really we would defer to them on a lot of that issue.

Okay.

Councilmember Denoll.

Thank you, Mayor.

I'll be real quick.

Um question I want to ask um has this piece of property been marketed as commercial since knowing about the 119th Street range.

It's been it's been marketed for commercial since 2005 for 20 plus years.

And uh so yes.

We we have representation I mean, I could let Mr.

Brooks speak to it.

He's a the our broker uh and he knows the commercial market very, very well.

And uh I don't know if you need to speak to that or want to speak to that, but this there's really zero opportunity for commercial at this corner.

I guess my question is is has it been advertised saying, hey, this property zoned, can have commercial.

There's about to be a bridge that opens up to see if there's anyone interested.

That was my question.

My curious.

I'll let the broker speak to that.

Okay.

Just please state your name and address for the record, please.

Robert Brooks, Copacon Brooks.

Uh my address is uh 111 uh one main street, Kansas City, Missouri, 64108.

Uh yes, this has been actively marketed for commercial since 2005 and up till now.

Really, because we don't have a deal as commercial.

And anyone in commercial retail today knows about the 119th Street extension.

So yes, to answer the question.

And since January, um how far did you go at looking at commercial?

Was it looking at the numbers, or did you actually drop plans and come up with any ideas what may be to be?

Well, I mean, by then we we were pretty familiar with what could potentially be here and not potentially be here based on traffic counts and based on what the market reports have said.

We submitted a marketing a letter from uh that's part of your packet that were by uh submitted by expert commercial brokers.

And and uh there's just no real opportunity.

So it it to us, it's not a chance you we're not gonna go uh try to drop some plan for commercial and try to fit it in here when we know it won't work.

Okay.

Um it would be a wasted effort.

We focused our efforts on meeting with the residents and getting what they wanted there.

And so I think they were all happy with what we did.

So that that was that was what the way we approached it.

Okay.

I think what I was looking forward to was, of course, you talking to the residents, which I'm very pleased uh that you guys went out and did.

They're happy.

So well done.

Thank you for doing that.

The other side of that was uh I was hoping to see a little bit more what you could come up with on the commercial side.

That said, this is housing.

It's not really big expensive homes.

So I'm happy that there's something uh presented that can add some housing that uh some people can afford that aren't making a ton of money.

Um the other part I was thinking about is the access with the streets, as I've said.

Um I love the neighborhood center idea.

I would love to see it work.

Personally, I think there's a sliver of a chance.

But I understand where you come from, the access and stuff like that.

Um little bit more sold on on this, thinking about it as as more people talk here, but uh I do definitely would have liked to have seen a little bit more uh ideas on the commercial side.

I appreciate that.

Uh and if we had if we had any inkling that we could put commercial development here, we would do that.

I would I would also remind you there's commercial zone commercial right across the street.

Uh approximately 40 acres of land just sitting there vacant.

Uh we think if there's any opportunity for commercial in this neighborhood, it's probably going to go right there next to us.

Understood.

Thank you very much.

Thank you, Mr.

Holland, for being here.

No other questions?

Um other discussion or questions of staff.

If I Yeah.

Thank you, Mayor.

If I could just uh a few questions for staff.

So Kim, just procedural.

Um deny we're only dealing with the request for rezoning.

We saw uh schematic of a preliminary site development plan, but we're not voting on that tonight.

Correct.

Will this come back to us?

Yeah, so it depends on the action you take.

But let's say you did overturn the planning commission's recommendation to you know prove it.

We would need to return with an ordinance.

You do not have an ordinance in front of you this evening.

Right, right.

So any direction you provide tonight we would take on anything that staff would typically recommend on an R3 district, we would bring that before you at a future council meeting.

Um the then the plan comes later.

Typically, the our typical process is that goes to the planning commission, and it's really just looking against UDO requirements.

Yeah.

Okay.

Got it.

But you know, I'd comment in general, I'm very appreciative of staff's due diligence in uh in a desire to preserve this commercial corner.

Uh I I think I agree it is a bridge too far.

It just is not possible to support commercial and the housing that we're talking about.

And to that thought, then the land to the northwest, there is more commercial space available there.

Is that correct?

I'm talking to a map.

You're talking just right here.

Yes.

Yes.

