[Music] Good evening, Witchah and good evening to all  of you. Welcome to city hall and thank you for   joining us for the fourth evening meeting of the  year. I will call this meeting to order. With us   this evening is Pastor Ryan Emmens of Friendship  Baptist Church to provide our invocation.   Following that invocation, we will have the  pledge of allegiance. Can we please stand for both It looks like Pastor Emmens is not here this  evening. So, we will have a moment of silence. Thank you. I pledge algiance 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. Madam, Madame Clerk, can you please call the first item?  Approve the minutes of the regular meetings of   October 21st, 2025 and October 28th, 2025. Council  members, are there any changes or corrections to   those minutes? I see none. I move to approve the  minutes for the regular meeting of October 21st,   2025 and October 28th, 2025. Second. Motion and  a second. Any further discussion? I see none.   Madame clerk, can you please open the  role? I I. Motion passes. 70. Madame clerk,   please call the next item. Awards and  proclamations. Today's proclamations are 75th   anniversary of Old Cowtown Museum, National Family  Caregivers Month, National Injury Prevention Day.   May I please ask council member Ho Heisle to come   forward along with the Oldtown Museum  board of directors and any supporters. The proclamation reads, "The city of Witchah,  Kansas, founded in 1870, whereas Old Cowtown   Museum has served as a premier living history  site since its founding in 1950, preserving and   interpreting the rich heritage of Witchah, Sedwick  County, and the American frontier of the 1870s.   Whereas for 75 years, Old Cowtown Museum has  provided generations of visitors with immersive,   educational, and educational entertaining  experiences. These experiences connect people   to the struggles, triumphs, and daily lives of  those who built the early community of Witchah.   Whereas Old Cow Town Museum has preserved  historic structures, collections, and artifacts,   offering a unique opportunity to step back in time  and experience firsthand the culture and history   of the American West. Whereas the year 2025  marks the 75th anniversary of Old Cowtown Museum,   a milestone that deserves celebration and  recognition by the community and all those   who have visited, volunteered, and worked  to make the museum a success. Now therefore,   be it resolved that the Witchah City Council  does hereby proclaim the 75th anniversary of   Old Cow Town Museum. [Applause] Thank you,  Mayor Woo. Uh, I just want to thank everybody   in the community who has supported  this museum for the past 75 years.   It shows that generations of individuals and  residents have supported this museum and we look   forward to the next 75 years at the museum thanks  to our supporters, our elected officials and the   private donors who make this public private  partnership possible. Thank you. [Applause] You're friendly. May I please ask AARP Kansas and any of its  supporters to come forward at this time. Good to see you. Hello The proclamation reads, "The city of Witchah,  Kansas, founded in 1870. Whereas this November in   Kansas, we recognize the more than 400,000 family  caregivers across our state who are helping older   parents, spouses, and other loved ones live  independently in their homes and communities   instead of being forced into costly nursing homes.  Whereas Kansas family caregivers are among 63   million Americans honored during National Family  Caregivers Month. According to the AARP Public   Policy Institute, family caregivers in Kansas  provide 320,000 hours of care every year, adding   up to $4.5 million in unpaid labor annually.  Whereas family caregivers face tremendous   challenges financial, emotional and physical,  they do it all from bathing and meal preparation   to managing medications, arranging transportation  and performing complex medical or nursing tasks.   Whereas too often family caregivers sacrifice  their own financial stability, stop saving,   take on debt, use personal savings, or delay  paying bills to care for their loved ones. These   caregivers deserve not only our gratitude, but  also common sense solutions that save them money,   time, and stress. Now therefore, be it resolved  that the Witchah City Council does hereby proclaim   November 2025 as National Family Caregivers Month.  [Applause] Good evening everyone. To Mayor Woo and   members of the city council, we would like  to thank you very much for this opportunity   to recognize National Caregivers Month. As you  stated, there are so many caregivers within Kansas   and the number continues to grow. So, we're very  pleased to be able to recognize them, provide our   financial our support and advocate for financial  support for them going forward. Thank you. Thank you very much. May please ask ascension via Christi and any  of its supporters to come forward at this time. The proclamation reads, "The city  of Witchah, Kansas, founded in 1870,   whereas injuries are the leading cause of death  and disability to canons. Whereas the state of   Kansas is committed to creating and maintaining a  safe environment that contributes to the health,   safety, and well-being of all people.  Whereas hospitals, state agencies,   and community organizations across Kansas are  dedicated to protecting our communities from   preventable injuries and commend the heroes in  health care and all others who work tirelessly   in these efforts. Whereas the city of Witchah  encourages all citizens to raise awareness and   promote efforts to reduce injuries and improve  safety for all canons. Now therefore, be it   resolved that the Witchah City Council does hereby  proclaim November 18th, 2025 as National Injury   Prevention Day. [Applause] Good evening. Thank  you, Mayor Woo and city council members. My name   is Victoria Chandler and I serve as the injury  prevention coordinator at Ascension Via Christi,   our hospital over at St. Francis is the level  one trauma center where I am able to serve our   community and our trauma team. We want to talk  about the importance about injury prevention. The   campaign this year on November 18th is called  Shine the Light. Our hospital will be shining   green lights in the evening to raise awareness  for injury prevention throughout our communities. Thank you. [Applause] Thank you so much. I'm going to use a point of privilege uh to  recognize and allow state treasurer Steven Johnson   to come forward at this time. He just hosted a  big event at Exploration Place which was free to   any woman to learn about financial literacy. And  so I'm very appreciative of Treasurer Johnson.   So would you like to say a few words? Thank  you. Thank you, Mayor. Great to get to be with   you all. Uh so one word is thanks to the city of  Witchah for hosting us. One of the things that we   appreciated is the ability to get a message out  with our leaders and our media partners here in   the city of Witchah. We've worked on the women and  money event. This is our second year. And the goal   is just to provide information that can be trusted  for uh women specifically with the unique issues   they have with money. Um but in particular  talking about the importance of planning,   the importance of taking action and the importance  regardless of whether it's at the household level   or the state level or perhaps the city level of  working with the numbers as they are rather than   as we wish they were. so that we uh can make good  plans and have that opportunity to do the most   together and whatever it is that we're working  uh to use our financial assets for. But it really   was good. The the special thing about Witchah this  year, we actually closed registration a month ago   because the word got out, which is our goal. So,  thank you for that partnership. Mayor, thank you   for coming to kick everything off for wearing your  green for women and money today. Appreciate that.   uh but appreciate the chance to be here  and and share that message. So, thank you. Madame Clerk, can you please call the next item?  Public agenda. The public agenda allows for up to   five speakers to have five minutes each to address  the council. No action will be taken relative to   items on the public agenda other than referral  to the city manager for information as necessary.   Speakers will please state their name and address  for the record. A time clock will display the   speaker's remaining time to speak. Order and  rules of decorum will be observed. The first   speaker is Kinley Zering from the Sedick County  Register of Deeds regarding property fraud alert. Good evening, Mayor Woo and members of the city  council. Uh, my name is Kinley Zering. I live at   6429 South Jade. I serve as the chief deputy for  the Sedjo County Register of Deeds. On behalf of   the registered deeds, Tanya Buckingham, I want to  thank you for letting me take a few minutes and   share a quick overview of what our office does and  to highlight two free services that we offer to   help keep residents and notaries informed about  anything involving their names or property. So,   uh, a lot of people don't know what the  register of deeds office does. We're   responsible for recording and maintaining all  real estate documents within Seduk County. This   includes deeds, mortgages, leans, and releases.  And it helps prove who owns the property rights.   Our team's focus is to is very simple. It's to  make sure every record is accurate, permanent,   and easy to access. One of the tools that  we provide is called property fraud alert.   It is a free notification system that  will notify you by email, phone call,   or text. And it will give you a message  anytime a document is recorded in your name.   While it doesn't prevent fraud from happening,  it alerts you and it gives you a chance to review   that document and allow you to take action  quickly if some something doesn't look right.   It's really easy to sign up. All you have  to do is go to propertyfraudal alert.com,   select Sedick County, Kansas, and then register  your name and your contact method. It only takes   a minute and it'll give you that peace of mind  knowing that you'll be notified if something is   filed in your name. We also just recently launched  a brand new program called Notary Fraud Alert.   It went live just a few minutes uh a few weeks  ago and it works a lot like the property fraud,   but it's specifically designed for the notaries.  So, whenever a document is recorded using their   notary name or seal and they sign up for this  alert, they will also receive an email, a text,   or a phone alert right away. Again, it doesn't  um prevent misuse, but it gives them real time   alerts to let them know if a document that they  notorized is legitimate. and they just need to   go to our website county.org/deeds and go to the  notary fraudalert.com. We're really trying to get   the word out about these two free programs and we  would love your help in sharing this information   with the community. Our goal is simple, to  protect property rights, increase awareness,   and help residents and notaries stay one step  ahead. Thank you again for the opportunity   to speak today and thank you for helping us  spread the word about these valuable services. Thank you, Kenley. Thank you,  Council Member Glascott. Hey,   Kinley. Thank you so much for speaking  today. Uh specifically having briefly   served on the other side of the street,  well, I guess maybe two streets now. Um   having to toured the register deeds office and  seeing the incredible work you do. First off,   thank you for that. Could you briefly talk  about how you also file DD214s for individuals   as well and what you do for veterans because  I think that's an incredibly important service   that the registered deeds office offers. It  really is and actually we're doing an event   um for the Veterans Day parade um at  the Exploration Place where we will be   recording those DD214s for free. Um while you're  there, you can get your veteran ID and that's   um able to be used anywhere locally and then also  it will allow you to vote if you needed a form   of ID. Awesome. Thank you. Thank you. Thank you  very much, Kenley. Madame Clerk, can you please   call the next individual? David Martinez. Issues  with Second Light being moved to the neighborhood. Good to see you, David Martinez. I  don't see him present. Madame clerk,   can you please call the next individual? William Glander, affordable  housing and the price range. Good evening, council members. My name is William  Glander. I live at 235 North Elizabeth. I'm here   tonight to speak about what's happening to many  of us in District 6. We are being priced out of   our own neighborhood. Developers are coming in and  proposing new studio apartments for around a,000 a   month because a market annualist claims the media  income in our area is 80,000. I don't even make   that. I won't even make that whenever I retire.  I know it's not your guys's job to help out,   but I'm making you aware of this. But that  number doesn't reflect the real people who   live here. Many of us are homeowners who have  been here for decades. Others are renters, re   single parents or people working hard every day.  And we live paycheck to paycheck. Most of us come   close to 80 a year, but not all of us. We want  our community to look good. We want investment,   but responsibility investments, the kind that  straighten strengthens our neighborhoods without   pushing us out. Because when these highric  developments come in, everything around them   goes up, too. Property taxes rises for longtime  homeowners. Landlords raise rent too much. The   new market rates. The suddenly families we have  been here for generations can't afford to stay.   That's not progress. That's displacement. This is  what people mean when they say economic price out.   When lines are drawn not on a map but throughout  affordability and devised the community by income   instead of uniting us uniting us as neighbors.  We need a city plan that balances growth with   fairness. Before approving these high-end  projects, I'm asking the council to consider   how will this impact current residents cost  of living? What protection can be put in place   to keep taxes and rent stable? Can we require  developers to include affordable of workforce   housing so people who already live here can  stay here? We deserve the chance to benefit   from the progress happening around us, not to be  pushed out because of it. Thank you for your time.   But another thing I also want to add in there,  many of us want to be homeowners. We want I want   to stay as a homeowner. I do not want to live in  an apartment. I want to die in my house. So when I   see all these apartments popping up and the price  is pricing me out, it's making it hard on me.   So, as a city employee of what little I do make or  what I will make when I retire, when the prices go   up, I won't be able to afford to live. And then  I got many people in my neighborhood that only   make 30 to 20,000 a year because they're on low  subsidy income. So, with the people that in the   meeting I went to a while back, they said that  the annual income is 80,000 in Deleno. and I'm   up here to let you know I don't even come close  to that. So, thank you. Any questions? Thank you,   William. Y'all have a good day. Council member  Hohheisle. Thank you, Mayor. And thanks. Thank   you, William. You um you're speaking about things  that a lot of us are facing right now. Increased   property values, increased rents, increased um  cost of home home ownership. Um we do have some   things in the work we're talking about. Uh part  of the issue is that um when we give subsidies   or we give some sort of tax breaks to people for  affordable housing. A lot of times it comes in   the form of multif family units. Um I wish that we  could compel people to want to build single family   homes more. Um and that that's something we're  looking at. We're also working with our state   partners to identify some funding sources and  some things we can do to make home builds and   home ownership more affordable. So, it is it's a  difficult topic right now, but it's something I   think that we're all focused on up here. Yeah. And  I know it ain't all your guys' responsibility, but   I I just need to make it aware what's happening  behind the scenes. Yes, sir. I appreciate that.   Thank you. Thank you again, William. Madame  clerk, can you please call the next individual?   The next individual called right before the  meeting to advise they weren't coming. So,   the next one after that is Cibil Strum. How can  you unlawfully take a house without permission? My name is Civil Storm. I reside at 326 Northw.  The central is a bully. central inspection get   their uniforms on and they go bully people they  don't like. My neighbor 324 has a tree limb on her   roof. She needs a roof done and nobody's doing  nothing to her. And I was not on the premises   when the central came in and broke in my house  and took pictures. And I made a police report   because I told by Dave Unaroo, the set the county  commissioner that I should report it. They're   bullies. They come on your property. They don't  tell you who they are, but they take pictures. And   I was at 2909 North Richmond when it happened.  And I have proof that I do own the house.   The Mrs. Ballard said I didn't own the house.  I went to the civil litigation legal aid went   and said that I own the house but I was not there  when they came in. They had no right to come in my   house without my verification. I am not happy. I  would like to know how these bullies, Metropolitan   Planning and Central get by because they should be  put in jail for breaking and entering. And then I   got my Victorian tough uh stolen by them and I am  not happy. I have been there for the community. I   have been a teachers aid. I helped the the youth  that were actually in alcoholic and druginfested environments and I took them in. Some of the  police would give me them. I would say things   like, "What do you want? I want you to take care  of these kids." And I'm devastated. It has been   emotional. It's been mental. and I don't like  it. You don't bully people. And how come some   of these people in my neighborhood are getting  by? It's because of favoritism. That's what's   going on. And you guys need to investigate it.  And when I asked who the city the central was,   they were not telling. I did not get information  on it. I asked again. I have not yet got anywhere   with them. So I went to the police and I wrote I  got them for suspicious. They broke in my house.   They took pictures without my consent and I didn't  even know them. My neighbor who's deceased called   me up. He says, "There's a guy in your house."  My old house. It was a 1910. And what happened?   They started yelling at each other. You know, they  were being kind of yelling. He asked who he was.   He didn't want to answer. And now I'm paying  a $30,000 house. Nobody gave me that house.   And when I went to the Riley Rock, I had a  breakin. And when I went to Mount Carwell   apartments, which she stated that was I, you  know, they paid for the moving, it was a bad   place to live. Do you think our US citizens  should put up with these? I don't think so. I   don't. And then my ne my my daughter calls me up  and she says a central came and bullied her. This   is not good. This is not the way to go. And I am  devastated. It has hurt me emotionally, mentally,   physically and I'm done with it. And I do have a  police report of the central coming in. And then   the legal aid went and helped me get my property  and energy came in my property and puts and tires.   Thank you, Miss Thank you. Uh, city manager  Leighton, can you just please address some of   uh these accusations and how long ago these  were? You did not give enough information. Mayor, I apologize. I don't remember exactly the  time frame. 20th. We're November the 20th. 20 the   20th. Miss Cibil, can you please sit down? 2019.  Miss Miss Cibil, can you please sit down? City   Manager Leighton. Yes. It's a long history, Mayor.  Um, and one that I can't repeat from memory. Um,   there were concerns that were expressed  regarding the condition of Miss Strum's um living   conditions, her home. Um, we attempted to um  provide repairs necessary for her to stay in the   home. uh that turned out to be cost prohibitive.  So then we provided assistance for her to go into   another location and um we also put her up during  an interim period while we were trying to achieve   uh permanent housing for her which she is now  in. Um, obviously there are multiple sides to   this story and perceptions, but um, we we have a  I think a pretty long documentation of everything   we've done to try to help Miss Strum stay  in uh, safe permanent housing. Thank you,   city manager. This means that there are two spots  available for anyone who would like to address the   council. I see none. I'm bringing it back to  the bench. Madame Clerk, can you please call   the next item? Consent agenda items 1 through 26.  