>> All right. Good morning and welcome, everyone. It is not a one. We're going to call this meeting to order on Tuesday, November. 21st. spoke to with us. If you're both willing and able to stand invocation, followed by the Pledge of Allegiance, invocation will be delivered by pastor more of it in Belo Ship Ministries. Pastor, Welcome. >> Good Morning. I want to Mayor Brandon Whipple and city Council for this opportunity. Good morning to you. All. Let us pause for a moment. Centering ourselves in the spirit of togetherness and reverence as we convene here today. For this city council meeting. Heavenly father, we come before you and Thanksgiving for the chance to unite as a community. We pray for understanding respect and open hearts during our time together acknowledging the variety of ideas and viewpoints represented in this assembly. Here in communal area. We look for direction and motivation. May we have wise and compassionate conversations that strive to improve our communities and the greater good. Give us the bravery to listen intently to communicate politely and clearly and work together in a cooperative spirit as we cooperate to tackle the opportunities and difficulties that lie ahead of us made this gathering. Be care, characterized by honesty equity. Justice Act, quality and welfare of everyone we serve serve as the foundation of our decisions. We extend our appreciation to everyone who has given up their time and energy to and able our meeting. Blast aiming, give them the 42. None tenacity required to carry out their responsibilities with the effectiveness. Finally. As we move that keeping my that we are all connected that what we do here has the power to positively affect the lives of others. May we never forget this duty and work to leave a lasting legacy of peace, development and harmony. We pray these things in your most precious and holy name, a man. Which stands. Thank you, Pastor. Madam Clerk. >> Approve the minutes of the regular meeting of September. 7th 2023. >> As every chance to review the minutes and if so, is there any discussion? If there is no discussion that I make a motion to accept the minutes as presented, is there a second second motion's was seconded by vice mayor members cast a vote. Every 78 votes that motion does pass. Madam Clerk. >> Proclamations, small business Saturday. Alright, councilmember without we join Please. >> If received the proclamation for small please make to the Whereas the government which Wichita, Kansas celebrates are local small business and the contributions they make for local economy, community and or as according to United States, Small Business Administration. There are 33.2 million small businesses and United States with 53,562 of these being in Wichita, Kansas, representing 98.3% of businesses employing 132,830 of our citizens over the past. 25 years, small businesses generated nearly 13 million net new jobs while employing 46.4% of all U.S. employees and whereas in 2023, 7.2% of business owners for veterans. And 43.3% were women just over 82% of consumers say they would spend more money to support local business after the pandemic. While 57% of Americans say their main reason for shopping small is to keep money local and 38% say they want to support the community and their local creators. This this year, small business need needs our support more than ever as they navigate recover from the effects of COVID-19 pandemic. And we're a small businesses are essential which economy and fostering growth benefits for neighborhoods and residents are city is where businesses and families come together, grow, thrive and put down roots now, therefore, be it resolved. Mayor Brandon Whipple, mayor of the city of Wichita, all of which City Council do per plane this Saturday after Thanksgiving, November 25th as small business Saturday. And urge all residents of our community to celebrate and support small business and all they do for our community. >> I'm Stacey or Latin from hopping, know, brewing and I'm excited to be here with some other local business cows. And I think, you know, we all know it's been a hard year for everyone and small businesses are no exception. while we have this great community that really get on local, I think we just need to really remember and get out of our routine. Easy you know, I need to try this new play. So I really want to want to get out there. But, you know, plan ahead, get the business. Small businesses in the community don't have a lot of marketing dollars. So a lot of it is social media. Follow your favorite businesses this Saturday. There's going to a ton of stuff going on. But it's not just Saturday. It's all season all year long. And it's just really important to share more than ever that are our dollars stay in our community. So we just encourage you to shop small as much as possible. An. Have a wonderful holiday season. Thank you. >> Hold it here. Thank you. think. Madam Clerk. >> The Salvation Army's red kettle be on Christmas campaign. >> All right there. He hasn't asked for this. If you're someone who stands, if you're on a city council, when you're someone who stands for hours in front a supermarket to raise money for this great cause. And I think you should be the one percent in presentation. Are this proclamation if you're here for the Salvation Army or on behalf of the Salvation Army, please make your way towards the front. Thanks joining now. Thank you. Mayor just said I didn't wear one of my suits today. >> Or bring a bell. thank for approximation by the city. Wichita, Kansas, founded in 18, 70, whereas the Salvation Army is the single largest provider, social services of its kind in the United States arriving in to feed the hungry, clothe the poor and bring hope to the dispirited. And whereas the which John South Central Area Command and it's Area Corps Community Center's as part of the Kansas and Western Missouri division provide millions of meals, thousands of nights of shelter and a wide range of other critical services for the less fortunate each year for our neighbors who have nowhere else to turn for help. And whereas the seasons change, so does the Salvation Army efforts to provide families and educators, school supplies distributing coats and winter wear to keep citizens safe from the elements to supporting first responders and community midst disaster, tornadoes or fire at a moment's notice. And whereas community businesses and organizations allow the Salvation Army to use their sights this time of year with red kettles to collect money for the less fortunate in our community. They're now therefore be it resolved that Mayor Brandon Whipple along with the Wichita City Council, do hereby proclaim the month of November and December 2023. as the Salvation Army's red Kettle Love Beyond Christmas campaign in the city of Wichita and encourage all citizens to acknowledge the importance of the work of the Salvation Army to do the most good every day of the year. Mister Mayor Councilman, thank you for this opportunity this morning. >> We're tremendously blessed by the support of the city of Wichita every year. The city steps up and then supports se in a way that we just can't even imagine. And over the course of 6 weeks, we need to raise about a million dollars to be able to support this idea of love beyond Christmas. Last year we had 55,000 individuals come to our 3 facilities seeking assistance for food for rent assistance for clothing, coats, whatever that may be and these funds support, maybe even like basketball on a Sunday afternoon at our West tortured core our family nights at our court Wednesday evening. And so that that the need is great and the need is increasing. We're seeing more more families coming on. Low incomes that are struggling to get through on a daily basis 45 families came to one of our facilities seeking groceries last week on one single day that we're open. And so the need is great. The need is continuing. And we thank you for the support that you provide us is the city of Wichita and for making this all possible. >> I have to promote the fact that I will be at Dylan's 21st inmates from one to 03:00PM. So ringing the bell. Alright Madam Clerk. >> National Injury Prevention Day. >> Almost got through I haven't read any of these, Nat if you're here to see the proclamation for Nach National Injury Prevention Day, please make your way towards the front. All right. Doctor May shed City Wichita, Kansas, found in 18, 70, whereas injuries are the leading cause of death and disability to Kansas children, ages one to 19 and whereas the state of Kansas is committed to creating a safe contributing to the safety and well-being of our children. And whereas hospitals, state agencies and community organizations are committed to their critical role in reducing injuries and death by promoting safe practices. And whereas Ascension via Christi Safe Kids, Wichita area in our community partners across the state of Kansas, commend our heroes and health care and all involved and their endeavor to protect children from injury. And now they're for beer is all that. I Brandon Whipple, mayor of the city of Wichita, Kansas, along with the Wichita City Council, do hereby proclaim the month of November 19, 2023 as National Injury Prevention Day and the city of Wichita and encourage all citizens to raise awareness and promote efforts to reduce injuries among children. >> Good morning. Thank you, Mister Mayor and thank you City Council for having us here today. Ascension via Christi Saint Kitts, which has been around the community for over 30 years. And we remain to be committed to serve our community, keep our children safe and continue the education in order to educate our kids every day we have over 20 deaths for in preventable injuries. And one death is just way too many. So I thank you all for proclamation and we will continue to serve the community. ♪ ♪ Madam Clerk. >> Vera Lynn Rogers, business closures and propose street changes. All right. We're rolling into our public which means that if you're maker is the front we neighbors call, please be mindful of the clock get 5 full minutes. If you go over give you one of these, it just means complete. Your thought >> and of respectable. If you can. >> Mister Rogers, you here. For Ms Rogers Rogers here. All right. We're going to pass over Rogers go to the next 01:00AM. at a park. >> Jason Edwards, violence in public schools. Jason, here. Excellent. Thank you for being here. >> Thank you having me here. For the record, my name is Jason Light but also to for legal government status. My name is Jason. come to you initially to talk about the violence and public schools and regards to an S event to wear our daughter. May have been potentially assaulted on the playground by few girls and they were doing the thing. That's not the issue. Kids are going to be kids. I believe even the mayor had even said before when he went to a political debate and article here with any will some of us sometimes you just going look to you just got to get back up. If it was that was the case. And if that was the situation that easy, I probably wouldn't be here today. However, it that it may even be a little bit deeper, however, right now, situation has been turned over to local law enforcement and is currently being seen by district judge. So I would not touch on that. However, I do want to say thank you. Thank you. Thank you personally to our new police Chief Joe Sullivan. If it wasn't for Joe Sullivan. I tell you right now. It is a good possibility that daughter may not be alive to >> So he stood up and did the right thing. Stood up to business ways of doing business around here in Wichita. It stood up and do the right thing. I don't know who chose and I don't know where he's at, but wherever he is. God bless you. And if you ever need any by to vote for your character, I stand for you right here to tell you right now we have a police chief is going to stand up and do the right thing. Now. Want to bore you with speech or once again. My name is Jason Light bearing the name might bear actually comes from a nickname that I inherited from my grandfather. My grandfather. Went to become one of the first black man to go beyond being the 33rd degree freemason. He began to open up large is all around the country. Different black lodges and helping other black get involved and freemasonry. My grandmother was ESA star and I have numerous and numerous of other relatives who sit our regional boards. And however, that works with their He gave me the nickname like Didn't know what all that Stuck with it. Other translations people give me jokes about it. But it wasn't until. The scripture. And a point in my life, 2 are really adopted. On a faith point. And that was in Matthew 5.14, when Christ called to be the light of the world. He said that there were certain people that stick out. Standout get target. And I believe that over the course of time, I may have been one of Let me give you some facts. We have a religious organization and first and foremost, let me state that I am the pastor leader. And a spokesperson of a group of us who are known simply the light barriers. We have a religious organization that is nearly 3,000 followers on Facebook. But most of us don't prefer social media. And more Dade and licensed by the Universal Life Church as of November, 20th 2014, I graduated from an accredited Bible Institute in Charlotte, North Carolina. May 2018 after studying for for years on April. 25th, praise God. I was approved by the Kansas Department of Corrections under Sam Brownback has a KD OC Mentor. currently serve as a state mandate. Reporter mental health first aider approved by Comcare Cedric County and the Missouri Department of Health. So the worst I've received have been the Wichita public schools. Good Apple Ford at April 6th. 2020. And also for student Affairs Department. What I want to talk about was How most people see abuse asked the state definition. Just physical, not but they don't look at the mental and emotional. Some people asked by medical. Immunization vaccines right now some people are to, though some people because they are covered under state law that gives exemptions. However, we do have schools and we have people who I-2 and wheel. And they do not comply, they could become punished. Sometimes religious denominations may not apply to what the schools may demand and the state of Kansas still cover them. >> And religious exemptions. Abuse is abuse. And I think for far too long we have allowed adult abuse to continue as long as we have also allow child abuse to continue. >> I asked the city to look at all things. Everyone has the same idea. Religion has the answer. There no one did nomination. That is the one show nomination. >> Jason, you have exceeded your 5 minutes commute for you please. You get stuck your thought. I just want to let you the times up. So just I thought. Thank you, mayor. Of course. I the council to just be aware. That rest of that is going on in a Wichita public schools. >> And it's not just physical. And it's not just a We have administrator teachers, summer stressed. And not all of my bed. But today I just wanted to everyone aware that everyone under Kansas law should be respected regardless if they have medical exemptions, all religious exemptions regardless, if we like it off, we don't like it. And to that, I you know, the microphone to Michael helps. >> Councilmember Johnson, thanks, Mayor Mister Library. Appreciate you being here. speaking to that. I'm not sure if you are where, but I do want to share with you what you talked about is governor of the Board of Education. Their next meeting is Monday, December 11th at 06:00PM over at North High. If you want to share that message to the school board as well December 11th December, 11th Monday, 06:00PM. Over North High. Thank you, Your Appreciate you being Thank you, sir. Madam Clerk. >> Consent agenda items. 1, 3, 39. >> As every chance to review the consent agenda and if so, is there a discussion? If there's no discussion that now make a motion to accept the consent agenda, it recommendations for each item. As presented is their second second motion's been seconded by vice mayor clerk open road members cast their vote. Ever received 78 votes. That motion does pass. Madam Clerk. >> For bids on contracts in which airport a 3rd authority board of bids and contracts dated November. 20th 2023. >> Good morning and welcome morning. Mayor City Council Josh Law for Department Finance the border bids for November 2020. 23 convened in the following recommendations. For engineering. We have the storm water system. 7.93 replacement, West Branch, Gypsum Creek at Redbud Trail for Viewpoint Properties, LLC in the amount of $19,152. We have West Street, Cary Street to Pawnee Avenue for Wildcat. Construction company incorporated and the amount of 19 million, $293,808.60. This is pending, Kate out approval and ward on the 11 28 subject to your approval of a new engineers estimate and budget authorization. the sanitary sewer. I-135 interceptor relocation, Blake, to industrial for Sj Lewis Construction incorporated in the amount of 32 million, 400,000. We have the 2023 arterial sidewalk and we're wheelchair ramp program face too, for Roston, Construction, LLC and the amount of $182,792. And the water main 100 67th Street West with sanitary sewer extension at Cypress, Glen Edition and Pike 3rd edition for Apex Excavating LLC in the amount of 340, our $347,030. We have the renovation and addition of West Link Library for Key Construction incorporated and the amount of 4 million, 993,257 dollars. We have the polymer for use in wastewater Salas de watering facility defer to December 4th. We have the digital drainage inventory collection defer to December 4th. We have the transportation of bio solids for a Plus Logistics LLC and the amount of $292,500. And for airport, we have the passenger boarding bridge, preventive maintenance and technology support services. 4 M R C, Aviation LLC. And the amount of $44,479.98. This is how to become a vendor with the city of Wichita, Kansas. These are of requests from polls out on the street today. And I'm happy to try to answer questions and recommend your approval. So questions for staff. >> Seeing none from the public and item. Seeing none discussion back to the bench for the discussion. If there's no further discussion make the motion accept staff's recommended action, Jersey file the report approved the contract as necessary signatures. Is there a second second motion's been seconded by vice mayor clerk open road cast a vote. >> Ever see a 70 votes that motion does pass. Madam Clerk. >> Petitions for public improvements. >> Good morning. Welcome. Good morning. City Council members, Paul guns public works and utilities for the record morning, I have some revised petitions for your consideration. signatures on the petitions represent 100% of the improvement districts and the petitions are valid. Per Kansas Statute. Sandridge 4th Edition. Look at District 5. On October. 18th 2022, the City Council approved water storms are. Storm water, sewer improvements, sanitary improvements and paving improvements required for new residential development. The developer has submitted revised petitions and a revised budgets to reflect current market conditions. It is recommended that city council approved a revised petitions and budget adopted amending resolutions and authorizing necessary signatures. And I will stand for questions. The questions for staff and item. >> Seeing none. Is there input from the public on this item seeing none. We'll bring question back to the bench for the discussion is item. If there's no further discussion that I make a motion to accept staff's recommended action to the revised petitions. A budget is adopted and amending resolutions and as necessary signatures. Is there a second second motion's been seconded by clicker open members cast a vote. Have received 7 neighborhoods the past Madam Clerk. >> Ordinance relating to after-hours establishment license. >> Good morning and welcome. >> Good Morning. Mayor Council Jan German for the law department. to talk to you about an after-hours establishment license which already exists in the city of Wichita. 2018. We brought before you an issue we had some unlicensed clubs are operating at the time. We asked counsel pass an ordinance that required a license for those clubs. So in 2018 city Council enacted a new license for businesses that operated between the hours of midnight and 06:00AM the license was required of any type of building where parties were hosted on a regular basis and bled over into some residences. So if somebody was having for pay a party at a residence on a regular basis, they would have to have. And after license that was We prosecuted here in the city of Wichita. It was appealed to the district court from the district court was appealed to the Court of Appeals where we were successful in defending the law. It was further appealed to the Kansas Supreme Court and they struck down the law in part really because of the overlap where we have taken into the private homes, felt it was a 4th Amendment to to limit the activity that was happening in a private home. the cans the police department is not enforce ordinance really since the Kansas Court of Appeals case happened, we put a hold on it all the way through litigation through the Kansas Supreme Court. And really it wasn't on the front burner until just recently when we've had more an uptick in activity again at these unlicensed clubs. We had a recent shooting and the problems. Usually it's a problem that's unique to the summertime, but it has expanded and it's continuing into the fall. So we're seeing problems and we need to dust off ordinance and fix the problems that the Kansas Supreme Court So the amendment provides changes. First of all, we are exempting churches. The Kansas Supreme Court did not speak to this issue, the reason we were brought when we first wrote this ordinance and we included any kind of building regardless what was happening, we think would be a Safer avenue to exclude church. The reason midnight mass and that happens after midnight. And we certainly don't mean to infringe on that. Also, we're changing it proposing today that we change it from being a commercial building or residential building and instead will base the ordinance on the Occupancies classification. It being an assembly. It be a Business educational Factory H Hazard which you would never really have probably. And Merck, until our asked storage, you might wonder like why educational, why would you include that? It's because people take these old buildings that are no longer in use. Think about that day care and they'll open a club in any type of building. They've open clubs in warehouses. They've open clubs any type of building. So we're going to look back at the old classification and those are all of the types of buildings that would classify basically as a commercial type building. So it exclude any kind home. The amendment provision will also include that a person could be criminally charged for a single unlicensed event. >> Or a series of events that happened between midnight and 6 in these type buildings. That matches exactly the language that you have in our entertainment establishment ordinance and this really matches that ordinance. It just takes it from the midnight hour. The 06:00AM hour entertainment establishment ends at 02:00AM. We are actually reducing the license fee. When first ask you to pass I was a $400 fee for a year. Doesn't seem to match the fees we have. So we're asking to reduce it down to 2.50 for the year for $50 for a single event which also matches the entertainment establishment ordinance. And we also eliminated this idea of manager fees. We had that in the first ordinance again because we were matching it with other ordinances, but it doesn't seem to apply to this type of business. So we're asking you to remove that. We believe that correcting and enforcing this ordinance will be a tool that the police department can use to reduce the violence and unlicensed clubs. He's actually brought by the police department able Captain Cooley who is here with me and they are in asking and in support of this what club is unlicensed. The officials are not allowed to enter inside the club to inspect for safety violations or liquor violations. We know that when we first brought this to the city Council in 2018 are very extreme example. That happened here in Wichita was we actually executed a search warrant and one of the clubs went inside and found all of the exit doors nailed shut. And that was an after-hours club that wouldn't allow police in to see what was going on inside the club. Police tried to enter is actually the club that went to the Kansas Supreme Court. And and that is a safety concern. And the reason we need inside these clubs to make sure that their exits out of these clubs, if shootings or other problems happen. Ordinance requires a license ensures that that business has to follow safety rules and has to allow access to different departments within the city to make sure that they're operating in a safe manner. So this point we recommend that the City Council adopted propose ordinances and amendment and I stand open for question. >> Questions for staff councilmember Fry. Thank you, Mayor. Jan, thank you for the presentation. Just a couple of quick questions. So this licenses for those businesses that are going to operate from midnight to 06:00AM. Yeah, the Sara Lee. Well, that's right. >> No, actually. Thank you. It doesn't apply to clubs in the sense of bars because they already have licenses. And this will not apply to any business that already has a license through the city or through the state. So this is for businesses that have 0 license at all. >> So anybody that wants operate from midnight to 6 that once operated type of business will have to pay this fee. Yes. That's an annual fee. Yes. How much revenue we talking about annual basis. >> I don't know what will bring in. I have to tell you, when we passes in 2018, we had 0 applications. >> Do we anticipate getting applications? >> Yes, I I do. I don't know how many it would be. I don't think I'd be many honestly, anyone, its operating a business from midnight to 6 is going to be required to do this license know there's a lot of if it's all employees. So if you're a manufacturer and it's all employees you're occasion the trenches, So it only is going to apply to people have invited guests where it has to match a list that we have 20 people or more. If you have lie, if you have music, there's a list that the police will match up to what they see happening at the business. And if that's happening, then you would have to a license. >> But those businesses be allowed to sell alcohol and have izick and so forth because that's a different license. correct. >> And if they have the alcohol license, they wouldn't have to have this license but alcohol license you have to close to. All right. So this is mainly to capture any kind of private club that opens after the club after hours they they call them sometimes. Dan's clubs, political clubs. They put different kinds of names on But to be open after midnight through the 6, if you're inviting people. And we think you need to have a license, more pop-up type of establishment. You're not a regular current thing. >> No, there are some that are regularly occurring. Yes, but I agree with you that. >> they come and go quickly like when I say they they occur regularly. It's like for month. You'll have them every Saturday for a month and then it disappears. >> Did you say their political club to turn into dance clubs serve alcohol late at I know. am Councilmember Johnson. >> Thanks, Just clarity. this passes today, it will allow enforcement to go into these establishments where they could not do before. >> If they have license. If they choose not to get the license and they operate without it, then it will allow us to prosecute them for not having a license. And then the judge could order us to go in. Okay. >> Councilmember Total. Thank you, Jan, thank you for your presentation and entertaining all of their questions. Just 2 questions, possibly read ended that the genesis of this was from the police department. Correct? They want to use as a tool. Yes, okay. My second question is. >> How will we? Let? People know? >> I mean, obviously we public notice and will have second reading and I get all of that. But are there certain establishments that are doing this now that don't have a license that we will specifically reach out to and say, hey, get a license you. putting the time in the work into doing this, how are we going to make sure that the people are actually obtaining the license? Does that make sense? What I'm asking? It does. It's difficult. So we learned in 2018, we got a number of calls. Some people called and said. >> Like hope we have a party. were a motorcycle club. And do we have to have this license that time? Yes, they would have had to have a license. So they decided to stop operating at midnight. So we do people watch this and they do know about it. But also it's going to be up to the police department educate so when they go out to a scene there, first inclination is not to take it even now with club when they go to club violations, their first inclination is not to ticket to educate and say that, you know, because you can get one of these licenses quickly because it's a one event You better not be open tomorrow without a license, but I think we'll be up to the department to do that case of the police department. If they know of establishments that are doing this, that will maybe be an educational opportunity for them to say, hey, make sure you get your license. Yes. >> Okay. Thank you. Thank you. questions for staff. Seeing none. Thank you. Is there a pup in the public on item? Seeing none. in discussion back to the bench for the discussion on item. If there's no further discussion make the motion to accept staff's recommended action to adopter recommended ordinance place. The ordinance on first reading and authorizing necessary signatures. Is there a second second seconded by Vice Mayor Jaisol clerk will open enrollment cast a vote. >> Have received 78 votes. That motion does pass. Madam Clerk. >> Public hearings considering an amendment to Leno and Stadium project plan and adoption of the Stadium Hotel project plan within West Bank Redevelopment, District resolution. >> Our council Troy Anderson, assistant city manager. So the item before you today considering an amendment to the on Stadium Project area plan. And an adoption of the Stadium Hotel project plan. So. I want to kind of go back and try to. Explain a little bit about how we have arrived to where we are There's been some misinformation out there. And so I hope that I'm going to try clarify some of that clear up some of any misunderstandings or misrepresentations. So with that being said, back in 2019 city council approved the West Bank Redevelopment District. We're going to refer to this is the district throughout right? You see here the Boundaries Illustrated in red. 2022, there was an amended delaying stadium project plan. Coming right out of their plans quoted. It's anticipated that all property within the district will be designated as the project area under the redevelopment Project plan. So the first step is you got to establish a district a second step is that you establish a plan and a project area as part of that plan. Well, as part of the delay one stadium project plan, the entire area was the original project area. Also in that 2022, project plan specifically calls out, however. The city council may create one or more project areas for future development. We're just establishing to that. The definition difference District District project area. So what's going before you all here today? 