Yeah.

It's I'm going to approximate 12, 17 acres, something like that that does have commercial zoning in the ground.

Yeah.

I think, you know, once uh 119th Street is open all the way east, it's going to be a new day.

And we're going to adjust and once we see how traffic develops.

You know, obviously I think that will take traffic off of college, which will be interesting.

Um, but it's certainly going to grow uh more high on traffic count than we realize as Olaf continues to grow.

I'm challenged, you know, as we look a mile north to college in Lone Elm, the tremendous amount of development we have there with the new Dillon store.

We have two coffee shops there already.

There's going to be an embedded coffee shop, a Starbucks and a Dillon store.

It's just going to be so much there, just a little bit to the north.

The idea that this South, this northeast corner at 119th could support standalone sandwich shop or standalone coffee shop, just seems too too much, you know, unrealistic.

But to the immediate west, to the northwest, there's more room there for development to occur.

So I again I very much compliment staff for for the work on this and the intent, the intent is spot on.

I am inclined to support this project though, and approve the uh the rezoning.

Thank you, Kim.

Appreciate your work.

Councilmember Essex.

Thank you, Mayor.

Kim, if you don't mind, a few more questions.

Um, maybe comments, I would say.

The prospect of having commercial across the street, it's it's a small parcel across the street as well.

And I know most of the neighborhood centers that I have seen north in that area is is like a strip mall with sandwich shops and and various stores or or maybe a convenience store or things like that, that it would take both sides.

My it just breaks my heart that we are pushing out commercial more and more every day.

I love the missing middle idea.

I love that they were building townhomes are definitely needed.

I feel like you guys went above and beyond um to talk to the residents.

That means a lot.

I will say I've had um residents tell me they heard nothing and the HOA didn't tell them anything.

So I'm concerned that it's not as um you know Kumbaya as we're hearing.

Um but you know there's there's worries about traffic, but then there's not enough traffic for commercial.

I'm I'm just so conflicted here that um I I I don't think I can support this, but um I just hate seeing more and more commercial getting pushed out because ultimately we want to broaden our property tax base too, and people love to just jump in their car and run and go get something at the quick trip or you know, whatever that's gonna end up being.

Um it just the neighborhood center idea is something that's near and dear to me.

So that wasn't really a question.

I'm just watching your facial expressions.

So thank you.

Councilmember Felter.

Thank you, Mayor.

And Kim, just for clarification, we could we put a quick trip there?

The neighborhood center district, no.

Um that zoning district is a little particular about the scale of the commercial uses.

They are supposed to be um Arbor Creek is an example of that, or a smaller one is 127th and FLOM has this zoning.

We do have about six of this zoning district currently.

Um so a quick trip, not exactly.

I wouldn't say that would fit the existing zoning unless it went to a different commercial district.

Yeah.

Yep.

I don't see any other questions or comments.

Uh motion be in order.

Thank you, Mayor.

Take a stab at it.

Yeah.

I I move uh to approve RZ 25-3009.

Mr.

Second, yes, yes.

Okay, so if we look at our screen.

Look at our screen, Councilmembers.

You don't have a rezoning ordinance before you.

Are you doing number two?

What we're what staff is suggesting is if you're wanting to do what you're suggesting, I think, Councilmember Vacas, is you follow two.

And you start with you're just requesting staff to provide an ordinance for the city council to review at a future city council meeting.

And then we will return to you with a rezoning ordinance that has the stipulations that you give some direction for us to include in that rezoning ordinance.

Thanks, Roland.

Okay, good.

So with that in mind.

So go to page 348.

Okay.

And there are some recommended motions there, and I think he's referring to motion two.

Okay.

Or right here on this slide, or right there.

Oh, you got it right there.

Okay.

Okay.

There you go.

Okay.

Yeah.

No, no.

So we're going with number two.

Good.

So I I I move then that we overturn the Plan Commission recommendation for denial and request staff to provide an ordinance for City Council to review at a future City Council meeting.

Second.

We have a motion and a second.

Would the Civic Clerk please call the roll?

Mr.

Denult.

Yes.

Mr.

Bacon?

Yes.

Mr.

Schoonover.

Yes.

Dr.

Filter?

Yes.

Mr.

Vaucus?

Yes.