Council members, are there any items to be pulled? I see none. I move to  approve consent agenda items. Second. Motion and a second. Any further  discussion? I see none. Madame clerk,   can you please open the roll? Motion passes 70. Madame clerk,   please call the next item. Board of bids  and contracts dated November 3rd, 2025. Good evening, mayor, members, city council.  Jason Brogden from the Department of Finance.   Board is convened on Monday, November 3rd for the  following recommendations. Oops. For engineering,   we have sanitary sewer improvements to serve  oak tree edition recommended Apex Excavating   for $220,000, $511. For purchasing,  we have renovation of administration   office for the Kansas Aviation Museum for  Van Adell Construction LLC for $13,300 for Sam Bunker Renovation McDonald Golf  Course, Fleetwood Services LLC for $33,200. meters, replacement parts, and Itron  ERTS recommended meter uh for two   different vendors for three different  groups. Aggregate total for $796,63055. We have Rock Salt for snow and ice  control change order. Amend the   contract for Hutcherson Salt Company  for $261,300. Um, for the airport,   we have Streetside Snow and Ice Removal for  Eisenhower National Airport. Recommended SLM   Inc. doing business at Suburban Landscape  Management for $105,000. This is how to   become a vendor with the city of Witchah. How to  register. These are some our purchasing calendar,   some events we have coming up that we're going  to participate in or host with our small business   partners. These are the open opportunities we  have right now for the public. And I recommend   you approve these recommendations and I can stand  for any questions. Thank you, Jason. Any questions   for staff? I see none. I move to approve the  board of bids and contracts dated November 3rd,   2025. Second. Motion and a second. Any further  discussion? I see none. Madame clerk, please open   the role. Motion passes 70. Madame clerk, please  call the next item. Public hearing and request   by Lang Jen Y LLC for approval of a letter  of intent to issue industrial revenue bonds. Sorry about that. Troy Anderson,  assistant city manager. Um, want to let   uh city council know that the  applicant has requested that   this item be withdrawn. No action  needs to be taken by city council. Receive and file. Do we need a vote for receive  and file? We don't. Very good. Thank you,   Troy. Madame clerk, please call the next item.   Quarterly financial reports for the  period ended September 30th, 2025. Good morning, mayor, members of city council. Mark  Manning with the department of finance. Uh today I   want to present to you the third quarter report  for 2025. Uh so just a reminder, third quarter   report includes unodudited financial activity  in this case through September 30th of 2025.   uh we'll use this data and what we'll do is  we'll compare it to what we expected to happen   in this case uh the 2025 revised budget and then  we'll also look forward on uh maybe make some   assumptions on what might happen in 2026 compared  to what we previously provided guidance on and   we'll also use this data to identify any areas  we might want to focus our attention on in the   future. So high level general fund revenues are  performing pretty well. A lot of this, by the way,   is going to be pretty redundant because a lot of  the themes I'm going to talk to you about are very   similar to the themes that we've talked about  in the last several quarterly uh reports. Our   revenues are performing pretty well overall.  Interest earnings is particularly strong this   year. I'll go into a little bit more detail on  that in a minute. Property tax and sales tax are   also performing a little bit better than what we  expected. So, all those are really good things. Uh   on the expenditure side, our expenditures are also  rising a little bit more than what we expected.   Uh nearly all of that is due to salaries and  wage pressure. Uh that's because of wage rate   increases, but primarily due to our uh filling  of positions. And we'll talk about that a little   bit more in a minute. But recall our strategy  is to try to fill positions so we can maintain   service levels particularly in public safety.  Uh and this year we've been pretty successful in   that. Uh but that does increase upward pressure  on our expenditures. uh but overall we would   expect revenues and expenditures while maybe  a little bit higher than what we had budgeted   uh we still are maintaining our guidance that  we expect this year to be a balanced budget.   So let's talk about four things that are really  driving everything I talked about and again three   of these are redundant interest earnings. Uh we  know that interest earnings are going to go down   at some point. It's just a matter of when and how  fast. Well, the Fed started cutting in September.   Uh so that's what we've been waiting for. But  fortunately in 2025 our model was based on a   little bit more aggressive reductions which means  that we are probably going to overcolct fairly   significantly in 2025. Uh but uh what we expected  in the future is probably going to happen which   is that we would expect uh interest earnings to  decline in the future. Franchise fees we talked   many times about how that's largely dependent  on weather. Uh that really benefited us in Q1   particularly on natural gas. Uh Q3 will probably  be a little soft again because that's primarily   electricity in the summertime and uh our weather  was a little bit milder uh than than normal. So we   may have a little bit of weakness in franchise  fees. We'll keep an eye on that. Uh salaries   and benefits I mentioned uh savings from unfilled  positions are less than budgeted which means we're   more successful in filling our vacant positions.  That puts upward pressure on our salaries and   benefits wage base. Uh finally the fourth bullet  there is something we haven't talked about much.   As you probably know, we pay uh fees to the  Sedick County Jail for inmates that they uh   house or defendants that they house for us. Uh  those costs are increasing fairly significantly.   A lot of that's based on enforcement strategies  and enforcement activities, but we are seeing   some upward pressure there. So, let me dive down  just a brief minute on positions. Uh we budget in   the adopted budget 100% of the cost for every  authorized position. But we know that's never   going to happen. So then we have a deduction  which we call shrinkage of a percentage which   is our estimate of what we actually will spend.  Typically that's 2 or 3%. So in other words,   we're going to budget roughly 97% of the cost to  fill every single city position and and we want   to be as accurate as possible. Now recall we had  fairly significant surpluses in 22, 23, and 24.   A lot of that was driven because we estimated  our savings too low and we had challenges filling   positions. So we uh we had excess savings which  led to some fairly significant surpluses. Uh that   scenario is probably going to be reversed this  year. We intentionally increased our shrinkage   adjustment in 2025 based on our past history and  then we had better luck filling positions this   year. So that's going to create a little upward  pressure on our budget this year. Uh particularly   in salaries and benefits expenditures. Again,  we want to be as accurate as possible. We want   to fill positions. That's strategically good. Uh  but uh if we if we fill more than what we expected   financially, it impacts us a little bit. Uh let  me talk a little bit about the challenges we   have in providing accurate guidance in the fourth  quarter. Fourth quarter is our most challenging   quarter because a lot of things happen at the  very end of the year. For example, we're going   to get sales tax and motor vehicle taxes, which  is about $10 million. We'll get those usually the   day after Christmas. Obviously, four days left in  the in the fiscal year. Uh September or December   is a challenging month for salaries, particularly  in public safety. There's a lot of holiday pay.   There's some clothing allowances that we pay only  in December. Uh there's a lot of year-end payroll   acrruel. A lot of things happen in December  which makes it particularly very challenging for   us to project uh purchasing activity curtails in  December. Uh you know our departments manage that   and uh they know what the expectations are but  it's sometimes a challenge for us to accurately   forecast what actually will occur in December.  And finally we make a lot of closing entries   uh usually at the very end of December and  sometimes actually even into January before   we close the month. And uh so until those closing  entries occur, it's really a challenge for us to   provide exact guidance. Uh so in in summary this  year, I would say revenues could be as high as   $3 million over. Again, most of that's going to be  on interest earnings. JL fees could be a million   and a half dollars more than what we expected.  So that's definitely a tailwind. Uh salaries and   wages again, you know, could be a little higher  than what we expected. They certainly probably   won't be materally lower than what we expected. uh  now point out some strategies that we'll we have   the availability to employ year end. You may  recall the budget includes about 2.2 million   in transfers out of the general fund to cash fund  capital projects uh if we need to. That's a option   that we can adjust those if we needed to in order  to balance and comply with our reserve policy. Uh   we'll also by the way present uh closing closing  adjustments and other adjustments on December   16th. So that'll give us another opportunity if  we need to to present any additional options to   you. Uh but overall we do expect to be balanced.  So I told you we would flip and kind of take our   experience this year and maybe look a little bit  into next year. Uh maybe give you a preview of   what we might present in February or March of  next year. Uh again very preliminarily. Uh but   I noted interest earnings are higher this year.  Even though we expect them to decline, I think   that they will probably decline less than what we  have budgeted next year, which is a good thing. So   that probably will be a little bit of a tailwind  on our revenue side in 2026. Uh I mentioned we   budgeted shrinkage high in 2025 and we turned out  we're probably not going to be correct in that.   We're actually budgeted it lower in 26 and seven.  In other words, we expected to be more successful   filling positions in 26 and 7. It just turns out  that success has occurred a little bit earlier   than we than we thought in 2025. So, we should  be uh have a a tailwind there on the expenditure   side, not as much pressure. Now, on the negative  side, uh we still have some contracts uh that are   open for 2026. Depending on where those contracts  come in relative to what we have budgeted,   uh that definitely could be a headwind into  2026. And finally, I mentioned jail fees. And   if those stay at the elevated level, that also  could be a tailwind or a headwind, I'm sorry,   in 2026. Uh let's touch on some other funds.  And we have 36 other funds. I typically only   touch on the ones that uh are operating outside  the norm. Uh I just mentioned a couple here. Uh   transient guest tax growth in 25 is a little bit  below expectations. Uh it's a $10 million base and   we might under collect by a couple hundred,000. So  nothing to be concerned about. and we were pretty   aggressive on our growth assumptions, but we  probably will undercollect a little bit on trans   and gas tax. Uh I usually don't talk about tiffs,  but I thought I'd point out a couple. The West   Bank and Center City TIFFs, the increments are  actually performing very well in those two tiffs,   uh higher than what we expected, and  that's a really good thing. And by the way,   I know we talked about TIFFs occasionally.  Uh this quarterly, as every quarterly does,   has a pretty exhaustive uh review of our TIFFs.  And that in this quarterly happens to be on page   21 through 34. Uh, finally, I should note water  revenues. Uh, as you would probably expect based   on the conservation efforts this summer, our water  revenues are down about $2 million. Recurring   revenues are down about $2 million uh through uh  Q3. Again, that's probably something we should   have expected. Uh, but the good news is operating  revenues are also relatively flat compared to   next year. But, uh, definitely the water utility  will merit some uh uh some continue monitoring.   Let's talk about our city debt. We always  show this slide. Uh we've mentioned how it   typically is going to change and that is  that our growth is primarily going to be   again on the water and sewer revenue uh debt  and loans slide. Uh our total uh bonds and   loans is about $1.5 billion. Again, the vast  majority of that is in our enterprise funds,   primarily our utilities. Uh I will mention  general obligation debt which is the portion   mostly paid with property tax is about  5% of our total or about $75 million. Uh let me wrap up by talking about ARPA. Uh as  you may know we're required to submit a report   to Treasury on ARPA each quarter. Uh we have  submitted that report and uh by the way it is also   available online uh through the third quarter.  Uh we we spent we spent about 4.2 million in the   third quarter and we spent about $60 million  roughly. Uh recall we started with about $72   million. Uh we have I believe about eight projects  that have unexpended balances. Uh now those are   obligated. Uh but we need to spend them. We have  until December uh 31st of 2026 to expend those. Uh   that's a handful of capital improvement projects  with relatively small amounts. Uh the MAC still   has a fairly sizable amount uh unexpended uh and  affordable housing does as well. And then violence   interruptors and uh uh healthy corner store are  the others that have uh balances remaining. I'd   also note that this uh report obviously was done  in September 30th. Uh that's five weeks ago. I   can tell you that we've spent another $2.6  million uh since we produced this report. So,   we're actually up to about $62.7 million in total  ARPA expenditures. Uh, again, the quarterly report   and the ARPA report are both available online.  And, uh, with that, I'll move to my conclusions.   Wage expenditures are increasing, putting pressure  on us. Pressure we didn't have last year. Uh,   but we still expect a balanced budget this year  and probably with a a a small surplus. uh we'll   present some technical and closing adjustments  to you most likely on December 16th and uh we'll   provide a little bit better guidance then most  likely and finally as I noted the quarterly report   and the ARPA report are available online and I  think that's my last slide. Uh so the recommended   action is receive and file the quarterly report  and I'll be happy to answer any questions. Thank you Mark. Questions for staff beginning  with Vice Mayor Johnston. Thank you mayor. Mark,   thank you very much. Always good good news. So,  I appreciate that. I have some questions on the   ARPA funds, a couple of the projects there. Uh,  one is on page 22 of violence interruptors. There   seems to be, which I do like that program. Um,  there seems to be missing data on the number of   contacts of high-risk individuals. There's no data  for June, July, August, or September. Is there   a reason there's no data? I'm going to defer to  Assistant City Manager Martin. Okay. Good evening,   mayor, city council. Um, thank you for the  question, Vice Mayor. Um, as to the reason   why the data hasn't been reported to the city, I  don't know. I do have a third quarter report from   the program evaluator that's handling the value,  um, excuse me, violence interrupters program. Um,   and that includes the data you mentioned. I'm  anticipating a fourth quarter report that I should   receive within the next 30 days. My hope was for  violence interruptors, which is currently going   through a subreient monitoring. So, we have our  external auditor conducting an audit uh to make   sure that we're complying with the code of federal  regulations. I'm expecting a fourth quarter report   from the program evaluator which will cover the  first year of the program uh being in service.   Want to combine those documents along with the  site certification that the violence interrupterss   program has gone uh underwent within the last 30  days. Plan to package those materials, provide you   updated data by the end of the year. Okay. Thank  you. I actually have a follow-up to that. Um,   there is a note on page 16 that does share that  there will not be a quarter 4 number because other   performance measures include updates through Q2  of 2025 and are reported annually going forward.   So that data will not be available. However, I  would like to see that data moving forward. I   think that it's important if we've already started  a track record of monthly um engagements on number   of contacts, conflicts resolved, and prevented  retaliations. We should continue having that data   monthly uh so that we can track and I really  believe that being data informed requires us   to actually have full data. So I would not like  to see annual data but rather monthly. Glad to   provide that information to you. Um Mayor Woo, the  reports we currently receive are quarterly. I'll   talk to the program evaluator and CI about getting  monthly reports. Um, another important thing to   note, the program evalu evaluator operates on a  different cadence or schedule than we do as far as   quarter. It's not our financial quarter. Um, the  programs or excuse me, the sites were initiated   in September of 2024. That started that's day one  in terms of program evaluation. So, the quarters   don't necessarily line up heard you in terms of  the data you'd like to receive. I'll work with the   program evaluator as well as community engagement  institute to provide that data. Thank you. Okay.   I think u another question if that may be um on  page uh 4041 who takes this one the healthy corner   store initiative is that Dante too okay I'll  stick around this time okay thank you um some some   questions on on that um it seems like the majority  of the money was spent at Mr. sees the watermelon   kings product stands. Yeah. $65,000. Is are we  just buying the food for the stands and they're   selling them or? Not at all. And thank you for  the question and glad to provide clarification. U   Mr. Vice Mayor. Um Community Engagement Institute  is our subreient per the grant. As per the model,   Community Engagement Institute contacted  neighborhood corner stores to see who   would be partners in the initiative. Uh Mr. MC's  market stepped up to the plate and is serving as   a distributor for the other uh locations that are  participating in the program. Uh based on the last   report I received, we are up to 13 programs. So  the number may seem inflated for Mr. MC's because   they're the distributor. Um and along with that,  Mr. MC's was one of the early adopters in terms   of converting its store uh installing equipment so  that uh healthy foods and produce can be provided.   Yeah, I read bought some equipment for him to  to do that. And there was 33,000 for Mr. MC's   market. Yeah. So, but there was another there's a  wholesale for 8,300. Yeah. Um, then there's 65,000   for product stands, right? And so, I I don't I'll  drill down and provide you more specific data.   The best answer I can give you tonight is that as  our distributor, they're going to have the bulk of   the invoices or the receipts and then they'll  distribute the healthy produce out to other   partners in the store. Um I I do expect that to  change slightly going forward in that we started   with five stores, excuse me, the program started  with five stores. We're now up to 13. We're also   having conversations with regional distributors  and so the model may change so to speak. Greatly   appreciate the work that Mr. MC's has done up  until this point. The model is evolving. Um   I'll get you a drill down in terms of the numbers  you're looking at and more specific data. Okay. I   I am questioning one of those five places. Okay.  Uh it is called Healthy Corner Store Initiative.   Yeah. And one of the places is is a 21 smoke shop.  Okay. Why why are we putting healthy food in a 21   smoke shop? Um not familiar with the business. um  I could follow up with the community engagement   institute to get more details about that business  in particular and most importantly what guidelines   have we put in place in terms of the program and  if that particular business meets the requirements   of of the program. Okay. Who who has oversight  of this? Uh as far as day-to-day oversight, a   uh community service rep within the city manager's  office works closely with community engagement   institute. In terms of subreient oversight, who  we hold accountable to administering the program,   that's going to be Scott, Dr. Scott Whitick at  the Community Engagement Institute of Witchaw   State University. That's who I'll follow up with.  