2023 is another amendment to that DeLand on Stadium project plan. First step is the city anticipates removing certain real property from the project there? We're not removing that property from the district. We're simply removing that property illustrated here with south and east of McLean Boulevard. We're removing that from the project area from that project plan. Subsequently. Once we remove that area from the project plan, we have to create a new project plan identify all the criteria around. Out action from financing can be used and will be used budgets so on and so forth, a quote right out of the Stadium Hotel project plan. The city is currently considering the adoption of a project plan. For the proposed stadium hotel project within the proposed McLean River Project area go a little bit further and also clarify that this is still part of the West Bank Redevelopment District. It's not creating a new TIF. District is still part of the same district. There are now just simply to project plans and to project areas. So differently creates a new project planned subsequent project area within the existing district does not create a new district. OK? So as part of that new same hotel. Project, we identify a project Planner Project Plan Project. That project the construction of 155 key hotel or a minimum 155 key hotel, minimum 150 unit apartment complex. A minimum of 10,000 square feet of retail space and a minimum of 260 stall parking structure and other riverfront improvements. This is an illustration of what we anticipate that project to look like there to the right. All stomach lining. See the hotel. there on the left to the west of McLean, you can see the apartment and retail. This is an artistic rendering of the roof. Top pool and amenities associated with the apartment complex. me tell you a little bit about the developer. So the developer Epc real estate was founded in of 65 plus. Employees. Since 2000. They've added 1.5 billion dollars in real estate value. They've created over 5,000 residents is. And more than 542,000 Square feet of office or retail. This is just a sample of some of the projects that they have. Completed. I won't go through all of these here. This is available for your reference. But notice some of 2021 property of the year 2018 bucks best mixed use. Project 2016 best mixed use project. This is a recurring theme with this developer. Additionally, there's been some question and concern. About up she real estate developing an uncertain economic times. If you see is just started to 73 million dollar Fairway, Kansas. They also have 3 more projects in the Kansas City Metro area, all slated to commence construction. And 1st quarter of 2024. But that's a question about the development timeline. So this is taken directly from the development agreement that was previously approved by City Council back in August. There's an exhibit as part of that development agreement that lays out. obligations and the benchmarks that the PC is required to. As part of their development timeline. I won't belabor this here. I'm gonna still a lot of information to cover. But if you have any questions, we have this information available. With that being said. Since 2019 and sense again in 2022. Things have changed right the project scope is changed. Office versus residential. office market soft, right? We all know is not just a local that this is across the nation right now. Post-covid Post pandemic. There's still some uncertainty around what the office environment looks like that being said. The residential market is incredibly strong and it is a significant need in this community. We need more residential. So since 2022, as we had been renegotiating this development agreement, it became apparent that we needed to. Deviate from the previous plan. Move away from office and move towards providing more residential. Additionally, construction costs continue to rise. The current lending environment has higher equity requirements and interest rates. As a result, the project has increased from 77 million dollars. 210 million dollars. Well said again in 2022. And the project presented to city Council. Anticipated investment in the community with a 77 million Dollar project a year later, we anticipate that that new investment is now 110 million dollars. Okay. So there's not a lot of questions around tax increment financing. So what is tax increment financing? I'm going to kind of skim through some of this, but just 4, everybody's out occasion TIF is used to fund the revitalization of designated areas. existing tax base is preserved. I'll show you that here on an illustration of just a second. The portion of new tax revenue representing the tax increment then used to pay for eligible redevelopment costs will go through and just a second well. Does not increase sales tax. Our property, take tax rates. Also again, does not increase sales tax, which is impactful for folks who are frequenting businesses within tax increment financing, areas. And it does not increase property tax rates. So this is fairly simplistic basic TIF model. This is used across the nation you see there in is the existing tax base and you'll see how is preserved across the term of the financing. That existing tax base. Property taxes continue to be paid by the property owner. And that's continued to get passed through to all the taxing jurisdictions. We say that and a way to make sure that everybody knows and understands that the school district, the county, the city, all the taxing jurisdictions continue to be made whole throughout. We're not taking any money away from the school district, not taking any money away from the counter Existing tax base is preserved and as top property taxes are paid. That revenue continues to flow to all the taxing jurisdictions. You'll notice and the illustration in front of you. About year 1, 2, 3, wants to project is completed. The value of that property based on the improvements begins to right? It's that incremental tax that as a result of the project, once the property taxes are paid, our return to the developed to reimburse, For there. eligible expenses. We'll show this in another illustration of just second. But there are no property tax dollars from the rest of the taxing community that are used. These are dollars that are paid by the property owner. As part of the property tax obligation and then their return to them as a reimbursement. As part of their TIF eligible expenses. The great part about that. If once that. Notre, that obligation is retired. All of that increment is then added to the tax base and all of the taxing jurisdictions reap the benefits, including a school district, including the county, including the city. So this was the other one I wanted to kind of show you right Again, there are no. City tax dollars that are being used as part of this process. This is it. This is somewhat of a pay as you go model, right? This is the pay as you go model. From the time that the project commences construction. This is the developers capital. It's not the city's dollars. It's the developers dollars. They're building the project. All the way through project completion. Developers, capital. Once the project is completed, the property owner is that responsible to make the property tax payments? Yeah. At this point, I'm no city tax dollars have been involved in any of this right. Property tax payment to pay for the property. It's only after property tax payments made by the property owner. And we verify that the expenses that they incur during the construction project. Art, if eligible expenses are the is that increment? Reimbursed back to the property owner. No city tax dollars. Okay. So little bit more on tax increment financing. TIFF Act allows for changes to project plans, which is why we're standing here in front of you today. Right? The terms and conditions. The TIF cap and were laid out in the development agreement previously approved by City Council back in August. not revisiting the development agreement here today. We're amending a project plan and introducing a new project plan within existing TIFF District. For example, in 2022 the end of the project plan for the existing area cities previously managed existing center city, South Redevelopment district multiple times to accommodate multiple project areas. We include that in Arctic continue to demonstrate. This is not a one-off right? This happens across the state. We've done it here locally. For years. This is a pretty standard practice in state of Kansas. Going around through these pretty fast. But we wanted to show you all. What are included as Tiffany legible expenses. This comes right out of state law. You're welcome to go. Look this up yourself. But what we're going to try and illustrate here are the eligible expenses. There's no. Profit margin. That's an eligible expense. These are true construction cost financing costs to make the development occur. Number one acquisition of property within the redevelopment Project area. So acquisition costs, payment of relocation assistance, site preparation in Q including utility relocation, sanitary storm sewers, lift stations, drainage conduits channels, levees, canal facilities, street creating paving gravel and curbing guttering and surfacing street light fixtures, connection facilities, underground gas, water heating electrical service. Sidewalks, pedestrian underpasses and overpasses drives driveway approaches, water mains and extensions pauses. Major multi-sport athletic complexes, museum facilities, parking facilities landscaping plantings, found shelters, benches. The last for a minute. Elaborate on just a little related expenses to redevelop and finance. The redevelopment project. Those your financing costs right? There are there's interest realized as a result of barring and financing project, those are all eligible expenses associated back to the developer. For the purposes an incubator. This is an incubator projects. We're not worried about our cost for acquisition of land which serve an animal that this is not in a mode of transportation areas. We're not worried about U.S. and TI costs for infrastructure, which just continues to any portion of the redevelopment district. So. There are opportunities to utilize infrastructure roadways, water, sewer utilities on adjacent to the district of support the district. The improvement certainly have to be within the district. That's T is suggesting is the costs for infrastructure. This continues to any portion of the redevelopment district. So there's been some question again about where the 11 point this 11.3 million dollar to for reimbursement is going to go to. So this as a breakdown. The pay as you go finance saying that the developer will incur as a relay to the project and those eligible expenses that will go back to the developer wants to property taxes to pay site work. 2.7 million dollars acquisition costs $250,000. want to highlight that. We understand the acquisition of property was a dollar, an acre, right. But there are other closing costs and other things Associated West, an actual transfer property. That's why you'll see the $250,000 there street infrastructure improvements, parking. really emphasize this 1, 2, 0.2 million off. I can explain later why the parking reimbursement is 2.2 million dollars if the question arise. But notice that the biggest, the bulk of a lot of this is 2.2 million dollars towards parking 567,000 contingency and about 4.7 million in financing and other costs. There are obvious project benefits to the developer right? But there's also benefit to the city. The project's a catalyst for the overall continues to be a catalyst for the overall district. Yes, there was some commentary that the stadium was the catalyst. But at the same time, this continues to the public to the private development catalyst to continue to see development around the ballpark. This increases TIF incrementar reimburse expenses associated with the project other improvements like the river from parking in the stadium. Not only will the developer benefit from tax and from financing, but the city will benefit from tax increment financing as well. Show you just a minute. More importantly. This project will increase revenue for from other funding sources for the stadium, which include see it and star. We showed this table back in August. We showed this table again in October. Again, I won't belabor this. I do have the information available to questions, right? But this shows the comparison between 2022 2023, not the year, right? But the development agreement that was approved by City Council in 2022, which was the 77 million Dollar project and the 2023 Development Agreement that was approved by City Council back in August, which is now 110 Million Dollar Project. Again, all those numbers well, maybe hasn't been shown as part of the conversation, least not and this round, but we did introduce this. a public forum or so ago is how the 2023 Project compares to the original all phase one and phase 2 projections from back in 2019 when this all came to fruition. You'll notice down there. The total revenue that. The city intends on benefiting from originally. 18.6 million. This project. We anticipate will generate some million dollars. So significantly better position for the city. Now, the back in 2019 when the city entered into that original development agreement. Again, I know it's a lot of information. We kind of touched on some of that conversations of the past. But want to bring it back to why we're here today. Right? We're here today because we need And the delay now in stadium project plan to remove the area you see here hatched in front of you from that original project plan and then subsequently creating a new project planned for that subject. Property. We're not removing it from the district. We're not creating a new district. This is all within that same West Bank redevelopment District. We're again now just create many of the original project plan and creating a new project plan. recommendation to city Councilor today because there's 2 items that need to be addressed and state law sets forth how we need to go about going through this proj process. First we recommend is that the City Council Open a public hearing receive public comment and close a public hearing. On the amendment to the delay one stadium project plan. Then we recommend. Opening a public hearing receiving public comment in closing the public hearing on the adoption of the Stadium Hotel project plan. Once those are complete, we recommend placing the ordinance amending the delay on stadium to project plan on first reading and subsequently place in the ordinance adopting the Stadium Hotel to project plan on first reading and authorizing all the necessary signatures. Developer was unable to join us in person today, but they have joined us virtually and is available for questions. Additionally, all stand for questions. And otherwise that concludes staff's report. Okay. Questions for staff councilmember bubble. Thank you very much. Mayor. Thank you, Troy, for. Saying What previous announcements have we made on the properties now? >> We made it. I think we've made a couple of on this property. Haven't we? book Office development that didn't go through so. >> On 3 properties 2022 is the announcement. original development agreement and 2019 and encompassed all of the redevelopment area. Around in 2022. when Wro P brought on the PC is the development partners, the co developer we introduced phase one. That was the announcement. So that's the first one. The second one is. 2 months ago, 3 months ago when we amended that agreement. And a PC became sole developer of these 3 tracks inland. And City Council approved the development agreement between the city and PC. So 20 2022. 2023. >> there were no clawbacks because there continues try to work through those correct. >> So let's talk about claw backs. So. Throughout all these development agreements, the clawbacks are. That the city will convey the land to the developer. At less than market value in exchange for. Getting the development. If development doesn't occur, certain benchmarks are met, city's clawback is too. Repurchase the property back from the owner of the property from the developer. That's the clawbacks. The Clawback is. We'll give the developer an opportunity to go make good on their commitments. If they don't meet that. Benchmarks for commencing construction and so on. city has the opportunity to find that party and the fall and 2, purchased the property back from what same price dollar, an acre. So whatever price, we sold it to is the price in which we will buy back. The city will not expect any additional dollars getting a lot land back. That's proverbial clawback that you can talk about the catalyst site. You know, the stadium was originally the catalyst site and we're going to use. >> The property tax from around the area to help pay for the stadium. So now we're trying to cart that correct. If I'm wrong here. And now we're trying to carve a piece out that was originally go for debt service to the stadium, correct? >> Simply creating the new project area. Does not impact our ability to capture. Tax increment, financing, C ID star sales tax and other. T bid tdt revenue. Out of that project area to pay for public infrastructure improvements within the larger district. That's why we continue to make sure everybody were not amending the district. We're not revising the boundaries of the districts were simply creating to project areas. And by doing so. It does not impact our ability that the revenues received. And go towards our debt service obligation regarding stadium and other McClain wrote another infrastructure improvements within the district. >> So what value from this transaction? We'll go to service. So. In that table that we showed. >> Right back. back again in August that 35 39 million dollars of that 39 million dollars. Now there are some limitations on how we can use to EBITDA dollars right? But otherwise. The significant share of that 39 million dollars we can use. To retire debt service, obligation contribute to our debt service obligation. >> So so earlier this year, when the partners in the project change. Council will go along Epc because they're going to follow through with now. And I think at the time I brought up why or why don't we go back out for RFP at that time? >> And they said no, they've already started to plan. We're not going to up for P now. We're coming back with an 11 million dollar incentive. And I guess last question, why are we going out for he again, with 11 million dollars? >> So that may be too part. Number we had an existing development agreement in place right in consultation with legal counsel knowing and understanding the environment of what had transpired from 2022. Our recommendation was that. >> Pat, the city pursue. >> Legal the reality is we probably would have tied ourselves up in court for years. Right? And then we would have had to have started the process sort of all over again, right? We would have to have gone out for RFP that would have taken us a year to go out RFP all received proposals. Who knows what those proposals would have looked like right. And then it would have taken another 3 years beyond for that project arguably come to fruition. So that's almost 6 years, probably more like 7 years. By the time it's all said and that. We're not saying any development. We're not seeing any. Sales tax revenue being generated. We're not saying any T bid revenue or changing gas tax revenue being generated. Right. And particularly as it relates to the sales tax components, the C a D start district. Those shot clocks are running every day that goes by every month that goes by every year that goes by it. There were not saying development occur. We're continuing lose out on potential revenue. So we felt it was in the city's best interest taxpayers, best interests that we continue to work with unknown developer who has a track record of success. And to advance the development. And and the fastest way possible. Number 2. 0.3 million dollars is not a new ask, right. Let's make sure that. As you can see here on the illustration and 20, even as far back as the original development agreement, the original development agreement always contemplated the use of tough. Even 2022, the development agreement contemplated 0.6 million dollars in tough. The reason why that request that number has gone from 8.6 million dollars to 11.3 million dollars. Can be directly attributed to the cost of the project. The project went from 77 million dollars, 210 million dollars. So just look at the percentage is a right. Additionally. You remember this 2.2 million dollars. most likely going to parking right. So when they went from office, which is a stand-alone building to a parking structure, which is a stand-alone building, another integrating residential on top of the parking structure. They're going to have to overbilled footings and foundations. The cost of building a parking structure. It's going to come. Arguably some 3 million dollars, more expensive and what we are going to pay for it. Those are all eligible expenses for oversize in footings and foundations. Structural aspects to parking garage. 2.2 million dollars Arguably a lion share of the difference from 8.6, which was contemplating a 22 to the 11.3 that's contemplated day. This is not new. Ask. There's always been a request for 2 throughout the entire development agreement process, but the but the residential side. apartment is. >> Correct. >> The residential is yes. We again, as we kind of explained office, Marcus got didn't make sense for a developer to go out there and build more office just for its civic right. We know and understand we have other projects that are coming downtown and come to the community. We have a new bio Med center that we're really excited about. That's going to war and significant residential investment in our downtown in particular, right? But we just know our residential market across the the city is in need of. We need more residential. So we renegotiated from the 22 the 23 agreement. We're encouraging residential to the greatest extent possible. can 110 million dollar project not be done without that. >> no. It done without too off. And the reason I'm asking knows little bit before time. >> But this looks exactly like the top deal to me work. Top golf went in there and spent 10 million dollars for the infrastructure for residential apartments. Can you tell the differences? I'm not paired to questions about topped off. I'm just looking for similar projects. We've done or we've done 10 million dollars for president. >> It's yes, The floor is yours. Thank you. Council move up. There are actually a number of projects residential projects we've done that had I can go through the ones that I know at least in the downtown residential loans. Residential. yes. The Sutton Place Project which is now under construction spaghetti works project. The Epc project and Sycamore the 2.25. Sycamore. Uptown landing. River Vista. Exchange, place in water walk have all received TIF assistance for residential. Okay, deal with those. But are the values anywhere near this? Yes, yes. So >> the 2 highest are exchange place, which 12 and a half million dollars and water walk, which is 19.3 >> That's all a question. I thank you for thank you. >> So we get a full questions. But just want clarify this conversation because I think that. Once we simplify this might lead to for the questioning that that is less explanatory. A tip is funded off the increase in property tax. That's correct. Star Bond is funded off of sales tax. is not distracting. The star Bar on so long as it's not interfering. The projection of sales tax. >> Correct. You could have a project. Adds property value which contributes to tax increment financing. That does not generate any sales tax. Yes, right. But generally you're going to have both ideally, So the people who are concerned that this might distract from the star bar on that. It's really would distract from the original tip that, however, that original tip that. >> It's now put into this new sub 10th if we well and therefore, we shouldn't expect that this will have a negative impact on the debt of this project. Is that a fair assessment? As far as the tip for the start on? >> Maybe say this way right If this project forward right? And commences construction, it will contribute to not only tax increment financing see ad sales tax star bond sales tax. Tran, tourism business improvement, district tax dollars. Transient guest, tax dollars. It will contribute. All right. grows the base because the grind stuff at this hotel that sales tax is now going to pay off the star bond. >> The tip is paying for some of the infrastructure and the sea idea. Still this isn't a fact? That's the I D and therefore. And I just because they heard this this is going to. Detract from a start on that. And I just want to point out star Bonta paper by sales tax. This might actually increase sales tax revenue if people are buying chips at the hotel or whatever is in lobby. And then it's property taxes. funding strain and therefore. The shouldn't affect the overarching start because it's 2 different funding transtar bonds, not on directly from sales. I mean, from a property tax. >> As as we've shown throughout that process, right? You'll notice this cash flow, the developer will get 0 C sales tax. The developer will hit 0 star Bong sales tax. The developer will get 0. didn't tgt dollars. All of that revenue. Welcome to the city. The only revenue that developer will get is the property tax increment. If they do the project and if they pay their taxes, they don't get. A penny unless they do the project and pay their property taxes only then will that get reimbursed to That's the only source of revenue coming back to them as part of the The city received the rest