City Council - Regular Meeting

All right. Good evening everyone. It's 7 o'clock in Gardenner, Kansas. Call the meeting to order. Please rise and join me for the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Right. Welcome everyone. [clears throat] Okay, we have no presentations. Um, no public hearings. So, we were going to open this up to public comments. Uh, members of the public are welcome to use this time to make comments about city matters or items on the agenda that are not part of a public hearing. You wish to come forward, please limit your comments to five minutes or less. There is a time clock to my to your left. Uh, with that being said, come forward and state your name and address for the record. And the podium is now open. Welcome.

Good evening. This is my fourth visit, so I'm pretty sure you know who I am, [cough and clears throat] but to just reiterate it, my name is John Allen. I live in Plum Ridge in Gardener. My address is 830 South Sycamore Street. The reason I'm here is because of the problem, health issue we have with mosquitoes. Now, again, I'm hoping for an update and I have talked back here to the officer and he has explained to me that he has sent out the letters that they have responded a little bit. Uh, one of the subdivisions said they don't have the money to do anything about it. So, I think we're going to have to step up. Now, I know you're thinking, "Why is he so adamant about these mosquitoes? He just will not let it go." If you were watching Channel 9 News, that was on the 115 on Friday at 6:30. They had a spot on there that they talked about a sports broadcaster. You may all know him. His name is Art Helms. He is a broadcaster for Missouri South and also was a broadcaster for the Chiefs. He has had 45 years in the business. The reason that he was on is because he was in his yard mowing his lawn and he was bit by a mosquito. Art is now permanently in a wheelchair because of that mosquito bite. They had to revamp his broadcast booth so that he could come in with a bed uh wheeled wheelchair so he could do the

announcing. He has just recently announced that he is going to be forced to retire because it is it is just too difficult for him to get around in the wheelchair. So you say, "Well, how does somebody like him get bit and he ends up in a wheelchair? I've been bit. My kids have been bit and we're not in a wheelchair." Well, I'm telling you, you're pressing your luck. That's all you're really doing because it depends on how healthy you are. While I was out raking leaves, I was bit by a mosquito. Do you see that rise on my left ear? I immediately went to the doctor. He examined it and checked it out and he says, "What that is is your white core puscles have been at work, John, and they did a great job for you. Your blood shows no problem with your health system right now. You are fine. The only thing you might want to do is go to a doctor or a surgeon and have that drain. So, I'm telling you, I'm not here just for the fun of it anymore. This is serious to me. So, if I don't have this done and probably get it done, who knows whether it'll go to cancer or not. If you're out working in your yard, I want you to take a sprayer and I want you just to spray it with 70% alcohol. This will kill all mosquitoes instantly. They cannot tolerate it. It's better than malathion. This will kill them on the spot. You spray them and you'll watch them. They'll be dead within a split second. So, I'm out there and I still wear my white jacket. And if you don't believe that, you can stop and talk to my neighbors. You say, "Yeah, that guy's

out there. He's sweeping up the leaves and he's wearing his white coat. That's but I didn't have a white coat over my ear.

I'm not going to say it, but something happens. I won't say the word. So, anyhow, I want something done as quickly as possible. We're now into the month of November, which means we're going to get a really solid freeze. When we get that freeze, this problem will go away for the most part. But the minute it gets up to 65 to 80 degrees, which is their prime breeding temperature, we're back in that same ballpark again. That gives us plenty of time to work out something to get this problem solved. I'm ahead of schedule.

Thank you, John. On a related note, my name is Erica Krauss and I live at 609 North Malberry Street, which is the area around Sunflower Elementary and I have two points I'd like to address. The first is um about vegetation management which is related to the mosquitoes certainly and then secondly just generally traffic control. So I want to be sure and state also that my husband and I moved with our three children four years ago to gardener and we are more than satisfied with our choice. So we're very grateful for the work that this body does. where we are in Gardener. Sunflower Elementary will soon no longer be an elementary in combination with the fact that there are a lot of ash trees that are zombies. Really, they're no longer ash trees, they're zombies. They're living they're the living dead. And there are a number of um um when I compare neighborhoods, when I'm out on runs, I anecdotally, our neighborhood is missing a canopy. there's not very much there. So, that means the neighborhood is a lot hotter. Um, the home the development also anecdotally is older compared to a lot of the other [laughter] areas within Gardener. I think it with the great location. I love being able to bike with my children to the swimming pool and to the library. It's a wonderful location, but within the context of changes that are happening, I think it would be a really good idea to consider as a city, so more

than hyperlocally where I am, but as a city, having a plan for tree management, um, natural resource management. Um, I know the city of Overland Park is developing an urban tree management plan. I know um when I look at the Kansas Forest Service, they've worked with the town of Hutcherson and there's a tree board in Hutcherson. I have no idea how active it is. Um but those might be two ways to look at doing something. I know other towns um I'll say towns um other in other cities too but towns also can do a a planting plan u an agreement with certain homeowners where for homeowners who are ready to have a tree that if the city can provide it and bring it or some kind of agreement where there's a cost share um to help bring those in. I think there are a number of people in the neighborhood who would be open to that. um outside of the neighborhood, but also a very something I care a lot about is the Gardener Greenway. I love that place. I grew up rural, so it's really nice that I can look out my back door and feel like I don't have immediate neighbors. Um for the people who enjoy it, we certainly enjoy it. For for people who know what they're looking at, it is a exemplary place for every invasive species in Kansas. And um the honeysuckle bush, ammer honeysuckle, which is if you walk there now, is every green leaf that you see down there is prime habitat for deer. And where there are deer, there are deer ticks. And that is another pest to consider as people are going through there. Um, I would also give some more

context in that throughout the state of Kansas, 3% of the land is open to the public and a lot of that land, even though it's owned by Kansas Department of Wildlife and Parks, is pretty far removed from urban population. So, all of this to say for a lot of us in Gardener, the place like Gardener Greenway is very much nature for people. It is the most accessible nature. So, I think it's really important [cough] to care for it in that way. And I know there's a lot of work to keep the path clear, I think we can do more to care for the vegetation, too. Finally, with all the rearranging of the schools, if the city I know there have been two very unfortunate deaths along Madison related to the schools. Um, one while I've lived here and one long before I lived here. Um, but I think it would be really wonderful to give a lot of attention to making sure if we can add speed bumps with a certain distance of elementary schools, if we can add more to slow the traffic down because I know my children will be going different directions to schools and they ride bikes and walk and I know a lot of um children do. So, I would like to emphasize that also

and that's all I have. Thank you very much. Hello, my name is Cece Noriega. I live at 218 Metobrook Circle. I'm here this evening to discuss the construction of the USD 231 service center site on Warren and Popppler. Um, I attended the last planning commission meeting that was discussing the construction of the service center. And as a homeowner that backs up to the site, I was concerned of the noise that was going to create as I work from home. I'm also very concerned for the destruction um that was in the plans to remove the wooded area that is housed to wildlife for many years. Um this is a commercial building that's being forced in a residential neighborhood. There was much discussion at the planning commission meeting about the construction noise and the wildlife that it would that would be displaced. Assistant superintendent Jodie Marshall explained that they would work with the residents to make sure everything would be okay. However, the school district hosted a groundbreaking ceremony on Saturday, November 8th, before the city council even voted to deny or approve um the recommendations uh by the planning commission. Then on Friday, November 14th, at about 9:30, I was working from home. I can hear machinery being used at the site. Um, I went to see what was causing the noise and recorded trucks and a bobcat at the wooded area behind my house. I called and left a message with Matt Just, a senior staff engineer, and also Jim Peritting, city administrator. I was able to talk to Matt and I was told that the school district was going to remove