Okay. Okay. Thank you. I would like a followup.   Okay. Glad if you don't mind. Sure. I have one  more question. Probably not you though. Okay. Um,   I noticed on the Westlink library there was  uh 48 about $48,000 remaining in that in that   budget. Yes, sir. I know I have residents call  me wanting to have a sun shade over the play area   because it gets really hot in the summertime.  Would those funds be available for that? Uh,   I don't I don't think there's a path forward  on that, council member. We can only spend   ARPA money on things that were committed to prior  to December 31st of 2024. And as far as I know,   we have no purchase order or commitment for a  canopy at the Westlake Library as of that date,   which would render it ineligible for ARPA. Okay.  At some point, I'd like to see one of those. Yeah.   Because I did go out there on a hot afternoon.  You couldn't play out there. So, thank you, Council Member Hohisel. Thank you, Mayor.  Uh, Mark, I ask this every time. What are   the projections as far as the interest rates? I  I'm trying to figure how I can answer that simply.   We have, generally speaking, we have modeled a  projection in which we expect them to reach a   terminal rate of about 3%, which happens to be  what the Federal Reserve's dot plot, if you're   familiar with that, would show by about 2027. Uh I  think the challenge is our model assumed that they   would drop through 26 and 27 a little bit more  aggressively than what they're actually doing. And   that's why we even though we expect earnings to  decline, we may actually overcolct particularly in   206 and possibly in 2027. But ultimately our model  is based on them reverting back to a normalized   rate of about 3% uh sometime in 2027. And they've  had two cuts this year of uh a quarter. What's it?   Oh yeah. Yeah, they did a quarter in September  and a quarter in October. And the, you know,   the word on the street is they'll probably do a  quarter in December. Although, we'll we'll we'll   see. They have a lot of pressure on them. And  that'll bring it to three and a half% then if   they do another quarter. Yeah. Either three and a  half or 375. I can't remember whether they started   at four and a half or four and a quarter. Okay.  Yeah. Yeah. Yeah. I'd be interested to see. Just   always just kind of curious about that. And  I'll tell you not to go too much in detail,   but I will tell you one more thing. You know, our  portfolio has a duration. duration is the length   of time in which on average we've invested  our funds and we're restricted by policy   uh in that uh but generally speaking our duration  is a little over a year right now. So what that   means is our interest rate risk is relatively  small within a year. That's why I'm pretty   confident that we're going to overcolct next year  because I know what our portfolio is earning. So   I think our risk is pretty insignificant 26  but if they continue to cut we'll probably   have greater risk in 27. Okay. Appreciate  it. Yes sir. Mark, one question regarding   um item number or slide number 26 about jail  fees. Yes, ma'am. Uh I believe it was 1.5   million. Can you address you said that there  has been greater enforcement. Can you expand   on that? Uh yes, ma'am. uh in talking to the uh  prosecutor's office and the police department,   uh we primarily pay jail fees on uh defendants  held on municipal charges, not on state charges,   but on municipal charges or the ones that are  serving time on municipal charges. Uh a couple   areas in which we've increased activity as my  understanding is the property tax or I'm sorry   the property crimes uh reduction task force  uh has been very aggressive in uh looking at   uh petite theft and things of that nature and  they've been pretty successful in that. Well,   I think a lot of those are municipal charges  uh which means that we incur jail fees but   again that's part of their strategic initiative  which has been successful in producing outcomes   uh aligned to our strategic plan. The other area  I think is in domestic violence. Uh I certainly am   not an expert in that area, but I understand we've  been a little bit more aggressive in that area. Uh   which again is typically municipal charge, which  is increasing our jail fees. Thank you for that.   I see no further questions for staff. We'll open  it up for public comment. I see no one from the   public. With that, I will bring it back to the  bench and move that the city council receive   and file the quarterly financial reports for  the period ending September 30th, 2025. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 70. Madame clerk,   please call the next item. Funding  for 2026 facilities maintenance. Good evening, mayor, council members. Chris Su,  public works and utilities. This item we're asking   to initiate our maintenance funding for this year.  There's roughly 15 different line items being   initiated. They're covering over 350 buildings.  That's a smaller subset of our grand total of   roughly 575 buildings if we include airport and  the utilities. The replacement value of the ones   that we have covered in these maintenance funds  is roughly $1.6 billion dollar. So we have quite   a sizable portfolio. The maintenance funds we  prioritize the investments that come out of   those using our decision support tool. It's uh  uses a genetic algorithm to optimize risk within   our portfolio so that it addresses critical items  first. Critical to us meaning if something fails,   you're going to feel it in the building. HVAC,  electrical, fire, life safety, that sort of   thing. Here are the geo bond items. Uh the TGT  will come later. I'll cover a couple of these   real quick. Um the automated building controls,  that's an interesting one. That's usually the HVAC   controls within a building. The past expenditures,  there have been some um board of bid items that   have come to you recently where this funding is  being used. We're updating the controls at the   fire training facility and also at the Witchto Art  Museum. So that work's going to continue as well.   The botanica improvements, that's a more specific  item. We'll cover that here in a second, but it's   more of the programmatic needs of that uh facility  that will address more aesthetic components. City   facility improvements is another interesting  one. It combines park and wreck, libraries,   and neighborhood city halls all into one fund.  uh whereas park facility maintenance that's on   the second line also directly affects parks and  those are directly um prioritized by the DST   software as to what work gets done in those city  hall maintenance we'll have an example of that   one here in a moment 1.2 2 million. Almost all  of that's going to be chewed up in one project.   And then facility security improvements.  That's primarily security cameras, outdoor   lighting at exterior entrances and so forth.  And police facility maintenance as well. You can   uh probably imagine not much of that's going to be  going to Patrol East as it is brand new. There's   nothing planned there or patrol west who's going  to be brand new here shortly. All of that's going   to patrol north south the bomb squad building  that's out on West Pony and the animal shelter the   botanica improvements line as I mentioned the DST  prioritizes things in a on a risk base and to that   end some things just don't rise up to the level to  get funding because they're so far down the list.   Um, one of those is the pergola structures that  Illuminations uses at Botanica as well as the pond   boardwalk. So, that's roughly $700,000 that'll  be replaced as part of next year's funding. Uh,   Evergreen Rec Center. This is a DST item,  obviously. Fire sprinkler replacement that   needs to uh fire sprinklers typically have about  a 40-year useful lifespan. So, that one's come up.   And as I mentioned, the city hall maintenance  fund, uh, 900,000 is being budgeted for this one   air handler fan unit replacement. Now, there's  six air handlers in this building, and each fan   is roughly 125 horsepower. So, you might imagine  they're a little uh little expensive to replace,   and they are also original to the building. So,  commend our maintenance staff for having fans   that have lasted for almost 50 years. Here's the  TGT funds. There's only two, Century 2 and the   Cow Town improvements. Happy 75th birthday to  them. Uh we'll see their uh improvements here   in a second. Uh about three years ago, we had  a 10-year plan with ASM as to what to do with   the Century 2 maintenance funds. And as part of  that deal, 5 million of the initial funding went   to replace the Century 2 blue roof. And from then  on, only $250,000 of the remaining C2 funds would   be directed by facilities, us, the remainder  directed by ASM, who is actually doing a very   good job of prioritizing the same types of things  that we would be doing. The cow town improvements,   I mentioned the law office needs a new roof,  refurbish the interior slightly. The two restroom   buildings out on the property also require u quite  a bit of interior remodel. And then as I said   before, sometimes the non-critical things just  don't rise to the level of the DST recommending   them. So the painting and repairing of siding  is more of a prioritization from the cultural uh   folks that want that done at their property. And  it was a specific line item that was approved in   uh last year's CIP. So with that, I'd recommend  we approve the projects, adopt the bonding   resolutions, author as necessary signatures,  stand for questions. Thank you, Chris. Questions   for staff? I have one. Um I wanted to know I  see that if you can go back to the slide where   um all the different items are being there we go  allocated with funds. Fire and police stations,   more specifically fire stations. I've had the  opportunity to go to various fire stations   this year uh to talk with firefighters about what  they're experiencing and um I wanted to know how   you prioritize for instance um making sure that  the windows or roof are fully sealed so that when   they are sleeping there's no water coming in um  from snow. Right. As uh roof leaks are reported   we are sent out and have a contract to repair  them. But the roof replacement overall that   gets prioritized by the DST. Um, if I remember  correctly, one of them is due for next year. I   can't remember exactly which fire station it was,  but u much of last year's funding is actually   going to be going to fire station one. Uh, we're  going to replace the entire HVAC system in that   building. I know that's been a point of contention  recently and it's been slightly delayed in the   fact that we have learned from the uh design work  that's ongoing for the new fire stations down at   uh nearby the airport facility, the Southwest fire  station. Some of the work that's going into that,   producing a new template for a fire station,  we want to carry over into all the other   uh fire stations as well, like adding extra  decontamination areas, better control of   the air flow in there. So, um, a little better  control of the contaminants that come back into   those facilities. But, uh, to directly answer  your question, yeah, uh, the fire facilities   maintenance, that's a directly DST funded line  item. So, it's almost always going to be on to   roof replacements and electrical improvements,  but, uh, the day-to-day maintenance that that's   just as it's reported and repaired. I just I guess  want to make a comment and make sure that before   winter really hits us here in Witchah that I  want to make sure that our fire stations all   don't have leaks so that our individuals who are  sleeping in those quarters are firefighters are   not being faced with again precipitation from the  outside. So that could be something that can be   addressed. just make sure double check um what is  it 21 fire stations that we have. As Chris said,   they work on they have work orders that are uh  based on concerns expressed by the department.   Thank you. I see no further questions for staff.  Thank you very much. We will open it up for public   comment. I see none. I'll bring it back to the  bench. With that, um I simply want to say thank   you for continuing to maintain uh facilities  that we have already invested in. Uh it is very   important that we make sure that um roofs are not  u leaking or they get replaced. Um there these are   all important items that we need to consider as we  move forward. And so thank you again to staff who   continue to look at all of the 500 plus buildings  in the city of Witchah. Um and I know that it is   a lot for you guys to uh review each year, but  again um I hope that when people see uh something   that's wrong in one of the buildings that they  reported to their superior so that then it can   be addressed as soon as possible. With that, I  move that the city council approve the projects,   adopt the bonding resolutions, and authorize  the necessary signatures. Second. Motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,   please call the next item. Funding  for 2026 sidewalk maintenance program. Good evening, mayor, city council members.  Paul Gunelman, public works and utilities.   For the record, the public works department  public works and utilities department overseas   an annual program for sidewalk repairs as  provided by charter ordinance number 88.   Staff continually receives requests  to repair uneven or broken sidewalk   sections that may be considered  a trip hazard or safety concern   with the cost of repairs generally being  reimbursed by the budding property owner. Sections of sidewalk with multiple cracks  or cracks wide enough to allow grass to grow   shall be replaced. Sections of sidewalk that are  raised or have sunken one inch or more creating   a trip hazard shall be leveled or replaced.  And sections of sidewalks with excessive cross   slope more than a quarter inch per 12 in or  sloped away from the street shall be replaced. The city is responsible for sidewalk adjacent  to city facilities such as fire stations,   police stations, parks, and libraries. And the city is also responsible for intersections  as noted in the picture on the left um where the   property lines are extended uh to the back  of curb. Anywhere there's wheelchair ramps or   sidewalk within that area are the responsibility  of the city. And state statute requires that upon   verification of needed sidewalk repairs, property  owners will be notified and provided a minimum of   30 days for the opportunity to have those repairs  made by a licensed contractor. The city has an   annual on call contractor um to make repairs not  completed by the property owner and the intent   is to have the city contractor to complete the  repairs as soon as possible after the initial   30 days. The 2026 through 2035 adopted capital  improvement program includes $1.2 million in 2026   for the sidewalk maintenance program which with  much of the costs offset by direct payment from   or special assessment to the adjacent property  owners. Staff request authorization of the   full amount of the 2026 budget to continue the  repairs. It is recommended that the city council   approve the budget, adopt the resolution, and  authorize necessary signatures, and I'll stand for   questions. Thank you, Paul. Questions for staff.  I just want to uh ask you one question regarding   sidewalks one more time. Uh we get asked often,  whose responsibility is it, a sidewalk? Uh can   you go back to maybe the photo? Um one more right  here. Um, can you address the adjacent property   uh reference that you've been making? If it is  adjacent to a city property, parks, fire stations,   that's the city's responsibility. However, in the  previous photo, if it's in front of a homeowner's   house or in this situation, um, there is a  median behind uh, a house. Can you address   whose responsibility would be on the right hand  side? uh in typically in the front yard of the   residential n uh house or property owner that is  it the um responsibility of that property owner.   um occasionally along the arterial streets  as shown on the picture on the right.   um that is um you know to the HOA. Um if there  is sidewalk in front of the house, you know this,   you know, if there were sidewalk, this is kind  of backing houses back up to this is um web road   for example. Um then the city would bore that cost  provide their sidewalk in the front of the house.   Thank you, Paul. Council member Hoheisle. Thank  you, mayor. Uh, just one question real quick. Uh,   people who are financially strapped, do we have  any sort of funding that could help them out? Um,   ask that again. I'm sorry I missed the first  part. For people who are financially strapped,   are there any poverty level um, programs that  could help with it? Not that I'm aware of off   the top of my head. No. Okay, that might be We  have a fund. Sorry. the most unpopular program   that we run here. There is mayor and city council  uh Gary Jansen. There is a program in place. Same   with our special assessments that we especially  like used to do on dirt streets for low income.   It's it's the same program a similar program. We  provide that information. We provide a reference   and link to that. Uh it's based on income level,  but there there is a program in place at least for   application. I couldn't tell you what the numbers  are the threshold. I could get you that. Okay.   Yeah, I'd be curious. All right. Thank you, Gary.  I see no further questions for staff. We will   open it up for public comment. I see none. I'll  bring it back to the bench. I move that the city   council approve the budget, adopt the resolution,  and authorize the necessary signatures. Second.   Motion in a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call the  next item. Phase two agreement and funding for   four mile creek digtor expansion. Um, mayor  and council members Gary Jansen, public works   and utilities. Before I start this item, if you  wouldn't mind, I want to take a quick second. Uh,   I saw that Chris left and I wish he wouldn't  have. I wanted to make a quick comment. Facilities   management is a challenging deal. It's we've got  a lot of assets as you've seen. It's complex.   Chris has done a tremendous job developing  our decision support tool and really helping   us develop a path forward. Chris has moved to  a new position in public works and utility is   going to do a great job for us. But I just wanted  to publicly thank him for what he had done. He's   done a really good job with that over the years  and he's put us in a good place moving forward.   I was hoping he was still going to be here,  but thank you for letting me say that. So the   item before you is a request for approval of the  progressive design build agreement amendment. This   would be for phase two and additional funding for  the four mile creek digtor expansion project. So   to provide some background uh what you see this  kind of blue area is the s what we call the sewer   shed the basin that uh drains into our four mile  creek sewer treatment plant where that square is   near and 159th street east. The city actually  took over this facility and and the system that   feeds it from the Cedric County in 2001. Uh we  made an expansion in 2004 and last expanded the   facility in 2019 which I'll talk about in just a  moment. Uh that expansion effectively doubled the   capacity. There's a lot of growth in this area  especially up around K96 and Greenwood. All of   it that drains to this through this basin  to this facility. There's a lot happening.   There's a lot more coming. It's important that  we have the capacity in this facility to provide   uh sewer treatment and services to the area.  Uh looking to the future and some of the   things that we're doing with this project  will set us up for the next expansion. Uh   probably sometime in the next 10 to 20 years,  but it'll put us in a good place to be there.   So looking at the uh site itself, the green areas  highlight new facilities that were constructed or   expanded with the 2019 project. The orange  is the ariation basin uh basins which is the   focus of this project. This facility uh similar  to our other wastewater treatment facilities   uses a process called aerobic digestion to break  down solids in the wastewater treatment process.   Um so again with all the growth in the basin uh  with us taking on more flow to the plant we need   the ability to break down those solids. It's  it's a critical part of the treatment process.   The initial modifications this digtor expansion  along with the initial modifications completed   in 2019. Uh the byproduct of this process is  sludge. It's solids that come out of this.   uh we have to transport those to our main what  I would call our main wastewater treatment plant   two at the south end of town where we deal  with those we do land farming with those   um and and it's worked well but that's part of  the the um permit process that we have to deal   with those solids the reduction of solid storage  uh which this will help with along with the odor   control improvements we're making at B&R will  reduce the amount of odor generated during the   treatment process. So you've heard us talk a lot  about what's happening with the BNR project. Uh   one of the primary focus is odor control. We take  solids from this facility, bioolids to plant 2.   