of the revenue streams and the only get reimbursed or the stuff they do that is to get eligible, correct. So only infrastructure type stuff. They don't get reimbursed because we don't have a profit margin and they don't get reimbursed. >> We all skim off the top. It's jus reimburse. When you show us the receipts that you built that say a sidewalk. pursuit for that. So that's okay. So I I love your presentation you you're clearly expert on his number fashion, ul and I personally like to how do explain this to folks don't have your background? And so I think that you've some are cleared up some of and a very simple way. Some of the issues I've heard floating around there due to misinformation and frankly, the fact that a tip a C ID start on. These are all somewhat complicated stuff outside this world. So I appreciate not only the long version of the presentation that really as details. But also the clarification of how can we what's the simple take we have to. So thank you. We do have quite the So go ahead. You have a energy drink. Now's the time to break that out a council member Johnson. >> Thanks, Mayor. Thank you. just wanted to clarify one thing you had mentioned actually going back when we first talked about this, there is some talk social media that this was a new But you said it's an amendment and that's why we're having actual herring. Do you have examples of where we have amended tips before any projects like that? >> Yeah, one of the probably the best examples is this said it City Center. probably go back center city. South >> it originally. We are back and kind of do the math. >> been amended like 6 times and as 12 project areas within that. So and that was just one example. Yes, we have a number examples that we can show that. This is the process of the State law lays it out right? Create a district, create a project project area and then that can subsequently be amended, creating new project areas within that. Within the district. Yes, this is pretty standard practice. >> So it's not unusual to amend plans to potentially make them better both parties. The developer but apology. >> So I'm a >> the project and what authorize the Sort of that use of Tiffin the budget that's project plans stuff. I think what you're alluding to are the terms and conditions that are negotiated between the city and developer as part of a development agreement. Those are 2 totally different processes right? enter into development agreements with developers to lay out the terms and conditions. As I explained as part of the public far right. This is again, pretty standard practice across the development timeline. You you enter into terms and conditions under development agreement and then you walk through the entitlement process, right? You walk through zoning. He walks through plan and plan amendments. You walk through Subdivision, site development approvals all up as part of an time of to get to an ability for that developer to submit a building permit application. You don't put the development agreement on the back end of because you may have exhausted months that year walking, sir. And if you haven't already negotiated the terms and conditions of a development agreement. You kind of done all of that for not right. So is pretty standard practice for walking through. We laid out all the terms and conditions of the development agreement and now we're walking through the entitlement face. >> Okay. And then just for an example for anyone watching. When you talk about city center with that, be like Kansas, Common like that. Hope. Yes. Yeah. That's part of it. >> The area is west of Intrust Bank Arena and South West and south of interest banker. Kansas com >> niche. >> All those projects are our project. That's just one project area within the larger district. Again, there's about 12 project areas within that larger district. Alright, Councilmember Valor. >> Thank you. Mayor has a couple trick. Could you talk a little bit about how the parking went from private to public? >> very question. So I can tell you. That strategy is part of a larger, more comprehensive strategy around parking enterprise system. Right? You'll recall back earlier this year, a city council approved a parking and mobility plan. >> We've immediately. >> Gone to work to start. Developing an implementation strategy. To constitute to. A paid parking stretched from old town to Deland, on everywhere in between. Right? The plan laid out. You need to charge for parking on street off street everywhere between right? We've got deferred maintenance and a number of our parking structure. So it's to our advantage and it's to the benefit of the taxpayers as we start negotiating the development agreements if there is parking that is contemplated as part of that. That the city come to the table and provide solutions for public parking because it's part of an enterprise system, right? As part of a system. And so as we had the opportunity to continue to negotiate with them and Again, it was our recommendation that this not just be a private parking structure for the benefit of the that this become a public parking structure, that then we can. Cover our debt service obligation or contribute serve up service obligation, associate with through charging for patrons of the hotel for tenants of the multi-family residential for patrons of the retail for folks frequenting the ballpark right to this, become a public asset and contribute to our public parking strategy. >> OK, and you mentioned in your could you talk a little bit about that? The reimbursement, the 2 billion dollar pay as you go portion. so I kind of alluded to it a little bit right? We have committed. As part of that development agreement right to purchase the parking garage once it's built. Regardless of whether epc building on our behalf. Are we go out and hire a contractor and go do it on our own right. Our intent is to it. Start constructing these parking assets in strategic locations to support the surrounding development. We agreed to basically pay $30,000 or star stall, which is consistent with Mark Rate. We're we've evaluated the cost construction for the new Transit Center, for example, right so cost about about $30,000, a stall build a new parking structure. So that's what we committed to paying for for this parking structure. We know that based on the design concepts that this parking structures far going to exceed $30,000. Just all right. They're going to have to again, oversized footings and foundations are going to have oversize structural component because they're putting residential on top of it. We committed. We said that's fine. If you want to go do that, that's your choice. We're only going to pay for what it would cost if we went out and built a parking structure on arrow right? But it's that additional cost to become eligible expense. You saw me when I went through the states. right. public park and parking facilities. RT foldable expense. So they anticipate above that approximately 8 and half million that we're going to pay for the garage, wants it built. And there's actually some economies of scale and economies of efficiencies by having Epc who's already on site, build a parking behalf right? That parking garage probably going to cost north of 10, maybe 11 million dollars. So that additional 2.2. Is a tiff eligible expense to once build the project, pay the property taxes, go back. But the 8.5 ish a 0.6 that we plan on is not a tiff eligible expense for them. Now what you'll notice is that. We anticipate that this project will create beyond 11.3 million dollars in tax increment financing. The city can then use that additional tariff once at 11.3 is retired to reimburse for our investment in that parking NASA, right or other riverfront improvements. That's why everything on the project plan leaves out the budget, right? There's an opportunity for the city to realize tax increment financing, revenue once that 11.3 has retired. >> Turns work with I appreciate you providing similar like projects that ABC has already done. Another question that I'm getting from some of my constituents is if this passes, when are they actually going to see something great ground? I know you. I'm something similar, but just for point of clarification, Wynwood Construction actually start. >> The simple answer is Q 3 of 2024. >> So >> you saw their obligation within 9 months of the effective date, they must submit an application and associated construction drawing sufficient of channel footing and foundation permit within 12 months. They must submit an application associated and then within 13 months, they must commence construction. That was 13 months from when the development agreement was fully approved and executed. They have 30 13 months to commence construction. So you'll start seeing mobilize ation of contract, those kind of things Q 3 of next year, right? But then they have to commence construction within 13 months. >> Okay, 2 more quick question. What happens if we don't do this? >> That's a great Don't approve this. >> Tiff today that tip within a tissue. What happens? That's a great question. I guess financially maybe is question. >> So we we have a development agreement right? >> council and the other. Party Percy has executed right, actually going through the approvals today. >> Allows us to uphold our. Part of those terms and conditions right >> if this doesn't get approved today, that that's a great There's there's a real chance that. That the developer may not be able to proceed with the project right which we've talked a little bit here today, right of what the ramifications of that might look like the reality is is again, we've agreed to the terms and conditions of the development agreement. We're going through the if we don't continue to walk through those the project. Is that risk? Yes, Mister if I could. >> This is just a preliminary estimate. But if this project and not go forward, it would not contribute. About 15 million star that we anticipate and probably at least 3 million and that would not contribute contributed. both of those funding sources are needed for the debt service on the stadium. So without that, it jeopardizes the the funding plan that we have and would require In all likelihood you sales tax and property tax to pay for outstanding debt service. >> And my last is just more of a comment. And I mentioned every time that we're talking about this development to make sure that we don't have any unintended consequences for it. That programming that is actually activating the river. Now shocker rowing boat and bikes. They they practice on the river multiple times a day. We host I do want to make sure that we're cautious and not interrupting plans that they have. I'm already in the works and they were working close anybody else that utilizing the river. >> Yeah, we've been working closely with public works and city engineering. We're continuing to work through. Additionally, you'll recall we got a 5 million dollar base grant from the states. We're working closely with the state to try to know and understand what that timing looks like. We have a small window of opportunity actually lower the river to river bank improvements. That was part of the base grant to we committed to And so we're working closely with us. Well, all of those parties including the Army Corps of Engineers. What's the minimal are going to have allowing the river to do the riverbank improvements, but we should have more information here shortly on what that time timeline looks like. Okay, great. Thank you so much. >> That's but man Thank you, If we go into current first, thank you for the presentation. All your work on this project. I know it's been. Quite an effort over the past few months with that. And if we go through with this plan. When do we expect the new cap the one that we're talking about right now to be also that can start putting the money. We clip from and 2. But if that that we have. >> So that's a great question, right? A lot of it is contingent upon so first and foremost. Project completion within 30 months of that affected 8, right. So 20.0, 4, 5, 6, 2026 ish, right? Practical. probably 2027. We start seeing some of that in start seeing some of that tax and the financing revenue coming back. >> As a result of property taxes being paid ice is contingent upon part of it is contingent upon county appraiser appraising the property right to hire that county appraiser up Reais is the property right? The more tax obligation is created and the more tax revenue that comes back to the developers Ulta the taxes that they pay and they can retire that if note early right, if the appraiser doesn't appraise, the property is high right then it may drag out that timeline. And if I had to guess. I'd say years, 50 15, 16, 17 will probably catch the back. >> For 5 years, 3, 4, 5 years of the of that hat, tax, increment financing, revenue to help offset some of our initial investment. >> However, the as soon as the projects completed in the retail and hotel space are occupied than ID and star bond revenues start too come to the city or help pay off the debt service. So that's really the more revenue sources that we received. And we are. >> We're doing well as far as paying off the current tip that with the rise in property values, correct. >> Correct. Tax increment financing. We've Mark finance director. We've had some ongoing conversations. Yeah, we're less worried so much about taxing financing debt service obligation and thus are But we're more concerned about the sales tax, the ad and start >> What's the normal return on investment for a project like this? you said there's is 8.4%. What what's usually about the the normal were turned over >> So that's a great I'll answer that in a sense of it. It depends on the investors level comfort level of risk, right? I've seen I've seen some return on investment projects. >> In the 17, 18, 19% range right? Generally speaking 12 to 15% is a pretty standard return on investment for a new project like this again, depending on the investors level risk, comfortable comfortability about level of risk. >> And a half percent clearly below that sort of standard 12 to 15%. >> Now clawbacks when Dew claw backs. But what clawbacks do we have as far as the time on us. All the 15 Yeah. 30 Do each of those have? set of standards that they have to meet before we can exercise what does that process look like? >> Correct. >> between 2022 2023 and the 2022 agreement, there were only 2 sort of benchmarks, right? Commencing construction and project completion. through our negotiations were successful in adding additional benchmarks, right? You saw submit a building permit application and you saw commence construction yourself commence vertical construction, right? So throughout this process, if the developer fails to meet any of those benchmarks. Now, given there's excusable delays right associated with some of those circumstances that are beyond the developers control right? But given certain excusable delays, if the developer doesn't meet those benchmarks, then we walk through the process of. Providing them a notice of default, right? And then have a period of cure, sending them a second. Notice that a period to cure and then we can pursue legal recourse of. The clawback, the repurchase agreement with that come back before council or >> approval to to instigate that that process. >> I'm going to look to legal counsel, but I'm going to say yes. OK? So we have some oversight here for council for this. Correct? We won't get this project without That's is that what I've read that essentially week what they will not be able to get financing without the backing of additional within a tough, I guess. All answer that that. >> When we laid out all the terms and conditions in the development agreement, we committed to the 11.3 million and tough. Like going through the 2 approval processes today amending the district. She's me amending the existing project plan and creating the new project plan within the existing to. Are able to satisfy that commitment right? So when when we negotiate all those terms and conditions of the development agreement, those are the terms and conditions by which developer agreed to move forward. Yes. And short. Not going through that. These approvals here today. Could put project at risk. Yes. >> So I just want to add that we have 2 back-to-back public hearings on this topic that we have to call and we will go back to discussion with staff questions for staff because Appleby hearing. Throughout those to answer questions for the public and your reason why I bring that up we've got the entire body the board and I'm still going to people board. But now we have people who are taking second bite of the apple with more questions. And I think that in order to good stewards of staff's time of the people who have showed up to this, some of these questions might be answered during the public hearings as well. So I just want to clarify that unlike other items, we are going back to the public in the back. discussion We have an opportunity to have more thorough discussion with staff with the public with the body so that we come up with hopefully all the answers to questions that people have. So don't feel to to the members. Don't think you have to get all your information are at this point answer because I think a lot is also answer. We have other people come up as well and we will have a second by the Apple after or during the public hearing. Councilmember Total, thank Trait may be redundant with my colleagues in say thank you for your work and this. >> And I would say like to be able to explain things like that with my neighbor at the mailbox this afternoon. So hopefully we get out this so is not in TIF district. We said that we've been incredibly redundant. Essentially. We're going from 77 million dollars in development to 110 million dollars in development, which is great because the market has changed and office space is not as needed as residential space downtown and our city's core. Is that correct? Correct? Correct. Also, I'm all for walkability, especially in our downtown core. But because of the office, excuse me because of the residential space and because of the apartment space that will then draw a need for more park. is that correct? Correct. Okay. Thank you very much. Just want to make sure we're on the same page. I was going to ask what happens if we don't do this. And I was also curious about clawbacks. I extremely optimistic that in 30 months we're going to be doing a ribbon cutting for this project. Correct? But if something were to happen, one of the comments that you made. So I just want to clean it up so we don't get additional concerns that we would have the opportunity or we would purchase the land back for a dollar. That's correct. Dollar an anchor. Sorry, but we're not just getting land for a dollar. We're getting land with all the assets that could potentially be there. Correct? >> Correct. Yeah. That's that's why we enter into these agreements for that. The revenue received from the real estate transaction. It's the 110 million dollars worth of development right 39 million dollars worth of revenue. Yes. So if worst case scenario, something happened 30 months, we don't get to do the ribbon cutting, we would get a substantial claw back. Yes, yes. Thank you. Remember Fry? Thank you. those very summer, the question I was going to ask him the same point being made is that the clawback is different from the last develop. An agreement because now if they don't meet those benchmarks, whatever improvements they've made to land to the infrastructure. >> no cost to us. It's just the dollar that we would have to pay. We would get. point of construction completion that it whatever next developer would have to do because it already that point. Which is great club back. Second thing. Because of the investment going from 77 million dollars. 210 million dollars. I understand that. That increases the availability for debt service to almost a million dollars more than what was in 2019 without this project, there would be no money for debt service related to the test because that land was creating $0 in property tax prior to this proposal. But going from 77 million, 210, it's now a million dollars more than in 19, correct. >> In 19, it's went from 18 million to 39 million, right? That the value of the tax incorrect financing. >> Increases about a million dollars more debt Crepe ability for us correct. Okay. >> 3rd that we've been through this before and not doing this project. >> Where does the money come to offset the loss of C ID star tiff? You mention sales tax and property tax. That means other projects would have to be for gone. We're not allowed to happen because we have to use that money to pay this difference. Correct? That's correct. over. So if I understand. Say what do the project without the TIF dollars? What portion of those property tax dollars would go service for state. If we vote, we like. >> Not sure that I understand the question. If the project goes forward, if we did not do that, went forward, I'm trying to better understand. >> What portion of those property tax dollars could we go back to pay their if the if we didn't do fund, the project would go forward. Therefore, there wouldn't be any inclement as so. Someone else brought forth a project that does not require What portion of those property taxes that Only a small portion bless you. If if you made project, you could capture whatever the value is. >> Above and beyond the current time, you're right. But if you don't do TIF on the new project, we would only capture piece of our regular service obligation. The normal operations for property tax, county money and the school district money would all go to those jurisdictions. >> And one last question, does the city have a copy of the internal package that UPC uses to provide for their investors for this project. >> We have information that is proprietary information as we are working through these development agreements. But they're it with We do have information that you have the same documents that they're providing their invest now to get the best us know. >> Is that something you can get her? >> That's a great I mean, we could certainly have the conversation, obviously, that information wouldn't just trying to see what this project looks like to an outside investor. Sure that information wouldn't be a made available to the public to be protected under. could the city sure? Yeah. I mean, confident we could probably talk to the developer and see you it for whatever its worth right? We kind of know the metrics. We know the performance, that a lot of that information was provided in the development agreement. saw a lot of the the project cost and that if eligible expense off, there are a couple of exhibits that are part of the development agreement. We've already kind of walk through a number of veteran of those sources and uses. All right. So thank you. We're going to. >> 2 public so going to you about public hearing considering an amendment to the delay, stadium project plan. That will be the first one. then we have to hold a public hearing. And so during adoption of the Stadium Hotel project plan, is that correct? The people who come up to speak first public hearing, please focus your comments on the amendment to the delay now and stadium project plan and then on a second, please come forward and talk about the hotel project plan. Do my best. You have 5 minutes for your comments and what you do is you come up here self. And soon as the person who is finishing talking, if you are here in just come up right after you got to raise your hand. Don't do anything like that us. Keep it going. >> So last set, native accounting degree in BA from WSU. They're still misconceptions going around about this. And I want to clarify what Troy Anderson said, the very first discussion of developing this land on either side of McLean was in 2021 and I have the document right here with me. Not 22 2021 and in case you need put together a timeline of all the amendments and all the agreements have been signed on this. If you need to copy its 3 pages long. But I prepare that to keep a straight on the numbers. I listen to the stadium plans you presented in March of 2019 developers painted a grand vision for the West Bank of the River restaurants, offices, boutique hotel, retail and entertainment venues, Wichita River LP and Riverfront Partners were going to do wonderful things for Wichita. One of the most significant impacts in our city for the next 50 years. You promised citizens tax dollars would not be given to developers would not be used to finance development. City manager said and I quote, funds from tips. See ID's and star Bonds are all going to pay off the debt service on the stadium. This is one of the council's initial principles that we have to follow. Did you catch that Tiff said star were all to go to pay off the debt on the stadium, which is now 83 million dollars. Citizens were concerned about access to the river and why riverfront land was given away at a dollar. An acre. The public was told this land cell was the only incentivizing the team needed to move to Wichita. And here's quotes from the bench. We're getting the best bang for taxpayer book. It's too good. option to pass up. We're not utilizing the river to its full potential. And I love this one. What I do this with my own checkbook. The 83 million Dollar Ball Stadium project was then unanimously approved with no tax payer vote. Former mayor long will said the comments from the last few weeks. I'm regretful that we were not more purposeful in terms of development. That's an issue of trust. And we may need to live up to expectations for trust. And then this promise all the revenue generated is going to pay off the debt on the stadium. We've been listening to the community. They don't want giving millions of dollars away. We've been conservative in our approach. And here's what happened next in December 2019 Wichita River LP was given a development contract with this promise. The contract will and I quote, provide personal guarantees reasonable to the city. The developers will make the city haul for the lost revenue stream required to satisfy their local star bond Repayment, C ID at TIFF District financing. Do you remember that those of you who are on the board? In 2021, the year I quoted you with a bigger plan. Was humanity unanimously approved with a promise? It would be a bold and unique development that Wichita will be proud of. In 2022 and amended redevelopment plan was again unanimously approved with an added bonus. This time 5 million in arpa funds for a sky bridge. The promise to get stuff built faster. Shortly thereafter the team was sold and new owners took over and this year after the primary elections in August, U unanimously approved letting WR LP Walk away from their contract and they're clawbacks yet they got to keep the Dollar Acre land with no record development. the penalty for failed development. You removed the penalty. So now here we are. Promises made to us. Wichita taxpayers have been broken, but the 83 million dollar debt payments are holding us hostage. The Star Bond debt requires repayment. Even if that repayment has to come out of the general fund, which would have gone for streets, firemen police parks whatever the general fund needed for the budget. Annual debt payments are growing from 2.3 million to 4 million and the ball stadium is not making revenue to pay for the debt. So that had been promised today. You voting to spend even more 11.3 million to the developer and test funds funds that were supposed to pay off stadium debt. You know, the citizens of Wichita, an apology for creating this mess for digging a development whole. You broke your promise. You broke our trust citizen should have voted on this development and economic development should not play a shell game with taxpayer money. Hotel guests. Tyson is a >> I'm almost done. Can I your 5 minutes? You're done. Speak at the next opportunity. Thank you. Councilmember fact, they if we could, we just have a comment from Bond Council for a moment. Please. >> Thank you, Mitch Walter with him or Council, the city. My apologies for not making up to the podium before the first speaker to follow formalities. I was just a motion to formally open the public hearing. >> Regarding the amendment. >> We make a motion to open the public for. delay now and stadium project plan. motions and made seconded on favorites that motion just heart clerk open role. Every. See or haven't received 78 votes. That motion does pass, which now we are in a or actually public And therefore, you get a full 5 minutes. Welcome back. Thank you. >> Celeste are set East High graduate. So as I was saying, economic development should not play a shell game with taxpayer money, hotel guests. Tax funds cannot be used on