dead brush and trees. However, it is fall, everything looks dead. Um I have I was told sorry however I did also call my friend Jennifer Smith about the construction and she went to city hall was able to get in touch with Robert not sure of his last name sorry from the engineering department and they explained and she explained the situation. Robert stated that the school district had a disturbance permit, but when showing him the picture and video, Robert said that he was going to need to pay the site a visit. Shortly after that time, the machinery did stop for the remainder of the day. My concern is that being told one thing and then witnessing another by the school district and by the actions of the city employees that we told of this manner, excuse me, matter, it seems that the school district is doing what they want without approval from the city. I feel the concerns of the residents in the area are being ignored and that the district just does not care about the wildlife corridor and the destruction and displacement displacement of the animals. I do uh please consider to have in writing that the school district will work with a wildlife conservationist so that they keep the area as close to a natural habitat as possible and not just a landscaper making the decisions. Thank you. Hello, my name is Janet Stra. I live at 16615 Four Corners Road, Gardener, Kansas. not within the city limits, but

uh concerned about 200 houses possibly going in just uh to the east of us and taking away our rural uh that we've always had. Some of the previous speakers talked about green space and nature and so forth and um I've lived there 40 plus years, my husband, 50 plus years, and we've seen growth, but it's, you know, three acres, five acres, 10 acres, 15 acres, and so on. And if you drive down 167th and go on uh east of uh or west of uh Four Corners Road, you'll see a lot of housing and so forth, but they have big yards or they have acorage and so forth. So, I really urge you to look at what is being approved and the type of housing and how it blends in and goes into the rural community because we really love our rural community and would like to keep it that way and also the traffic is a big concern on 167th. Thank you. Good evening. My name is Rebecca Barton. I sent y'all a letter earlier today. I don't know if you received it or not. Um I'd like to speak about the um Four Corners Village proposal that you guys are looking at tonight to change to rural. I just think from rural to single family housing, I just think it's too early to do that. Um, and I lined it out in my letter to y'all that, um, we

already have traffic issues on 167th Street. Um, it's just getting better or worse if we continue because we're going to already, you guys have already approved developments on 175th Street and then we have the Edertton Roadway expansion. 167th Street is a very small road and it's two-lane. This county has plans to make it a four-lane road. They've said that for years, but their plans are not on any agenda to do it. And so adding more houses or adding more traffic on that road is going to make that road even more dangerous than it is. And as you guys know, there's going to be two schools out there. Right now, there's already one. And you know, we got kids out there now. They're not running on 167th Street, but they do jog on it. They do ride bikes on it. Um, and then we also have the disregard for the money that's going to be spent on from the city of Gardener for it. They said that they're going to put slab houses will be they said they can build whatever and they're going to have slab houses. There's not going to be any basement or any kind of tornado thing. We know at Konesoga you have a tornado shelter for people and that's mandated by state law. I know. But like I said in my letter, the city of Lanexa passed in 2023 that all single family dwellings has to have a tornado shelter of some kind or storm shelter in it. Um, city of gardener needs to seriously look at incorporating a law like that or a regulation like that because if you don't, people are going to ch they're going to value out that they can't afford to build a house. They're going

to try. We've all done it when we built a house or whatever. You're like, "What can we get rid of so we can build better?" Um, they may not add that in. Who's going to pick up the slack when a tornado or a horrible storm comes through? We live in Kansas. It's going to be you guys, the city of Gardener. Because people are going to be like, "The city needs to help them. Your police officers are going to respond to basically carnage because you have no these people will not have a safe shelter for them. um you're going to be having to deal with that where your officers are going to probably have to go through counseling and everything. You know, I I worked in law enforcement. I know what it's like when some officers have dealt with trauma. That's going to be trauma if we have a massive storm come through and kill people and they're taking babies out of houses that we could have as a city changed by just simply having a safe place for people to go. And you're also going to have um your fire department's going to have more of a burden on them too to ride rescue people in this rubble. Yeah, there's going to be rubble, but there's going to be less if they have a safe place. Um and then I'd like to also talk about like these guys earlier were talking about the mosquito issue and other issues that HOAs aren't taking care of. This community is going to have parks in it. We all know sadly that Cornerstone had people damaging the slides and everything else. Was it two years ago? And you guys were having to pay to put new slides in and Veterans Park seems to have ongoing issues on there. That's going to cost you guys sending officers out there. And when the HOA doesn't replace that stuff, that eyes sore and that safety for children is going to fall on the city of Gardner to take care of because if the HOA says just like

with the pond, we don't have the money to do it, they're not going to do it. Um, looking to see my time. I just I know that right now it's just zoning. The traffic studies have not been done. I really would like you guys not to reszone this. I think it's putting the cart before the horse to try to reszone this knowing that we don't know what the traffic's going to happen on that street. That street, part of it's owned by the county. So, even if Garner wanted to change it, you can't. You have to have the county change it. You're going to have problems with that. You've got a ton of animals living out there. If you guys reszone it, they're probably going to start doing stuff and get rid of wildlife and maybe they won't even get this when it the planting approved and you're already damaging the wildlife and the nature that is existing out there. I'm not saying that you can't put houses there eventually because I do know that's your strategic plan. I think there's too many houses they're trying to put in there. Um, but I just think this is going too fast without the infrastructure that gardener prides itself on trying to make sure is there. It's just not ready for that yet. So, until we know about the roads, it's probably not a good idea until we know what houses they're putting in as well to make sure people are safe. So, thank you. How y'all doing?

Good. Good. My name is Andy Akrite. I actually live in Mission, Kansas, but we're going to be moving to Gardener this summer. Um, my wife teaches at Nike has for the past 10 years, and son goes to Nike and all that. Um, talking about soccer here in a second, but two little things to get out of the way. One, uh, we practice third and fourth grade goals are at Veterans Park and Gardener Elementary, but we have all these holes all over Gardener Elementary soccer field, so I have to put little cones down, but I just want to know who I could work with to get those filled in. So, um, somebody could whatever help me out. We can fill those in and the kids won't be falling down during practice. That be the school district, I believe.

Yes. Yeah, that be the school district. Right on. Okay. Yeah, some are pretty deep. Um, the next one has been plaguing me for a decade. Across from the RV deal, RV dealership, there's a sign that says city limit, but it's not the city limit. And so, Nike Elementary is outside of Gardener City. According to the signing, can we just pick it up and move it to 199? [laughter]

I see it every time. All right. Fun stuff. Blue Jays, come on up. All right, cool. All right, I got three of my Blue Jays here with me uh today. Uh came after last season to thank y'all for uh soccer and all that parks and wreck does. And I think it's uh important to to do it again. Um Parks and Recck does a great job uh with soccer and uh Cara Harrow does a fantastic job setting it all up. uh the field officials, the referees, um everybody who takes the maintenance crew, the fields are great. Um and this year was, I think, a really a great success. I just want to encourage you and let you know that those dollars are well spent. Um gives the uh kids a lot of opportunities that they wouldn't get else play other places. Um especially when you look at the dollars of playing on select teams and everything and uh the value you get for parks and wreck is is really great. Um it gives kids the opportunities to be with kids from other schools to be on their own to figure things out and that's really um really the value of it I think. Um do want to shout out the uh field supervisors and referees. We had a medical emergency. Just real quick and medical emergency before our very first game. Um, an AED was needed. Ambulance was needed. Uh, I didn't even know. I didn't know what was going on. Field supervisors were over there. We got the AED taking care of it. Um, the other coach came up to me. We talked about it and guy was good. Um, so he asked, you know, we said we'll we'll play. And then the referees, you know, first game of the season and they're rolling with it and working with us. We had a shortened game, but they did a