That adds to the odor control or the odor issues  down there. This project will help minimize the   solids. It's going to help us minimize the odor  issues at plant 2. Hopefully that all made sense.   The uh odor control improvements at plant 2 we've  talked about before projected to be completed in   the third quarter of 2026. We're pushing to get  this project done as soon as we can so the timing   is right so that we don't add to that issue once  BNR is done. These uh the CIP the funding in the   CIP which I'll show you in just a moment was was  uh basically a placeholder. It was estimated prior   to initiation of any of the design. Uh phase one  which was previously approved by the city council   uh completed an in-depth analysis of existing  equipment and future needs. Again, this is a   progressive design build project delivery. What  that does is allows us to have the owner as us   staff, the designer and the contractor work  together uh to save as much cost as possible,   work through a lot of options, look at the most  effective and efficient way to design and build   the project at the same time. We are shooting  for completion of construction in the first   quarter of 2027. We're going to do what we can to  expedite that hopefully so that we're closer to   the schedule for BNR. Looking at the financials,  the phase one contract with the council pre   previously approved was $345,000. The phase 2  amendment which you are considering this evening   is just under 11.7 million for a total revised  contract and guaranteed maximum price of just over   $12 million. The budget to support that uh the  existing budget is $7 million that was included   in the CIP. We need additional $5 million plus  $300,000 for staff time and cost for a total   budget of just over $12.3 million. There's several  places that the additional funding is coming from,   including the Formal Creek settlement agreement  that was approved in April of this year for $1.75   million. We also have contingency fund within  the CIP for just over $3.6 million to make up   the difference. that contingency fund is in place  um for unplanned costs associated with the overall   wastewater collection and treatment system. We've  done the same thing on the water side. We've   talked about that. It serves us well uh to be  able to supplement needed budgets for these types   of projects and it help it's all included within  the current rates. Uh, with that, staff recommends   city council approve the phase 2 amendment.  Uh, approve the revised budgets and adopt the   mending resolutions and authorize the necessary  signatures. And I'd be happy to stand for any   questions. Thank you, Gary. Questions for staff,  beginning with council member Hoheisle. Thank you,   mayor. Um, just one real quick question. The  contingency for wastewater is different than   any contingency for storm water. Correct. Correct.  Two separate funds. Okay. Just want to make sure I see no further questions for staff. We'll open  it up for public comment. I see none. I'm bringing   it back to the bench. With that, I move that  the city council approve the phase 2 amendment   in the revised. Oh, sorry. I know this is in  council member Tuttles's district. Would she   like to move this item? Sure. Thank you. Thank  you, Gary, for the presentation and thank you   for all your work on this. um really appreciate  it. I I mention all the time we're investing   almost a billion dollars worth of infrastructure  with our water and sewer treatment plants. So,   thank you so much for just continuing to be  forward thinking. And with that, I would move   that the city council approve phase two approve  the phase 2 amendment and the revised budget,   adopt the amending resolution, and authorize  the necessary signatures. Second. Motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please  call the next item. Creation of chapter   3.23 of the code of the city of Witchah  regarding lodging establishment license. Good evening, mayor, city council. This is Jan  German for the law department. I'm presenting on   behalf of the Witchah Police Department tonight.  Um, I'd like to tell you about, well, we actually   workshopped it, so this is not new for you. Uh but  today I'm here to present to you the uh ordinance   on uh lodging establishments. The background of  this is that the state of Kansas does currently   license hotels and motel. Um the city of Witchah  does not at this time. The city does receive a   number of complaints um often about uh trash  found at hotels and motel, illegal dumping,   mattresses, furniture, um things in the parking  lot, premise condition. Uh in addition, we have   uh violence, drugs, and other crimes, and we've  been contacted by community members about those   issues as well. Without licensing authority, the  city has limited ability to address the problems   at lodging establishments. Um we currently would  call the state, ask the state to come in and we   are really on their schedule and they have to  deal with the entire state. So, it takes a while   to get it addressed. The proposed ordinance uh was  presented at the September workshop and I'll tell   you that no establishments have reached out after  the workshop with any kind of feedback. Um the   proposed ordinance is similar to other regional  ordinances. Um the Kansas City area has a robust   local hotel motel licensing uh ordinance and  that served as our model in this in this case.   So, the proposal we have for you is that we  establish uh an lodging establishment license and   that we charge $200 a year for that fee. You might  remember that I shared with you at workshop that   that was kind of a median. That's similar to what  other people charged. It wasn't the highest. It's   not the lowest. Um the order is a little lower  than some because some do break their fees down   by the number of rooms, but that is difficult.  So, I just we chose a lower number so we didn't   have to deal with that issue. We would propose  that the ordinance be effective on January 1st,   2026 and that we give businesses who are already  licensed three months to get into compliance. At   the end of March, we would then start charging a  fee if they have not submitted their application.   So, all we're asking at that point is between  January and the end of March that they submit   an application and that then the ball would be  in our court. Um, the initial qualifications   are very simple. Um, you would have to have  a valid license from the state of Kansas,   which means you had an inspection. You have  to have a $1 million insurance policy. Uh,   we have to know where to find you if there's  an issue. So, your contact information,   and you have to acknowledge that you have  read the ordinance, you understand it,   and you understand you could be inspected and and  such. The application, a license will be granted   if everything is met. there's no disqualifying  factors other than if they don't meet all of   the the things I just told you about. Um, so we  really put very few disqualifying factors. You   all know that in some licenses we'll say if you  have a criminal history, you can't um have this   and we really didn't put this in here because if  someone has a criminal history from 15 years ago,   I'm not sure it's really relevant to whether they  could own a hotel or a motel or be licensed. So,   we didn't put any of that in. Um, the applications  will be accepted online. That is our goal and   they're already working on that hoping uh if this  goes through they'll be ready to move forward on   it. Um decisions will be made within 30 days of  the application. So the conditions of the license   are there will be no hourly rates uh allowed at  hotels or motel. Um there will be some standards   of cleanliness. These are really uh positive  because we don't have an ordinance in Witchah.   Some of our ordinances in Witchah do cover premise  conditions. Um but we don't have any ordinance   that that cover these issues which is you have to  have clean bedding and towels. You have to have   clean ice makers without the the gunk in them.  Uh you have to have uh no uh mattresses that   are clean free of bed bugs. Furniture has to be  clean and safe. Uh and you have to have a regular   pest control uh and a control of bed bugs as well  which as we know that's an issue. Um, so it does   add some conditions that are not currently in uh  Witchah Code and it also provides the right to   inspect if we get complaints on those issues or if  we see them uh out in the open. So in terms of the   correction of violations, if violations are found  during inspection, a notice will be issued with a   date for correction. Establishments will be given  time to correct violations with reinspections.   Just want to make it clear to this council that  the intent is not to revoke everybody's license if   they get any kind of violation. We do give people  time to uh resolve their problems. Suspensions and   revocations are really only an option in cases of  significant health or safety issues or a habitual   failure to correct a premise violation or failures  to address chronic nuisance violations. So they   will be more for chronic issues or for something  that is very dangerous. A license could be   immediately suspended if issues were found that  constitute an immediate danger to the health or   safety of a person like uh conditions of property  or significant and unique threats of danger from   criminal activity. Again, it's not a situation  where if you have a crime, one crime, that that's   somehow going to get you suspended. But if there's  a unique danger uh like a threat to the people   who live there um then the chief of police could  come in and say that they need to shut this down   if there is a specific threat to the people,  but it wouldn't be an immediate shutdown would   not be for any kind of just criminal activity.  This suspension could be specific to a section   or an area. You wouldn't necessarily have to  close down the entire facility if it's like a   health and safety violation. If there's like  if a deck I is dangerous that you would just   keep people off the second floor. That would be an  example. A suspension may be issued with five days   warning. So there's two kinds of suspensions.  One is immediate. It has to be for something   very significant. Um a suspension can be issued  with five days warning if there's a serious risk   of harm or danger. Uh but it's not significant  enough to require an immediate closure. So that's   a second level. any suspension or revocation  may be appealed and most of them will be stayed   pending the appeal. So if you give a five-day  notice suspension, then they can appeal it   and it will be stayed and they can continue their  business until the city council hears the appeal.   An immediate suspension, the kind where the chief  goes out and says or fire chief uh or MABCD, if   someone says this is so dangerous, we can't have  people here right now, that would not be stayed.   Um the appeal will be through a threeperson  panel with the city council. Um we found that   those smaller panels allow more flexibility  with your schedule and it allows us to set   really prompt hearing dates and that's why we have  been moving toward these threeperson uh panels.   The benefits as a lodging establishment license  are many. It will protect citizens by allowing   city departments to quickly respond to condition  complaints. It will protect your neighborhoods   with attention to the chronic nuisance complaints  and and the property complaints. And it's also   fair to the establishments. Their fees  are reasonable. Um they'll have notices   of violation and opportunity to correct  and there will be a robust appeal process   uh where most of the time it would be stayed  during that appeal process. So based on that,   we recommend that the city council approve the  proposed ordinance and place it on first reading,   authorize necessary signatures. I do stand open  for questions. Thank you, Jan. Mayor Mayor, if I   can just add, I do want to thank Visit Witchah for  um engaging with us and uh involving some of their   members in our re in the review of the ordinance.  Um in fact, what we brought to you in workshop   and what we're bringing tonight is reflective of  changes that were recommended by the industry. Thank you, city manager. Questions for  staff, beginning with council member Glasco.   Thank you, mayor. First off, thank you for the  presentation. I also want to thank my colleague,   uh, Councilman Hohheisle for leading  this. Originally, when he proposed this,   I don't know if I was fully bought in and  he convinced me and so I think this was   good governance and I think this is a good  proposal before us. So, thank you, Mike,   for leading that. Two quick questions. If we go  back to slide 71 and 72 or just go to 72 is fine. Thanks. Perfect. Um so regarding or maybe go one  more one more slide. Uh regarding the suspension   spec to a specific section area of the entire  building. Can we just talk about maybe last   year there was a hotel that the state closed along  West Kellogg. Will this give us a better ability   to have oversight where we're not pushing, let's  say, hundreds of people on the street if a hotel   is condemned? This allows us to go section by  section to make sure we may maybe don't inundate   the shelters or our resources in the community.  Will this be a tool that will allow us to do that   better than just having the state come in? I think  what happened with the state was a success because   unfortunately we didn't get enough notice. So,  it's going to help us with notice because we'll   control it. Um but it's a good model for how we  would like to do things which is we brought in a   lot of people to help uh the people who were  living at that hotel. So yes, it'll be good   because we'll be in control of the timetable. Um  but we will continue to be very careful with the   people who live there and the goal is never to  shut down and we need these hotels and motel.   They're needed and the goal is not to shut them  down but to make sure that they're safe. And I do   agree. I think last year it was a success seeing  how housing department, the police department,   law, everybody came together, communications,  and were able to get people housing. Um,   so I do think that was but it didn't have to be  that difficult. You're right. It it was because   the state controlled it, it we didn't have enough  control over the timing on it. Yeah. Thank you.   Um, and then quick question. This would be maybe  a question for Bob regarding licensing. It talked   about how there's an application process. I know  you and I have talked about digital license uh   licensing for um different things that we require.  Is this something that we would look at or is this   maybe not in the initial licensing uh that I'm  sorry uh mayor council member that is something   we are looking at uh specifically doing a digital  um uh registration if we get this if it's approved   tonight we're going to start work on that.  Appreciate the streamlining. Well, I think it's a   great ordinance. So, thank you for the work on it.  Thank you, Council Member Tuttle. Thank you. Thank   you, Jan, for the presentation and all your work  on this. Um, city manager stole my notes. I was   going to thank Visit Witchah and then also ensure  the community that we've had engagement with the   industry. Um, we've heard that loud and clear a  few weeks ago at a very long council meeting that   the industry likes to have their input and we need  to have their input. So, thank you for anyone who   did provide that. Then, council member GlassC went  and stole my notes because I wanted to say thank   you to council member Hisel for all your work on  this. I know this is really important to you. So,   thank you for getting us to this point. Um, I did  have just a few questions if that's okay. Jan,   um, what if somebody So, there's a $200 a year  fee, which I think is just right. You know, it's   not too much, not too little. And I was looking  through the license required in fees, and it says   that if somebody doesn't pay their, let's say, the  total in, they we don't pay our $200, we get fined   $5 a day. Is there a point where something else  happens? because I could go for a 100 days and   not pay my fee because I just don't believe in it  or I haven't and my next question is going to be I   know that there are 106 um lodging establishments  licensed by the state so I assume we have that   list and we'll send them out notification but is  that how they'll be notified so they know they   have to have a license and then what will we do  if they don't pay their license and then my third   part of that and then I'll stop talking and you  can talk how will we monitor it every because not   everybody it's not everybody January 1, it's  whenever they apply. So, I just want to make   sure we have the mechanism to keep up with the  licenses. We learned from the party bus ordinance   at entertainment transportation that we created  this ordinance and is a heck of a time getting   people to apply. They have now all applied.  Yes. On this one, the fee you're talking about,   the $5 a day is really meant for um to get people  moving on that initial application. The ones who   are currently licensed, if they failed to license,  we'll give them a $5. We don't want to keep them.   It used to be if you were convicted of something,  then you wouldn't be able to get your license. So,   now it's $5 a day. Um, it's really meant to apply  for to the initial I just want to make sure that,   you know, there's always the the bad actors, if  you will. And so, what you is somebody going to   be monitoring this list and go, "Oh, we only have  104 that have applied. We've got two." Who does   somebody call out to them? Is it that legal's  responsibility? Because we're only going to get   about $21,000 a year. So, I just I'm thinking  about like cost recovery and and I know we're   going to try and streamline the process, but still  a human has to monitor the process, right? So,   if somebody doesn't apply, does does legal call  who calls them to say you haven't applied, do the   right thing. We do have all of their emails. So,  that's the great news. And they will all get and   I would assume I haven't talked to licensing  about this. I'm sure licensing's squirming,   but we really close with licensing on this, but  probably we will send out instead of mailing,   we'll probably send out emails. Okay. And then  when we don't get responses, uh, they're going   to get visits probably by the police department  because they'll be operating without a license.   That was what I was trying to get to. And then  again, somebody within licensing will monitor it   to know that, you know, next year at March 31st,  Tuttle Inc. has Okay. I'm sure we can run a report   on that. and that's how we'll figure it out. Okay.  Thank you so much. I appreciate it. You did say   one thing that I wanted to mention because it was  kind of based on something I watched in a meeting   that mayor mentioned one time and that is why  are we doing business with people who allowing   them in my case to have licenses when they're in  a rears on everything. Um and in this ordinance   we actually said if you're in a rears on money's  owed we're not going to grant you a license. Um if   you're on a payment plan that's okay. So, so then  that triggered a question for me and if it was in   here and I missed it, I'm very sorry and I'm going  to be supportive of this. I just want to make sure   that you know we implement it well, right? And so  that it does what it's supposed to do. So what if   you know I'm in the rears or I have whatever and  I you don't relic me, then you're shut down. Okay.   Just want to make sure if you get caught operating  without a license and you'll be prosecuted. Okay.   Thank you. Thank you, Jan. I did have one question  regarding inspection. So, it is not a requirement   to get the inspection prior to getting the um  license. Can you talk about the initiation of   the inspection? Yes. Um to get a you have to  have a state of Kansas license to be a lodging   establishment and they do inspections. So, we  are going to use their inspection. We do not have   enough people to do full inspections. Um, so we're  going to that's that'll be the plan and then if   there are problems we will do our own inspections  after they're licensed. Thank you, Jan. And again,   thank you, Council Member Hohheisle. Uh, this was  something that I also initially was not in favor.   