debt. They should not be part of this presentation because they go towards cultural facilities like century, too. The aviation Museum in the Native American Museum. You should know this. That's called TGT t bed funds also cannot be used for debt that goes towards marketing. Which owns have voted for a new mayor and new city council members. I'm asking these new elected officials if they're in the audience to keep their election promises for accountability to stop poorly designed deals that take money from street repairs, parks and building upkeep, enforced contract requirements for claw back. Some backstops don't eliminate those claw backs when they've been written into the contract as was done this year in August and move more quickly in disastrous development projects. Back in 2022 the fencing to build this development was taken down. And at that point, you should have no, this development was not going forward. And if you would move quickly to reenact a claw back on that contract. We would begin receiving money from the developers. Wichita Riverfront LP for not fulfilling their promises. List. The owners of the companies behind the development. I made my own list of behind this development. You should be publishing this on the economic development page. I am asking for transparency, development projects using public subsidies STAAR test CIA G O and B funds should have pro forma cash flow statements posted on the economic development page. We taxpayers should be able to track helped. Well, staff did on revenue and cost estimates go to a 5 year and 10. Your actual results on development projects. You've got a great finance department Mark. Many is the director and they can help prepare these document similar to the financial statements that are published quarterly and annually. Taxpayers want to see how accurate these estimates are when we approve multi-million dollar development agreements. And you know what? Maybe it's time for you all to start writing your own checks for these development deals. Maybe not a bad idea. Thank you. >> Councilmember Fry. Thank Troy, where to go. Thank original plan from 2017, I think you have it in your spreadsheet. From the power point. Where it did not list. original proposal. Since 2017 hotel. And the proposed budget. Director is a phase one and phase 2 projections did not have a hotel. So there's no generation that he did or T G I D. Revenue at that time. So correct that 2019 development agreement. >> Laid out that the developer was supposed to build X number of square feet of commercial uses, which absolute office, which may include retail. But otherwise it talks about was more of a benchmark around the square footage associated with development rather than specific uses. Again, going back to the original plan of 2017. That was not included in the proposal we've been talking about this for. Whatever those number years are. The debt service is always been part of the project expense always been planned that wheezing Tipsy ID start was always guaranteed to be used for debt service. >> That's correct. Is not untrue statement. Talk about original developers, accountability and that they fulfill their obligations for that dollars. acre. How much did that? riverfront partners pay for the FFA knee the furniture, fixtures and equipment that the city now owns. But 10 million dollars worth of. that's that's the number that heard is 10 million dollars. So that's equipment that city now owns 2 outfit and operate the stadium. Okay. So they fulfill that obligation. Who paid for the salaries of the team and all the related personnel over the last several years. Wasn't that which to riverfront Partners? Does the ball club either? Yes, that was a come in. They honored. All right. Are we making payments on the debt service using C ID and star revenue as well as the lease payment that the team is paying That's correct. That too, is an obligation that the the partners fulfilled for that dollars, an acre or so to have this continued narrative that they did not fulfill their obligations. They did. And they did start construction. Was it tighten down the way new benchmarks are tight and don't know. But everything that they were required to do. They did. And we have a fantastic facility that we need to pay for. And gets us to it with that increase investment. All right. Yeah. And I do just want down point. >> If this doesn't pass, it does actually put us into a position in which general money might have to be used to pay off debt in the future because the equation that was utilizing those been amended what was to fulfill? The debt service on it is get a knot and the manager. That is correct. So if a speaker comes up and is against this project, but for paying down the debt without utilizing. Without utilizing general fund. Then it's really. It's a contradiction of, I guess, goals that if you want to pay down this debt without utilizing. General funds that can be used for raises for our firefighters, for streets, for other stuff. >> That's a goal, which is I think, you this project, if it passes this amendment allows. For that, too, for those funds to be separated so we can still keep our general fund whole also paying down the debt. And what we have heard from staff today over the last hour is that this doesn't pass, then we jeopardize the money that we need in order to pay off the debt of. The baseball statement at district. So I just want to clarify that your purpose up here is make sure that we don't use money, I could be used for firefighters on a baseball stadium. Then. You should be for If not, you know, we can talk about different plan, but that's on the table right now. Councilmember Johnson, we're just going continue with the first. First of 2 forms. >> Thanks, I think Mike Harley Councilmember Fry forget one thing. I think we did get a baseball team as well. They came here for that. So so we get the team came here and then something happened in 2020. That kind of changed. Plans with the pandemic. So I think that is a lot of costs for continuing to revisit as many things were because of the pandemic in 2020. Want to add to >> Yeah, the economy is not So we have to make adjustments as needed. >> A further. Hopes for the first public hearing. If not, we're going to get into the second one. Again, the first public hearing is about Mister Chair. >> Yes, one 0nd. I see you, but I want to remind you that the delay no and stadium project, the next one is about the stadium hotel. >> Vince later neighborhood specially with the joining United, which is the Community Development Coalition was involved in the 2019 plan. We have. We're comprised of neighborhood business owners and clergy trying to make sure that any time something good come to our neighborhood. But those Michael Close view, I don't know my controllers that are Sure that's fine. I also want to thank my brothers on the bench who are observing no shave November to remind our brothers that it's that time of year go get checked for cancer. What some reminders all year long. it is important to watch for men's cancer. So appreciate you guys on that. Do want to say that there are many times here for you. And from air for an amendment. There are times I may appear against today is neither we had a neighborhood association meeting last Tuesday night. There was no consensus on this. Their neighbors who have positives and negatives. So I'm going to try to bring those to you in a concise format so that you're making more informed decisions. Already addressed if the district boundaries will change the amount of revenue going towards paying off stadium and there will be some changes there. That's strong. Concerned about that. distance, a manager also mention that we're in a strong residential market. And everybody's known that since we've recovered or as we recover from the pandemic, prices are up all over the place. There's a textbook example slide you saw before the talked about how we get the money through tax increment financing at public forum that was held a week and a day ago made a misstatement that says that the other taxing jurisdictions would not be negatively affected. That is an incorrect statement. I I'm not an economist, but I probably have the same econ professor is branded. Did. Real estate does have an end to inflation index. It doesn't necessarily differentiate between residential commercial space in the last 6 years that this tip has been going on from 2017 to 2020 average, real estate inflation was 5%. So we started that TIF in 2017 and that means that the other tax. jurisdictions did not get the inflationary increase because we kept we stopped anything that they might be making extra based on inflation, 5% for those 3 years. But then for the last 2 years. For 21. And 22. 20% increase. That's year over year. So a total of 40% did not go to other taxing jurisdictions. So there has been an impact to the school board and those other taxing. treason. They've not realized in a down economy, it would have been different. But since this has been a growing economy, inflation is up. We have taken money from them and I am disappointed in a statement that was made last week. Just doesn't seem right. When someone says don't worry, if you're just looking at the numbers, you're missing the big picture. Isn't the point to look at the numbers. Just struck me as a little off and the time that I have remaining. Citizens are concerned that the 2019 development agreement was from backroom negotiations between the previous mayor at the previous assistant manager and now departed Ballpark development Group. This agreement was developed the same way we need to stop doing these backroom negotiations have an open process. I understand we're past that point now with this project. This really could have gone out for bids. It could have been a much more open process. I do want to thank for the members of this board who took time out of their family schedules to come attend the public presentation that happened last week. I saw you there. I appreciate that. And I understand those you could make it. You've got families, too. So you could make it on the 13th, appreciate that. Speaking of the 13th for the were there notice that we didn't have a whole lot of public attendance. There could have been a couple reasons for that. One of them could have been the fact that was at 4 o'clock in the afternoon, not of people. A lot of people could to take off work for that. It could have been the fact that they may be just weren't interested hearing all the numbers from economic developer, son. That's definitely possible. Or could it be for the fact on October? 26, I just happen to bump into our city manager in the hall. He says we haven't picked a date yet, but we'll make sure that, you know, when that happens. He relied on city staff to make that promise come true. They turned him into a liar. He relied on them to let the public know when this came out. I was not contacted directly like he promised me and Communications department did not issue any public press release and we wonder night why no one was there. So I encourage you to make some changes to the city manager that when we have public forums, let's invite the public. They might show up. Thank you for your time. That was. Exactly 5 minutes. Well >> further input on this particular. Hearing and then afterwards or go to the next one and gets on the council >> Thanks, mayor. Just want to clarify. And talked to Mister Hancock as well. Press release go out to the media. The media does not have to report on the things that we share with them. It's up to them. But it was out there. We always acknowledge that we don't reach everybody where they are. But attempts were made. Communications team So again, it's a media gets a press release and they choose not to run that. That's media thing. And I would encourage people to talk to them about that. But we did let but community knowing that way. >> Thank you, Good morning. Mayor Vice Mayor City Council, mister manager. It was Jeff Floor president. The group still partnership in downtown Wichita, 505 East Douglas Avenue. Appreciate this opportunity this morning to support from these 2 organizations about we do have leadership, president from both organizations this morning to encourage support of this item that you're considering right now, executive leadership from both organizations have the opportunity to sit down with the city manager and assistant city manager to go through the details what's presented today and we appreciate that opportunity to discuss those items in detail. The partnership in downtown which hole appreciate the opportunity to partner with the city to host the form and certainly going forward time that you want to utilize our offices to help with the development of our city. Please be willing to do that. We'd be glad to help us out. This project is a very critical in timely next step in the development or are front and it will separate the 2 projects out. If you look at the residential as we talk about the bio medical campus in our downtown, which will also break ground in 2024, we now have as a result of that project, another demand anywhere between 4,050, 300 residential units that we need over the next 5 years hospital. He's also increase. We'll talk about that in a moment. And the next hearing. But again, in occupancy of the House and we have currently and we've already doubled it already. It's a bit in mid to high 90% occupancy. is a huge demand for it. One of the things I want to note is that we have confidence any PC and delivering a signature architecturally distinctive design project that will further enhance the uniqueness of our riverfront and certainly our city in the recent project to 25 Sycamore. It's a demonstration that reinforces urban design density and walkability that greatly enhances that area. So we again have a product that we can go look at that they will emulate as they continue to develop a riverfront. In doing actual This proposed project we see again, that quality that will be demonstrated in the new construction. Project of this nature are important in helping us hit. The talent demands are growing. Regional industries. Just yesterday we had Lockheed Martin space in town that is going to be conducting business with a local supplier. That again will will be a part of sending people to the moon in space development. So again, as we host companies like that, that look at opportunities in Wichita bait. Look for a city that is investing in itself because that is a direct correlation to talent but to retain it, to attract it into the distinctive and competing in not only in North America, but globally. So again, thank you for the opportunity to come forward express support for this item. Thank you. Thank you, brother. Public discussion on this here. >> Seeing none. Discussion on the current public. Now to make a motion that we stop the public hearing on delay. No and stadium project plan amendments and then enter the public hearing about Stadium hotel project plan. Is there a second that motion second? as the second vice mayor called all members cast their vote. received 78 votes. That motion does pass we are now and our new public hearing, which means everybody gets a fresh 5 minutes so furious. but you want to speak again and talk about the Stadium hotel Welcome back. And if you're here just about the hotel, a stadium then just please make your way towards the front. You'll have full 5 minutes. Mister Hancock, Welcome back. >> Still, Hancock still from I sat on the committee for the 2019 revitalization Plan. actually had a 3rd draft finished in 2018. We ready approve thing in 2018 when assistant city manager came to and hold time out, we've got a baseball development agreement at this and we look at that over the next year and incorporate that in there. One thing I would like to encourage Austin and the rest of team at a PC. Something we hear from neighbors frequently and not just land on a first all over town. Their biggest disappointment in river Vista is their perceived last of access to our river and the visual corridor that was interrupted by buildings to be our river is the close to saying that this town has to be Trump property. It is very important to a lot of the citizens. It's not my river. It's not your or it's everybody's river. I encourage the developers to include as much class as possible on their first floor because that would allow people to see through and see the hotel on the other side and the river and helps with the perception of we can basically make the building invisible. Obviously the rest of structural supports in there. But if they've got a way to pull that off, people not view their development as an eyesore. It will view it as an asset. That's why I've been hearing a lot from neighbors in there. And I do want to circle 2 board members. A comment on communication. One of the most. Poignant observations from the previous mayor. it some point in time for specially says there's no possible way that the citizens, can expect that the mayor Wichita is going to go knock on the door of every constituent and tell them what's going on at City Hall. And to that, I absolutely concur. It's we have to continue to work on citizen engagement to get people involved. So we don't expect to have to go knock on doors to get the word out. and for being a former member of the media partners in this town to rely on our media to be the sole source of information in this particular instance of this public forum. One of 3 television stations chose to put that on their website and their initial posting said that this meeting will be coming up on November. 3rd. Not November 13th. It's a typo. We all do them. But they couldn't even get that right. If we had a public press release not to seek are on the issue just to media. If we had a public press release on the city website, the citizens would have been able to get the information from the proverbial horse's mouth and they would have known about it when it was actually presented on Thursday to the media instead of on the Monday, just 6 hours before the meeting. We can do better. Appreciate your time. Look forward to a new hotel. All right. I mean, >> Jim make sure tweet these out. I think it's a good point. I think we talked about this in my weekly press conference. I'm not sure I want picked it up yeah, we utilize the traditional media weekly press conferences by different for different social media platforms that we use nation out. It's a lot of And yeah, I think the goal is to continue increase as appreciate not the comments about should think about doing better because I think we should, but also just as your possibly even more importantly, the service of people like yourself are actually we engagement groups and then spend your time to come here to let us know what those groups are saying. So I do want to thank for your work, but for challenging us to do a better job as well. We'll go with Jeff and then Thank you come thank you, >> What is quickly? It's just note one of the things that we, as you know, really pay attention to is what is the market telling us with the hotel project we have. We're seeing increased demand as well for hospitality or host hotel rooms in our downtown area. We actually at the end up under and into the pandemic updated market research. And they came back that several 100 rooms were needed as well over the next few years, even taking into account. Projects are under construction right now. So again, project will hit market demand. And if you think about it, it's going to be along in a couple years. And so when you look at how the bio Milby developing that increase in demand again, will be increasing as well. So one of the things we also pay attention where the occupancies in our downtown hotels, we are at Pre-pandemic levels. Again, we're at 70%. Can you talk to Congress when you get to 70%? That's when you start to trigger new development to help additional demand. So again, right in step on the market and what it's telling us and economic development deal to get those opportunities. in talking about the hotel itself, it's a distinctive hotel and we have to be thinking about how is that? We create distinctive amenities for our city. I was reading an article about Oklahoma over the weekend. They are getting more aggressive about aerospace and what they want to do to be able to track that. We have and to go after we're going after. So distinctive city is a really important as we continue develop. Now, the county of of Wichita, but also the region itself. This hotel will help us to do that. Whether you stay at the hotel or not, you can that you can actually be a part of the amenities of the hotel. Austin has talked about that with these species. So the community will have full access to those inmates along the riverfront, which again, is a distinctive aspect of our River front as well. I didn't is earlier about. I think it's important now, if you think about what the investment going exploration place and what's happening with the project we're talking about today. If you think about a Northern acre in a Southern acre, that's what we're developing today with our riverfront. And there's an incredible property that's right in the middle. That's prime for development. These 2 projects are incredible in their design. So they're hitting the vernacular, if you will. What happens knowing? but also what happens in the middle and that will influence our East Bank. So you're you're doing the right planning. You're doing the right visioning. These are the right projects to drive our city forward actually be that city that compete know in North America. But again globally. So thank you, sir. Thank you. Councilmember Fry. Thank Just like to let the audience know that Mister floor, the mayor and I all serve on the visit, which board of directors and year-to-date, according to the Starr report, says, which is research that visit, pace for? >> Which hotel demand is the highest we've seen. Additionally, the average daily Everage daily rate is the highest and therefore hotel revenue is all the highest is also the highest. So getting ahead of this, being able to continue to meet the demand as the convention business comes back. Having that additional facility in the downtown core is only going to be necessary. Just a >> back in those we broke a record last year with economic impact of tourism here in Wichita. A it was over a billion. I don't have my notes. not going to fully sighted. But it was over a billion the sales tax that went into the state coffers, a paid over and correct me if you know the numbers more specifically, it was over 2000 full-time average salary teachers in Kansas were those salary. The equivalent of that was paid just by the tourism of last year alone. That again broke records. So when you put in that type of as we talk to fight my friend, Mister Hancock's point numbers are So saying that, you know, Dover billion is important, but when you but also the context of over more numbers over 2000 full-time teachers, salaries are paid just by which does at the state level money going into their coffers. I think that 7 says that success we've been having and Now we're looking towards the hotel. Continue on with hearing number to of item number. Welcome 5 minutes. >> So I think that's great that you're on the visit, board and you've heard the statistics how nice it would be if those were available somewhere on the economic development website because the star Bond reports difficult to get all the supporting documents for. It's hard to get hotel occupancy rates. So all this would itself to an atmosphere of transparency, which again, I think has been lacking to answer questions. We have about development. So I don't know why economic development doesn't put these kinds of numbers because when we have a star von district, not only must we have visitors, but 25% of the most come from outside 100 miles and another X amount must come from outside the state. We still don't know if we've hit those targets for the ball stadium, but wouldn't it be nice if we could find those on the city's website? I want to clear up one more misconception is going around to you. Talk about misconceptions. It was said that the parking garage, the Epc has yet to build that will bill. We're going to buy for approximately 8 million dollars. And the comment was made that this was not going to come out of taxpayer funds, but that's not really accurate. So I want to clear up that misconception it is going to come out of capital improvement projects funds. So you're going to have to change the budget for next year to show this purchase that parking garage and that comes from taxpayer funds. The capital improvement projects, part of the budget. We fund taxpayers do so please don't say it's not coming from taxpayer funds. It is. Are there any questions about the cip? All right. Thank >> Yeah. So everything we do is taxpayer funded. I think everyone. that's getting a donation. so sorry that was by councilmember Fry. >> Star been reporting is a function of the state of Kansas. Correct? That's correct. So getting access from that. To our site should be a matter getting it from them. Yeah, we can take a stuff and put it on our website. The start of a deal as far as the visit, Wichita data that is competitive data. And that's why it's probably not as widely publicized because of the sensitivity of hotel operations and being competitive with each other. So >> thank you enjoy it. I mean, I I do agree with the previous making it easier for folks access information. I do think that. The state is who does the star bar on paperwork for that for that. If you're looking for a report from the state, you go to the state website but Freeport for the city go to the city website. However, a way of having those links on one because I think that >> people might go to the city website looking for report generated by the stay and we don't want anyone to conclude that we're trying to hide state's work by not reporting on the city's work. What page? But can we talk perhaps afterwards about is there a more user-friendly to to navigate something that's multilayered and government such as star bons temps this at the stuff where they overlap each so that we not only can get the information out but even more. So we don't have people. I think jump to the most negative conclusion possible that we're somehow trying to hide what is publicly available on a different site. So we're going have those conversations later. Pass attempts towards Further input. number 2. number 2. Seeing none. All right. Bring session back. The bench for the discussion is hearing. Good advice. was a thank you, Mayor. I just have a couple of quick comments before we get to the voting position or >> voting. Or sings would happened Nobody's happy with the process so far. But we have faced many obstacles. Most notably COVID and that the blue, the former. The wind surge. I think things got a lot differently if Lou, that's still going around. We knew that there were negotiations with the changes that we had recently. This is the result of those negotiations that we're talking about here. Do you plan on supporting We have budget concerns going out a few years. We're going to have a budget deficit. We do have money to help flow that over the next couple years. But we're looking long term about when the star bar that comes up and we have to start paying that off. Right along. are both and they're going to run out and the additional reserves. So we have some obstacles to face there and ultimately I'm gonna vote for this to help protect my district to help make sure that my district does not have to have to end up paying for and part paying for the ball state. You so. I appreciate that. It's pay as you go. I appreciate the clawbacks that we have institute and he ran to ABC. We will be looking at It looks like you guys are a credible organization here to to take on a project like this We're taking the lessons that we have learned over this process to Harden will will be watching. And I'm all in for you guys to hit every benchmark that you can. So with turned back over to the mayor. >> So my goal is and the public hearing and then go on to discussion about the bill that we're voting councilmember Friday. Want to speak to the public hearing or should we in a public hearing and then go back to you and a public hearing? Okay. So I make a motion to you and the public hearing on the adoption of the Stadium Hotel project plan, which will put us back on the item on the agenda. So that is my motion. Is there a second? >> Second with an apology for jumping the on that one. >> You're good. You're good. A motion's been made and vice mayor highs open members cast their vote. received 78 votes. Aye motion does pass. So the public hearing a second public hearing of the day is now concluded. We are back in the original item to