fantastic job. So, that's just one little example of of what they do. So, I got these uh three guys with me. Got Robbie, Ben, and Camden. Don't hide. All right. Together, they've been Blue Jays um for 23 seasons um from kindergarten and first grade. And it's it's great just to watch them grow and the kids grow throughout the season, but over the years seeing them seeing them grow and and work together. So, it's really great. Robbie here has his biggest growth has been uh looking at things what's important, what's not important, [clears throat] focusing on [cough] I'm going to look at the important things and and you know, let the not so important things go. he's gotten really better at that and his uh adaptability of working with other kids. Um and when in soccer they get to be on their own. So they get to learn like you know the parents aren't there even the coach is off to the side you know there's no teacher they get to figure it out on their own and that's really important for life. been here is being a vocal leader and he's really been stepping up on that. But he's been learning that, you know, uh rising tide lifts all boats, you know, so when he's pulling people along, he's setting the example, then it gets so much more effective and that leadership is really showing through. And here Camden, he has been a guy who has been learning he's important and he's part of the he's needed. He's part of the whole organization, the whole group. and without him, it just doesn't work as well. So, he's been stepping up and his whole accountability and focus and drive has been increasing and and I think he's seeing the fruits of his labor. And so, all these different things that lessons that aren't necessarily soccer, you know, um skills that life skills that they can get, that's really what it's all about. So, I know I'm over time, but we have values with our team, but we

have three main ones. First, guys, can we say thank you? One, two, three. Thank you. Come on. 1 2 3. Thank you. There we go. And we have our three main values. We play hard. We play fair. We have fun because WE ARE THE ONE TWO THREE BLUE J. THAT'S RIGHT. Thank you. [applause] Good job, coach. And we we didn't do that just for this. We did it all. Think we should do that up here.

We should do that. Cheers. Okay, thank you everyone. Uh if we have no further public comment, we'll move to consent agenda. Is there an item on the consent agenda council would like to remove? I hear a motion to approve consent agenda. So moved. Second. Motion shoot. Second, McNair. We approve consent agenda. All in favor? I. All opposed. Abstain. Consent agenda passes. Planning and zoning consent. Would like to remove that item. Is there a motion to approve planning and zoning consent? Some moved.

Second. Motion date and second. Shoot. We approve planning and zoning consent. All in favor? I. All opposed. Planning and zoning passes. Moved committee recommendation number one. Consider adopting an ordinance approving a reszoning from RP4 planned mixed density neighborhood district to RP4 planned mixed density neighborhood district for a 33 lot single family attached residential development consisting of 17.6 acres located at the southwest intersection of Gardener Road and 187th Street.

Mayor, members of council, good evening. Um, this is one of Councilman Baldwin's favorite things to do when we reszone from one zoning district to the same zoning district. Um, as quick explanation, that is happening because this was originally approved with a preliminary development plan that has expired. So, the preliminary development plan has been resurrected and brought back forward to you. Originally, this development was proposed uh in 2021. It was approved previously in April of 2021, but as I explained, the actual preliminary development plan expired. If you remember that time period in that context, there were changes in supply chains. There were changes to financing and interest rates, and that development got slowed down and stopped for [clears throat] a period of time. It has now come back to us with the same developer at this point in time. So, it is a development plan that includes 33 lots totaling, let me see if I can pull it up here. There we go. Totaling uh 17.59 acres. And this is proposed to be duplex development. So compact development there. It's 66 dwelling units in total. Essentially, as you can see on your screens here, it's an extension of the duplexes that are on the east end of 186th Street already. They did request or the applicant has requested four deviations. Those deviations are associated with again the character of that existing duplex neighborhood. So it's a continuation of it and therefore staff has supported those four deviations for that purpose. As part of the development also there's proposed open space with a walking trail, Frisbee golf stations and a hammock station. Um this item was in front of the planning commission on October 27th of 2025. No one from the public spoke at the public hearing. The planning commission is recommending approval of the request for resoning as well as the plat that's

associated with this. Staff is also in support of that uh resoning and the plat request. So this item will require two motions. One on the resoning and the ordinance associated with that resoning. The other one for the acceptance of dedication of rightaway and easements. With that staff is prepared to answer questions. Is there any public comment on this particular item? Recommendation number one council. So I do have a couple of questions real quick. First of all is uh um this is a renewal. However, there was also portion to the north and I believe that that's coming separate. Correct. I mean they were done in tandem the first time.

Correct. So this one is not including the northern port. It does not include the single family portion to the north and that's what was scheduled in the original development plan was single family on the north end and then the duplexes here on the south end. Correct. Will that be coming before the council at some point in the future? I would ask the applicant that question. Okay. [clears throat]

Jud Clawson Phelps Engineering uh 1270 North Winchester Kansas. Appreciate the question. Thank you for hearing the case tonight. Um, my client still owns that property, does intend to develop it. Yeah. Uh, but is planning to move forward with a duplexes at this point and then would move forward with the single family, but we have not filed an application yet, but we would anticipate that to be in the future. Yeah, that part is expired as well. Yeah, that's what I was thinking. And I know that those were, as I said, handled before in tandem. Um, there has been some grade work done on on Canton over there. I'm assuming that was in preparation for that, but then it kind of stalled.

It it start um so this project started actually some initial construction back in 2021 and then um the project stopped at that point due to financing and Sure. uh financial things going on with with the project, but we're ready to start back up. My client is ready to start back up. Great. And it's and I just wanted to be clear that will be coming forward and the that'll be coming forward the northern portion will be coming forward when the market is ready. Yes. When he's ready to do that. Yeah. We're still planning on that. In fact, this layout is [laughter] the exact same layout as what was before. And so really the streets are all set. Yeah. At this point there's really not much else you could do with that north piece of

Okay, great. Thank you. I have a question. Is there is there still uh construction materials on this north on the north part of that property. There's still materials on that on that north portion. There's still materials that we we would intend to use those materials up and and have that cleaned up as part of this construction moving forward with this part of construction. Yes. Okay. So, I know there was some concern from homeowners in the area about the uh kids playing on it and it's getting overgrown and some other issues there. So, this will We have the assurance that this will they will use that.

Yeah. On behalf of my client, he assures the council that that will be uh cleaned up. A lot of those materials will be, you know, used as part of the construction on this and the what was there for the north piece will be moved off site until he's ready to move forward with that. Okay. Thanks, Jeff. Appreciate it. Any other questions? Good to see you. Thank you. Thanks. All right. So is there a motion then for the first part of this? So moved. Second.

Motion. Shoot. Second. McNair. We accept the recommendation of the planning commission and approve ordinance number 2856 ordinance changing the zoning classification of districts of certain lands located in the city of Gartner Kansas under the authority granted by title 17 of the municipal code of the city of Gardner, Kansas.

Okay. Uh council member. Yes. Council member Baldwin. Yes. Council member Deon. Yes. Council member We Yes. Council member. Yes. Mayor Winters. Yes. And then the second part [clears throat] for that. So move. Second. Motion. Shoot. Second. McNair. We accept the dedication of ride ofway and eastments on the final plat for the meadows of Aspen Creek plat 25-304-9. All in favor?

I. All postain passes as well. Uh committee recommendation number two consider adopting an ordinance approving a reszoning from RUR rural agricultural district to R1 single family residential district four corners village 75.85 acres located on the north side of 167th Street between four corners road and co road. Mr.