I just thought another license and another  barrier and burden on individuals. However,   I see that there is a problem um especially  with hourly u motel and I know that this   addresses that specifically. Um so again I want  to make sure that this was not a burden to the   good actors in our community and so uh city  manager did address that visit witchah and   its hotel partners the stakeholders that are  being affected have been contacted and there   were no major issues. So thank you. Thank you.  With that we will open it up for public comment. Hello everyone. My name is Christopher Swanson.  Um I live at 1200 South uh Market Street uh which   is basically uh right off uh Broadway down south.  I live in the Sosi neighborhood. Um want to thank   you all for your time and your work. I also want  to sing the praises of um council member Hohisel   as well um for putting this forward. Um, I I've  uh worked in the neighborhood for about 8 years   now. Lived there uh for about three and I love my  neighborhood. It's a quirky place. Um, but we have   a lot uh we're known for these these hourly motel  and a lot of these uh hotels and motel on South   Broadway and just living there, working there for  years, uh we've just encountered a whole host of   different issues and problems in the midst of  that. Um, I work with a group of neighbors that   we put out a neighborhood newsletter. Um, and  we try and highlight the good things in the   neighborhood because we know a lot of the news  is the bad stuff. And, uh, I love delivering   the newsletters to these these hotels and motel,  but I'm also, uh, a bit nervous sometimes when,   uh, I see some of the conditions of the rooms  and the folks, um, hanging out around there,   and I'm just nervous about what that means. And I  know, as you all have touched on, it's a complex   issue. It's not as simple as just shutting these  places down. And like for many of these folks, um,   they're very close to homelessness. Um, and this  is kind of the last step. So, I don't think that's   necessarily the answer, but I do think there is  something to holding businesses to a higher higher   standard around some of these things. Um, and uh,  yeah, and I think that's that's a good thing. I'm   in the process of starting a coffee shop that  will be on South Broadway. Um, and I'm just   trying to be a part of good businesses that are  doing doing cool stuff on South Broadway. So, um,   that's that's part of it for me as well. But, um,  I know there's some concerns around city staffing   and and the time and the money that will go into  some of the licensing and the inspections. Um,   and I understand that. I also think, um, I hope we  can look longterm and think about the impacts. I   mean, the amount of times I go down South Broadway  at night and just see ambulances and police and   all the staff that's out at um, these hotels and  motel. So, I hope that I think in the long run,   even though there's some some cost and some time  up front, I think this will hopefully save some   of our other service folks. um and folks who  are trying to address those problems down the   road. Um and I I I mean, frankly, I don't know any  neighbors that aren't a huge fan of this. Um so,   I hope you all will consider listening to the  residents um in the neighborhood as well. Um   we're excited about this. Um and I think it'll be  fun to continue to work in partnership with our   hotels and motel, hold them to to some standards  like this, and um yeah, we thank you for listening   to to our residents. And I think that's all  I have to to share for now. So, thank you,   Christopher. Council member Glascon. Christopher,  huge coffee fan. So, just quick question. Do you   have an expected opening date or I don't want to  ruin your surprise if you have an announcement.   No, I appreciate that. Yeah. No, thank you for  the shout out. Uh, yeah. Um, the hope is to open   probably around next September or so. Um, we're  in the midst of doing a lot of construction at   the corner of the Lincoln and Broadway. The  cop shop will be on the southwest corner of   Lincoln and Broadway. Um, so we're doing a lot  of construction there. Um, and hopefully that   will all be done about May and then we'll move in  and kind of get into the design phase. But yeah,   we're moving as quick as we can and um it'll be  called Sosce Coffee Company because that's the   name of the neighborhood. So, we're trying  to kind of shout that out as well. Um short   for the South Central neighborhood and uh yeah,  so yeah, thanks for that shout out. I'm excited   when it opens. Make sure to let us know. We need  coffee up here, especially late night meeting. So,   thank you. I appreciate that. Yeah. Well, love the  Southside and love my neighborhood. So, hopefully   it's a good thing. Yeah. Thank you, Christopher.  Thank you. We'll continue with public comment. Good evening, mayor, city council. My name is  Timothy McCory. I live at 102 South Broadway.   I live in the middle of this section. We have  six hotels within a mile either direction of our   house. Um, we are directly affected by these  hotels on a regular basis, including today.   uh there was a shooting across the street  with people that ran to those hotels. So,   I believe this passing this will directly affect  our neighborhood and help hold people say to a   higher standard. I think we're trying to  hold them to just a minimum standard and   and that will be helpful across the thing. And  I really appreciate the council and the mayor   working towards getting this passed so that  we can get these improvements and at least   help these people have a decent place to live  where they feel safe even if it's a hotel. So,   thank you. Thank you. We'll  continue with public comment. I see none. I see none. I'll bring it back to the  bench. Council member Johnson. Thanks, Mayor. Just   wanted to say appreciate the presentation, Jan,  and the work you're doing and also join everyone   else in thanking council member Hoisel for his  leadership and work on this. I remember when you   first brought it up and the issues that we have  been hearing about um especially on Broadway. So,   thank you for doing the necessary work to  address this and I'll be supportive. Council   member Ballard. Thank you, Mayor. I also just  wanted to thank uh Council Member Hohisel for   his leadership on this. We deal with a lot of  the similar situations on North Broadway with   hotels and motel. So, appreciate you taking the  lead on this and I will definitely be supportive.   And with that, Council Member Ho Heisel. Thank  you, Mayor. Um, and I appreciate all my friends   on the South Broadway corridor as well. Um, you  know, this doesn't just affect our neighborhood,   but our neighborhood is definitely one of the  ones that is the most affected. And again,   it's it's not to try and punish people or uh take  away anything that's holding people to a higher   standards because a lot of what happens in these  places does spill out into the neighborhood. So,   um with that, I am glad to recommend that  the city council or to move that the city   council adopt the ordinance and authorize  the necessary signatures. Second motion   and a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 70. Madame clerk,  please call the next item. Con 2025-116, conditional use to permit car wash  within 200 feet of residential zoning generally   located on the east side of North Rock Road and  within 300 feet north of East 37th Street North.   Hello. Good evening. Scott Wadel from the planning  department here to present this one. As you heard   for this case, the applicant is requesting a  conditional use in order to permit a car wash   at the site. This case is being heard tonight  because the district advisory board and the   planning commission recommendations are different  and also because protests were received within the   notification area. In terms of the subject site,  subject site is generally located to the north and   east of the intersection of 37th and Rock as you  can see here. Subject site is approximately just   a little bit over one acre in size. It consists  of one ownership parcel. It is undeveloped and   is zoned LI limited industrial. In terms of the  request, the applicant has indicated they would   like to utilize the property for a car wash.  A draft site plan was included as part of the   application materials submitted by the applicant.  It shows the access would be from the south of   the property using a shared private drive. Let  me see if I can find it here. It's uh tilted to   the side. So to the south is to the left on this  graphic. Um, so it shows that uh the access would   be from the south of the property using a shared  private drive off Rock Road. In that location,   Rock Road is a uh three-lane roadway with a  median dividing the north and south traffic. So,   it's actually just one lane headed northbound.  A site plan shows an exit from the subject site   to the north onto Thorn Drive. It also shows that  there would be two Q- lanes internal to the site.   The vacuums are shown on the east side of  the property and the wash tunnel is on the   west side of the property. So going back to  the property. So property to the north across   Thorn Drive is zoned GO general office and is  developed with a drainage pond. Property to the   east is zoned LI and currently developed  or in the process of being developed for   hotel use. Property to the south is zoned LI and  developed as a service station/convenience store.   Property to the west across North Rock Road  is zoned LC limited commercial and developed   with a commercial building. Property to the  northwest across North Rock Road is zoned SF5.   And here's the zoning and developed with single  family dwellings. As you can see in terms of   the staff report, the staff report provides  additional information on setbacks, noise,   screening and landscaping and also public  services in the area. In terms of review,   on September 25th, the planning commission  held the public hearing for this item and   recommended approval of the conditional use.  That vote was 12 to1 and that vote was per the   uh the recommendation for approval was per staff's  recommendation. One member of the public spoke at   that hearing with concerns about increases in  traffic and noise levels. On October 13th, the   district advisory board reviewed the request and  recommended denial. That vote was nine to zero.   The board cited golden factors 2, three, five,  and eight as reasons for denial. Specifically,   the board had the following concerns. The proposed  access to the site causing traffic concerns. They   were concerned about the narrowness and number of  lanes on Rock Road and the impacts that the queue   of traffic might have. The second reason was  that the increased traffic and noise creating   a hardship for nearby residential properties. And  then third, they also mentioned that the general   opposition the community exhibited at the DAB  meeting. And speaking of that, at the DAB meeting,   14 members of the public spoke in opposition to  the request, citing concerns about traffic, noise,   trash, and the safety of pedestrians in the area.  So, in terms of protest, 52 protest petitions   were received against this conditional use. One of  the properties was within the protest calculation   area, and I'll show you that just a moment.  So uh here on this graphic the purple is the   notification area which is larger than the actual  protest area. The protest area is the green ring.   So you can see that one of the properties uh was  in the protest calculation area and that equaled   4% of the protest area. So it did not exceed this  state threshold of 20%. And so because of that   and the MAPC's recommendation for approval uh an  approval of the zone of the conditional use can be   done with four votes, four out of seven. So the  recommended action again coming to you from the   MAPC is to approve the conditional use, adopt  the findings of the MAPC, authorize necessary   signatures, and instruct the clerk to publish a  resolution after approval. Again, requires just   four out of seven votes. Alternatives include  the following. You can override the planning   commission, adopt alternative findings, and deny  the request to conditional use. That would require   five of seven votes. You can return the case to  the MAPC for additional consideration. That would   require just a simple majority. A note about  process. City council policies at the public   hearing for planning agenda items occurs at the  planning commission meeting. According to the   policy, the city council does not receive public  comments on zoning items. So with that, I'll take   you through some of the graphics and images.  So again, here's the site outlined in that blue   green color. Here's the zoning map showing what  was described earlier. Here's the map from the   comprehensive plan showing the areas recommended  for both residential and employment mix. Here's   the site plan for the proposed car wash. Again, uh  tilted to the side. North is to the right. Here's   the protest notification map. Again, 4%. Here's a  another uh map showing the protest that we've seen   from further out than the notification area. Here  are photos of the site and the surrounding area. And with that, I'll stand for any questions. Thank  you, Scott. Questions for staff. I have a couple.   Um, I wanted to know, has the applicant actually  reached out to the concerned neighbors? I am not   aware of any communications between them. wanted  to know um can you address some of I know that the   DAB had certain concerns um that you have already  noted during the public speaker portions of that   uh meeting. Can you address some of the major ones  of the DAB meeting? Um sorry about that. I was not   present there uh for that. But in ter in terms of  addressing do you mean to recount what uh their   concerns were and what they stated? Um, well,  here's one. Uh, I'm just going to look through   the notes real quick. Uh, dangers to pedestrians  in the area. Um, another one is traffic on Rock   Road and how it's stop and go already and then  adding the, uh, car wash will cause it to be even   worse. Um, another one is noise uh from the car  wash. Uh, traffic again. Um, a water dripping uh,   and freezing on the roadways potentially creating  a traffic hazard is another one. Uh it seems like   traffic is one that appears quite a bit as we go  through the list. And can you address is there   another similar business nearby? Uh well in terms  of automobile oriented uh there is the convenience   store that's immediately to the south. Uh the  I I would say a difference there would be that   37th Street has more lanes, appears to be about  a four or five lane as opposed to Rock Road,   which in this location again is uh down to three  lanes and two in some areas. And it am I correctly   thinking that there's also already a car wash on  the south west corner of 37th and Rocky? Yeah,   it appears that that uh is true. If you look  at the aerial, I think you can see it. It's   the second property from the on the southwest  corner of the intersection, second to the west. Thank you, Scott. Vice Mayor John Stunn. Thank  you, Mayor. Scott, I've noticed that on Rock   Road from day one going through Willowbend,  the storm sewers are out about a lane. Um,   I don't know if you've ever noticed that  or not, but they're out. It almost looks   like they meant to increase Rock Road to four  lanes at some point in time by putting those   sewers out. Interesting. Uh I personally have not  observed that uh recently, but um to my knowledge,   I'm not aware of anything in the CIP in terms of  improvements to Rock Road at that location. Okay.   I just found it odd when they built it, they put  those those storm sewers so far out. So, okay.   That's interesting. I see no further questions  for staff. This does not get public comment   and this resides in council member Tuttles's  district. Thank you. I appreciate that. Um,   thank you to Scott and to JR in the metropolitan  area planning department. I appreciate your time   and answering all of my questions. Also, thank  you to the legal department for navigating through   all of um my questions and concerns. I do want  to state that I have had exparte communication   with the community members. Um I've tried to keep  count and I think I stopped at 204 emails. Some   of them were in my spam email box that I had to  go and find. Um I've also received multiple phone   calls. I've received multiple texts and I've been  stopped in the grocery store and restaurants. So,   lots of public engagement for me on this one.  I also have had exparte communication with the   applicant's agent. I have not spoken directly  with the applicant. I did also want to make a   note to thank to all the residents for being so  respectful. We had a packed house at our district   advisory board and then all of the emails that  we have received and all of the residents have   been very kind and and I really do appreciate  that. That means a lot. Um, so with that and   the overwhelming amount of um, concern that  the residents have and and Scott mentioned it,   but I'm going to state it again for the record.  Um, the following findings for my motion will   be based on the proposed use combined with  the surrounding two and three lane roadways   will have significant traffic concerns. also  increased traffic and noise. But then also at   the district advisory board, light pollution was  also mentioned several times because this will   be in people's kind of backyards would create  a hardship for nearby residents. And then there   has been significant community out uh feedback  opposing this application. So with that, I'm   going to move that the city of Witchah override  the Metropolitan Area Planning Commission and   deny the requested conditional use as recommended  by the district advisory board. Second motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call the  next item. PUD 2025-16 zone change requests in   the city from limited industrial district to  planned unit development to create the Proctor   family indoor athletic facility generally located  on the north side of East 28th Street North and   within one block west of North Greenwich Road  at 110 East 28th Street North. Hello Scott   Wadel again. So for this one, uh the applicant  sub has withdrawn their application that was   submitted to the planning department on  November 4th. So with that information,   I recommend that you uh receive and file this  information or simply move on to the next item. We'll receive and file and move on to the next  item. Madame Clerk, do we need a vote on that?   Really, we take we need to take no action. I  mean, we don't even need to receive and file.   I think we can just move on to the next item. No  action taken on that item. Madame clerk, can you   please call the next item? PUD 2025-17 zone change  request in the city from B multifamily residential   district and general commercial district to plan  unit development to create the 944 Southa planned   unit development number 149 generally located  one block south correction one block east of   South Broadway Avenue and three blocks south  of East Kellogg Avenue at 944 Southa. Hello   Scott Wadel again from the planning department.  So, as you heard, the applicant is requesting to   reszone the subject site shown here in this aqua  green color from B multif family and GC general   commercial to PUB plan unit development which is  custom zoning. This item is being heard because   the district advisory board and the planning  commission's recommendations are different. And   a note on this one is that the district advisory  board had a tied vote and did not pass a motion   for this item. And I've got more detail about  that I'll I'll talk about in just a moment.   In addition, protests have been received within  the notification area. So, for those two reasons,   this is being heard. In terms of corrections, I've  got a couple of notes that I wanted to make. Um,   so the staff report was revised earlier this week.  The revisions were to update the map on the first   page to indicate the house at the northwest  corner of the intersection of Emporian Gilbert   is not included in the zone change request. uh  we had actually received a number of different   legal descriptions from the applicant and so  in the process of compiling the report that   accidentally got missed. Second one was that uh  we updated the uh required votes for the various   actions and I want to highlight that six votes are  required in order to approve any zone change and   that five are required in order to override the  MAPC and I'll talk about those in just a moment   as well. In terms of the requests, the applicant  has indicated that they are requesting this zone   change primarily for two reasons. The first  is in order to bring the non-conforming church   building into compliance with the unified  zoning code by creating custom zoning site   development requirements. The second is in order  to permit additional zoning flexibility for future   development on the property to the east. In terms  of the property, the site is generally located   to the south and east of the intersection, well  actually I would say to the north and east of the   intersection of Topeka and Gilbert. It is made up  of multiple ownership parcels. It's approximately   1.18 acres in size. It is developed with a church,  a parking lot, and a playground space. The church   building is listed on the national and state  registers of historic places. In terms of context,   properties to the north are zone B, multifamily,  and developed with single family dwellings.   