debate the merits item number 2 as present any agenda, a further discussion. The chair recognizes councilmember Fry. Thank you, >> So since 2017, there's been a lot of public meetings, a lot of discussion, a lot of Thaksin have been misinterpreted and a lot of comments made that just been incorrect. A lot of things that we could have done differently. Absolutely. Now I come from a television communication background. And I've always said that the city must do a better job of communicating. Communicate, communicate, communicate. This is a good project. This is a good development partner. We've seen their work locally as well as in the region. And even eventually this will be good for the taxpayers. idea all along was to have a catalyst project. Take care a site that wasn't generating the revenue needed to. And was costing the city in terms of maintenance and this lack of opportunity. Have we had struggles along the way? Absolutely. Vice mayor mention COVID and the death of Lou timer. Certainly those are tragic events which we didn't have to go down that route. But we did. I think we're better for it because now we have 110 million dollar project that's going to generate additional revenue above and beyond. But we never envisioned to begin with. So we'll be able to pay off this that 4 years delayed. Because of those other events. So again, I want to thank the community for holding us accountable. Continuing to ask good questions. I want to think Epc for having the continued faith in Wichita. I think this sends a signal to the rest of the investment community across the nation that Wichita Kan be a good place to do business, but we have to have open minds and open hearts and being able to accept when we fall down and struggle, but learn from those mistakes and eventually make a better project. So for that, I'm also supportive of this. Thank you. Councilmember tell. Thank you and thank you, Troy all your team. I know you put an immense amount of work for us to get to this point. So that is very much appreciated and want echo my my colleagues that also thinking PC. >> And anybody who's willing to invest in Wichita, it's greatly appreciated it. How we're going to continue to grow our economy and meet the needs of our residents and then also expand not only our footprint but within the city, which of but also within the region. And said it at the last meeting. I've said it several times in the community and I'll say it again. We hear consistently we need more housing in our core with all of the great opportunities with the Bio Med center and Michonne the DEO school. We need more residential, especially in the court. This will help fulfill that. We need more public parking because we're going to have a hotel that we weren't anticipating and we're going to have more residential. So we need more public parking. This will help meet that need. We've heard from Jeff, thank you for coming again with the greater which a partnership that we have a need for more hotel rooms downtown. Again, this is going fill that need. It costs more to build hotel residential, then it does office space. So that's why we see this variant. So to go from 77 million dollars to 110 million dollars. And our city's core to me sounds like an amazing opportunity. And again, I can't wait for the ribbon cutting and 30 months. So I will be supportive of this today. Thank you. Councilmember >> I appreciate Epc. Coming forth this project. You know, they we struggle a little bit with our first project Llano getting through. you know that they did an excellent job bizarre and that one and there's the day they fulfilled everything they said they were going I think it's a great project. excited for the much needed housing coming to which all? But I'm not excited about is 11 million dollar incentive. We're going to address before we do the debt service on the stadium and I want fill the original promises we made to. The taxpayers will never we've got to buy in from the city to go the stadium. So excited about the project. The I I cannot go along with 11 million dollars. All right. A further discussion. >> So if there's no further discussion and then I make the motion to accept recommended action to hold him close the public hearing. during an amendment to the delayed onset and project plan that hold and close a public hearing, stuttering the adoption of the Stadium Hotel project Plan Place. The ordinance amending the delay now and stadium project plan on first reading place. The ordinance adopting the Stadium Hotel to project plan on first reading and authorize necessary signatures. And Mike, good get them Yeah. Okay. Is there a second second motion's been seconded by Vice mayor broken arrow members cast their vote. >> But if you're those first 2 sentences that. We ask that every member cast a vote. there go? Versus 68 votes to one nay vote. That motion does pass. And thank you all for the robust discussion. Thank you to staff for everything that you've done throughout >> that this process that just got us the last few years, but especially where we are now. Thank to everyone both for and against you and not only for certain today, but also attend the before about this. So we really appreciate. >> Your involvement and our city as it grows. Madam Clerk item number 3. >> Applicant appeal of HPC 2023, Dash, 1, 1, 7, It's got good morning. Scott. We do from the planning Department. Couple of quick notes on this This is a historic preservation. Cases is not a zoning >> little bit different rules when it comes to a voting. So want to let you know about that. Second, note is that we did issue a revised staff report that submitted just yesterday because of the timing of the appeal. been a very quick process cue for the microphone or use it at little bit better. Get used to be able to adjust >> Option right now. So yeah, okay. Thank you, sir. All right. this item is being heard today because the applicant is appealing for the city council to approve the demolition permit for the keep clean building 800 East 3rd Street. I identify where that is in some upcoming graphics. The applicant has indicated that they intend to expand the Mead substation and that demolition multiple structures in the area are necessary. Here's a graphic showing the general outline of the area, the substation and the larger project. It also includes a property to the north just south of Central Avenue, which is shown on this slide. So here is a graphic showing it yeah, we'll go through. Learn a little show you a little bit more about this. Here is the site plan that was submitted by the applicant. Please note that North is to the right this shows which structures are posed to be demolished we'll cover that in greater detail. So this highlights the structures that are proposed for demolition. This is the one that we're concerned that we're talking about today with this item it's the application for demolition permit to demolish a portion of the keep clean building, which is identified in red. The keep Clean building is again located off of 3rd Street. It is listed on the National Register of Historic Places and also listed on the State Register of Historic Places. Here are some photos of the structure. is the keep clean building. And they're actually a number of structures that are on the same property. And I'm describing as part of the same building. But they have a different dates that they were built different architectural styles. This is existing substation directly to the North. So in terms of the process on October, in October, Evergy submitted for the demolition permit in November, the Witch Historic Preservation Board considered the demolition permit evergy appealed to the city Council for the consideration today. Today in Short City Council has the option to tonight the demolition permit or to approve the demolition permit and some related actions that will cover those and more depth as we go further through this presentation. This is a graphic that was submitted. The site plan. What I would call out for your attention is that the demolitions would include the buildings to the north. You can see here hatched out and outlined in red. What would be preserved is actually significant portion of the building, which is located at the south and East Corner. And also the FA side that extends further to the north. So as recall, those photos I showed earlier, these are the garage door bays that extend further to the North. There are a number of alternatives, at least 2 that were considered as part of the historic review process. One was no demolition. One was developing the substation in another location. I will defer to the applicant to share specific insights about the impacts and tradeoffs with each in. General, though, a trade-off discussed during the historic Preservation Board meeting. Is that without the expansion of the substation Evergy would propose to install larger power poles, some of which would travel through historic districts and other areas of Wichita. So in terms of council action is recommending city council make a determination regarding demolition. The historic keep clean building. A number of options have been identified in the staff report. One you can deny the demolition permit and this would require 4, 7, votes. Just simple majority because it's not a zoning case. The second one would approve the demolition permit in order for this action. The city council would would determine that there's no feasible or prudent alternative to the proposal would approve the demolition permit with its recommended with the following conditions that the demolition should occur in accordance with the site plan submitted by the applicant that ensures that the the site is preserved as has been indicated. And then the 3rd part of that, is it authorize the mayor to sign a letter to the Kansas State Historic Preservation officer which is required per state statute in order for the demolition to proceed. A 3rd option is not been presented so far but is to send it back to the If you want them to consider additional. Items. So again, here is outline. A part of the project area. Again, just a quick note on This is a historic preservation appeal by the applicant is not a zoning item. It is recommending city Council except a comment from the applicant and from the public on this item. So that all stand for any questions. Questions for staff. Seeing none. because this is a zoning item? >> Do we open the public with this? Because it's not a zoning getting thank So opens up for public comment on this particular item. >> Make sure that the time for the applicant to talk or not, wasn't quite sure Yeah. Thank you for being from. Thank you guys. I appreciate them. You guys listen to us. This morning. Ish. It's still just with Evergy 18 so it can 70 Topeka, Kansas and I do have a power point. I think I can click through So we're here today to talk about the meat I can figure to make this work. So as a utility we have about 1.6 million customers that we have the obligation to serve. And with that obligation, we have to provide reliable sustainable and affordable power. Through that process. So just to get the basics that electricity will go from the power generating station to a substation, which is what we're talking about today. The substation and and sends it down to a transmission lines to the bigger power poles that go then tradition, distribution line. That feed the homes. You'll have smaller lines to come in directly to the homes we're talking about today is mainly the our Meat substation. Every project that Evergy does goes through a very robust process. I mean, we've been talking about the meat substation, probably 3 or 4 years in Charlie. And then we started the extra conversations as well. We try to get input as well. Get the best compromise. We can't make everybody happy, but we try to try our best to people happy. The project that we're working on now and concerns of Midtown downtown Riverside areas. It's a it's a rebuilding project to the area and the meat substation is one of substations within area we are proposing to rebuild the existing meet substation. The current substations about 70 years old. So it's nearing the end of its its lifecycle. It needs to be rebuilt. And with that re bill, plan to expand it as well. It require us take part of the keep clean building and then some of the properties to the north. The Phillips 66 building will not be touched. It was shown in the demo plan part of being taken off. We have since changed that. We're not touching the Phillips building. That was approved by historic. So we're requesting anything on that one today. The area surrounding this mainly The subject would have access off of me Avenue and 2 from Rock news. Well. The site was selected due to the proximity to our existing transmission lines. Those blue lines going in there are existing 69 KV transmission lines that come into the substation. We also look you know, impacts on surrounding businesses or residences, but it's being mostly commercializes, not residences, per se. But when you look for a flood plains, wetlands wetlands would be a concern. Aside the part tree coverage and then road access and the site sets very well. One of the things we also look at look for or require is a willing property owner. So we had a willing property owner or a couple in this case. So made that site ideal. These are photos of the building. The bottom line is that keep Queen building the facade with the garages is what we plan to keep. That will look the same when we're done. We'll use that to tie into our fence line. The other buildings are the buildings that we are planning to as well as part keeping building as well. So was the substation the noose modern substations need to meet the growing community and regional needs for a libel electricity and to replace aging infrastructure. Like I mentioned, the substations about 70 years old. Strengthen that regional power grid. So growing demand for energy and changes to the electric grid require investments. And an expansion of our transmission lines or substations. And then we prepare development in the area. The investments that we do today, lay the foundation for our us to provide a reliable affordable sustainable and safe energy for our customers. For now. And for the long term. We will also be able to consolidate infrastructure with this project. So expanding the meat substation will allow us to consolidate it. We will be able to removing existing overhead transmission line through the historic Midtown neighborhood. And there's a substation at Pine Street in Santa Fe that can be removed this project as well. The equipment at me, like I mentioned, has near the end of its service life and he's replaced the substation now will sure that we can safely maintained as well. It's kind of crammed in there. For downtown which to continue to grow and and allow for the that economic development opportunities need to add new transformer to the substation as well, which would require the extra space. This upgrade will reduce the risk of voltage unreliability issues that would impact service to the area and the expansion will add redundancy and resiliency resiliency eliminate a single point of failure that we're currently living operating under. This is the actual site plan. We like I mentioned on the Phillips building to the north that show that's taking out part of that to are leaving it and then it does show the buildings on the meat substation that we're planning to demolish. And it's kind of hard to see. But on on Eastside where that the site is, that's where we're going tied into the wall that would continue around the substation. shows the property where we would demolish the buildings just outlined in Blue. Now the keep clean building. This is most part of the L shape of the building. This is what would remain. The exterior facade remain the same. We propose keep the main building exterior facade. Will be capped. Think Rajon Cherry would be removed, though. This will act as a wall. on the outside act as a wall to obstruct the view the substation while keeping the historical relevance of the building attacked. So the parts of the facility shown in red and orange on this map, we're additions constructed after the main building that was shown in blue and have been used for storage areas. The concrete block addition in Green was primarily used as a boiler and for storage. The interior next year's do not pose just of those parts. Do not pose distinct features. Per the Natural National Registry listing in 2007, they say that the concrete block conditions, which are the additions that are show in red and green. Well outside the scope of the current rehabilitation project. And they say that this space has very few architectural details and the concrete are exposed on the interior. This just pictures of the area. So the Green has the 2 pictures, the top show the additional storage. Those buildings will be removed and the picture, the bottom of the blue is inside the northeast grudge, which that is the facade has the garage door. So the garage doors remain. But the interior of that shop area would be taking out. You can see the center blocks on the inside of it. And it's it's just an open, garage right now. The keep clean ensure use post-construction. So the primary building remain intact. There will be minimal to the interior. The saw tooth Porsche proportion. That will need to support evergy substation equipment. The existing offers office space, including charging floors and the safe will not be removed. The plaster in the molding will stay as well. Initially we came to the store excited we planning on taking part of this. All to throw off. So through discussions with with realized how important roof was. So we have changed our plans and that's why purchased additional properties to the north to be able to where we can build a substation in key part of that saw tooth rough. So we're trying to keep as much as possible. We're at or limit me can't keep any more of the building in order for project to work. This is a Phillips 66 building showing that be impacted by construction. And then this is the constant consultation with historic Preservation Board. We've had extensive conversations with them. I think they were sick of seeing my face towards the end of it. A conditional use permit was approved for the substation October and then the fight. But the condition was a final site. Plan had to be reviewed, reviewed by historic Preservation Board. And then the site plan presented to the store board on November. 13th. With the support of property owner. Sure each at that meeting approval was granted for the Phil Phillips. 66 property. But we are denied approval for the key plan property. So that's why we're here today, too, to ask for approval of the demolition permit that we were denied from the historic preservation work. The parking So this is part of the areas that we looked at as well. The parking lot to the east where it was investigating. We looked at it a determined it to not be a viable option. We would still need to and or access the underground 12 KV network that's under the West side of mean some of end of the road on the west side of need. We also have underground utilities under island that cannot be removed have work around them. The vacant parking lot to the north also not wide enough. And whining is not an option because it additional right of way. And then the parking area on a parking lot is a require law for several the businesses downtown. part was that lot was for sale. But to purchase a parking lot. We had to buy the businesses as well. So average is not really in the real estate business. We try to be in the substation in the electricity the parking lot of the vacant lot. Because that city right away, of 14 way because it's too, is too small. Without the meat expansion. is the next step. If we don't expand meet, our only other option would be to utilize existing. 69 KB passed through the historic Midtown neighborhood along Emporia Avenue just north of 11th Street. We would need to install turning structures and you can see examples of that. The bottom. On the corner of 11th and Emporia and the core 11th in Topeka through the downtown, we would use taller wooden structures to rebuild through the neighborhood. Education clearing would be for the safe construction and operation of the rebuilt line. We would attempt to minimize the foundation diameter. And we would get public input on the preference of galvanize or whether it's still turning structures that would be at corners of 11th of an important 11 to pick up. An expansion of the meat substation would allow us to remove the transmission lines in the historic Midtown neighborhood along Emporia Avenue just north of 11th Street. And the existing wood poles that are there would be shortened to remove the transmission lines. The top David distribution lines would remain, but we would not have to go through and rebuild the transmission lines in that area. And the green map shows the transmission lines that could be removed with this project. There's also a substation we didn't call out. That's the substation had mentioned earlier. at the corner of I'm in Santa Fe. And then the substation construction. It would be surrounded like I'd mention by a 9 foot precast concrete wall, which woods around the entire site wall tying into the existing, keep clean building. It will feature security lighting that can be turned on on and off as needed. And then there would be some strands mission polls inside the substation to tie into the equipment. But 2025 would do construction prep work. 25 to 26 will be the substation can construction. And then 27 construction would be complete. The questions. Seeing none. >> Looks like member thank you. Appreciate the presentation, Jessica. And this may wishful thinking, >> there be enough project savings that as a condition, approval evergy would bury the lines overhead at the keeper of the Plains. It's wishful thinking. a moment levity. Councilmember Johnson. >> Thanks, Mayor. Appreciate the presentation as Question. I was going to ask you actually answered in the presentation and I was if you don't do this, you have to run those lines to the neighbor. Correct? I just appreciate the fact that you all are willing to look at alternative routes and solutions. I know several in district wanted that initially. And then, you know, we we have our own challenges with a new choice that we have. But it's a choice that I've told people historically have a choice. And so I appreciate you. All's willingness to sit down not only with the like this but community and try to come up with some solution meets in the middle somewhere. Thank you. definitely appreciate that. because of that, how the supportive of know that this is a historical facility, but tomorrow word would rather some demolition of a building These large polls and folks front yards so probably support of today. >> Council member Valerie. >> Thank you, mayor. And thank you, Councilmember Johnson for your comments. I know that you forget alongside Evergy your district. So. Just appreciate your support on this. I'm Jessica, thank you so much for the presentation. You did a great job answering a lot of the questions that have been many concerns for my constituents. April 18th of 2022, I called her community meeting with Midtown Riverside we too many people shop in a small building. and great community engagement. And at that time we if you guys could look at alternative options why wasn't super hopeful? I'm really glad that you guys were able to consider expanding the substation to eliminate a little bit at beautiful structures that you put on the corners different historical purse at the neighborhood. So I really appreciate your willingness to do that. appreciate you addressing that vacant lot to the east. Many people think that that would be a good possibilities. I appreciate you addressing that. Also, even with historic Preservation Board, made comments about what you keep at the portion I 800 treat that we're talking about. So you would not be removing the floor you could not be removing this safe and you would basically keep as my he would keep all of that intact, and I just want to be a personal comment that nobody loves old historic buildings, especially downtown more than I And I really Mister Belfort and the other owners and they believe being willing, they've invested a lot of time and energy and effort. >> Into restoring this building. And I just appreciate their willingness to have a conversation. >> About it also, I appreciate dressing the timeline. That was another question about if this passes, what would that look like my last comment is I appreciate. >> You guys pushing for >> solid wall around building. And that was a concern from the start. Preservation Board did not want so great. >> And a lot of the others have stations around the city. You guys have solid all. And so I appreciate you guys willing at that and tied into the building. thank Thank you. >> All right. see no further questions. So thank Thank you. >> further. Public input on seeing We will bring discussion back to the bench for the discussion as Ida. Seeing none. The chair recognizes councilmember Ballard resides in District 6. >> I'd like to take recommended action. Make a determination regarding demolition of I'm sorry. Hold on. Are we able to that? Mister Beaufort speak, if you'd like. >> Public hearing is. Is there someone who wanted to speak during the public? Portion >> Yeah, I'm sorry. He's the owner of Keep cleaning building and I just think he would like to speak. I'd like to give an opportunity. >> go back to public input. Public comment. All right. like to speak during public comment. >> Thank you, John Belford Five-fifty route one Wichita native of Wichita. My entire life. Thank you for that. exception to the rule to say what I want to I own the building with our partners. We brought the parcel originally and it a dilapidated property to call it to. A dilapidated thought it was a better compliment. Anyway, we resurrected the building. We have a great affection for the building. Probably more so than most people would understand. I would hate more than a to see that the original part of the building destroyed. We were by Evergy about a year ago. And were given option or they wanted take an option. And we done that. We've done to 6 months options waiting for them to do the due diligence. And one thing they've always very good about. They're due cooperating with us. And keeping us informed now, the issue has come up demolition of portions of the building. if you've not been there, it's a little hard just describe pictures, but basically the shell of the building, which is that we call a historical building was built 1927, the appendage to the north, which was longer expansion was done 1930, everything to the west of that property. We don't know what the dates are but totally dissimilar in architecture to the main building. We think that the average is about her backward to that made concessions. So that they can preserve that building would like that better nothing. One it's important us I need to share with you not a business for almost 50 years with multiple. think we occupy the building. Cable com has been service for about 35 years they also occupied the When we redid the property in 2006, 2005 that are. at about 25 employees. I know we have almost 50 employees. So our dilemma with is we need more room and option. If exercise with evergy all 4 of opportunity to build a larger facility property across the street just north of So we'll build another building. So. Anyway, that's my $0.2 worth. Any questions for anybody? >> You might have want to buy. on board. >> Thank you, mayor had this one's not so much your Just part of the question to my mind. So this would be for staff. Evergy with one in the future, too. Demolish rest of the building with the have to go through the same process, go through the National Historic Preservation Board and a public hearing. >> We've got one person nodding. Yes, but look for not from Scott. Are legal or bought about an Artificial made. I think >> Thank you. Yeah, Scott, welcome back. Yes, sir. So at this the answer is a. Not exactly certain, but I believe with the demolitions it it could cause is to no longer be listed simply because of the you would taking away a portion of the building that is listed. but it would be something that we would have to look into. >> Would that be something that we could add a a? Protection or something like that? On to the motion today? >> a I think that's outside the scope of this hearing. >> But they can only what is in site plan, correct? That's what we're talking about, that that is correct. So this with this demolition permit. >> If you approve it, subject to the site plan, then demolition permit today would would be limited to what they have