Thank you. Um, once again, you've heard a little bit about this with the public comments previously. I'll just give a brief overview and and we'll move forward with questions. Again, this is a proposed development on West 167th Street. Um, it is uh currently zoned RUR. And for those of you who are not familiar, it was annexed as a county piece. It had the RUR zoning at that point. When it's annexed, it retains its county zoning until a development proposal comes forward to propose a different zoning. And if that is approved, the zoning would be changed to a city city zoning district at that point. So there's the reason for going from county RUR to city R1 single family. This point in time, the proposed development that was reflected in a preliminary plat is for 212 single family lots and eight tracks on the 75 [cough] just over 75 acres that is there. It's proposed that the lots and the houses will meet the detached house suburban category, which means the lot sizes are minimum size of 70 ft in width, maybe 70 ft or larger. Very similar to what is in Symphony Farms just to the east of this development. So when you're thinking about that scale, this is not one of those zonings where we're looking at housing that is in those smaller or more dense compact forms of 50ft lots. So, this is proposed to be 70 ft or wider. At that point, the applicant is not requesting any deviations at this point or submitting any kind of development plan. So, the intent appears to be to meet all of those zoning regulations. At this point, um it is proposed that the development will occur in two phases. At the planning commission on October 27th, four people spoke about the item. They expressed concerns similar to what you heard tonight in the sense of the lot sizes, preservation of [snorts] rural character, um, and maintaining existing tree lines in the area. The planning commission has recommended approval of

the reszoning and the staff has been recommending approval of the resoning at this time. So with that, we'll stand ready for questions. Thank you, Dave. If there's any we've heard some comments. If there's any uh additional or comments on this item, you're welcome to speak.

Janet Stra 166154 Four Corners Road. One thing I just question is they keep saying like Symphony Farms. I'm familiar with Symphony Farms and when I asked the question back on October 27th, they didn't know anything. They were saying a lot of slab homes. They didn't have anything about square footage. They didn't have any information at all about what they were planning on building. And Symphony Farms has basements. I'm very familiar with the sizes [cough and clears throat] of those so forth. So I need to understand are they like Symphony Farms or not?

More questions first.

Yeah. Uh yeah. And I I do have a uh comment that was emailed. I'll I'll read aloud as well. I'll read that into the record. This was emailed this morning to uh city clerk. Dear council members, we strongly strongly urge that this resoning request be rejected and the process returned to the planning commission. So if or when the applicant does submit its new proposal, they have an opportunity to review and give an updated recommendation to what is presented. There is nothing to gain gain from this resoning currently. Returning this would ensure that as rural residents we are allowed the due process of this community development. This is why this is our only voice as we do not get to participate in who represents our opinions by living outside of the city limits. Darren and Stephanie Greten 332000 West 167th Street.

I don't know if there's anybody else. Is there if there's any other new uh comments related to this? Dave, go ahead. I'll help clarify the question on the Symphony Farms comparison just so people know. And the applicant is present here tonight. Representation for the applicant is here tonight as well. Um our understanding at this point is that no builder has been selected yet for this development. So this resoning is according to the land use code and it is reflective of Symphony Farms in the sense of the size of the lots, not necessarily buildings [clears throat] are being the same themselves, but they would have to meet those requirements for the detached suburban homes.

That makes sense. R1 and RP1, right? That's an R, this is an R1 zoning, not an RP1. So we do not have development plans that would give us elevations and things like that. So this is just to get it uh the zoning updated to city equivalent of the county zone. Is that correct?

Correct. At this point it is. Now as part of the plat process, there was a traffic study that was submitted as part of that. There will need to be at least safety improvements that would be made as part of that phasing of platting. What we're seeing is a trend and this is this is a difficult trend right now. It started out as a commercial trend. It's now happening residentially. We are seeing more applicants come in that are doing the horizontal development. So when we say horizontal, they're putting in the infrastructure. They're setting the property up for future development, but then the vertical is being sold to a developer that builds the houses or builds the vertical structures that

there was a I believe a comment made about the drive the uh entrance in being right next to a drive or or maybe moving that down. I think let me see what we got here. Let me I think I've got and this is a a little bit difficult to read um from the standpoint, but at the south end of it is 167th Street. So you've got a north south collector road that goes throughout the whole development. Then you have and I don't know if I can point it out.

It wasn't me. I do not have a mouse here so I can't. Um, so if you notice about oh 2/ird of the way up there is an east west road that would be proposed to connect to a road to the east that would come out on Kil Creek. That's the road that'll be on the south side of the elementary school that's proposed uh on that development. So that roadway would be a second entry and exit. So you've got one on 167th Street. You would have one going to the east off to the uh roadway that would connect over to Kill Creek. And then there's a third road, and I think this is the one that's mentioned. I'm not positive, but it's the one that if you look at the west side or what would be your left hand side of this about halfway up, it's offset from that east west road, there's a road that's proposed to kind of go to that. Dave, I had a question on the road that goes east west through the development just north of the retention pond. It behaving more like a collector road for that development. What's going to happen when we start getting in uh entrances to driveways on that? What's going to start happen? What's going to happen with uh cars start parking on both sides of that road? So that road should be built to collector standards in the sense of the width and everything that's there. Um the primary job that's going on here is that road is not scheduled to go all the way through to four corners road. If you notice how we're offsetting those collectors

entity on the west side of the property. Well, it actually goes to the north and if you look at the far north boundary, it's proposed that right ofway is there. I'm talking about the east west road. Yes, that would be the east west road at the top of the drawing that's there above the second uh detention or retention pond. There is right of way being reserved for that road to continue to the west. So that road will be built that street will be built so that if there's parking parked cars on both sides we get two lanes traffic.

As a collector the current standard and Kellen you may want to expand on the current standard by our specifications. We try to minimize the driveways number one. So we want to minimize number of driveways directly on that road and then also we would have a width that may not allow for parking on the collector and I you may want to talk more about that Kell as far as our standard. Well I see 17 lots of this road west my understanding is west of the north south collector west of that it will not be considered a collector at that point in time. Okay. But that's what I'm talking about. Yeah.

When when people get to parking when they have a Chiefs game or something, uh yesterday our home on Colleen, uh to get to our home, we had four blocks of cars on both sides of the road on Colleen. And when one car goes in on one side of a fourb block area, you get to the middle and somebody's got to back up two or three blocks, right? I don't want to see that happening anymore in the future. I I'd like to see this set up to where because it's good that we're getting this this early in the plan. I want to see uh the ability on any of these uh off that traffic circle there. I want to see those uh main entrance roads

and collect in that west of that uh roundabout. I would like to see roads put together that will allow parked cars if if there's driveways on those kind of streets. If there's parked cars on both sides, I want to see where it's going to be able to pass, right? And that's where the width direction all the way through. And that and that should be our standard that's applied there. That's what we should start working on code to make that happen. We already have that within our specifications as far as the width of the pavement and things like that. The second the tension pond, the one that right along Creek on the east side. Yes.

That's draining a huge part of that area. Where's that water going to discharge to? It'll discharge and I'll I'll let the applicant if they want to speak the engineer to this. My understanding is it'll discharge to the same point that it currently discharges, but I will let the engineer come and speak up to that one. Okay. Thank you, sir. And I do I just want to remind you this is the preliminary plat. You're not deciding that tonight or anything like that. I understand. That's why I wanted you to take that back to him when it comes to a final plat. I'd like to see that incorporated. Thank you, sir.

Good evening. My name is Tim Tucker, TU CER with Phelps Engineering, address 1270 North Winchester, Altha, Kansas. uh he basically answered the question for you that the natural drainage everything drains to a low point right there where that pond is and then that's the start of the drainage that heads uh out to the uh east there. Okay. So, so it'll surface drain to that same location. Is there drainage pipes off that retention pond? Uh no, it'll be at the surface because it's flat right there. Okay. Uh, is there any possibility that running across? No.