Miss Essex?

No.

Mr.

Creighton?

No.

Motion passes.

5-2.

Okay.

All right.

Looking forward to the ordinance, yes, Kim.

You have more information for us.

One clarifying question of the City Council based on the motion that you just made.

Are there certain parameters you would like for staff to consider in the ordinance or provide a recommendation to you that you would react to at a future city council meeting?

Okay, are there any land use, density, height?

These are examples of things we typically see in an ordinance that you would like to see.

At this time to maybe piggyback on that, I think staff had included some of the items that are in this letter that was negotiated.

Right.

As a guidepost for you.

That's what I would like to see.

I think that the negotiation has worked so far.

The neighborhoods found something that they can live with.

I think uh the developers found something that they can uh provide and not go bankrupt.

So that's what I would like to see.

So the 63 units or 64 units that's being presented.

Yeah.

Uh something that I would expect to see.

Yeah.

Yeah, we can use this as a guide of the items that align with the letter of understanding regarding density, number of units, things like that.

Yes.

Yeah.

Okay.

Thank you.

Thank you, Kim.

Uh we'll now move to general issues and concerns of citizens.

We have one individual that is signed up to speak tonight, so would the city clerk please read the guidelines and then call up our speaker.

The council has extended this privilege to allow people to who live and work in Olatha to address their concerns to the City Council.

Speakers must only address the council, and council members are not required to respond.

Please treat others with kindness and respect.

Please go to the podium, state your name for the record.

Welcome.

Good evening.

Good evening, Mayor Bacon, and members of the City Council.

Thank you for the opportunity to address you this evening.

My name is Sharon Rodriguez, and I live at 1440, West Prairie Court, Olatha, Kansas, which has been my home since September 4th, 1998.

I am here tonight to ask you to consider changing a current city policy that is making it difficult for me to live in safe, independent, and accessible housing as I age.

It is now 2026.

It has been oops.

Sorry, I missed a page.

In September 2009, I accepted an Olatha home rehabilitation loan with good faith.

Used it for the intended purpose, complied with the program requirements, and remained a responsible homeowner and resident of Olatham.

At that time, the city's home loans had no forgiveness clause.

I have since come to understand that the Johnson County Housing Authority provided the same loan at a hundred percent release after ten years.

It is now 2026.

It is 17 years after my original loan.

While the original repairs have lasted past the expected 10 years.

However, in the years since accepting the repair loan, I have had two cancers, a pacemaker inserted, and a stent in my car carotid artery, which have resulted in significant medical bills.

As a 79-year-old woman on a fixed retirement income, I'm faced with rising mortgage payments, property tax, insurance, utilities.

Oh heck, everything is rising.

This year I had another cancer.

This time the chemo cost.

Please continue.

The chemo cost $2,048 per treatment.

I had six treatments.

Well, they unlike the housing program denied my previous hardship request for release from this loan.

I am here to ask you to please consider changing this policy so that people like me can at least have the opportunity for a 50% loan forgiveness, if not more.

I want to remind you that the aim of the program is to help low-income and aging homeowners like me to have an accessible and safe non-burdened, not burden them with debt.

Thank you for your consideration.

Thank you.

Okay.

We will now that's our only speaker tonight.

So we will now move to uh we'll convene a planning session of the City Council.

Uh we have four reports?

Three reports.

Um is there any need for polling report one?

How about report two?

Yes, one.

Councilmember Creighton.

Uh yes, I would like to see if I could get a quick summary from Ryan Arter.

Spoke to yesterday.

And this was a long report, a lot of things to read.

Give us five or six bullet points on what the impact is going to be on Oleka.

Absolutely.

Happy to uh good evening, Mayor, City Council, Ryan Arter, Chief Building Official.

We are going to be talking about the uh international residential code and how it relates to the new Senate bill that was just signed into law.

Let me see if I can get my guide a quick here.

Um 418 mandates the use of the 2018 IRC for housing under 2,500 square feet.

Uh we're looking at this and evaluating it and proposing it uh to use it for uh all uh housing of all sizes.

Uh we're proposing to amend it to the current uh proposing to amend the current municipal code for efficiency and regulatory purposes, and establishing compliance with the intent of this new bill that goes into effect uh quickly here on July 1st.