Properties to the west across South Topeka Avenue  are zone B and developed with single family   dwellings in a duplex. Property to the south  across East Gilbert is zone B and developed with   a multif family dwelling. Property to the south  of the southwest corner of this pro uh subject   site is zone GC and developed with a multi-tenant  commercial building. Property to the southeast of   parcel 2 is zone GC and developed with a single  family dwelling. Property to the east across South   Emporia Avenue are zone GC and B and developed  with single family dwellings. So, as you can see,   there's a variety and a mix of pretty intensive  zoning districts in the area, but the majority   of the properties are zoned with single family  dwellings. In terms of the staff report, staff   report provides additional information about the  proposed use of shipping containers for housing   at the site, applicant modifications to the  initial zone change request through the process,   landscaping, and screening. In terms of review,  on August 28th, the planning commission held   the public hearing for this item and ultimately  deferred the case to their September 25th meeting.   The purpose of the deferral was in order to  allow time for the applicant to address concerns   that nearby properties expressed regarding the  appearance of portable storage containers being   used as residential dwellings. Five members of  the public spoke at the August 28th meeting with   concerns again about having storage containers  as dwelling units. parking on the nearby streets   and also questions about the completeness  of the application. On September 25th, the   planning commission considered the item again and  recommended approval of the request per the staff   recommendation but with an additional condition  of approval and that vote was 1201. So there's one   abstension. The planning commission added in their  recommendation that the storage containers shall   be required to use shiplap sighting on either  wood or composite as illustrated by the exhibit   submitted by the applicant. And you will see  those as part of the attachments with the staff   report. Two members of the public spoke against  the request with similar concerns again of having   storage containers as dwellings and not enough  parking for tenants on the site. On October 1st,   the district advisory board reviewed the case  and did not approve a motion to recommend denial   of the application. The vote was a tie vote.  It was five to five and no substitute motion   was taken up. Two members of the public spoke at  that meeting regarding the application. One was   against the request, citing concerns of crime, the  design of the storage containers, and additional   parking on nearby streets. One was in favor  of the request, citing that having the vacant   buildings being occupied and in use was a greater  positive than having them empty. On October 13th,   the Witchaw Historic Preservation Board heard  the case. The recommendation of the Historic   Preservation Board was to approve the request 3 to  one with one abstension and in that deliberation,   the board limited the review to the existing  church property. In terms of protest, 20 protest   petitions were received against the application  with 13 in the properties within the calculation   area. The protest petitions equal 34% of the  total protest area. Since this exceeds the state   threshold of 20%, the any approval of his own  change will require six of seven votes. In terms   of council action, it is recommended that the  city council adopt the findings of the planning   commission. Approve the planning commission  recommended PUD. Place the ordinance on the first   reading. Authorize the necessary signatures and  instruct the city clerk to publish the ordinance   after approval on the second reading. Alternatives  include the following. You can override the MAPC,   adopt alternative findings, and deny the PUD.  That would require five of seven votes. You can   override the MAPC, adopt alternative findings, and  approve the PUD with modified PUD text. That would   require six of seven votes. Or as always, you can  return the case to the planning commission for   additional consideration, which would require a  simple majority of four or seven votes. And again,   just a note about the process of the city  council policy as the public hearing for   planning items occurs at the planning commission  and the city council does not typically receive   public comments on zoning items. So with that,  I'll take you through some of the graphics and   images. So of course, here's the outline  of the site which was described earlier.   Here is the zoning map and the crosshatch is to  indicate that the church is listed as a historic   building. Here's the map from the comprehensive  plan showing new residential as recommended in   the area. Here's a site plan that was submitted  by the applicant as part of their application.   It shows the storage containers somewhat in the  lower right hand corner of this graphic. Here's   the protest map that was submitted. I also do want  to add that as part of the revisions, we included   an update to the map which shows a protest that  was previously not included. It's in blue and it's   uh just south of Gilbert and along Broadway.  It's the second parcel down from Gilbert. But   uh the total protest within the protest  area is just over 34%. Here are images that   were submitted by the applicant. Uh these were  distributed at the planning commission meeting,   the second meeting that they held. again the  layout uh of the structures that was submitted.   One item of discussion that's come up at the  planning commission meeting and other meetings   as I understand it is whether or not there  would be uh plumbing in the facilities. And   I do want to point out that this graphic shows  that there are bathrooms, restrooms located in   the shipping containers. So uh just different  images that were submitted as part of this. There's quite a few, so I'm going to flip through  them. Uh here are photos of the site. So this is   the existing church uh boarded up. Some of the  windows my understanding is have been broken out. Uh this is looking from the parking lot which  is located on the east towards the building on   the west. The church uh building is to the left  and then there's an educational wing that was   added onto it further to the north which is  the brick portion that you see with windows.   looking to the north at some of the  houses. And this is the one that's   up against the parking lot across the  street uh to the east and to the south. And with that, I'll stand for any questions.  Thank you, Scott. We'll begin with Council   Member Tuttle. Thank you. Um I'm going to hold my  questions and see how the discussion goes, but I   did want to state for the record that I have had  exparte communication with the applicant. Thank   you. Council member Glascott. Thank you, Scott.  Just one quick question, and I think you mentioned   it toward one of the end of the slides. Each  of these units will have a bathroom, plumbing,   kitchen. I will say that the graphic that was  submitted by the applicant shows that it will   have a restroom in it. Is there a requirement  that could be added that a restroom has to be   present or that um facilities have to be present  in each individual unit? it there could be you   certainly could have that as a condition of the  PUB. Yes, sir. Thank you. Council member Hohisel,   I'll let Council Member Ballard. I I did just want  to reply real quick to Council Member Glass Cocka   and talking with MABCD in order to have occupancy.  They would have to have both bathrooms and   kitchens in there. Council member Ballard, I just  wanted to We all know what a fun topic parking is.   Is parking going to be an issue? I mean, are  there enough parking spots for units? That has   been a subject of debate and discussion through  the process of this P this PUD in the review.   Um the applicant has indicated that uh the parking  spaces it would be a minimum of 36 parking spaces   required in the language that is being recommended  to you by the MAPC and that is the same as what   the applicant requested um so if you talk to the  applicant they say that that's enough they've   indicated uh that's the situation because of the  population that will be living here that some   of them can't afford cars some of them uh will  have to just have transportation by other means.   But if you talk to the residents in the area,  at least the ones that have some of the the   ones that have participated in the process to  date, you'll see that parking is a reoccurring   theme in terms of concerns. There are concerns  about how much parking will be used in the area.   Um they've expressed that uh on street  parking uh can be a challenge to find   at times and so they're concerned about uh  just additional cars taking up additional   parking c making it more difficult to  find the existing parking resources open vice mayor Johnston. Thank you mayor.  Um, Scott, if it's a two-story container,   does it have to have be sprinkled or not? I  am going to defer to our friends at MABCD and   fire for uh information on that. I'm afraid I  just don't know the answer on that one. Okay. Mayor, council members, good evening. Chris Labor,  MABCD. So, um, as we've seen these to this point,   they would be duplexes. So, as such, if they meet  those criteria, they would not require sprinklers.   If they do something to go beyond that, uh, we  do have uh, provisions in our local code that   allows three and fourplexes uh, to meet separation  criteria and avoid sprinklers uh, if they're built   as a town home or to a town home type standard,  which I don't think these could be. Uh so bottom   line they would have several options to avoid  sprinklers. Okay. Thank you. And is the applicant   here? Is it time for questions for him or not?  Can't talk. Okay. Thank you. I'll I'll wait then.   Council member Hohisel. Thank you, Mayor. Um from  my discussion with MABC, the stacking um of one   unit on top of the other, and I believe you were  in that meeting in Troy as well. That's what MABCD   indicated is a stacking of the units would require  a sprinkler system. Uh, council member Tuttle was   there as well. I have had exparte communication  with the um the applicant as well. So, just to   make sure I put that out there. Yeah, thank you  council member. That is correct. The stacking in   that method would trigger that requirement. I was  incorrect. Council member Tuttle. Thank you. Um,   I want to be careful because this is zoning,  right? And the the job of us right now is to   determine is this the appropriate use of the land.  But I think the intention from what I've heard and   council member Hisel, we had a very robust meeting  to discuss this is that it would be for housing   for for um kids who are exiting from foster care.  And so if the PUB is set so that it's that and   then it's determined that this doesn't qualify  for the housing vouchers like we talked about,   it could put the applicant in in a bind. So  Council Member Holisel, do you do you remember   this conversation that we had and do you have any  additional thoughts or concerns at this point or   I and I know our job is just to determine if it's  the appropriate use of the land. I don't want to,   you know, get too far ahead, but I also just  want to make sure that, you know, we're we're   setting this project up for for success. I I  haven't heard back from housing at this time. I have a couple questions. Can you go back to  the rendering of the modular home? Certainly. That works. Thank you. Um first and foremost  I also have had exparte communication with the   applicant. Uh can you share since the applicant  cannot speak um during this portion? Is that   correct? Mayor Jennifer law the under city policy  city council policy number nine the applicant can   speak if count called upon by council to clarify  items. Perfect. then I will ask questions and I   think that vice mayor Johnston had questions too.  I would like the applicant to come forward as I   have several questions regarding this project.  The first one is in regards to the usage of   this property. I know that we're only going to  talk about the land itself. However, uh this is   part of a bigger project regarding youth exiting  foster care. Can you share what this project is?   um specifically that right now there's a large  contingent of youth that are aging out that   are immediately unhoused approximately 30ish% in  Witchd Doll. Um this presents an opportunity will   go directly to this. Um it it aligns with the FYI  voucher. It does have to meet the same criteria as   section 8. So like it's got plumbing, it's got all  of the standard things that you would require for   the um I think section 8 standards for a residence  and and it I don't know how much detail I can give   like a lot like it's just again this is to address  a specific group of individuals. Can you one more   time I guess just share. So these are individual  units for youth aging out of foster care. Is that   correct? Yes, ma'am. There will be approximately  55 units in total. Um, of those 45 units will be   for youth that are aging out. 10 are for what's  called intentional neighbors. Um, people that   have committed to living um for subsidized rent  in these communities just to be stewards of the   the actual um youth that have aged out. Um the  anticipation is that they will be using their FYI   vouchers here. And this is a community. The church  will not be residential. The church is going to be   a site where we aggregate local resources. There's  52 organizations that are partnered with us as   part of the resources that will now be aggregated  and available for uh youth that have aged out of   foster care. Right now, there's not a single place  in uh proper Witchaw and we are partnered with I I   don't want to throw names out there, but everybody  else in in foster care. So we just want to be that   site where um everybody comes together and they  the the kids as they transition out of foster   care are immediately um here safe secure and as  they establish themselves then they transition to   other places. It's not probably they won't stay  there for five or 100 years but it is a place   that will remain as this for as long as we can  possibly be. One of the concerns was regarding   parking. Um can you address parking with this  group of individuals and the usage of transit?   Yeah, two things on that. The minimum was 36.  Um, we submitted updated planning documentation.   There is a 1:1 ratio for every unit. There  will be a parking space. Um, additionally   um to mitigate some of the concerns, we've got  four organizations specifically for transportation   that supplement that resource for um people that  are either in foster care or have transitioned out   of foster care. It'll be immediately available  to us. We do uh promote the utilization of both   bikes but and I don't know if I can call out  specific organizations but yeah we we provide   Ubers we provide there will be a bus stop here um  I mean we'll everything that we generally do at   one of our educational sites we'll also do here.  My last question is actually the question I asked   from a previous zoning case and that is have you  reached out to the concerned neighbors? Yes. Um,   I want to say we've got a list of maybe 72  individuals that live within, let's say,   a 15 block radius. Um, we've met with families.  We've met with every single that organization   that I'm aware of in the community.  And without throwing names out there,   like I don't know anybody that right now is not  on board. Um, other than some neighbors that   right now are a little bit confused and we're  very concerned about the parking. And again, we   had that re-planned and zoned and submitted and I  haven't been able to share that with anybody. So,   I believe that'll alleviate the only concern  that I've heard. Maybe that's a question for   Scott then. Um, are these plans regarding  the parking being considered? I I am aware   that those were developed, but I'm not aware that  we've received those in the planning department. Vice Mayor Johnston. Okay. Thank you, Mayor  Freddy. I've also had a conversation with   you so I appreciate that. Um, so if if we look at  one of these units that is total of four shipping   containers. Yes. Okay. These are the ones that  are on the railroad cars, the long ones that   are there. Um, this graphic was created with AI  or what was it created with? Architect AI from   the architectural engineer. I I don't know who  generated the graphics. They also did the inside   of the school. I don't know. Okay. I had someone  else show me these two on a different project and   they were created by AI. So, um, has any of  these been built around the country as seen? Similar design? Yes, I can tell you that I've  saw similar. I don't know about this exact   design. I don't want to say anything. There's  some in California, but they're a little a lot   different than this. It was the one I'm thinking  of was used for the a similar purpose and I think   it was Arizona and I think there was another one  in New Mexico. I can I can get new renderings and   provide those. It doesn't look like there's  a front door on these. Is it sliding door?   There is a sliding door. Sliding door is the  front door. Yeah. With the with the digital   keypad for security. Okay. Do you have any cost  estimates of what that four unit would cost?   I believe the per unit cost  was approximately $62,000. Okay. We we evaluated about 111 different what we  call tiny home or or small home or modular home   options and this was the one that was determined  to be the best for our project. Okay. So you the   rents in those would be uh we meet the it and I  hate using the term section 8 not to diminish it   but that rate whatever the standard housing rate  is is exactly what we charge because we take their   vouchers and unfortunately the biggest thing about  those vouchers you have 6 months when you age out   to apply they last for up to 5 years unfortunately  we've got you know hundreds of people that have   missed that opportunity because they didn't have  stability when they transitioned out of foster   care. me being a foster kid, I'm like, if you  have a safe place for them to land and you can   help them uh I guess navigate what it takes to get  the voucher, then again, who takes the vouchers?   There's, you know, this is the place. So, it it  Sorry. So, are you plus or minus $800 a month?   Yeah. Yeah. For a single bedroom, I think our  city rates like 850ish. 850. Okay. Okay. Thank   you. I'll have some comments at the end. This  questions maybe for city manager. I know that one   of the questions was regarding housing and the FYI  vouchers. Um, can that be addressed? Do we have? So, our housing community service director  is not here right now, but under the housing   choice voucher program, every unit would have to  be inspected and comply with HUD code standards   as part of uh anybody who's holding a a housing  choice voucher, whatever that's worth. Thank you.   Again, um, as I mentioned earlier, I think it's  important to know what the use of this is for,   and thank you for allowing the applicant to speak.  Um, I know that unfortunately public comment is   not available for zoning cases. Um, but I do  want to ask, um, maybe this is a Troy question. I feel like I've seen um a couple of container  uh homes. Um I believe it was in district one in   council member Johnson's district just north  of Kellogg. How does that differ from this?   So there's um I'll try to talk at a really high  level how a structure is built whether it's   built out of containers or whether it's built  out of more traditional methods. Uh generally   speaking you have two code series. You have  the international residential code and you   have the international building code. under the  international residential code uh for example um   you have uh what they call one family, two family  and town houses. So if a structure if an occupancy   and a construction type meets the definition  of a one family, two family or townhouse,   it can fall under the international residential  code. As we were talking a little while ago, under   those definitions, the one family, two family, and  townhouse, you can't stack units. The minute you   stack units, one unit on top of another unit, it  no longer meets the definition of a one family,   two family, or townhouse. So now immediately  you fall under the international building code.   