There's another housing development side. No, there's a natural there's a natural drainage area through there. Good. Okay. Any other questions? I'll I'll add one quick clarification also. Um, Maggie came up here just to remind me that there is going to be movement. I think the comment about the drive conflict. There is going to be movement of that roadway further to the east I believe a little bit and try to get those separation distances to work out. So that would come at final platting time with that. And that's and that's the the drive that's on the far south side on the west.

Yeah. So that main entry that comes out, there is an existing driveway that serves to the west there in the uh small corner that's not part of this plat. There are buildings back there. There is currently a driveway that comes up the property line and so the separation distances would not meet the requirements that we have for separation distances. So that is being resolved by the applicant. We should be seeing changes. That was one of the conditions on the preliminary plat. Okay. Great. And and I to that comment that you received um when you do get the final plat this does go back through

correct the final plat will go back to planning commission. Now the the issue that we have to remember while we're spending time talking about plats right now platting is a very technical process. If they meet the code requirements for the specifications on rightway widths, on lot sizes, things like that for the zoning district, those go to the planning commission. Essentially, that's what they're reviewed for is the technical meeting of the codes and the requirements there. Final plats the same way. You will see the final plat only for the acceptance of the dedication of rightway and easements. at that point. Yeah. I just want to be clear that you know citizens have another chance to comment to

Well, I will tell you the final plat there is no public hearing formally for that. It does go to planning commission. It will be on the agendas but there is not technically a required formal public hearing like we have for reasonzoning cases. Plats are a technical aspect. Just Dave just another quick question just so I make sure I understand. This saying we're going from RUR to R1. Correct. For what you can call horizontal. Correct. Well, it will allow by going to R1, it will allow for what is proposed as a detached suburban house. Right. I understand.

Okay. Uh and then so it could with that R with that R1 zoning, this [snorts] the whole development could be resold again before actually develop that it could so similar really don't know what what will happen

correct so this is similar to I I'm going to equate this to kind of the lonear development that's on 175th street where we had a developer Circle H that came in has prepared the land and now has sold the lots off to Hakes brothers who are the architect and the developer of the housing but they put in Circle H put in all the infrastructure put in the roads set the framework with the plat that and then sold those lots to the um developer or to the builder, sorry, Hakes Brothers at that point. I guess I'm just saying back to back Fairfield area the very first time.

Yes. He wanted MP4. Mhm. and he going to sell the property and we didn't really know what he was doing. I just don't want to see another situation. Correct.

Is there a motion on the side? Someone second. Motion Baldwin. Second. Deon. We accept the recommendation of the planning commission to approve ordinance number 2857. An ordinance changing the zoning classification or districts of certain lands located in the city of Gartner, Kansas under the authority granted by title 17 of the municipal code of the city of Gartner, Kansas. Council member Baldwin, yes. Council member D. Yes. Council member W. Yes. Council member Shu. Yes. Council member or Mayor Winters? Yes. Council member McNair. Yes.

Ordinance number 2857 passes. Um committee recommendation number three, consider adopting an ordinance approving a resoning from RP5 Planned Apartment District and CP2 Planned Commercial District to RP5 Planned Apartment District and CP2 Planned Commercial District to create a potential commercial and apartment development consisting of 15.19 areas acres located at the southwest intersection of Gardener Road and 187th Terrace.

Good evening. A Popeye's Louisiana Kitchen restaurant is proposing to locate at the Gardener along Gardenardner Road south of Bumgars. The site is within the Regency West plan development in an area previously considered for development of a 12,600 square foot commercial building. The area shaded in yellow is the Regency West plan development. The area highlighted in red is where the Popeye's is proposing to locate. A daycare facility has developed on the northwest of the Popeye's and the remainder of the site is still vacant, still proposed to be developed for multifamily at some point in the future. The proposed building is approximately 2700 square ft in size with a dual drive-through ordering stations. No vehicular access will be from South Gardner Road. All of the access will be from uh along 187th Terrace which is a private drive. There is one full turning movement which allows right in, right out, left in, left out on the far west side of the property. And on the east side of the property, they're only showing a right out. Uh, I would note that approval of the preliminary development plan did include a condition that this write out be either redesigned to not allow vehicles to somehow make a left turn in which causes problems. We've got that in some other areas or else the right out would need to be removed. The application is requesting one deviation and that relates to the maximum number of parking spaces to allow more spaces than our code would requires and the reason given for that

related to their staffing and peak shift change as well as providing opportunities for the the pickup and the eaten customers. So with that, I would uh give you a recap of the planning commission meeting on October 27th. No one spoke at that public hearing for the reszoning piece of this project. We both the planning commission and staff are recommending approval of the ordinance changing the zoning. Actually, it's sort of reiterating the zoning with the change from the commercial building to a smaller structure for Sorry, sort of interested in what was going on behind me. Um, with the smaller structure for the uh drive-in restaurant and the second piece of the motion would be or the second motion would be to accept the right of way and easements as shown on the final plat. With that, I'd be happy to answer any questions you have.

Thank you. There's any public comment on this item.

Thank you, mayor, council members. Uh Jud Clawson for the record, CLA USS, Phelps Engineering, 1270 North Winchester, Oletha, Kansas. Um my client is CSM Groups, the franchisee. Uh that's who I represent. Uh they're excited to bring Popeye's to the city of Gardener. Some new business. Um they were agreeable to all the stipulations. Um one working with staff on the ride out um situation. Uh understand obviously as an engineer, you know, we want to make sure that we control access on roads, but we also don't want to create deadend parking lots either where be a kind of a traffic issue for both of us. So, uh, we ended up, um, designing an island in there, working with, uh, your city engineer. Uh, those those improvements have already been shown and submitted to city staff under our building permit that's in for review right now. Um, and so we're excited to get going on the project.

Thank you.

Thanks, Jud. Thank you. [laughter] Dave, is there any concern with the right out being immediately before you hit Gardener Roads? Because as this grows, you've got already got, you know, traffic coming out of bomb cars potentially to the south a little bit there. But as this grows and you get hopefully um that commercial or all those apartments, you're going to have a whole lot more traffic going east west. And now if you stack up a few in the exit and there's only one car, maybe two before you can get out, we're going to have a lot of traffic on Gardener Road. Do we have any concerns with that being that close to Garden Road versus farther west?

I I think a lot of those concerns are what have led to kind of this solution of using the island number one to kind of keep traffic flowing. So that the major part of this we would like to see most people use that western in and out side of this thing. The right out is really a convenience. Jud mentioned it as a convenience to the deadend parking lot, but it's also a convenience for those that are in that drive-thru lane.

And so it makes it easier for them to make that circle and go out without having to go through the parking lot. So there's traffic conflicts involved with a lot of this. We think at this point with the median and with the right design of that road, the curvature of the right, we should be okay because people should be flowing or yielding the way we want them to. Obviously, with traffic loads, it's just like any other of those situations on turns, we're depending on the drivers to

watch what they're doing and to do the right thing. Um, we also know that with this being a private road, we're not as concerned about the congestion. If this was on public roads, if that's what we're trying to avoid with Gardener Road. So, the idea is at Gardener Road right now, it would be scheduled for I believe it has a stop sign there currently before any movement can go out of there. Um, I can't remember, Kellen, you may want to add to this. I don't want to speak too far out of turn. I do believe that there has been discussion also on Gardener Road that at some point there may be a requirement for further either signalization or a median or something at this intersection because of the cross traffic and things that could happen. That's also going to affect how the flow is for the major ports of of this traffic. Is that

Yeah. Okay. So, sounds like we're comfortable. So, at this point at this point we're comfortable with it. I can't tell you there won't be traffic conflicts that come up, but I think we've been working hard to resolve that. There were a lot of concerns that were expressed during this process. Originally, what was proposed was actually I believe it was 100% ingress and egress of that location and that's where we backed it off. Yeah. Yeah. Okay. Thank you. And I'm and I'm glad you did do that because that's really close to the intersection. Yeah, it's close.