Once again, the International Residential Code applies to single family, two-family, and town home projects.

It's a quick recap.

We'll jump into some of the bullet points.

Um essentially the majority of those 36 pages, 36 some odd pages is just re-establishing chapter one of the IRC.

Right now, we have previously amended that all of the chapter one uh for all of our code books was pointing to and coming out of the IBC, which is essentially for simplistic purposes, the the main code book for commercial properties.

Well, now that we're having this split, um we think it's appropriate uh to bring that chapter one, which is establishing the rules and how to enforce the code back to the residential code as it was written.

Again, uh most of the changes that are in there are bringing back the amendments that we have on the IBC for Chapter 1 back to the IRC as they are previously written, maybe with a few little slight adjustments for clarity.

Another uh main change that we are proposing is care facilities in a dwelling.

Right now we've got an amendment that is a little more relaxed than what the code requires, and you might uh have heard of home pluses or any really any other custodial care facilities.

And we're proposing to remove that and um in collaboration with the fire marshal and our legal staff, uh we just use the IRC as it's written, which allows up to five folks in a single family residence that need care as long as they have sprinklers installed.

And that's the 2018.

That's a 2018.

Yes.

Storm protection areas.

This is a another amendment that we adopted, and um it is uh well received, except we would like to propose that on we we've got one line in there that if it's an existing home and if it's remodeled more than 50 percent that we need to add in a storm shelter.

And I think at the face value, that looks pretty good, but we've learned over the years that when we're talking about historic homes or smaller homes that don't have a garage or a basement, and we're having this requirement in put in there, it's a little ex it's difficult at times to get.

So uh we're proposing to remove that language out, which is in line with other jurisdictions.

Another change is uh renewing a permits.

It's just a fee uh change.

Right now, when a permit expires, our current language says um you'll pay a new fee based on the w value of the work that's remaining.

So we have to put that back onto the builder to give us the value.

It's always not what we think it is, and there's an argument so of sorts um to be more in line with the surrounding jurisdictions, which I think all of them are doing.

We're proposing to just make this 50 percent of the original permit fee to renew your permit.

If it expires.

Another uh small item is homeowner identification.

Right now our ordinances state that if you are the primary residence of your home and you feel like you can do the work yourself, you can sign an affidavit that says I'll do my own deck, for example, or my own remodel or anything on your primary residence.

And um what we're proposing is to add a uh a line in there that we need to verify that with a state valid uh identification.

Just to verify that those folks uh are living in that residence to maybe circumvent a loophole of investment properties and others that come in and say that they're living there, and we know ultimately we find out that they're not.

They should be getting license contractors in those scenarios.

This is not so it's only for primary residents, not another property that you own and you're responsible for.

You can't be responsible for the repairs there yourself.

No, you can't.

An investment property, no, it needs to be a licensed contractor.

Okay.

The remainder of the items are uh several small technical changes uh to clarify existing amendments.

This is for ease of builders, understanding, ease of inspections.

Many things are just um small little corrections.

Uh we are also proposing to add an exception to allow three steps from an exterior door without a landing, for example, um like a sliding glass door, and this was an HBA recommendation, so I think this is a good time to add that in there because we agree.

And um really the overall intentions are to balance the application process, our plan review process, the builder's experience and inspection efficiency, while just remaining a compliance with the new law.

That leads me to the remainder of the 24 uh codes, which is a whole slew of code books that will continue that adoption conversation at a later date.

And at this point, I'm happy to take any questions.

Thank you, Ryan.

That's everything I had.

Okay.

Any other questions of staff on item eight?

Councilmember Schoonover.

Thank you, Mary.

And thank you, Ryan.

Um I I haven't thought this all the way through, but the requirement for a valid state-issued photo identification.

What do we do if we have folks in our community that don't have a valid state-issued photo identification?

That's uh that's a good question question.

And we're not unreasonable.

Um I think that there is some level of hopefully some the intention is is to require those that we know that are flipping homes to have proof that they live in that house.

There are many times that we get this signature, and then I just ask them directly, you know, and they say, now you're right, I don't live there.