shown to be demolished on the site plan. >> And they have to come back That would be future permanent, that it's all right. Reason to Thank you. >> Any more public input on item number 3? I think okay, you're Councilmember ballot. >> Okay. Thank you, Mayor. I'm sorry about But I just felt like his comments would good. I'd like to take the recommended action to make a determination regarding the demolition of historic keep cleaning building 800 East 3rd Street. I move the council approved demolition permit for this action. The city council would determine there is no feasible and prudent alternative to the proposal approved the demolition permit for the following conditions. The demolition occur in accordance with the site plan submitted by the applicant and authorize the mayor to sign the attached draft letter to the Kansas State Historic Preservation Officer. >> Is there a second second seconded by Vice Mayor Jaisol clerk open members cast a vote. Every 7, 8, votes that motion does pass. Thank you all for attending. Given going. Madam Clerk. >> Ordinance creating chapter 20.12 of the code of the city which top pertaining to retaliatory evictions. >> All right. Welcome. Hi, everybody. Good new housing ordinance amendments were talking about retaliatory evictions. It's roughly similar to what we went through in the workshop before. But so this will seem somewhat similar, but a bit more information as we kind of develop things. And here to answer any questions that you all might have to. So this ordinance developments been based on reports of retaliation by housing providers. We say housing providers are thinking more landlords will kind of use that language back and forth throughout this presentation in residential rental market in Wichita. These reports of included accusations of eviction, maybe increase services. And we tie that to Like housing code complaints. That's the idea behind retaliation there. The tenant tries to exercise their rights in some way. Maybe the landlord, 3 acts in a way that we would deem retaliation is to find in this code potential code amendment. We also have a potential some reports of housing code inspections that record results in occasional observations of substandard housing conditions which are directly related to adverse health outcomes for residents, their ports to vary by council district. As we talked about some of the workshop last time. And there have been supplemental recent local news coverage on the issue as well since August 2022. City staff have been meeting community stakeholders to garner input and recommendations. The issue of how to deal with issues between landlord and tenants have been raised that neighborhood meetings throughout past year. Different district advisory board meetings, one consistent recommendation and what we wanted to bring for you all for consideration here is a potential retaliatory eviction ordinance. This is based on and modeled on a city of Topeka ordinance covering similar territory. We've made a few changes to hopefully keep it a little bit more in line with state law to avoid potential conflicts here. State law generally governs the relationship and residential landlord tenant relation it governs the landlord tenant relationship and it has a specific provision related to retaliatory eviction sets KSA 58, 2, 5, 7, 2, landlords not under state law allowed to retaliate with increased rent or diminish services after a habitability something about a code violation, maybe not keeping up to the terms of the lease related to living in the residence. So if there's a happened, ability complaint and some kind of retaliation or if a tenant is trying to organize as part of a tenants union. The state law prohibits retaliation by the landlord but only in a couple limited areas. It's a defense to an eviction action. And potential actual damages for the tenant so they would have to sue the landlord, bring a claim, establish damages might have occurred because of the retaliation and then maybe get some money after that. Landlords may still also bring in eviction action under state law. If they have a legitimate basis for doing so unpaid rent, some other material breach of the lease, the end of the lease. Something like that meeting to comply with housing code themselves. But there are no other protections for tenants or penalties for landlords under state law. Currently that proposed ordinance would work with state law by instituting fines for a conviction in municipal court based on retaliatory eviction, employ similar definitions to state law governing landlord, tenant relationships. And we did this to avoid a potential conflict with state law and try to supplement work in harmony a little bit more. The one exception that I will note is the proposed ordinance, the definition of 10 and or lease all of that applies to manufactured or mobile homes as well. State was a little weird in that respect for residential landlord. Tenant isn't just one part of it. Manufactured homes in another. They're they're pretty similar. And in this case have similar language. It's state law, but it's easier for our purposes. It just all keep it in. One proposed ordinance. It clearly identifies in the proposed ordinances actions that are not retaliatory by the landlord is well, again, a critical thing that we need to do to stay consistent with state law. So if you're seeking possession is a landlord for unpaid rent, lease violations, Code compliance, lease termination. Those are still powers that are available to the landlord and cannot be fined or any kind of retaliation under this ordinance or state law. Now, the proposed ordinance institutes and administrative process. And another big thing that distinguishes us from the Topeka model that was passed in July up there. But we tried to model and administrative process off of the non-discrimination ordinance said there's not just necessarily a flood of claims, but also that we set up a process that allows tenants to bring claims so trying to meet in the middle of that balance is what staff is able to do and being available to residents. Both landlords and tenants. So this may seeing pretty familiar to you based on the non-discrimination ordinance claims must be submitted with a high within 180 days of the last unlawful retaliation claim There might be continuing sorts of acts that can be wrapped into that. But that's more of a jurisdictional issue. We use that 180 day cut off just like that. The non-discrimination ordinance, the city would prepare forms like we did with the non-discrimination ordinance to have an affidavit and complaint by the tenant to keep it focused on the information that we would need for an investigation. There's the possibility of city paper, mediation. Just this there is. And the non-discrimination ordinance, though, I have my experience with that ordinance that hasn't come up too often. But we provide that option to hopefully settle things instead of a trial or something before the municipal court landlords afforded opportunities to submit an answer and evidence. All that's reviewed by the law department. And there's a determination of whether probable cause exists for the retaliatory eviction claim. The case is closed. If there is no probable cause, if there it's referred for potential settled then to the municipal court judges which reviews this as administrative judge making that determination subject to appeal at the district court. So like most of our municipal court processes that would set up a conviction that then also has an appeal route through the state courts as well. And this is kind of the big piece here at the end. And I do want to note that there's a difference here. Discrepancy between the ordinance that's posted on the agenda and the fines that are listed there. That's the original number that we had. The staff report lists, fines starting at $250 for the first offense. And that's what we're proposing here today. And we would clean that up on second reading, depending, of course, on how the council wants to approach this proposed ordinance and to be clear than what we're proposing today finds not less than $250 or more than 1000 for first conviction. And then it keeps going up at both of those levels. $250, all the way up to the 4th or subsequent conviction, $1000 to 2 $2500. Another thing in here, too, like the non-discrimination ordinance that allows the party that prevails to see costs and attorney's fees. So it doesn't necessarily put someone in a position where they have to hire an attorney and sink all of those costs for totally frivolous sort of claim or one that they didn't shouldn't to defend in the first place. We've looked at some of the financial considerations for this. It's kind of hard to figure out on a sleep but will likely it likely be Lynn, a limited or minimal will need a contract for certain investigative remediation services. But we've done similar things for the non-discrimination ordinance. So we're familiar with it. Mediation costs might be $750 a complaint. But that, again, we'll have to get to mediation. A lot of plaintiffs are tenants may not take that option. Investigative costs cannot really be predicted. We've done a lot of investigation with the non-discrimination ordinance just through the fog apartment through our sort of access and contacting the parties and everything like that. So it's really hard to predict, but probably not that much. And then there's always the civil penalties that would come on in from those cases, the potentially offset any cost we drafted Sword ordinance amendments in the law department tried again, make it clean as possible with state law will still presenting the issue for consideration. Our recommendation City Council place the ordinance amendments on the first reading and authorize all necessary signatures with the cabbie out of the fine discrepancy that would be cleaned up on a second reading of past here today. And that's all I've got ready for any questions or anything that might up and public comment thank her. I am. >> Questions for staff Council member appreciate the presentation. so it's been a long time since I've been a renter. I've been blessed own my own home. And I'm not a landlord. Unlike some of my colleagues up here. So this is new territory for But you mentioned has been to some Depp's, but not all. Is that correct? That is correct. dads has it been to. But what has not been to mind? Yeah, and I'm. >> I'm not sure which. 1, 3, 3, because we have renters. And landlords all the crest all across town. I would hope that would be able to get to all the before we do a vote on Just in the interest of transparency and being able to make sure everyone's had an opportunity here that unlike the ordinance that we passed earlier on after hours establishments. It's not going affect nearly as many people as something like this would be. So thank you for clarifying. only been 2 Right as >> Thank you, Mayor. made I appreciate the presentation as well. And all the hard work you put on Could you describe the position of investigator who would come along at the end? We're near the end of this process. >> investigation probably is not. Not really just at the end of the process. There's a couple different potential levels of investigation. The law department will do an initial investigation to review whether the complaint that was submitted actually graces of retaliatory eviction claim. There's a couple other components that would apply more for the non-discrimination ordinance. But we look at things like potential constitutional issues, things that sometimes come up in these cases. Weirdly to determine whether an actual claim exists after that put, there might be sort of different investigative services that would be provided. It really depends on us. Lee on the information that's provided by the landlord and the tenant with the non-discrimination ordinances. All just speak from my experience we've not really had to work with an investigator necessarily on any of those cases because the information has been available from the parties biggest issue might be if there was a complaint against the city housing provider, we have a set up for the investigation would occur. More threat outside party after the probable cause determination. But again, it's that's really hard to speculate And we haven't had to do a lot necessarily under the non-discrimination ordinance yet. And a lot of these things could be hopefully addressed just by an initial legal review. Again, determining whether probable cause exists and then allowing an administrative judge to review the claimant, making education a rather than the law department through the city. >> Was it decides the standard of proof or habitation concerns such as if the tenants is causing the who would make that judgment? >> This ordinance does not make that judgment. It would follow just state law for that kind of consideration. And again, I I hate to not answer directly, but in eviction cases within these landlord, tenant relationships, it it really varies depending the situation. So, yeah, it's just going to be kind of difficult to say. Universally. >> So really most likely they are our legal department who make that judgment? >> Well, OK, and my apologies. So the standard that exists the ordinances just to get a bit more it's a preponderance of evidence standard. So we'd be looking at whether it's more likely than not that a claim has probable cause. And that's what the municipal court judge would ultimately do, too. But habitability is just it's a very fact base question. So the least sometimes will spell out who is responsible for this or that issue. And in general, the way that it falls is stuff that's within the tenants control is a bit more. The tenants responsibility and stuff that's within the landlords control is more the landlord's responsibility. That's not a Super easy distinction to draw, but things like structural issues or things that a landlord would not want a tenant messing with HVAC systems. Pipes, surf with inside the walls. Those usually fall more toward the landlord side of the responsibility and things again, that the tenant brings an are things that the tenant does are more their responsibility and all say to my experience with these cases is that is often times a big fight of use fault. The habitability issue actually is. And that will become a bit more fact base to determine whether they're happened. Ability concern. don't think that would necessarily come up too much for the Law Department's review of this ordinance because we're not making really a deft determination on happened ability just whether the retaliation or the action by the landlord was based on the claim that there was a habitability issue, complaint to the housing inspector, something like >> when it talks we would constitute an unlawful part of person's right to exercise of religion. Page 5 of the Could you just describe that a little bit? Talk a little bit about that with line that's actually component for more than non discrimination ordinance that I kept in here. I. >> As trying to think of situations basically where constitutional issues do sometimes come up. >> In these landlord tenant cases and I just wanted to provide us at least an avenue to consider those as the law department as part of our initial investigation, rather than just totally forfeiting it just because I couldn't think of a hypothetical basically and considering, you know, accounting. It's a contract. There's property rights involved. just seems likely that things like constitutional rights could come into play. So I just wanted to provide U.S. room for considering instead of ignoring the possibility. Basically. >> On Page talk about but the law department does find probable cause exist. They also talk about. finding but the part of refuses to participate conciliation and settlement. What does that settlement peace look like? >> That will depend on the party's. So there's a mediation option. If the parties want to go through. But we've come more informal dispute resolutions. They would just settle it without the prospect of eventually going to municipal court. This would just be maybe we can settle on, you know, plea deals before you go to trial. Something like that, maybe leaving room then for settlement. But we put like time to time, time time in here so that we can just we're trying to settle, trying to settle, not bring the case before the municipal court. Judge. So the settlement could be. It really. I mean, it really depends on what situation the tenant is and maybe it would be repairing certain situation repairing some issues on the property allowing more time to move out because they're working on just doing instead of having to go through the eviction process from the landlord side, maybe more like a fix. This thing up and this wasn't a retaliation claim necessarily, but now we can fix this and continue with our relationship is landlord and tenant. So I mean, it really depends what the facts would be. But we've just trying to leave as much room for the parties to settle their dispute without having to go through. Municipal Now. >> It would be likely that if this is 60 days or among the link, the time is afterwards that the tenant would already be. So I don't know that they would necessarily be concerned that the property would be fixed because it won't apply to them anymore. So >> that's possible. And it is titled a retaliatory eviction ordinance to be sure. But it does also apply its retaliation in the sense of increased rants, diminished surfaces, things like that as well. a lot of times, yes, the timeline does not work out with the eviction process to be a term of settlement necessarily. But retaliation is not just evictions again. Kind of despite the title. It includes the idea of increasing rent for a bad faith. Reason a diminishing services, utility options, things like that, which maybe could be resolved through settlement as well. >> Okay, last question is kind of the just a structural on here. I guess he talked about the ordinance does not match. I'm currently with the penalties. You talked about the 25 or 2, 2.50, as a starting the ordinance. Also the first 3 convictions listed here on that. The official ordinance is $1000. $1000, $1000 Raz on the Green. She. The talks about. $1000 and and >> that's waiting there as well. 1500. And so this will be cleaned Yes, exactly southward. Yeah. And what we're proposing is the one on the slide here as well as in the green sheet. >> So to 51,000 for first 51500 for second, an escalating up to 1,2500 for 4th and subsequent. Yes, okay. I just want to make sure that part know for sure. appreciate Thank you. Thank you. >> Council member of about. I'm kinda want to echo Councilmember Fry's comments as well as I've been asking for more information about this and >> it hasn't came to my dad happened. I've been trying to keep track work. It's that actually asked city manager Tuesday where we're at on a Sunday say that he thought were ways away from bringing forward, kind of surprised to get it. But I'm trying to learn more about You you mention the non-discrimination ordinance a couple times process that we call it's it's not a trial. It's kind of like it's it's it's not criminal. But it's it's kind of not civil of what a lot of times we'll call it causing it to ticket evoke a really it's an administrative process and that's the term I was taken to. >> have cases have we with that does discriminate shortness that process. >> I don't believe we've has because, thank Councilmember. We have not had any cases in the nondiscrimination ordinance yet reached that in the Strait of hearing process. Okay. >> Are we exercising that administrative process for anything else? I'm just trying get a gauge on how the processes no, I don't believe that it's anywhere else in our It's just that yet from non-discrimination >> And another reason want to learn more about it. I'm wondering, are we looking at both sides of this because I've had a handful landlords reach out to me whenever they do serve an eviction, actually, the house of bread across from from my house probably $10,000 worth of damage that basically what the ball bats and tore the sheet rock are kind of looking at at both sides of it. Are we just looking at the tenant based and, you know, at? >> I tried my best get yeah. Get both sides consideration. And I think the really important piece there is trying to mirror state law on the powers that the landlord pertains regardless of the situation. If there's damage to the property that's caused by the tenant, that's material violation of the lease. That's a basis for eviction, regardless of any housing complaints that have been made, if there's a non, if there's not unpaid like there's a nonpayment of rent issue, that is a basis for eviction. Kind of regardless of what else is going As long as there's a good faith basis for that. And the tenant hasn't paid. And even if our housing department, Tulsa, neighborhood inspectors say you've got to move somebody out because of code violations. That's not retaliation. That's just something that you have to do. So we're trying to really just near the authority that's protected under state law so that landlords are not. And then any differently. But just that there's a little bit. There's some fines added to the behavior. >> And you said you meetings with Bush. Also Citian realtors back in 2022, you had recent discussions with summer. >> And my paws on to turn to maybe folks who have had compensation. want to make up. >> Point of clarification, Sartori Anderson, just to manage it. So in the staff report. Conversations around. I'm community stakeholder engagement. Casey Regional Housing Alliance unincorporated This ordinance hasn't gone to. The dabs percent as organizations. The issues around retaliatory and substandard housing conditions and other unsavory. Those conversations have been had at various tabs and with these organizations, draft ordinance is simply a byproduct of the workshop that we all had with you a couple months ago, right, you wanted to see a draft retaliatory eviction ordinance. That's what we brought back to you. So we have not brought the retaliatory a draft ordinance to any of the dabs or to any of these groups. Context of that is that these conversations around? Retaliatory evictions substandard housing those conversations have have been had with all of these groups and that the dabs at least 2 in particular. But no, draft ordinance has not gone in front of the story. I just want to make sure that communique was our plan for that to 2 more public outreach to we'll a The question, thanks. Councilmember Johnson. >> Thanks, Mayor. Thank you, Troy. I was actually about to say that. To clarify. I did have a few. one municipal court is traditionally not really a quarter record like there's no transcript. Is that right? That is correct. So is there any way to this process? The process of records so that if a tentative successful, they do have some record of that and what transpired to take to another court if they choose to or for their own records. And I'm glad that was the follow-ups. I didn't answer the question completely wrong. It's not traditionally a quarter record, but we have means to do that. Now. >> Especially after COVID and some different hearings are Dangerous talk hearings, things like that that occur in municipal court so we can make that a change to make it recorded. >> may jump There is a provision for this hearing to be record quite poor awesome. >> Answer the are finds questions. Are there any actions we can take in the future to give tenants more support in eviction court? Kind of kind of us like a county thing. Is there a way we could? Either work on that or that something we need to talk to county partners on and see if there's something come up with? >> generally, it's been our recommendation from the law department that it's difficult to navigate state law, governing those things without working with the county courts basically so unless we make some changes throughout the district court wants to do things. The municipal court doesn't handle evictions or any other landlord. Tenant issue unless this ordinance is established. So. Where it work not to predict what the ideas would be. And we're happy to look at anything. But just the conflicts with the state lawmaker, the tent with the state law, governing landlord, tenant relationships makes it difficult to kind of find room on our less. >> I would like as we move forward, try to work with the county on that because it's always a person with the least amount of resources that kind of gets got to show up on Tuesday. And if you can't make it, you're addicted. And I think folks need a little more help with Last 2, things really are pretty simple. Booklet that was given to us. This Lord tenant. On checklist at the back. So we have the question. Did you take photos of the unit before moving in? That way? They have a visual record of what that space looks like. Just in case T property manager Lamb or tries to say that some hole in the wall, something that they did. But it was already there. >> Yeah, thanks for bringing that Councilman. So before the meeting put a the draft, a landlord tenant handbook. In front of you right? has nothing to do with the item that's being considered today. Right? If I go back the workshop that we have with you all that we talked about some of the things we wanted to do was kind of kind of a media market advertising campaign to get get out to the community. What the rights and responsibilities landlords and tenants are. This is just our first draft of that. And so we would love to get your feedback on that. But absolutely. Please let us know what your thoughts are. We'll try to incorporate that stuff. But again, that was separate and distinct from this retaliatory eviction ordinance. I like book looks And then also on the complaint I know we usually have those available online. Could we also ensure ship this pasta? >> We have paper copies that neighbor Resource Center's. That's not everyone has access to They can walk into those spaces. course. And then lastly, just a definitely at the district. breakfast discussion and I've had several tenants come up to me actually, 2 months ago, one in tears regarding landlord many internally about. Was the victim because they want to AC fixed and days of summer. And unfortunately were evicted because they complain too much and they didn't get their EC fixed. lots of stories like that from residents. And this is something that many wanted to see along with what was presented at the workshop as well. So one step toward addressing a lot of what we've heard. And then those of on the bench who have been invited out to some of these spaces to see firsthand some folks living conditions. Many of those folks have since been evicted since talking with some of my fellow colleagues. So this is really important. And I appreciate all the work the staff has done put into this. Get the comment. Further questions for staff. Thank you. We can help up to public comment. Is that people who would like to speak to this? >> They are. Talk Mayor Councilman, name is Marty Fleming. And I'm a tenant and maybe after today I may be evicted. So I'm trying to understand a little bit about what dabs this one question. I have. What does that mean? Depp's? By other is to talk about? My question is about the regulatory were here about. Retaliation for evictions is the main concern and has a 10. It I have witnessed people who when and and pay their rent and get evicted on top of that anyway. Just recently and paper I also have concerns about. landlords have a right where tenants don't have rights. I'm one of those 10 2. Live somewhere where the landlord. When we first moved in wonderful. They changed during the 2 and a half years that I have Because they felt a decent things around the House or buildings other tenants have destroyed property that's created to Asians. To the point where, you know, they raise are rant. You know, if your $30 plus higher and higher and then just different little things. I'm trying to understand a little bit. Where a team that can go to make complaints about landlord to get something I hear you saying municipal court, you know, is that we're a to go. Neighbor who end up getting. Parasites. So that. She frantically just what she got a three-day notice because she didn't pay or it. She ran instead. Wait until evicted. Her to get out there. And then now she got out, got needed treatment she needed and she is better. But now she's living somewhere in substantial living arrangements because cheapest thing she could get into. So we're at a dilemma to what to do. I'm in a dilemma. Have going into Milan or because I over yet and saying she's like you want is money. And I said, well, I want my basement fixed it's leaking rain for 2, 2 years. I have rodents were