Under the international building code now you  start talking about things like fire rated   construction fire separation between units fire  suppression systems i.e fire sprinkler system   so on and so forth. Right? So that's kind of the  juxtaposition until a a a set of building plans   are submitted uh for review by the building  department. Again, without getting into the   complexities around how there there's an occupancy  class, a construction type, and those are usually   what defines what the code requirements are. Um  containers can be used as a construction method,   right? It doesn't have to be constructed with  traditional whether that be uh wood frame   construction or metal frame construction. That's  how they define all the construction types under   the international building code. So you can  use containers. Uh the minute you start using   containers, then you start involving engineers  and engineers uh having to sign and seal plans.   Um because the minute you start cutting into  containers and modifying containers, you start   to compromise kind of the structural integrity of  containers. So a lot of these structures have to   be signed and sealed by an engineer. Again, you  can do it, but depending on the occupancy class   and the construction type, that's what leads  into all of the code requirements, particularly   under the building code. I don't know if that  answers your question or not, but thank you,   Council Member Johnson. Thanks, Mayor. Just to  add to that, these have a much more consistent   design than the ones in the Hyatt neighborhood,  which are basic containers that came they are the   color that they were when they were received. This  has nice siding and windows and all of that. So,   these have a better aesthetic than the ones in  district 1. Thank you. I will now thank you very   much to the applicant and thank you to staff. Um,  I know that this is a topic that is near and dear   to many of our hearts because it's housing and  it's housing uh individuals that are in transition   um and vulnerable. So, it's a very sensitive  topic. Um, but I know that right now we're only   talking about the land use of this specific piece  of property. Um, so this does reside in council   member Hohheisel's district and he is the one  that speaks on the behalf of that district. So   I know that Vice Mayor Johnson wants to speak. Do  you want Mayor Johnston? I just want to say I I I   very much support the housing initiative with the  church, what Freddy's trying to do. Um, I have I   told him I have deep concerns about these. Uh,  I've been working on housing here for the last   eight months and I've got another gentleman that  brought me very similar designs but single story   and the cost was a lot more than $62,000 for  just a single story. Um, also at the clinic,   the clinic is just a block away from this. We  were looking at a shipping container, a half a   shipping container for a dental office, and it was  very, very expensive. And we went out and toured.   They're made in Belair, Kansas, and they're  shipped all over the world. And we toured their   site, and he showed us how they were how they were  building them and and what they needed to do. And   to Troy's point, uh, you have to do a lot to meet  code on those things. Uh so you have to put a lot   of electricity in the walls, plumbing in the walls  in a floor. I mean it's very very uh complicated   and it's very very costly. Um just to put a little  window in cost a lot. These big windows I imagine   would cost a whole lot. So I really have serious  concerns about these units. Um I don't think you   can do them for $62,000 a piece. I just really  don't. Um, we're working on some manufactured   housing and warehouses and stuff and, you know,  that's a lot simpler than this and doesn't look as   nice as this. Um, and we're looking at 80 $90,000  for a similar type structure. So, I just don't   think this is possible. I knew the other gentleman  I talked to generated it by AI and I'm trying   to get some cost on it now by talking to uh the  people up in Bair and and to Lang Group uh looking   at it since they do a lot of container work. So  I just have my serious doubts about this. I like   the program for the for the u foster kids aging  out of foster care and the church. I have serious   concerns about this if it's viable. Council member  Ho Heisel. Thank you, Mayor. I appreciate it. Um,   yeah, the meeting with MABC earlier this week,  uh, it was very informative. Um, lots of things   I didn't know. Um, it also stimulated a few more  questions as well. So, I want to make sure that   we give the applicant a chance to uh explore this  with MABCD, meet with us, answer any questions,   get a solid plan together, and see see what the  thoughts are after that. So, um I'm going to move   to defer this item to the December 2nd, 2025  council meeting. Uh during the defer referral   period, I would encourage the applicant to meet  with MABCD to discuss the unique code requirements   related to the proposed use of shipping containers  for residential use and also meet with council   members uh to discuss any of the concerns that  they have for this project. I'll second that   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please  call the next item. PUD 2025-9, the zone   change request in the city from manufactured  housing district to planned unit development   to create the Park Village PUD number 150 for RV  campground and manufactured home uses generally   located on the northeast corner of South  Greenwich Road and East Waterman Street. Hello, Scott Wadel again from the planning  department. So for this one, the applicant,   as you heard, is requesting to reszone the  subject site from manufactured housing district   to plan unit development. So another custom  zoning district. Uh this item is being heard   today because the district advisory board and  the planning commission's recommendations are   different. In terms of the request, the applicant  has indicated they are requesting the zone change   in order to allow portions of the subject site to  be used for RV camping. In terms of the property,   it's located at the souththeast corner of  Douglas and Green Witch. It's made up of   one ownership parcel, which is approximately  almost 74 acres in size, and as you can see,   developed with a mobile home park. Properties  to the north are generally zoned SF5 single   family and developed with single family homes.  Properties to the south are zoned LC limited   commercial SF5 and MH manufactured housing. The  LC properties are developed with a restaurant and   uh shopping center. The SF5 properties are  developed with single family homes and the   MH property is developed with a manufactured home  park. Property to the east is zoned SF20 and is in   unincorporated Cedric County. Property to the west  is zoned LI limited industrial district and in   unincorporated Cedric County and developed with an  airplane manufacturing facility. In terms of the   staff report provides additional information about  site development standards, screening, lighting,   parking, signage setbacks, and density.  In terms of review, on September 25th,   the planning commission held the public hearing  for this item and recommended approval of the   requested zone change subject to conditions. They  also added and that those conditions were per the   staff recommendation. But in addition, the MAPC  added a clarification on screening provisions and   that vote was 7 to five. The MAPC uh recommended  conditions are described in the staff report.   Five members of the public spoke at that public  hearing in opposition to the requested zone   change with concerns regarding an increase in  traffic, current and future safety in the area,   and a current lack of site upkeep. On October  13th, the district advisory board heard this item   and recommended denial of the zone change request,  and that vote was unanimous. It was 9 to zero.   In support and prior to the motion, board members  expressed concerns that the reasonzoning would   detrimentally affect the stability of nearby  properties and the mobile home residents on   the subject site. Uh their concerns were  the transient nature of the RV stays,   the lack of a defined area where the RVs would  be located, and in addition, the board members   specifically identified golden factors three,  five, six, and eight as a basis for denial.   Three members of the public spoke in opposition  to the zone change request at that meeting with   concerns about crime vacancy vacancy and adding RV  vehicles to the nature and the transient nature.   No protest petitions were received against this  application. Therefore, the zone change request   can be approved with a simple majority of four  of seven votes. In terms of council action,   the recommendation to you is that the city council  adopt the findings of the planning commission.   Approve the planning commission recommended  PUD, place the ordinance on the first reading,   authorize the necessary signatures, and instruct  the city clerk to publish the ordinance after   approval on the second reading. And that again  would require just a simple majority for seven   votes. Alternatives include the following.  You can override the planning commission,   adopt alternative findings, and deny the PUD  request. That would require five of seven votes   because it's an override. or as always you can  return this case to the planning commission for   additional consideration which requires just  a simple majority or four of seven votes. So   and again the quick note about the process of the  public hearing is at the planning commission and   the council does not typically receive public  comments on zoning items. So with that I'll   take you through some of the graphics. So here's  the aerial showing the site. Here's the zoning   map which we went over just momentarily. Here's  the map from the comprehensive plan. It shows a   combination of residential, new residential  and employment recommended in the area. Here   is the PUD graphic that was submitted as part  of the application. It shows simply the site   identified as the PUD and the text with the  conditions which is included in the staff   report. Here's the notification and the protest  area. It's a different kind of shape than you   normally see because there's unincorporated county  on both the east and the west. So, it extends   1,000 feet into the unincorporated county. Here  are photos of the site and the surrounding area. The site was developed prior to current  standards for screening and landscaping. So,   you'll notice that the fence um is different  than what you would see developed today. And with that, I'll stand for any questions.  Thanks, Scott. Questions for staff?   I see none. This resides in Council Member  Tuttles's district. Thank you. Thank you,   Scott. Thank you for meeting with me and again  answering all my questions. I really appreciate   it. I wanted to state for the record that I've  had no exparte communication with the applicant,   the agent, or any of the residents. We had a very  robust discussion at the district advisory board   meeting. Some of the major concerns is that the  ma this proposed zoning would have significant   potential um to be detrimental impacts of the  surrounding neighborhoods including increasing   transient uses and instability and h housing  tenure by the area residents and then also an   increased demand for public services especially  emergency services. This is a manufactured home   neighborhood and we would be putting RVs  in it for people to live in. So I think it   would significantly change the character of the  neighborhood as did the district advisory board.   So with that I would move that the Witchah City  Council deny the zoning change request. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call  the next item. PUD 2025-21 amendment to PUD55   to modify building capacity, building coverage  area, and max gross floor area ratio on parcel   1. Generally located on the southeast of East  Douglas Avenue within 100 ft southeast of South   Hillside Avenue at 3207 East Douglas Avenue. Scott  Wadel again from the planning department. So, uh,   this is a case that you've seen before. Uh it's  the crown uptown and uh as you heard the applicant   is requesting to amend the existing custom  zoning PUD at the site plan unit development   uh regarding the theater in the address 3207 East  Douglas. The item is being heard tonight because   the district advisory board and the planning  commission's recommendations are different. And   a note on this one similar to a case from earlier  tonight, the DAB had a tied vote and did not pass   a motion for this item. In addition, protests  have been received within the notification area. A   couple of notes on corrections and clarifications.  Uh first is that the required amount of votes to   approve any zone change for this case is six out  of seven and that is because of the protest. Uh   the staff report correctly identifies this number  except in one location where incorrectly stated   four vote. So I just want to clarify it's six  out of seven. And also second that the DAB   and MAPC recommendations are different because  the DAB did not approve a recommendation. The   report provides details about this but there is  a sentence suggested that the MAPC recommendation   was the same as the DAB and that is incorrect. In  terms of the request, the applicant is requesting   to modify the plan unit development in order to  allow for increased occupancy of the theater from   the current 850 persons to which it's currently  limited due to the zoning. And uh in order to do   this, they are recommending they are applying for  uh removing that constraint out of the zoning so   that it would be instead set by the codes, the  building code and the international fire code.   Uh the second thing is that they are requesting to  allow the building coverage area to be allowed uh   similar to what is allowed in the central business  district zoning. Uh similar fashion they want to   allow for the maximum gross floor area to be what  is allowed in central business district zoning   and also to allow for the maximum gross floor area  ratio to be the same as central business district.   Uh the applicant has indicated they're requesting  this resoning in order to allow for a more viable   business at the property and to allow for more  options if the site is to be re redeveloped in   the future. In terms of the property itself,  the site is generally located, as you know, to   the south and east of the intersection of Hillside  and Douglas. It's made up of two ownership parcels   total. In total, they're approximately a little  over a half an acre in size. the currently zoned   plan unit development and developed with a theater  and a parking lot with 17 parking spaces. The   Crown Uptown Theater is not listed on a historic  register. It is listed in the Witchdaw Historic   Preservation Plan appendices an inventory of  Witchdaw's undesated historic resources. In   terms of context, properties to the north are Joan  GC, general commercial, and are developed with   commercial businesses. Properties to the south are  zoned LC and B multifamily and are developed with   multif family dwellings and a duplex. Property  to the east is zoned GC and developed with an   art gallery. Property to the west is zone GC and  developed with a commercial store. In terms of the   staff report, staff report provides additional  information about the building itself, parking,   the existing plan unit development, zoning,  and the case history. In terms of review,   on October 9th, the planning commission  held the public hearing for this item and   recommended approval. That vote was 9 to5. The  planning commission recommendation included PUD   text with additional requirements that would one  limit how much of the site and what portions of   the site could be utilized for parking if it was  to be redeveloped for that purpose and two would   prohibit commercial parking area as a use as a  permits use on the site. So it would prohibit the   owner from demolishing the building and using  the entire site for commercial parking area.   Five members of the public spoke at the planning  commission public hearing opposing the request   with concerns about traffic, lack of sufficient  parking spaces, public safety, and impacts to   adjoining properties. On October 6th, the district  advisory board considered the application. A DAB   member made a motion to recommend approval per  the staff recommendation. The motion failed five   to five. No other motion was made resulting in  no recommendation from DAB 1. The DAB discussion   included questions about what would be allowed  per the requested resoning if the site was   redeveloped. What amount of occupants would be  allowed by the building and fire codes, if and   when would a fire suppression sprinkler system be  required, how much parking would be required, what   alternative transportation modes are available,  what would the impacts of additional demand on   parking be for the neighborhood? And what does  the College Hill neighborhood plan recommend?   Four members of the public spoke at that public  meeting with three members against the request   citing concerns about traffic, lack of parking,  and public safety. One member spoke in favor   of the request. In terms of protests, 34 protest  petitions were received against the application.   19 of those protests were within the calculation  area and ex it added up to 71% of the total   protest area which exceeded the 20% threshold  set by the state. So therefore any approval of a   zone change would require six of seven votes. For  council action, it is recommended that you adopt   the findings of the planning commission, approve  the planning commission recommended amendment   to the PUD text, place the ordinance on first  reading, authorize the necessary signatures, and   instruct the city clerk to publish the ordinance  after approval on the second reading. That would   require again six of seven votes. Alternatives  include the following. You can override the   planning commission, adopt alternative findings,  and deny the PUD request. That would require   five of seven votes. You can also override the  planning commission, adopt alternative findings,   and approve different amendments to the PUD. That  would require six of seven votes. Or as always,   you can return the case to the planning  commission for additional consideration. Again,   would require four of seven votes. So again, just  a quick note about the process and that the public   hearing occurs at the planning commission and that  the city council typically does not receive public   comment on zoning items. With that, I'll take you  through some of the graphics and maps. Here's the   map showing the site. Here's the zoning which  was discussed earlier. Here's the map from the   comprehensive plan showing recommended for new  residential. Here is the graphic from the PUD   that was submitted. Here's the protest map again  showing over 71%. Here's a further zoom out of   the protests that were received. Uh some of them  are quite small so we just circled them in red   so you could see where they were located. Here  are photos of the site and the surrounding area. And with that, I'll stand for any questions. Thank  you, Scott. Questions for staff, beginning with   council member Glasco. Thank you, Mayor Scott.  Quick question regarding the recommended actions.   I think what you said was different than our  green sheet. And so I just wanted to verify that.   Said the recommended action on our green sheet is  four to seven votes, but you said that would take   because of the petition six to seven votes. Is  that correct? Yes, sir. And that is a correction   that we uh and an error that we made on the green  sheet. My apologies. Uh because of the protest   because the protest is over the 20% threshold, it  requires six out of seven. So to prove MAPC is six   of seven. And then under the alternates override  MAPC is five of seven. That's correct. Okay. And   then return the case to MAPC is four of seven.  Correct. Yes, sir. I just want to make sure I had   that right on my sheet. Yes, absolutely. Uh I did  have a couple questions. So the current capacity   of this building is 850. Is that correct? Uh yes.  I I do want to disclose um there's additional   information in terms of the 850 is established  by what the zoning would allow. So the PUB limits   it to 850 and talking with staff from fire  and MABCD. Uh the their two codes limit it   to 860 and that was uh granted through a variance  process that was gone through by a previous owner. 860. Correct. There's a 10 person difference. Obviously, this has come to  the council multiple times. Um,   I will ask the question yet again that I asked  earlier this um evening. Has the applicant   reached out to the concerned neighbors?  