I mean, really close. Um, the other thing is once we get to the the apartment complexes, I know that's not part of this, but it is part of the preliminary plat for this planned development. We've been talking about that north south road uh forever, and this might be where we're going to have to start looking at it from the standpoint of a second entrance into that apartment complex. Yeah. So, this applicant, too. So, there's a couple things going on here. Yep. this applicant along with the uh developer for the apartments, their representation and to the south. So if you remember the Wendy's site and what's going on there,

there is also intent to bring a road up north and south across those properties. It's not shown currently on the preliminary development plan because that was approved prior to that. Yeah, we're waiting for plans for those lots that would be west of the Wendy's lot to then see how that aligns and where that will connect to go into it. So, there's also a relief potential by a shared route coming out of off of the 187th Terrace Road bringing it down.

Yeah, that's exactly what I see on the on the plat. It shows a a future a future um north south route, but it doesn't look like it's a public street. It's more like a private drive. And obviously in order for us to be able to link up to 188th, which is probably what it ended up going to, you'd have to have a public street there. So, all right. As long as it's being considered working on it, there's a lot of concerns in that area. Yep. Exactly. All right.

So moved. Second. Motion Deon uh second shoot that we accept the recommendation of the planning commission and approve ordinance number 2858 and an ordinance changing the zoning classification or districts of certain lands located in the city of Garner Kansas under the authority granted by title 17 of the municipal code of the city of Garner Kansas. Council member De. Yes. Council member W. Yes. Council member. Yes. Mayor Winters. Yes. Council member McNair. Yes. Council member. Yes. Uh, ordinance 2858 passes [snorts] and then I'll need a motion for the second part of it. Second.

Motion McNair second. We accept the dedication of rights of way and easements on the final plot for the gardener Popeye's plot 25-304-08. All in favor? I.

All opposed. Second part passes. All right. Uh committee recommendation number four, consider adopting an ordinance approving a resoning from R1 single family district to RP1 planned single family district and consider approval of the associated preliminary development plan for a new elementary school located on the west side of Cook Creek Road south of Pioneer Ridge Middle School. The Gardenner Edertton School District proposes to construct a new elementary school on approximately 15 acres located south of the Pioneer Ridge Middle School. The site layout and building will be similar to that of Grand Star Elementary. Looking at Whoa, sorry. Looking at zoning and land use, the property is proposed to be reszoned from R1 single family residential to a planned district because they are requesting deviations. Neighborhood and community schools are permitted use in an R1 district. So that that works and can be in a residential zoning district. The dashed line on the left graphic represents the new collector street that would extend from Kill Creek Road to the west property line of the school district and link up with the subdivision that was just talked about a couple applications ago. The school will access have their access off of this new roadway and not off of Kil Creek. Sidewalks will also be built on both sides of that new street. And you can see in the future land use map on the right, it is calling for those public facilities as a land use. So it is in compliance with the future land use designation.

The school building is just under 79,000 square feet in size for student drop off and pickup. Vehicles will enter on the far west drive entrance and they will then have more room to queue on site. The eastern drive during peak drop off and pickup will not be accessible. It will either have a gate or cones or something that does not allow vehicles at that time during the off peak hours. It obviously provides good access to the site and for parking. Buses will drop off actually off of the Pioneer Ridge Middle School property. You can see on the top of this slide a driveway that's just north of the subject property. And so buses will drop off and pick up there with students walking down to the school on the sidewalk connections. The elementary school has 79 parking spaces on it. And I say that because the middle school actually has over 400, 490, closer to 500. They're they're overparked. So the elementary school actually will be using some of the parking that's on the middle school in order to not have as much parking provided because obviously they can it's walkable and can be shared. The application was requesting three deviations. They are outlined in the staff report. The planning commission and staff are recommending approval of all of those deviations. They related to bicycle parking in terms of the number that would have to be provided as well as things related to the parking and and drive access width. To conclude this the presentation, I want to point out that no one spoke at the public hearing when this was considered at the October 27th planning commission meeting. There was some

discussion with the school district regarding school boundaries changing and traffic impacts due to the two schools being adjacent to one another. Ultimately, the planning commission did recommend approval of the resoning and associated preliminary development plan and the planning commission approved the final plat with staff recommending that the governing body accept the rightway and [clears throat] easements as shown on that final plat. Be happy to answer any questions and the applicants and their representatives are here this evening. Is there any public comment on this item? Hi, Erica Krauss from 609 North Malberry. In the context of what I talked about earlier, I wonder if this would be a good time to think about where where does the traffic flow for pedestrians happen and also for the heat control and the the green infrastructure of all of this. um and related to the whatever housing might come in later, how and where the consideration of adding all of those hard surfaces. If you think about again my context is the Gardener Greenway, everything downtown length width of every hard surface times the volume of rain races through there, right? And that's even after it gets off of the hard um creek bed, right? It's still racing. it slows down once it reaches the vegetation, but how how and where all of that would be um planned for within the housing development and the school development within this and making sure all that's um developed, thought of, planned for within the development of all of that.

Thanks. Sure.

Dave, did you want to comment on Yeah, I was just going to say you may want the applicants engineer to speak to that uh detention storm flow. As far as pedestrian circulation, we are requiring sidewalks on both sides of the new roadway and that would integrate with the sidewalk on Kill Creek as well. So that would be where the pedestrian access would be. There's pedestrian access from the middle school grounds as well as from the south off of the roadway.

[clears throat]

My name is David Ratley. I'm with MKEC Engineering. Um the civil engineering firms working with the school district and DLR group uh for this particular project. Um I guess I'll address the concerns with drainage. Um there's been a lot of work done with the city in um conjunction for the what how to handle with the flood plane and and to evaluate the site what's what's being done for the the runoff. We've done a significant job of actually reducing the peak runoff or reducing the runoff rates um from the site by um modifying um what we're doing for vegetation. We're doing a lot of native plantings around um the site on the south and southeast corner of the site um before that water leaves the the property and into that that uh tributary um which significantly reduce the the amount of runoff that's coming from the site by doing that and reduce the travel time it takes to get there. So, we've done a quite extensive um model analysis for how that um the site impacts that um that uh tributary and uh we we met all the the city departments for that. And then I think uh David a good job of explaining what we're doing for pedestrian connectivity and how we're protecting the the the walkers and anybody be coming to and from the site.

Thank you. Well, and it looks like every everything Between the road and the parking lot area, you've got 9 to 15 feet, give or take, of ditch that's sharply graded. Correct. So, it's going to run in there, collect it quickly, and then dissipate slowly. Correct. I mean, looks like you're you you're addressing That's correct. There'll be native vegetation within those those channels, if you will. Yeah. Yeah. I was just going I was going to mention the same thing. And then there's a small there's a small culvert that goes to the east out of that basically it's a retention pond, but it's not really a retention pond. It's a retention ditch.

