Olathe Council Members Want Basketball Court Removed Because it Would Rather Have Nothing At All

Olathe City Council members want a residential concrete basketball court a family built on city parkland removed.
The council had a public hearing Oct. 13 to decide whether Jeff and Lynette Lyon could keep the court but did not make a decision at that hearing. Council members referred the matter to City Manager Michael Wilkes and City Attorney Tom Glinstra to work out with the family.

During a comment session after Tuesday’s regular council meeting, which is not televised, Mayor Mike Copeland asked Wilkes for an update on removal of the basketball court. Other council members also gave Wilkes advice on when to remove the court. “We want it at a time when things can grow back,” Councilwoman Marge Vogt said.

Councilmen Jim Randall and John Bacon both agreed and said the court should be removed before spring, when the ground is still hard from winter. They also did not want the removal to occur during a time when park staff is busy, such as spring and summer.
Wilkes told the council he would work out a time with the Lyons for removal of the court.

Jeff Lyon hoped the city would sell the portion of parkland the court sits on behind his house in the 12000 block of South Hagan Street or allow him to keep it until the city wants to use the land — a lease type agreement — because of the benefit it provides to the neighborhood children. Glinstra, however, said the court was built without the city’s permission, and it violated several city ordinances and state law regulating parkland. The city also was concerned about the liability if they took the court into the park system. And, apparently, the city of Olathe would rather have nothing there to benefit the neighborhood children rather than something they are too busy to consider.

The city learned about the basketball court on Dec. 29, 2008, when someone using the park trail behind the Lyons’ house saw construction of the basketball court. The city inspected the site and found that a contractor used the city’s park trail to access Lyon’s property. Officials with the Parks and Recreation Department found that mud was packed on the park trail and a front-end loader had made ruts in park property and damaged trees. But Lyon cleaned the mud from the trail and fixed the ruts caused by the small loader. Lyon also landscaped around the court since its construction.

Lyon admitted he knew the property belonged to the city when he built the court, but he thought the city was a neglectful landlord. He based this on an incident that occurred in 1998. The green space behind their property is in a 100-year flood plain. When they moved in, the public green space land that butted against their property would flood and retain water.
Lyon said he reported the problem to the city but got no response. He spent almost $1,000 in 1998 to fill in the area to correct the standing water problem because it became a health issue. Of course, the city made no consideration or effort to reimburse Lyon for their neglectfulness.

The Parks and Recreation Department and the park foundation advisory board had asked Lyons to remove the court after conducting a hearing. Council members decided to allow the Lyons a chance to appeal the decision.