So is there any other type of documentation that they could use other than a state issued photo ID to show that they're that they actually live there that they that you know they receive utility bills or or you know whatever the case may be I just I worry that we're gonna have folks for whatever one reason or another don't have uh a state issued photo ID and can't meet that requirement I appreciate that and I've thought that through myself um you know uh at first we would look at Johnson County Ames hey do they own the property?

Well they do they own multiples and then hey do they have uh the utility bill bills yeah they're paying them is it their primary residence is what we need to validate and I'd be happy to consider any other method to verify that.

Really we're just trying to have one more level of verification here.

Sure.

And yeah I with this discussion with legal this is what we've got at this point.

Okay.

Ryan the primary residence is that a new requirement or is that part of 2018?

When was that in dot adopted I don't know that answer that but it's been in place for six years at minimum and I I I would venture to believe that it was longer than that.

All we're doing is adding this level of verification is what we're trying to get but you're also not allowing an a somebody that owns multiple properties like myself to work on my own properties.

And that's already in place yes sir so and I didn't I didn't know about that so that's interesting.

You have to have another contract or a licensed contractor do the work.

Yes.

Okay I don't know if ha have we had any problems with that as far as uh compliance that you know of yes quite a bit yes a lot it's really the investment property of the house flipper that we get um in yes okay all right would that work have to be permitted in most cases anyway if they're it depending on what they're doing?

Yes.

If it's if it's permitted required work they need a permit regardless it's whether or not they need a licensed contractor or if they can do it themselves.

So what do we talk about Ryan a a faucet?

No that doesn't require a permit we're talking about the only things that require a permit.

Correct to okay painting carpet finishes those things are not part of this.

All right.

Yeah this is if you're gonna build a deck or structure you mayor I think you're okay.

Well hey doing your own electrical work that's right you can change an outlet we'll let you do that but don't rewire switch a bad switch you're good but it has to have a city permit to do the work understood.

I got you now with you thanks yeah I'm glad we clarified I would encourage us to keep thinking about this issue because I I think it's a little too restrictive as it's as it's working I think that's going to be hard for for some folks to meet.

Okay.

Yep.

We'll do thank you.

Thank you.

Yes thank you any other questions on first that was good conversation Jeff glad you polled that how about uh on the uh IRB for 175 Commerce Center land LLC Report two how about uh report three another IRB request then uh the next item on our agenda is a need for an executive session um council members I would uh ask that we switch these and do B first if that's okay with everyone sure um and make are we thinking 10 minutes on B or 15 15 okay yeah let's do so um on item B I move that the Olatha City Council recess into executive session to discuss personal matters of non-elected personnel concerning municipal court judge candidates and the current municipal court judge pursuant to the non-elected personnel exemption provided in KSA 75-4319 B1 for 20 minutes 15 minutes okay and uh the open meeting will resume in the chambers at uh 845 p.m.

Second we have a motion and a second with the city clerk please call the roll Mr.

Bacon yes Mr Sconover yes Dr.

Felter yes Mr.

Bacchus yes Ms.

Essex yes Mr Creighton?

We are reconvening from executive session a motion to recess back into executive session under item B for ten minutes of the order.

I like it.

I like it.

We are reconvening from executive session a motion be in order on item B.

So on item B, I move the City of Olaitha City Council.

On item B, I moved to authorized the mayor to execute a contract with Matt Franzenberg for municipal court judge and the human resource director in consultation with the city attorney, proceed with the other strategies discussed and directed by the governing body.

Yes.

Mr.

Bacon.

We're good.

So go ahead.

Even though we're here before the sixty minutes was up.

All right.

Uh we are reconvening from executive session.

A motion be in order.

I move to authorize staff to proceed with the strategies discussed and and directed by the governing body.

Second.

We have a motion and a second with the city clerk.

Please call the roll.

Mr.

Denult.

Yes.

Mr.

Creighton.

Yes.

Miss Essex.

Yes.

Mr.

Bacchus?

Yes.

Dr.

Felter.

Yes.

Mr.

Schoonover?

Yes.

Mr.

Bacon.

Yes.

Motion passes seven zero.

We'll now move to additional items.

I'll start on my right.

All right.

Thank you, Mayor.

Uh, I wanted to take a moment and recognize that it's June, which means it's Pride Month.

Um I've always believed in accepting people as they are.

And I think that's important.