Yeah. But yeah, um so from the standpoint of getting off the property and into the into the tributary, it's going to be slow. Yes, that is correct. It's not going to it's not going to cut a channel. So yeah, and for whatever for what that's worth, there is protection in areas where there' be um a high propensity to um scouring. So all the outlets that would be considered to be a point load for

for those lot for those energies there is energy dissipation that would be provided for that to to eliminate any scour issues. I had a couple 164th Street. What I'd like to to understand is it looks to me like we're going to put a whole lot of pressure on that intersection of 164th and Kill Creek and uh how far is it? How far is it to go to extend that on out to four four corners road? What what would we be looking at in distance?

Yes. Over it's over a mile. Yeah, that's and we don't it's private property. We don't have so we can't there's no there's no way to do that. Okay. uh

the traffic study will dictate turn lanes and all that stuff to to make sure that that's a functional intersection. Well, I guess one of the things that we've got a lot of development out at four corners in 175th and along the south side 175th going out past the uh the airport and those families are not going to have to come back around and come up Gil Creek. Uh, you know, I'm I'm trying to figure out if there's any way that we can reduce this pressure on

again. Traffic study will dictate the turn lanes and everything that's needed to handle that traffic. Thank you. I think I understand your your concern, but the one thing you have there though is the 164th Street is essentially I mean it's not the exact same design, but you have the same kind of road to the north going into the middle school. So, you're going to have the same kind of traffic that we already have there. Right. And what I'm saying, Mark, is it it just looks like it at that intersection when it comes into Hill Creek, uh, you got a middle school letting out. You've got an elementary school with traffic in and out, buses in and out.

That's why they stagger the start. We don't have the last concern, uh, the lady that spoke in public comment section. What is what's up with the school [cough] district? uh uh starting things, but we haven't got to the uh to the uh so they own the land center. They own the land. They got a land disturbance permit. They could do that whether they were developing it or not. So they did not they have the right to do it with their land disturbance permit. If they weren't planning on putting something there for 10 years, they can get a land disturbance permit and do the work that they were doing. Okay. Uh so we don't have anybody jumping together. Okay.

Thank you. Is there going to be a motion then uh for committ recognition for four? So moved. Second. Motion. Shoot. Second. Deon. We accept the recommendation of the planning commission and approve ordinance number 2859. An ordinance changing the zoning classification or districts of certain lands located in the city of Gardner, Kansas under the authority granted by title 17 of the municipal code of the city of Gardner, Kansas. City clerk. Council member W. Yes. Council member Shu. Yes. Mayor Winters. Yes. Council member McNair. Yes. Council member Baldwin. Yes. Council member Deon. Yes. Ordinance 2859 passes. And then the second part of that. Is there a motion for that? Second.

Motion. McNair. Second. Deon. We accept the dedication of rideway and easements as shown on the gardener ed new elementary school final plat. All in favor?

I. All opposed abstain. Uh second the second part passes on committee recommendation four. So committee recognition number five consider adopting ordinance approving and reszoning from R3 garden apartment district to CP3 planned heavy commercial district and consider approval of the associated preliminary development plan for a school service center located on the southwest corner of Warren Street and Popular Drive. The Gardenner Edertton School District purchased the property at the southwest corner of Warren and Popppler to construct a service center that will include office space, training space, and warehouse space. As shown in the aerial photograph, the eastern third of the property is encompassed by existing vegetation and a stream corridor. I point this out because the stream corridor will be protected and it's a requirement of 60 feet on either side of that main stream where the the water is. Basically, [snorts] the vegetation will continue to serve as a buffer between the existing homes and the proposed use. Looking at zoning, there's a lot of existing a variety of existing zoning in this area. The subject property is proposed to be reszoned from a residential district to a commercial district. To the north the is the metobrook hospital as well as to the west and those actually have two different zoning categories. The north is commercial C2 and the east is our five for apartment houses.

[clears throat]

To the south is Westside Park and that zone single family. And across the street you have both single family homes and the public works facility. The public works facility is actually zoned M2 or general industrial. The subject property is recognized within the comprehensive plan which is the top graphic on the right uh for future land use of parks and recreation. This property is also within the main street corridor plan and that plan calls it out for future land use designation of highdensity residential. In considering the reasonzoning criteria, as you can see, this neighborhood has a mix of zoning classifications and land uses. The proposed service center is very similar to and possibly less intensive than the public works facility that's across the street on popppler because with the exception of the salt bin that is proposed on the school district property, this use will not have any outdoor storage. In looking at the site plan, the building is approximately 58,000 square feet in size. It has vehicular access from West Warren Street and all of the parking is proposed between the street and the front of the building. At the drive on the far right side, you've got gated access. So that the back portion of the building is uh is gated and they do have five dock doors proposed on the east side. Those will be screened by the trees preserved in the stream corridor area. There were several deviations that were requested as part of their application. And the graphic on the bottom is new since the planning commission meeting because one of the conditions related to

working with between the staff and the architect to draw attention to the entrances. And what they've done is they've made those two canopies over both of the entrances more substantial as well as the columns more substantial. So that fits better with the design standards for this building type. With that, I would conclude the staff presentation. At the public hearing, there were two people that did speak. They were expressed concern related to the impact on wildlife and preservation of the stream corridor related to the proposed construction as well as truck traffic, lighting and property values. After discussion among the planning commission about the zoning, lighting, and traffic, the planning commission did recommend approval of the final plat and excuse me, of the resoning and preliminary development plan with the four deviations as well as the final plat. And staff's recommending that you accept the dedication of rightaway and easements as shown on that final plat. If you have any questions, I'd be happy to answer them. And again, the applicants representatives are in attendance.

If there's any additional comments for this item, council questions. The only thing I had concerned about was the six those six docks. Are they expecting significant amounts of truck traffic with six docks in the back or on the side of me? I think it's four or five. I see. I see six on here, but it's five docks. Five docks. Some are um they're Well, it's hard to see, but if you see where LX3 area 3 that label is, they're along that side. Yes.

One I think it's one does allow for raise the rest are I believe so.

Yeah. Uh Jody Marshall, um assistant superintendent for the Gardener Edge School District, 14501 Oak Valley Drive, Gardener. Um yeah, those some of those questions came up before. Um this is a service center. It's not really a warehouse. I want to make sure I point this out. This is going to house our technology, our operations and food service staff members, and also our copy center. Um will there be truck tra? Absolutely. the food service will get probably a delivery once a week and it'll be one of the smaller um semiis and then we'll have box trucks. We have a couple box trucks in our fleet. Those will be coming and going and then primarily it'll be like the F250s or the Dodge Rams that are built out that our operation crew uses. Occasionally they tow a trailer with a utility tractor on it or Gator or something like that.

Um but generally speaking, this is not going to be a great deal of truck volume backing up um to those docks. Again, our technology department might get a load of servers or Chromebooks or something like that. And so that would be delivered on a larger truck. Um, but that's going to be maybe once or twice a month, not daily kind of traffic. But you see primarily box trucks and flatbeds much more than than your standard semis. Box trucks and um just our standard fleet. That's exactly what I was thinking. Kind of like what the city is generally using daytoday. Sure. Okay. Thank you. Thank you, Jody. appreciate it.

It does look like I mean they keep trees along that corridor there that that does provide some buffer to any would be coming in out of there.