like animals and pat. It's I think employees an. They're getting sick. I have a I spring the rodents in my bed when they find and I'm fighting this off. Many of them. But yet you're not willing to make sure that we need taking care of check. You expect us to keep paying. You are rant. For living in substandard living. So I'm just kind of wanting to know about. When I get. Kicked out because I told her I was coming today. But I And rent that part of the site. Why do I want to pay you Brandt? Well, I have to live in conditions. I'm going to therapy about. I'm trying to struggle through this. So that's all I just curious. Hunt, what's the procedure? What to do? And with retaliatory evictions, you got good picture at municipal court when they bring you want and then fight there. There's no other. Places where we can go contacts, attorneys, people that we can fight our situation. living in substandard places. Thank you for listening to me. >> Thank you. And I'm just people on the board, but I just want to clarify what a dad District advisory boards. Our every council member as a district advisory board. I think they meet about once a month to play. They might earlier meeting and councilmember appoints people within their council district to that board. They give it kind of like a working swear when we have stuff that comes that is of the overwhelming interest of either the district or the community at all the board will visor board will have usually a night time hearing where anyone can come in, talk to about the It's basically a chance to influence policy before it gets too to where we are now would be for. Well, we're creating the policies so if you don't know who your city council person is, definitely meet them and figure out when her dad is a great way for people to policy, particularly if they don't want to take a Tuesday often come to a meeting like this. So it's part of the most effective way as well. everyone has a up here as a board and they tell you how to get contact with them. So good question. We do have some folks important. I think. And I get to the other part of concerns with that the chair does recognize member She's a vice Mayor. Thank you, Marjorie >> Good to put a face to you was spoken a couple of times you know, we're looking at other areas to, you know, this is dealing with the retaliatory landlords will be looking at some of issues here later on as well. And our district advisory board meets the first Wednesday every month 6.30, at the Water Center and Help Park. come on down. We usually have cookies or some other traits. We talk to make sure to keep people happy. so with that, I Councilmember Johnson, he's on the board as well. And he has a little more insight into the various processes. You can look at 2 report deal with with these issues. Councilmember Johnson. >> Thanks, Mayor. Yeah, I would add to youve identify probably the most frustrating part of this whole And that is that state government, legislature in statute, a road that it is illegal to not pay So that means that when you are forced to live in substandard living conditions, you have to pay rent or you can be evicted. That is something that I definitely don't agree with. And unfortunately it requires those who've been impacted to navigate various levels of government. That is a state issue that at this point I am personally support of attention that. But, you know, we have to get the legislature to agree to that. The other challenge and I'll give you the disclaimer. Get a privately. The folks who re child is when you do talk to us, you can reach out to your council member. You can reach out to your neighborhood inspector ABC. Does the department. But the disclaimer is that you do have landlords and property managers who will retaliate against you because you've reached out. know it. seen it. Some of us up here have known it and seen it. Even our staff knows it and season, there just hasn't been much we can do about it. And what they tend to do is lean on one of those 5 areas and state laws say that you are late a few months ago. So I'm going to you or argument about living conditions versus payment. And maybe you're one day late because your argument, then you get evicted or one of those other areas. It's a really frustrating process for tenants. And we hear that quite a bit. You can reach out to us landlord is cited, they do have to repair that. It may not help you if you get evicted, it may not help you. If you have a landlord like 2 of them that I've heard about the change, the locks and keep you out. Keep all your stuff. And and that place. There are no real good answers to that. It's really frustrating. And kind of been my push on this to really get this in front of the council, but also talk to members of the state legislature. A lot of those things have to change and the argument on the other side of the tenants have all the rights. But as you've just pointed out, you can live with rodents. You can have rodents being put in your bed by your pets and you still have to pay rent. just not right. So we can't do anything at the moment about that. And that's why this ordinance is kind of, you know, you still got to pay rent, but talking about potentially taking the steps necessary to address what we can. But I really hate to hear that. And what I really hate the most is that you're not the only person I've heard that from. A lot of folks don't believe me when I say these things happen. So I appreciate you being brave enough to come up here and say that I hope you don't get retaliated against, but please give us your information after this. what we can do to get you some resources just in case. But if you do, it just goes to show why something like this is necessary. People are getting treated really bad out here and the city nobody should have to live in the conditions that you talked about. Everyone deserves a decent place to live. For their input from the public. >> You know, my name is out it come. Was 10. It's the head steam in what when was sitting in a better land what. And they've stopped a he's. Still going to do And it's a part in a Have moved. But every time see my family and the Plain view area. He's following me. 10 on the neighbors. Cloud police on me. I go on property. Has raised in plain view. My nieces and nephews, right time can. When they me to move something would ban. Followed in. My has been a big hit. Because money. One has already been a big hit because mean, because they get same and have. And he threatened out, though, as so And you do the same thing. So I to meetings now about this kind of So. People out here that the like you warehouses. They want to step to make money. That gives him grounds to a big queue when they won't accept the money. The we have 5 about they should have more than 3 days to get out. It's days to somewhere has to go is to call People got kids, man. They somewhere to go and then we topping about homelessness. Homeless people are homeless. retaliation. >> That's what it's come to find. They need 30 days to find somewhere to Now. Am I an? And stopping me as they are doing can do is paint that man. At do bad on me when you didn't ago have set. And they do and that a lot. And this patch and doing But this night fakes and this and Sony is yes. Tim, can about 4 a no and come with a piccolo and come at patients notice ad and they want to get your reaction. Notice. If you even let the city come and to see at the house qualify inspection. So to cover at inspection, they have picked you. And my niece was just like that. That's the city to see. If she can get. I have suspected it to pass. You know what We need help out here. And this is get and just to people are facing the death. We need help. As say. Thank you, sir, for being >> For their input from the public. Alright scene and will bring discussion back to the bench for the discussion on this item. Councilmember for act. Thank you. And I appreciate that public testimony I am aware that this is happening in our community and I appreciate the work that. >> A council member Johnson, vice highs will head down on this. I just believe that in the interest of transparency that this is something that needs to go to all the dads get further input before they could vote on it today. So to ask that, we did for motion. On this till December night, defer action on this until December 19th. To allow other dads too, have a hearing. Repeal the ordinance. >> Further comment. That was not a motion because the suggestion he can turn into a motion by think he's opened up for it was opening up discussion. First and yeah, that's our interpret at this point some discussion. Then. We can make a series of motions to figure out. We're going go with But with that, let's open 2 discussion. Councilmember Johnson. >> Thanks, I don't have a problem with that. >> Because I would mean every day I would hear it in December. December 19th is our last council meeting. I'm fine with that. All right. So >> yeah, couple more people on the council member of about. As I said earlier, I do believe it needs to go to the dabs. It also. Maybe we out there and try and try to get some for information about situations like we've heard today were even if they're paying the rent, there's still. But what can we do to make sure that they have a level? place in the interim so we can address? Councilmember total. Thank you. I am supportive of going to the dads too. >> Just to get input. My dad is extremely interested in housing, affordable housing, safe and reliable housing. The other thing is we heard today community members. We never get the word out enough. We can try and try. But it seems like, you know, we can always do better. And so the more people that hear about this and learn about it, then if they have friends or neighbors or people, they practice with their whatever, they'll have a knowledge of and they can help share the information further. So I would also be supported delaying it just so that we can and make sure more people are aware of this. >> Alright, is there further if there's no further discussion, feels like consensus of council possibly to delay action. item until December or the purpose of conducting dad meetings bringing in more more discussion. Sounds like member is okay with that. Vice okay with that. I think the folks who have brought this conceded that more could be a beneficial. So with that, I will make the to. To move item number. More of this agenda ordinance creating chapter 20.12 of the code of the city of Wichita pertaining to retaliatory evictions table is item and to have it come back December 19th agenda. Motion has been made second look at legal. Make sure okay. So with the motion as made in second clerk opener, all members of cast their vote received 78 votes. That means that item is just move now to December 19th. If you are someone who was participating and one of the dad meetings again, each member has their own dad meeting at different times. >> Different please reach out to your council member or to my office and we'll make sure that you get to the dad with that number. Represents your area with that. We will. I got a text message that we actually have lunch and shall break for 15 minutes to return to the chamber. 1 o'clock too. Grab a Biden in the comeback as this. It's not a marathon meeting item number 5. 16 items before we get to more items and So with that, take 15 minutes. Take a break. Come on Ready? Ready for business? next would make a motion pass this item over later day before. But before this year discussions so that we can have this item come before us along with contract. >> staff to also include, I'm just so we could vote on this as one big package. That's my motion is to take out 5 in bring it future meeting. That will happen before the end of this year. There's Second motions made in second council member for act. so want to be clear about what you're asking the staff to bring back before the end of the year. >> What are the elements that they're required to bring back? >> item, which would be the bonuses and then but also the holistically to include either the bonuses in contract that's coming back or this along with the contract is to separate items. I think that this item makes more sense where we discuss through the contacts of not just retention, but also retention and hiring a future officers and but with the reforms such use recommended. so I guess my question then is for the managers. Do you believe that? >> Would be able finish negotiations to include that by the end of the year. >> Mayor, I am. I can only only we're only one half of the process, right? So we've got representatives from FOP. I believe the conversation or the negotiations have positive, very positive and they're moving in the right direction. And my goal has always been to get the 24 contract issues resolved in 23 and in front of the council before the end of the year. You may want to hear from FOP whether they believe that's doable as well. >> Jensen Hughes discussion points have been part of. The negotiations so far but not finalized that that is correct. Is someone from the FOP willing to talk on this as well? So we're not actually on the item and therefore, you can't divert the floor at this is to move the item the discussion I've had. And I this item. I don't want it to be voted down. But there are folks who are looking towards. The reforms and then also the larger context of the contract and therefore remove it. It gives us an opportunity to I have this part of the larger picture and that's the hope is that we could have this as part of larger picture, not just peace, mailing it together. With, especially if we're able to get if we're able to get this on the same agenda as the I understand that marriages understanding also that as part of this good faith negotiation with that's been on the table was the idea that this bonus could be paid by the end of the year. And I believe they're members of in that are. >> The FOP that are counting on it. And hoping that could be realized. And if we can't get this done by the end of the year, what happens to those folks? My motion has backed by the end of the year. Councilmember over. >> I don't know very many items I've seen in my tenure here will be doing at least here the item out. I would like to at least here the item. But by my motion is to sit this items. We can hear time in which more the majority, the council at It's my motion passes. >> Were deemed appropriate to hear Councilmember Johnson. Thanks, just clarify. But you're suggesting is to wrap up the bonuses and to an 24 contract. >> Before the end of the year. >> That's the goal. If if this comes back in or some more. If a person is or to say happened, that this might come back to second item, it could come back. But I believe that this item is more. We can. Really dive into the validity of this item or so. When we talk about the contract as well. So I like to know more details about the contract, particularly about guns and Hughes and has and how this item fits into that rather. That is all in one bill that we vote on or fits into, that that's really up to staff it and I leave that more staff. But yes, initial the preface it is that I think that should be discussing a larger contacts. Yeah. I think that makes sense. You know, we've heard. >> From community on the Jensen reforms and some of the concerns about this bonus going forward. I think most of us agree we need to retain officers but that kind of gives more to what the community demands of us as well so that they're able to see that contract with reforms in there as well as a retention bonus by the end of the year. I think that kind of checks all the boxes for the things that we've been asked to do. >> And also gives council members an opportunity host meetings about that to to, to really dive into not only this, but over the contract in general with the proposed that just laid out. But one more >> to councilmember fries point if this were to come back before the end of the year, like on the 19th and it was approved by council both the 24 contract and the retention bonus with those officers still be able to realize that bonus by the end of the year or would it be? First week of January? >> double check. But I think it's the for it will be the first week of January. >> they be able to recover Christmas. Many us. >> do want people not to spend money and less. It's you have. We would have to vote. Make sure that happens. So yes, please. Council >> Thank you about this is a question for you and we were going to pay for the bonuses from salary savings from this year. Correct. >> So what? >> What happens if the bonuses can't get paid just its very logistical question. I'm sure you have the perfectly simple answer. I just want to make sure. Budget wise. We'd be OK because it could be coming out of 2024, but we're going to celery savings for 2023. So can you can you help me out? Please. Thank you. It. >> If the if if. >> This goes over into 20 for the salary savings goes forward in fund balance and then we can use fund balance. Ultimately, the council will need to approve a budget amendment for this. And for 24, you know that whatever you decide to do for the 24 contract, whatever we can get to go, she ate it. >> And vice mayor thank you, >> with the bonuses with a even be eligible until the first week of December or January. Are we planning on putting him out there in December, even though we were join together in the bonus to finish out the year. >> hoping to get in a pay period in December. >> What would have happened somebody had resigned after the bonuses will >> Would be entitled to the bonus. again, >> That that's one of the reasons I think we want to have a more holistic conversation about this Kuzma about. >> A pony officers short today. >> That's I'm sorry, Council member that some kind of a moving target. I mean, I've heard numbers up to 100 in terms of staff, total Stabenow in terms total officers. I also know there are about 30 that our phase in the pipeline. >> And then in in coming in I think the last I saw is possibly 3 former employees are coming back to us. >> So let's say optimistically 30 to 35 in the pipeline. But again, you know, don't have the numbers my fingertips. You have any idea how many will lose in that same period to attract. that's what I was about to say. I don't know what will happen in tuition and those who are eligible for retirement got a chart here that they >> All right. It's motions made and seconded click, rope and role. Is just to put this off. received 48 votes to 3 nays. The motion does pass. Madam Clerk item 6. >> Central Plains Area Agency on Aging grant. >> Good afternoon. afternoon, mayor and council Reggie Davis with Parks and Rec department. Here to talk to you about grant opportunity with the Central Plains area agency. aging. So back around they're fulfilling their for for over 40 years and helped guide older adults and care of you was in person with disabilities, provide the information and the sisters in support. The Parks and Rec department apply for a grant through and to provide recreation specifically for seniors were notified of September 27 that it was elected a recipient for the The grant be dividing recreation classes, a specific for seniors and Wichita area and the summer we did the 3 classes here. But plenty. ukulele class and the good acrylic painting class as well as the strength training class with the funds being awarded. We're looking at offering all 4 classes for the fall session, which is beginning acrylic painting as well as continue acrylic painting class and beginning a ukulele class. And the to ukulele class. We provide programs residents and has been probing comparable the Parks Department. This is an area looking to expand and provide more programs to our department. So to lose As I mentioned earlier, we receive $6,000 in 2023. and we will have a balance that will be able to roll over for 2024. In addition to an additional $6,000 to help offer the program to reference earlier. And we're also looking at as a future funding is available to additional programs as well. There's no grant requirement grant doesn't require any matching funds from the city in order to receive it. The law department has reviewed a proper and approved a notice of a grant for the 2023 as to form. And we would like to move forward to enroll. was to Mountain Road over from the previous year. We will come back and get approval for the total not to actually offer the program for current fiscal year. And it is recommended that the City Council accept a grant from the Central Plains Area Agency on Aging and authorizing necessary signatures. stand for any questions you guys we have about especially staff. >> See not a from the public. Seen an open discussion back to the bench for the discussion. If there's no further discussion. And I make a motion that we accept staff's recommended to accept a grant from Central Plains Area Agency on Aging and other residents are signatures. Is there a second second? >> is made in the second device. Know has a quick road to cast a vote. Every bozeman's doesn't pass. Madam Clerk. On that for 2023 to 2024 sanitary sewer lift station rehabilitation. >> Are you really? welcome? good morning City council Don Henley, public works and utilities for the record. Before you at the moment would approve the budget and funding for the 2023 2024. So Terry, U.S. or LIFT Station program. This is a familiar items for council an ongoing program year to year funding, including NHA Teachers, Capital Improvement program. Take care of the city. 60 a cemetery list stations and make sure they are in proper working order projects are utilizing a at risk based tool that was developed by staff. A number of factors are taken into consideration and calculating the risk a score including the aging condition of equipment, whether or not to lift station has emergency backup power. I pacing bypassing capabilities and also other factors related to consequences of failure like the number of residents served within the basin other environmental factors, including wetlands those types of a sensitive environments and then also currently and a future flow characteristics are looked at to make sure we're sizing them right to keep up with growth within each basin. Examples of of work that's carried include rebuilding, agree, have concrete pads, replacement of critical equipment such as Pops piping electrical equipment and electronic controls. And upon assessment or thereby past pumping they should be installed or whether force mains or what well capacity needs to upgraded. The 2023 through 2032 Capital Improvement program includes starting in the amount of $100,000 in year 2023. and 1 million, $200,000 in year 2024. For the project, a staff request at this time, initiation of the full amount, 2 million dollars to fund the project. Therefore, it is recommended the city council approved the budget, adopt the resolution and authorize all necessary signatures and all stand for any questions you might have. Questions for staff. >> Seeing none input from the public seeing none discussion back to the bench for the discussion. This item. If there's no further discussion aside make the motion that we accept staff's recommended action approve the budget adopted resolution authorizing necessary signatures per chapter ordinance to 1, 1, design requires a two-thirds majority vote state staff is founded necessary to inform us of that is 5 votes out of 7 and motion has been made. Is there a second second second advice? My whole high clerk open role and we need 5 minutes. We've got 7, every boats that motion here by passes. Madam Clerk. >> Water and sewer rate adjustments for 2024 7 on the water and adjustments for 2024. Hello and welcome. Good afternoon. Mayor City Council up any phase put works. Utilities. I'm here to present the proposed water and rate adjustments for 2024, the proposed adjustment is a 5% combined rate adjustment which represents 6.2 5% for water and 3% pursuer. This is the same adjustment that has been sheriff since 2019, when the city decided to proceed with construction of a new water treatment facility. Since that time, utility has undergone a cost of service analysis that has confirmed both the adequacy appropriateness, a customer rates and if approved approved adjustments will take effect January one. The projected rate adjustments aren't meant to size revenue requirements that we've shared both federal and state governments in loans that were taken out for 2 very large projects. One being the Northwest water facility and the second being biological Nature, Middle program. Although the debt is do for a future repayment, the approach far has been to build rates gradually over time to avoid larger future rate increases. The main driver for the rate adjustments, capital improvement Other revenues attributed to capital investment with the remainder being for ongoing operations maintenance as well as city's ability to me. Key financial metrics. Over the next 10 The water and utilities have 1.5 billion dollars. Capital projects planned. And so you can see through this chart. We have several notable projects that we previously mentioned and as well expansion projects for future development. So on the water side, we have 84% project dollars that you turn or a replacement and 16% okay to expansion on the serious side. 25% for replacement percent or expansion and 63% for a la Torre, which is being are now also has been no replacement value as well. So how does this impact the average water bill? This chart compares the average water bill today based on customer class and usage and the average water bill following the proposed adjustment. So a mid-level water user could expect. I thought a $3.63 increase on a monthly bill. Commercial user. He says about $100,000, 100,000 gallons per month expect a $38 per month increase in industrial user who uses 10 million gallons can expect a monthly increase. Is unaffordable. To answer that question. We compare ourselves to the EPA affordability metric which states that if the annual now that you one service is last in 4 and a half percent. That mean household income. it's affordable. So all cases we do meet that metric. I'm going really fast. S up how long day and trying to be cognizant that this is really important. lake in pairs. All residential usage. 2 cities are side our size across the country and other cities in Kansas. So the cities near the top the more expensive water and bill near the bottom less expensive. And you can see that in both instances. Wichita is near the bottom. This is that same comparison for our commercial customers, which demonstrates area remains affordable place to do business. And I should mention that, which is on there twice. So that's our current right at the bottom are proposed rate above that in the orange and yellow just demonstrating our ranking does not change with the proposed adjustment. And important to know that COVID relief funds have become available, we've had historic amounts of assistance available in the last couple of years. So the amounts here are actuals per year for customer assistance through August 31st. When you look at 2023, I can update you that through October 30 fit October 31st. There's actually been 3.3 million dollars and customer assistance provided to accounts. So that took a lot of people risk of disconnection but also gave them credit on their account for several months. So it's recommended that the city Council for the recommended rate adjustment place ordinances on first reading and authorize the necessary signatures. Questions. Christians. That's a question. questions for staff. All right. We have council we have Vice mayor whole hizo questions. >> just wanted to thank you, Mayor. Thank you. Coach Feis the presentation and all your hard And could you talk a little bit more about the rebate program? Where do we get the funding? >> How much do we have available for people and this is still a one month. Just a one month. I guess, payment at the beginning of the year. Like last year's I believe was. >> So we've got a couple of different programs and start with the rebate program, which is if purchase of water efficient device, you can be rebated for Now up $200. this year we had $150,000 that aside for for the drought, right, does little bit more than we usually allocate. But let me talk about this 2024 now a little bit more so because we expect that the federal and state funding is exhausted for COVID in customer assistance, 0.20. 