Uh reflect on the importance of being a welcoming community to all.

The other thing I wanted to bring up, um Susan, I know we had somebody speak uh up here.

Sharon Rodriguez.

And I'm not sure what to look at, but I'll say that I'm a little concerned and I'd like to look.

Uh so if there's anything you can look at uh in terms of policy, anything you can kind of guide us.

I would love to hear.

Thank you.

Councilmember Essex.

Thank you.

Just wanted to give a shout out to our wastewater treatment facility, Cedar Creek.

They earned their second Platinum Five Peak Performance Award, which is pretty amazing from the National Association of Clean Water Agencies.

Um wanted to mention um something pretty exciting.

Um wanted to also give a shout out to one of our best judges, Judge Maclehaney in her retirement, and I wish her the best, and boy, she set the standard.

So whoever comes behind her will have quite the shoes to fill.

And uh Bob Courtney, beloved Bob Courtney, so glad we got to recognize him tonight, and I'm sure he will stick around and um continue to be our historian.

So that's it.

Thank you.

Councilmember Vacus.

Thank you.

Councilmember Felter.

I'll just say ditto.

Councilmember Scoonover.

Thank you, Mayor.

I just also wanted to take a moment to recognize uh Pride Month and say that no matter how you identify or who you love, you're welcome here in Olatha.

And so thank you for for being part of our community.

I also wanted to give a shout out to our compost facility.

I was there earlier this week to drop off some food waste, and they literally had like every I think it's Bev that works.

Is it Bev or Barb?

Barb, forgive me for forgetting her name.

But they were they were wonderful.

The only thing I would ask is could we get like one of those big blue dumpsters for plastic bags that we could just have like out there that people could drop their plastic bags in.

That's the only thing.

They do a wonderful job.

There's two at Walmart.

Walmart on each side of town.

You can take your plastic bag and put them right inside the door.

Yeah, but I like that this way I don't have to.

They're open until 11 o'clock.

I take my other recycling there anyway.

How late do we stay open for the city?

I know, but it probably closes at five.

So after five training.

You know, like in the in the recycling where we have all over the city.

The big blue I have a lot of bags.

Yeah.

Anything further?

Sorry.

No, that's I mean, you you guys want to talk about anything else?

The green box?

Yeah, exactly.

Okay.

It's never fun to follow schoon over.

Uh just one thing.

Earlier this evening, we uh spent an hour talking about a housing study.

Um it continues to be a concern to the council.

It's part of our uh top priorities to attainable housing.

It's important to our citizens, and just kind of wanted to get it out there on the public record that we are still continuing to to work on it, and there are some ideas that are being formulated.

So uh keep an eye out, keep our feet to the fire, citizens at uh attainable housing is important, and we recognize that.

So thank you to staff for what you did on that report.

City Manager Susan Sherman.

Um Friday is wickets day, and I know we have a very competitive city council, and we have spots to fill.

So I'm looking at all of you.

Do we know who's going?

I know I can't be.

I think we are looking to fill spots.

So if you're available or have a friend that you want to play, maybe a son or daughter or something, could really fun experience.

Does it start before lunch?

130 is where uh the kickoff is.

So one o'clock registration, one thirty kind of wicket off.

I don't really know what the word is.

I might make it for the awards, but I'll be coming back from McPherson.

So the awards would be actual mallet troops.

Yeah, that's true.

I know we got some, yes.

Yeah, I've got a couple of those.

Uh thank you.

Um I have one item.

So we had a great crowd for at our fourth Fridays last month in downtown Olatha.

Uh we hope that if you weren't able to join us for that one, you can join us uh the fourth Friday for the month of June for a special Go Lathead uh edition.

It's June 26th from 11 a.m.

to 10 p.m.

It's a little longer instead of starting at 6 p.m.

it starts at 11 a.m.

at the county square.

We will have the uh World Cup matches on uh big screen, as well as family-friendly activities throughout the day.

So thank you to our partners at the Olathe Chamber of Commerce for helping put us uh put this event together, and it should be a wonderful time.

And I would like to echo this the comments about Chief De Graff and Reed being here.

Um you know I forgot that anything happened.

You look great, so welcome back.

That's all for tonight, folks.

Thanks for being here and for joining with us.

We are adjourned.