And if so, what has that looked like?   I'm not aware of any meetings outside of the  discussion at the DAB meeting and at the MAPC. Council member Glascott. Thank you, mayor.  Follow up to the mayor's question. So, item   3A says the use of the event center and scratched  out shall be limited basically to be allowed by   code. That's fire code. So even if we passed this  today, they would still have to meet fire code to   increase capacity beyond the 850. That's a  separate conversation at the fire marshall,   fire department. That's not something that is  in this recommended action. Correct. In essence,   that is correct. Uh the one technicality is that  they would be allowed 860. 860. So 10% difference.   But if they wanted to increase capacity,  that's with fire code and the fire department,   not us now. Yes, sir. Okay. Any further  questions for staff? I guess follow up to   that. Just a quick followup. What happens if  they just choose to increase capacity? Could   the fire marshall shut down the venue if they  let's say they just increase it to,200? Yes.   I'll defer to them for enforcement  actions, but it would be up to them. Hello. Um, Chris Dugan, fire marshall. As  Scott said, right now the variance committee   issued a cap of 860 persons. So regardless  of what goes down this evening with the peed,   860 is the cap. Anything beyond 860, we would  have to readress the fire code and he would   have to bring it up to code requirement.  Okay, great. Thank you. Anything further,   Council Member Tuttle, I have a question.  I'm sorry. Now I'm getting myself a little   confused. So I'm just going to ask a question,  a clarifying question just to make sure I   understand. Okay. And it it's for you or Scott.  So right now the capacity is 860. Is that correct?   The PUD is 850. 850. Yes. And if we if this  passes, then it's 860. Correct. Okay. So,   we're if this passes tonight, it's 10  more people and that's it. Correct. If I could, I'll try and add a little bit more  definition and color to that. Please do. Um, so,   uh, in essence, I would think about there are  two two levels that are established here. One   is zoning and then the other one is fire code  and building code. Right now, zoning is set at   850. that's specifically called out in the PUD.  Uh the fire code and the building code set it at   860 and that was done through a variance process  which I just I highlight that because it means   it's unique. Uh so uh 850 zoning 860 fire code.  If the zoning goes away, if there's no longer a   cap that's established through the zoning on the  property, then they would still be at the 860.   But uh there are things that they can do to meet  fire code and building code that would allow them   to increase the occupancy. But those the I I'll  let fire marshall elaborate on that, but you know,   fire suppression systems, what you know, there are  physical things that they can do to the building   in order to increase that capacity per the fire  code. I'm sorry to be redundant. I'm going to   ask this again just to make sure I understand  and and if I'm wrong, tell me. Okay. Tonight,   if this passes, then the capacity goes from 850  to 860 at this point in time without any further   changes to address the fire code and building  code. That is correct. If it doesn't pass,   then it stays at 850. Correct. Okay. So, woven  into it, do we have the authority to change   fire code this evening and say it's 860? What if  they want to have a,000 people, right? or 1,500   people because I think the the intention of the  applicant I don't know and I have had exparte with   communication with the applicant I'll state that  for the record but they want to have increased   capacity they want to have more people there um I  I will state that safety is my number one concern   so how do they get more capacity then yes sir  and if I'm asking dumb questions I'm sorry I   just want to make sure I understand because all  of this to get 10 more people doesn't seem assume   like like the end goal from what I understand,  but I may be misinterpreting it. As far as the   fire uh protection portion, the applicant would  have to work with both the fire department and   the building code official to make sure any  increased occupancy would meet both the fire   code and the building code. Um, additionally, I  know there's parking concerns and other concerns   that are not really in my wheelhouse. Sure. Um,  but but to extend beyond 860, he would have to   again get with Mr. labor and myself and make sure  that everything um was kosher with the building   codes and whatever fire suppression system was  indicated would be applied. I I don't want to   annoy my com my colleagues, but I'm going to  ask a follow-up question if that's okay. So,   tonight we wouldn't have the authority to say  it has to be um I don't know this or you have   to have that. We tonight are just deciding if the  capacity can go from 850 to 860. And then we put   our trust in you fire and MABC to make sure that  anything that any action that's taken further to   increase capacity has the necessary safeguards.  Yes, ma'am. We don't do that tonight. I'm not   going to speak for you or for council. Yeah. I'm  sorry that wasn't very fair. I would tie I would   tie any increase to capacity um and put that back  in our court to make sure that the the correct   code requirements are applied and enforced per  the fire code and the building code. Okay. So,   tonight we're just talking about 10 bodies. It  seems that seems so. Yeah. Thank you. And thank   you to my colleagues for letting me. It's so  many questions. Thank you for those clarifiers.   And again one more time current capacity is 850  and if this passes as is it would increase by 10   additional individuals that for capacity and this  does reside in council member Johnson's district   so we will defer to him. Thank you mayor. Um  district advisory board did not help me with   this one but um lively conversation. this issue  has come before us. Um before uh I believe the   neighborhood has made their intention known. 70%  protest. My concerns uh remain the same the same   as the neighborhood when it comes to the safety  of those in attendance as well as the parking. Um   but at the district advisory board, I really began  to think about as I usually do, what is a form of   compromise and see what we can do to help out and  work together. The neighborhood's main concern uh   outside of those who know that the building had  some safety issues without a fire suppression   system was the impact of vehicles uh on the  neighborhood. Those are my concerns as well. Um   looking at that uh we worked with I worked with  our team to come up with something that maybe   could address all of that in lie of denying this  application or at least me moving to deny it. Um,   with that we'll be looking at safety, fire  safety, as well as what parking would look like   in the neighborhood. So, it's a little wordy, but  looking at um in this motion, making sure people   are safe and then making sure we address some of  the issues of parking in the neighborhood. So,   my motion this evening would be to uh adopt the  findings of the MAPC, approve the PUD amendment as   recommended by the MAPC with modified conditions,  place the ordinance on first reading, authorize   the necessary signatures, and instruct the city  clerk to publish the ordinance after approval   on second reading. My motion would include  the following modifications, though. a fire   suppression system approved by the fire department  in MABCD that must be installed prior to building   occupancy increasing above 860 persons for  parking. Occupancy of 850 persons shall require   a minimum of the 17 parking spaces they have now.  Occupancy above 850 persons shall be permitted   provided that the off- streetet parking shall be  provided at a ratio of one parking spurs per four   occupants and shall meet the following conditions.  Parking spaces, including on and off street,   can count toward a maximum of 25% of this off-  streetet requirement, provided that the PUD number   55 parcel one property owner submits a survey  detailing the quantity, location, and applicable   parking restrictions and the survey is approved  by the planning department. None of these parking   spaces can be more than 0.25 miles away from PUD  number 55, parcel 1. Private property spaces can   be counted toward this off- streetet parking  requirement so long as they are within half a   mile of PUD number 55 parcel one and the property  owner submits the following written documentation   from the owner of the participating private  parking private parking providing the parking   and the information is approved by the planning  department. Examples of acceptable written   documentation includes parking and/or lease  agreements or a survey detailing the quantity,   location, and any applicable parking restrictions  for publicly available private parking spaces and   the survey is approved by the planning department.  Examples of these types of spaces include spaces   where individuals can pay for parking on an hourly  or daily basis. Planning Department approval or   denial of the parking information and surveys  can be appealed to the board of zoning appeals   by either PUD number 55, parcel one owner, or  the property owner within 200 ft of PUD number   55. The property owner would be responsible for  notifying the planning department in writing of   any additions or reductions in parking related to  satisfying the PUD number 55 parcel one off-street   parking requirements and enforcement of the  off- streetet parking requirements would be   on a complaint basis. In support of this motion,  I offer the following findings. The additional   requirements will help to reduce the potential  for detrimental effects to nearby properties. The   additional requirements will also help to address  some of the public input received in opposition   to the zoning change. The requirement for the  fire suppression system will help to protect   the public safety and welfare and is related  to the allowance for increased capacity. Second motion and a second. There's discussion.  Council member Glascott, Councilman Johnson,   I appreciate the ability to compromise, but I  think that's a very burdensome motion for an   applicant if you're how to manage that. Um, I one  of my questions would be maybe you can maybe you   can answer this. How would So, if the requirements  are supposed to be 0.25 away from the venue,   how does the applicant mandate that to patrons?  How do we establish that those are the locations   available for patrons? I know they can provide  a map, I guess, on their website saying, "Hey,   these are where we have parking agreements that  doesn't prohibit or stop anybody from parking   outside of those requirements." Um, or like  I'm just confused at how this could actually   be implemented in real time. I appreciate the  ability to compromise and normally I support   more compromising, but convince me on it. I'm  not convinced just based on emotion. It's a lot   of words, but basically much like with WSU,  you get directed to a certain place to park.   The big the key in this is the applicant has  always said that he has agreements and he's shown   some agreements to the community where he went  out. So, it's not really a huge burden on him to   go do the same thing that he says he's been doing  and he I think he does have one that is valid,   one or two that is valid. So, he would just  be responsible for getting some additional   agreements. It also allows some on street parking.  So, neighborhood doesn't want all of that. So,   this would allow some parking on street as well  as require some private spaces as well. When you   look at the occupancy piece, the uh applicant at  the district advisory board said that he would   uh respect what the professionals say and the fire  marshall has indicated we need a fire suppression   system. This isn't a burden on the applicant  because he said he would do what the professionals   say and the professionals say they need fire  suppression. If he wants to go above the 860,   um that's something that he'd be doing. One  of the concerns of the public though was not   knowing what that number was. If you go above  that and you follow fire and building codes,   you're somewhere around occupancy of about 1500,  a little north of 1500. In order to get there,   he'd have to go do the work to show he  has the parking that he said he has. Um,   so that means he'd be talking to his neighbors  as well as putting in a fire suppression system   to keep people safe. Okay. I two quick questions  as a followup to that. Um, one would be for fire   marshall regarding Councilman Johnson's motion had  fire suppression required. When you spoke earlier,   it was anything over 860 if they wanted to have  something that may be a contributing factor to   increase capacity. Correct. Is it a recommendation  of the fire department now that fire suppression   is needed at the space under the current capacity?  That's what Councilman Johnson's motion would do   because increased capacity beyond that would be  your determination of fire suppression. Is it the   recommendation of the fire department now that  fire suppression is currently needed? So right   now the 860 was an agreement. Um the owner at  the time added double the number of fire exits   that were needed and also a voice anunciated alarm  panel. So the fire marshall at the time felt that   was a safe measure and met the intent of the code  and allowed the occupant to increase occupancy to   860. Like I said that was in 2018. Going forward  I would be more comfortable if we went back to the   letter of the code more or less. Um work with the  occupant, work with MABC and anything that extends   beyond 860 I would refer back to the fire code  and and enforce the code itself. Anything that   extends beyond that, but that currently is not a  requirement based on deviation. Currently based   on the fire code over 300 over 300 is based on the  fire code. So there were some variance itself is   what allowed him to get up to 860. Okay. And then  question for legal. Sorry your motion was a lot.   So I had a lot of questions. Question for legal.  Councilman's Johnson's motion took basically the   recommended action but adapted it. So really,  it's probably an alternate finding of overriding   MAPC. Yes. So this would require instead of six to  seven, five to seven votes to pass. That's what we   think. Okay. You think you think it's six? Okay.  I'm sorry. I'm being corrected by playing. It is   not an If I could um my understanding is that  because it would be approval of zone change an   amendment to the PUD uh because the protests over  the 20% it still requires the six still requires   six to pass this. It is not an overwrite actually.  It is an adoption. So, thank you. Okay. Thank you, Council Member Title. Thank you. Um, Fire  Marshall, I'm going to ask you to join us again.   I'm sorry you're going to get your steps in today.  Okay. I'm sorry. I just want I'm not an expert,   right? So, I just want to make sure I understand.  So with council member Johnson's motion,   he is saying that if this passes with 860 and the  applicant asks to put even one more human in the   building, it has to have fire suppression.  Correct. Correct. Is that normal? I don't   remember us from the bench deciding what fire  code should be because I just worry a little.   I safety is the biggest concern for me. I'm much  more concerned about the fire safety than the   parking. The parking I think can be figured out.  But a better way to put it maybe this. Anything   over what is allowed by the variance committee's  approved letter will require us to revisit the   fire code and enforce the fire code accordingly.  But the variance committee could say the applicant   wants to I'm just making this up as I'm going.  Right. The v the variance committee could say the   applicant now wants to have a thousand people. We  don't think that warrants a a a sprinkler system.   Fire code says says it does. The fire code says  it does. And the fire code now repeat again what   is the threshold for water suppression? 300. 300.  Yes. Okay. So adding in to have fire suppression   if it goes anything above 860 is our norm. Yes.  I can't say norm because the norm is not to have   a variance letter for a specific occupancy.  Would not be uncommon. Would not be uncommon.   It wouldn't be uncommon to have to have a fire  suppression system. No, it would not be uncommon   because normally it's 300. Yes, ma'am. Okay. I'm  just trying to make sure we don't create something   where we have slippery slopes where there's fire  code being enforced and sometimes we're infusing   into it. The fire code's been established by  the content experts. So, okay. Thank you for   entertaining all my questions. You're really kind.  Council member, I'm back again. Sorry. Just one   last clarifying question for you. Does the motion  from Councilman Johnson require if this were to   pass in any capacity tonight and maybe you don't  know this question, maybe this were a question for   you that they establish fire suppression even if  they didn't increase capacity that they would have   to implement it now or is this if they increase  past one person? This is if they increase above   860. Okay. And right now they offer variance that  would be traditional in any other space that we   have that 860 number. No, 860 is unique to this.  Correct. Yeah, that's Sorry, I may have asked that   backwards, but correct. Okay, according to the  code, its occupancy and class is an A2. Anything   that is an A2 that serves alcohol that is above  300 occupants would require a fire suppression   system. Okay? because they have this variance  letter, okay, that was issued by the variance   committee in 2018. They were allowed to increase  their exits, um the size of their exits, the voice   annunciated alarm panel, and the committee at that  time felt comfortable with that and moved them   all the way up to 860, but that's just for this  one occupancy. Okay. And this is a speculative   question. I just want to know what the financial  burden fire suppression system. This is very   speculative. Are we talking tens of thousands,  hundreds of thousands? I would say hundreds.   Okay. Thank you. Yep. Council member Hoheisle.  Thank you, Mayor. Uh, I had 9:30 on the estimate   of when this was going to end. So, would Council  Member Johnson care to read that motion again? I'll read it word for word, really  slow. So, we have a motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,  please call the next item. Approval to exceed the gifts limit established  by the ethics ordinance for Mayor Woo to accept   travel and expenses to attend the Rodell  Fellowship Seminar in Amelia Island,   Florida, November 20th through 23rd, 2025.  The fellowship is hosted by the nonprofit,   the Rodell Institute for the purpose of  education, collaboration, and professional   development. The estimated gift amount for  travel, hotel, meals, and material is $3,500. There is one addition to that statement  and there is no taxpayer dollars being   spent on this travel. Any further uh I move  to approve my travel. I'll second it. Motion   and a second. Any further discussion? I see  none. Madame clerk, please open the role. Madame clerk, please call the next item.  Approve for Mayor Woo to attend the KU Dole   Institute of Politics High Stakes Leadership in  Lawrence, Kansas on Wednesday, November 12th,   2025. A city vehicle will be utilized. All other  costs will be paid by the mayor. I move to approve   my travel. Second. Motion and a second. Any  further discussion? I see none. Madame clerk,   please open the role. Motion passes 70. I  see no further agenda items. I just want to   um use a point of privilege to again recognize uh  that a student was here in our audience this this   evening and unfortunately she had to go uh home  to do homework. Uh but the mayor's youth council   youth mayor Elizabeth Timsaw was here this  evening and wanted to share a few remarks but   um it ran too long so she had to go home. But I  just wanted to say thank you to our youth who are   wanting to lead in our community and appreciate  that she attended this council meeting. We will   now move to council member comments. Are there any  comments from council members? I see none. I will   go ahead and move to adjourn this meeting. Second.  Oh, wait. Sorry. Council member Hohheisle wants to   speak. No, no, no, no. It's an appointment, not  a comment. Actual business. Okay. Council member   Hohheisle has an appointment. I'd like to appoint  uh Vanessa Kristofferson to the ethics board. Second. Motion in a second. Any  further discussion? I see none.   Madame clerk, please open the roll. Motion passes 70. I move to adjourn this  meeting. Second. Motion and a second.   Any further discussion? I see none.  Madame clerk, please open the role. Motion passes 61. We are now adjourned  at 9:08 p.m. Thank you all very much.