I I I that's the way I see it. I think there are some committee members that would would really like us to do even much less than what the city codes and standards are. Um we're not going to exceed what the city codes are on that stream corridor. We've worked very closely with them. We had um Matt just came out to the site with us on Thursday before we started doing any work and we made sure that the new Kirk Novak, the construction company knew exactly where the 60 um feet barrier was. So, um are we going to clear probably a little bit more um beyond what some of our community members want to see? Maybe. But we're not going to exceed the city codes and ordinances and what we've been told we can do. Um, you know, someone talked about invasive species. Removing invasive species is good for the site. It's good for the community. And so, we are going to go in and some of those things where people might say they're attractive, like Bradford pears or whatever. They may have to come out of there because they're invasive. Um, and that's important for the long-term health of that property, which we're going to maintain at a high level. We will. And and just to clarify on the streamway setback, it is 60 feet on either side of that channel. So just so you're aware, the corridor will actually be 120 ft following the channel line essentially.

And we've asked for no deviations and if we would obviously we'd go through that process and we'd go above and beyond. Personally, I'm not worried about that traffic there because you have easy access to 56. Plus, if this stayed R3, you could have put 30 apartments in there and have traffic all the time. Now, it' be cars, but I mean, we're talking about, you know, onesy twosies here, so this doesn't seem like it's a an overload of traffic by any means.

Yeah. At the last meeting at the planning commission meeting, it was asked, "What other sites did we look at?" that we looked at a lot of sites and um we're going to be good neighbors, but this site is wonderful from us from an access standpoint. We can get to all of our buildings very quickly um and just get our stuff in and out and serve our buildings where students are attending very very very well. This is almost an ideal site. Again, we know there are uh homes in the area and we're going to be good neighbors. Um there was one person that mentioned animal migration patterns and the fact that there's been a lot of east west migrations in that area along that within now that's east west migration pattern is not going to be able to be held. So how how would there be mitigation on that? Would it just be you know managed? I know that we've got the tree preservation area but that's north south. That's not east west.

Yeah but the rest of it's flat right now. There's no vegetation. It's an open field. Yeah, that's correct. That's why animals use it because it's open and it's flat, right? But they're going to follow the stream still. Yeah. East west the building is going to be in the way. I acknowledge that. And we are going to fences, so the critters are not really going to get on our property. Although one of the community members afterwards gave us some things to think about. You know, our trash cans, we can't raccoons getting in there and things like that. So, those are things that we'll, you know, at least consider and try to save the critters from themselves as far as getting into our property and um getting caught on something.

Council do have questions. Is there a motion on this? Second. Motion McNair second Baldwin. We accept the recommendation planning commission approve ordinance number 2860 ordinance changing the zoning classification or districts of certain lands located in the city of Garner Kansas under the authority granted by title 17 of the municipal code of the city of Gartner Kansas. Council member Shu yes council member or Mayor Winter? Yes. Council member McNair. Yes. Council member Bwood. Yes. Council member De. Yes. Council member. Yes. Ordinance number 2860 passes. And is there an ordinance for the sec or a motion for the second part? Some moved. Second.

Motion deed and second McNair. We accept the dedication of right ofway and easements as shown on the 231 educational service center final plat 25-304-11. All in favor? I. All opposed. Uh second part passes. No business, no new business. We'll go to council updates. Uh chief, you've been pretty quiet over there. I don't have any updates tonight. Uh any thing you can report on? Um I put that the update that he was also given tonight in the FMM. I don't have anything different from that. Perfect. Thank you. I can go over that if you'd like.

No, that's good. We'll get the update. Thank you, city clerk. Um what are we doing next meeting? Oh, back to Monday. Back to Monday. Back to Monday. Because we have a very It's a go ahead. So we [clears throat] can do the uh induction installation. Installation at 6. Do the the Christmas tree lighting at 7. Come back do the council meeting at 8. Shouldn't last more than 30 minutes or so. We'll get it all done and then we can staff will have to go back. Sounds good.

Do you have anything else? Nothing. Nothing for me. David. Oh, sorry. Nothing for me. Dave, you haven't heard enough from me tonight. Um, I just wanted to remind people our planning commission meeting for this month is actually tomorrow night instead of next Monday. That's because of the holiday next week. So, we usually push that up. You will have items on that agenda that will be coming to you in December. So, in your second meeting in December, there will be planning items. Remain busy.

Good. Nothing tonight. I'll remind you.

Couple things. Uh, first off, I wanted to thank Steve Shu for his many years of service to the to the city as mayor, council member. Uh, Steve, you are very valuable to this council and, uh, sorry to see you voted out. your service will be honored and remembered for a long time to come. Second thing I had tonight, uh we had a really excellent epic ball game in Gardener Friday night. Uh both sides of fields were uh stands are back with Sean ignition. Uh two bands, two high school bands, fans on their feet. Gardner was down 20 or 14 or 21 points I don't remember going a couple minutes into the half and we pulled it out held basically scored us in the second half. Our defense came alive and our boys advanced uh again at home Friday night in the state semifinal.

Congratulations Blazers. Go Blazers. Uh yeah, go Blazers. that it's great that they're what four four or five. There's five uh state championship. If they make it party night, it'll be five in a row. If they win state, it'll be a first repeat history of the state six.

I'll ask I'll ask my wife about Lawrence. Hi. Um I I want to thank everybody on the deis. um you know uh coming here um on Monday nights um I always learn something new from everybody on here so I really appreciate that especially um all the different items that we had on here the different points of view are very welcome so I appreciate that and I appreciate everybody's comments tonight um we had quite a few people come up and speak and that's always a great thing too thanks Well, unless you

um in line with that comment about tree management, um I actually had a request while I was out campaigning to add more trees along the trail out at Celebration Park. Um, I know we've talked about it in the past, but just a reminder that others would like it as well. That's all I have. I have nothing. So, I will

Yeah. Uh, I I just wanted to to thank the citizens of of the community for the opportunity to serve them for the last 12 years. Um, we've been through a lot and I remember when I first came in in 2012, we had a lot of work to do to rehabilitate the image of our community. Uh, especially after the whole intermodal debacle. Uh, we worked very hard to make gardener not only uh more than just a four-letter word around the metro to all the developers, but also to u make it a really or keep it a really attractive place for people to come and live. And now people are going to have a chance to work and play here as well. Um, with all the great things that are coming down the pike. Um, we got across I35, we got down to Highway 99 Street, we preserved our de our our planning and development area uh for for decades to come. And um, you know, I my mother always told me, you know, you you know what you want to do is you want to try to leave a place better than when it in a better shape than what it was when you got there. And uh I want to thank the staff. The staff has been just totally amazing. We had to do some make some tough decisions. Um we've had some struggles, but in the end, we have just a tremendous group of people that I have really been honored to work with over the past many years here. And uh we couldn't have done any of this without the staff. Uh the staff is the heartbeat that makes the body go in this community. And uh I just wanted to thank all the staff past and present that have been involved in this. It's really it's really their accomplishments and the accomplishments of the people of the city that matter. Um I want to be remembered as somebody who put the this the concerns of the citizens ahead of anything else and I am praying that that

continues with this body. I believe that this council is in good hands. So thanks again. All I have to say. Okay. Um uh we need a motion to enter into executive session. So moved. Second. Motion D and second. Shoot. We enter into executive session to discuss matters of attorney client privilege. Um I'm sorry. Relating to Starbonds pursuant to KSA75-4319B2 beginning at what time is it? [cough] 8:33. 8:34. for returning to regular session at 8:44 p.m. All in favor? I.

All opposed, abstain. Executive session.

[snorts]

need some brownie points. [laughter] I mean, she has to be here, but you didn't. I'll walk around. Security. Well, we can have security. Yes. Did you get it? 844. I have a motion to return to regular session. So moved. Motion. Shoot. Second. McNeer. Return to regular session. All in favor? I. All opposed. Back in regular session. Do a motion to adjurnn. So moved. Second. Motion. Second. Uh was it shoot? Yeah, we

my last vote is my last. All in favor? I All opposed.