24 and now is a city funding amount Lumley and we could use for rebates. But we had a historically we've been using that for the rate relief program, which is for customers who if you're eligible for a low income energy assistance, you're also eligible for rate relief, which is a $50 credit to your water bill. And that's just one time per year. >> Councilmember Johnson, thanks, Mayor, appreciate the >> You touched on this a bit, but I did have a few residents reach out to with concerns about the rate increase. Can you talk about what the rate increase would have been without? The state revolving loan fund? And with you? >> I don't have a number for you, but it just for comparison with a 1.5 billion dollar Capital improvement program. We can compare that prior to these 2 projects in with you and the SRF like a 500 million writes a billion dollars last which would have really, I think reduce the amount the rate increase. But but with yeah, and as our of have done has allowed us to finance a billion dollars in projects with the $2 month increase Ray. And so I don't in that scenario as far as what would be without it. That's, you know, answer question if we didn't invest all, if we didn't have within us R a. I could look into could even guess really have it be much higher. And we've always try to remain below the average of 6% increases, which is kind of industry seen across the country. It definitely beyond the beyond that. >> I think I remember I was asking just to make sure I didn't say a problem, but told a couple residents that we would probably be looking at 12 to 15% increases. Rather than the 5% because of these laws. But just wanted to know probably correct. The city manager has never allowed us to entertain such Thank you. >> questions for staff. Seeing Thank you. Is there a Republican is item? >> Seeing none. We're them back to the bench for the discussion is item councilmember for thank you, mayor Petty. Thank you for the presentation. >> Couple more thank yous one. This is a 1.7 billion dollar investment that we've been making. And our water treatment. Our wastewater and all of piping infrastructure projects and to be able to do this by staying near the bottom. On a monthly rates compared to peer cities. It's amazing. So thank you, Steph. Your dedication and your intelligence and your perseverance. We're seeing other cities to double-digit increases. And being able to keep it at 5%. That's amazing. So kudos to you all. also I think our donors for helping, but the assistance programs, the H 2, 0, Cares Fund doesn't get enough attention. It does help people that need that a little extra. So thank you to anyone who's ever donated. And finally, thank you to our neighbors for being careful where the drought phase one moving to phase 2 fairly soon efficient monitoring of water, doing the rebate programs, you know, protecting that resource that we have. We've been through this before. Back in 12 13. I think it was really bad. And we'll get through it again. But not for that diligence and good practices of not only staff but also our citizens. >> That's a rough ride. If you retain the floor for motion, words are quite elegant. yours? Make a motion that the city council approved the recommended rate adjustments place. ordinance on first reading. >> And authorizing necessary signatures. Vice Mayor second. >> Motions made in second opener. All member shout cast their votes haven't received. All members will cast votes. Please. Ever received 78 votes. motion. Doesn't past Madam Clerk? >> Design concept for rent for a trail from with avenue to K 96. Good morning. afternoon. I'm sorry all council and public works and utilities here to present the design concept for the red but pathe between with K 96. >> This project located playing with in K 96. As I mentioned, this is a with filling about a 3 and a half mile gap. currently exist along the Trail. Traffic counts along area. Woodland carries about 21,000 vehicles per day. Brock Road has 30,000 vehicles per day. Webb Kerry, 17,000 vehicles per day and green much carries about 11,000 vehicles per day through this area where the redbud trail. This is a bike connectivity. Now that shows circled in red the 3 and a half mile gap. The project has been constructed from the I-135. Half to Woodlawn. And that has been constructed east of K 96 200 59th Street and then it extends east through and over. >> Out towards Augusta can I mention the traffic counts? The propose pathe is similar to what we had constructed east K 96. This includes a 9 foot concrete pathe with 4 foot crushed limestone to one side. This would accommodate multiple user groups. 2. Like to run on the Crestline Stone for us is concrete. City Council on June 6 approved an agreement with finished a design improvements for the red. But tell you On 10/26/2023, we had public open house at Westminster Church in which we had about 50 people attend that open house. On November. 13th 2020 3, which type bicycle pedestrian advisory board voted unanimously for approval of the project. Has that same night district advisory board to also voted unanimously for approval of the project. Going through a little bit of the project, Woodland Boulevard on the road left side of the screen. And then Rock Road onto the right down at the bottom. We do propose to upgrade the existing signal there. Woodlawn. And we do intend to create some potential neighborhood connections as well as big connection to home middle school. As I mentioned, the crosswalk there at Woodlawn would improved for rectangle, rapid flashing beacon to a hawk signal. Intensity activated crosswalk similar to what we have to on Ridge Road as well as Central Street and out towards hillside near. State University. Similar improvements along Road to Webb Road with some potential neighborhood fruit platter, sidewalk We would have to work with the homeowners association to create these connections. Previous mile. We had some either easements are right away that we can construct those in. I will talk about the intersections here in a few slides. Some from Webster, Greenwich. And then from Greenwich K 96. Going back to the Rock Road crossing. We are proposing a pedestrian bridge. For the past to go over Rock road due to the amount of vehicular traffic. On Rock road. We would also propose to. Prior to that the past going over. Road, we would have additional sidewalk connection that would connect those users along the past that they can Access Rock Road. That would be on the north side of the east and west of Rock Road. And we will also make the so that you can travel North South Roker Road on the West Side. We also propose to install some sidewalk along the east side Rock Road from the pathway up to where it stops the south. 21st Street. This is a we will continue to look you know, foot would be constructed. This is pretty simple here. this is concept only so we would further. Define that as we go through final design. Webb wrote this is existing link configuration that reduces down to 4 lanes for that. The old railroad tracks where where the red but passed would cross. And similar to a Greenwich Road that is a wider 5 lane roadway. We do have. It was when it was constructed. We had a pose for a dual left turn lane into the undeveloped property at the time. You can see one of those left turn lanes or striped out and we would like some improvements to that too. Create a larger refuge island. Puzzles at Road. As I mentioned before, we would widen that to, in essence a 5 lane roadway. We would construct a median. To provide a refuge island for pedestrians cross half of the time. We are also proposing a hawk signal at location. Side of your screen Greenwich Road that would have a wider. My media in 2 senses as it is now. We would to keep left turn lane and to that property to the north of the past. And again, we're proposing to put a hawk signal at that location as well. We are also planning put some pause points along the corridor. We have 3 levels to pause points that we're proposing and we have not determined which ones will go where at this time. However, the base level PAS point would be a bench. But the pad it's middle level would the bench. Pad as well as traffic trash receptacles Pat Way station and the highest level would be those amenities. In addition to shade structure. The project is included in the adopted 2024. Through 2033 Capital Improvement program as well as transportation improvement program through Capital Improvement program includes $600,000 in 2024. 2.1 million dollars in 2025 2 million dollars in 20 2600 general obligation, bond funding. Say the did apply for and received 2.2, 3 million dollars, carbon reduction funding. Which brings the total budget to 6.9 million dollars. Steph Ben in the process of a evaluating other grant opportunities as well. If the concept is approved today, the Supplemental Design Agreement, further design will be brought over to the city Council at a future date. It's recommended that city council approved the design concept and I will stand for any questions. All right. So have 2 questions. First, we have councilmember for. >> Thank you. could you go back to the slide showing the pedestrian bridge over rock? I guess I'm not familiar with the area right now. Your show on the east side of rock. A trail access connecting to a sidewalk going North. Not one going south. Is there not an arterial sidewalk south of there to 13th? There is not. And there's not a a sidewalk to the north of the past is what either on the east side. >> Just north of this area. Okay. Isn't in our policy to have arterial sidewalks. Throughout the city. It is at least on one side of the street. At least someone said because I think down it. Rock road there is on both sides. All right. A central. >> It at central, but then it it ends its central. I remember reading that we had to cross the street to central to continue to go north. So it doesn't go all the way up. But on one side of Art, Harris great, okay. Council member of about. >> So we're looking at a total cost. Once we get to sign it or they around 7 billion dollars for 3. >> At some of the initial estimates we have are closer to 10 million at this time. >> Around 3 billion mile. Probably. Pretty close with truck with the signals. How many but West 467. All the way downtown. And that was help with the Prairie for travelers and that they paved part of The only portion that we had done is some crosswalk improvements. How much should we spend on a >> I don't have I'm sure it was. Yes. And these are putting in signalized crossings. Yes. We really didn't. Hey, providing volunteers that most that out there. That is correct. Yes. Councilmember thanks, Thanks, Paul. >> looks pretty awesome. I'm at but the wood spot. Will there be a sign that says you're now leaving the best District District, going in the district have not put that in the player. No, sorry. >> Further questions seeing none. Thank you. Thank you. Several public on this item. Seeing none of discussion back to the bench for the discussion is item councilmember title. >> Thank you. I just want to Paul and Gary. In end, all of staff and public detailing And working on this for quite a while. it's so exciting to potentially see it come to fruition. This is not only something that district will benefit district 2, it will benefit the city, but it's regionally significant. And we've been working with the folks in the end over end, you know, beyond just to make sure that this is something that we can provide connectivity to finish the entire 30 mile past. I also want to thank the Wichita Area, Metropolitan Planning Organization for the Carbon reduction Grant. And that will allow us to hopefully continue to make this come to fruition. Thank the community members. There are 54 people at the Open House that wasn't staff and all were excited provided great input. And if this does pass, we're not done. And this is just of approving the design concept will continue to work with and listen to the neighbors along the trail. I have reassured everyone that there's 3 goals for this project. Safety and security being number one sumption Atleti and then also a static. So just super proud of this work excited to see it potentially come to fruition. Thank you. >> Further discussion, if not councilmember you can have the floor for a motion. Thank you very much. I appreciate that. I will enthusiastically move that the city council approved the design concept. >> Their second second Bush's man, executive of ice. hizo close >> Every Davis and Motion doesn't DEA task, Madam Clerk? >> Heavy equipment replacement in snow equipment, replacement. >> Afternoon, mayor members of the city Council excuse Aaron, hitting with public works and utilities. And today we're seeking your initiation of to recurring items and the capital improvement program. cip that support the replacement of Aging fleet assets. The first item targets the replacement of aging heavy equipment assets in an enterprise fund operations. This includes equipment like the dump trucks, Houston Street in Park maintenance operations, Ariel Bucket trucks use in forestry and traffic signal walk operations and squad trucks used by fire of the roughly 1500 rolling assets that make up the city's fleet just over 250 non enterprise, heavy equipment designation because they're relatively expensive, long lived assets. That financing is used to support their replacement. approve cip includes 35 million dollars and heavy equipment replacement funding over the next 10 years. Just under 3.6 million is budgeted this year and slightly more than 3 and a half million budgeted in 2024. for combined total just over 7.1 million. We're recommending the initiation of both years at this time. As a reminder, both the recurring cip budget and specific replacement decisions are informed by a predictive analytics model that we often refer to as our decision support tool or D ST. It helps staff optimize replacement intervals and the balance between low ownership costs and high operational viability present that optimize replacement interval is 13 years for heavy equipment. Based on the DST prioritize prioritizes the replacement of the 31 heavy equipment assets shown in the table. These of all met or exceeded the optimized. Replacement criteria and included several dump trucks, bucket trucks, excavators fire squads and other equipment, including a crane truck that's critical to clearing debris from the law and a little Arkansas River from diversion structures along the floodway and from bridges throughout Wichita. Before finalizing his replacement decisions. Those staff will be conducting an in-depth analysis of each piece of equipment and completing what's called an asset score card, which is an industry. Best practice so that we're able to best ensure that we're making the right replacement at the right time. So that staff continues that analysis over the coming months. If an asset that's not on this list ends up scoring lower overall, we may adjust the mix here a little bit, just to make sure that we're maximizing those investments. The second line item is much smaller by comparison and it targets the replacement of aging snow and ice equipment. The approves cip includes 1.6 million dollars and snow equipment, replacement funding over the next 10 years, just under 375,000 is budgeted this year and just over. 51,000 is budgeted in 2024. for a combined total of nearly 426,000. We are recommending the initiation of both of those years at this time. These replacements are similar. Lee informed by our decision support tool. And it currently prioritizes the replacement of 8 salt spreaders and 16 snowplows. All of these have exceeded the optimize replacement interval of 15 years for snow equipment. And these are all, of course, critical to the cities. Winter weather response efforts. So that staff recommends that the city council approved the project's adopted bonding resolutions and authorize the necessary signatures. And I'll gladly stand for any questions. Can you go back to the previous slide, please? Yes. Out of these 24 units or any of them recently named. >> That So I think the truck is technically named. We have the dump trucks that are mounted with the plows and spreaders. Okay but they they are. Yeah. They will be to engage in which I sunflower I believe is one of eyes of is on the because is there, but about any other I don't have those memorized, Ed. I'm Sad to see that place and eyes and other questions for staff. Seeing I think yours. Their input from the public. You know, every discussion back to the bench for the discussion. If there's no further discussion. Did not make a motion that approve the project, the Padres, Aleutians and other as necessary signature. Is there a second second? >> and seconded by vice as a clerk open road cast a vote. received 78 votes that. Motion does carry. Madam Clerk. >> That role was PlayStation initiation in land acquisition. >> well, the way I just for the record you have been here the whole meeting. So good. You want applaud you for for, for your diligence and got a joke. But I do want to recognize the people saw job as a The whole meeting and we have do appreciate your diligence. How thanks. I did take a longer lunch that you guys, though. So and we welcome a council. And mayor, thanks for a captain cooling with which some police department. >> So today I want to bring a forward the patrol west station funds initiation land acquisition. Funding allocated 2023 24 of the adopted Cip budget. is to replace a patrol stations currently served over 3 times as many staff. As it was originally accommodated, built to accommodate the new facility will provide adequate space for current police operations. It will centralize locations within the patrol bureau unable to optimize response times. This is a photograph of the entrance of the current patrol west station at Central and Elder was built in 1991. To House 40 officers. We now House roughly 115 officers out of the same work area. This building also with the Wichita Fire Department there on the central side of it. Space is limited for expansion based on the size of the facility, edge and sharing it with fire. The proposed site is at Northwest High School, which is 13th in Tyler. The site is actually a 13th and country acres. Through the site selection criteria. We evaluated. Cost and availability, a physical constraints, current staffing, a parking lot expansion potential, centralized location, neighborhood benefits as well as the tax revenue base. Here is a concept of the patrol station, the outside of it as well as a conceptual drawing of the layout of the building and the parking lots associated with that. For the community We knocked around just over 400 doors as 460 residents of which about half we contacted the rest. We left a door hangers for them to come. ACS at an open house. During the community engagement part we received 0 and negative responses. And multiple positive responses during that community engagement. We then conducted an open house on August. 24 21st at Northwest High School. We're wpd and city personnel were on scene to answer questions and answer those as a result of the door knocking. And then in September on September, 9th, I presented at the District 5 advisory board where the new station will currently be. Hopefully located. Here's the financial funding for the project and 2023 to 2024, there's go funds of 1.0, 1, 6, 5 million dollars. And the 24 arpa funds of roughly 10 million dollars bringing the project to 11 million 165 thousand dollars. And on the right is some of the budget breakdown of construction of a 0.6, a million, the public art fund the land acquisition. Price of 450,000 and the FFA knee of 1.8. It our recommendation. NAFTA staff approves the project, approves the real estate agreement with the public schools adopts a bonding resolution and authorizes the necessary signatures. And I will stand for questions. >> All right. Questions for staff council member of about. Thank you, thank Thank You know, that's been one of those things that for years been telling people my district south of Kellogg, we're going to the police substation substation. Let's talk about Buffalo Park now. Logistically actually, the substation is further now. From the district how do I reinsurer Mike? I realize guys don't just hang around the substation day, but how do I show my constituents that we're going to have a good place for presence. district is we really don't. They? >> So I have a breakdown of response times. It's a little. The bureau's are decentralized. We don't report out of the bureau like like you mentioned. So it's hard to say if we report from. You know, a call out it 100 35th and Kellogg. When can we respond to Kellogg and Seneca, for example, both of which happen to be in your district. But let's say that that is the scenario that's a hard question to answer on when we'll get there right. But we did break it down as if we were leaving squad or at the petrol station for whatever reason doing paperwork. How long would it take us to get to the center of every beat? In all 3 of patrol districts. And so I do have a breakdown that shows the current patrol West Station where we're at. then a couple other Buffalo Park for one. Northwest High school on how long it would take for us to respond to the center of each of those. The and I and I can e-mail those to in anything we can do for a public advocacy is. >> the largest district twice the size of some of the money that we don't have a substation. And I know we have some close an adjoining, but just to reassure the public even though there's a substation around there's a police presence and it and show some of those response times. Yeah, I do have those broken down. even at most some of them are 2 minutes which in the world of first responders can be a lot of time, but that's if they're coming from the patrol station. And we overlap. So we don't have a gap of. And Thierry where there shouldn't be a patrol officer. Are there questions for staff? Seeing none. Thank Is there public on item? Seeing bring discussion back to the bench for the discussion is item Councilmember Johnson. >> Thanks, >> No real discussion. Just want to thank staff for their work on this and council member for I-four working to get this over by Northwest. I think it provides great opportunity for students to learn about what officers do a law enforcement and the right across the parking lot. So thought that was a great location support of since I heard it. wanted to say kudos. For the discussion. >> Yes, before we get moreover to Councilmember Frey, who has decided does resign, district. do want to again, thank you. Not just or pursuing this, but also for going above and beyond with public hearings and also inviting myself and other members to those hearing so that we interact with the public about this and really take some of the concerns seriously so that we address the Sixers before we got to the point we are today love the idea of of a program that that's going to one of the Explorer programs going to I school kids be able to learn about law enforcement's attention, Kerr era and I don't think we would have gotten to this point if it wasn't for your due diligence and your extra work. So thank you for that. And we. Give the floor to you so that you can make a motion. Thank you. And just one quick question for Catherine Cooley. I forgot to confirm done questions. Now we are. We are getting a plaque that says the best patrol stations. Wichita wrecked. >> Could be making a lot of signs. Definitely strict. To just a couple of quick I want to thank Wichita Police Department for for operating in cramped quarters for so again. But a space for 40 people. There's 115 in there which is equal to basically one shot. One shift. so it's been cramped for too long getting 5 in northwest Wichita in west, for that matter is difficult. We explored dozens of public and private parcels. It was just difficult to find. And so to that end, I want to thank USD 2, 5, 9, and our city staff or a positive negotiations. As we went through this 2, 5, 9 was very receptive in again, we spoke over. Explore program is opportunity for maybe get high school students engaged in a clear early in. Police, law enforcement. Thank you to the country Acres Neighborhood Association. My members of the District, 5 advisory and all the neighbors district 5, 9, 0, as well a district for is a long time coming and it's going to be a great asset for public safety. And again, I think the highlight is we're not removing any taxable property. From the city revenue stream. So. all that said, I would like to make a motion that city council approved the project approved the real estate agreement with which to public schools adopted binding resolution authorizing this is their signatures. There's second second. Motion has been made and seconded by vice mayor clerk will open members cast their vote. >> Ever receive boats. That motion does pass. Madam Clerk. >> Approval of a development agreement agenda. >> Good afternoon, mayor and council members. I'm Tim good. Pastor of the city Manager's Office of Development Services. The item before you today is approval of a development agreement addendum with Bombardier Learjet on 11/15/2011, the City Council approved a development agreement with Lear jet. The city in the county each invested a million dollars to achieve a matching grant from the economic Development Administration for construction of surface parking at Eisenhower National Airport. The construction of surface parking lot of Learjet to reconfigure their site after being named to the final Assembly site for the Lear. 85. In 2011 Learjet added 413 jobs and an additional 271 in 2012 for a total of 684 jobs in the first 2 years of this agreement which exceeded the required 625 net new jobs required. After 2012, the light jet market saw 78% decline in orders and a 49% decline in deliveries. This caused the cancellation of the Lear 85 program. And after the Twenty-twenty pandemic, a Learjet canceled Bill. We're 75 program and this subsequently led to layoffs to their jet site here in Wichita. Since that Bombardier has diversified their work here in Wichita. The Wichita site now provides extensive maintenance, repair and overhaul or MRO work on all of Bombardier. Is jets. Additionally, all of Bombardier is products, meaning all of their jets or flight tested in Wichita. The Wichita site also provides work for the United States military and is the exclusive site for maintenance of the net jet fleets, which is a total of approximately 128 aircraft today. In 2022, Bombardier named Wichita. It's United States headquarter and home. A Bombardier defense since 2011 Bombardier has invested over 58 million in Wichita and between May of 2020 and December of 2022. Bombardier has paid over 9 million dollars in rent and other fees to Eisenhower National Airport. In Twenty-twenty Bombardier made purchases from approximately 250 Wichita suppliers totaling 320 million dollars. And in 2022, Bombardier added 220 jobs in Wichita and currently has 90 openings. Over the past few years. Wichita has lost out on maintenance, repair and overhaul prospects due to a lack of shovel-ready sites at Eisenhower National Airport Bombardier controls a piece that has runway access through its lease with the airport authority and has agreed for the to allow the city to market the site for potential sub tomorrow's and to sublease the site at a nominal rate that being a dollar a year. The site outlined in red is the site that we're talking about on the top of the cereal. You can see Lear jet way or Harry Street. You can see Tyler on the left side and you can see get outlined in red where the site is in its access to the runway. Approval of the addendum, restructures the employment benchmarks and the cure for not meeting the previous jobs benchmark. It is anticipated that the sublease site could bring 18 to 33 million dollars in capital investment. annual lease payments to the airport authority of 200,000. Therefore, staff's recommendation that the city Council approved the development agreement addendum and authorize the necessary signatures. Jessica is just who is the government relations director with Bombardier is here and can answer any questions specific to the company. And I would be happy to answer any questions as well. >> All right of the questions for staff. Seeing none. Thank user input from the public. Seeing none. Thank for the discussion Council member Thank you very much. There. thank you, Jessica, for reaching out to be in talk a few different times. And this is something like we've been working on since I've been on council and, you know, my experience working at texter on this, this is the direction you want to see the company anyway, because you've got all these aircraft that are out there flying and bringing all that maintenance right in here, which of it step in the right direction for us. So appreciate everything boulevard years doing. And I think I think we're headed right direction. So with that, there is no one else on the board for a comment. And therefore, we will as a council member Blue Bar retain the floor promotion has this item does reside in district 4. >> Thank you very much. Mayor of like take staff's recommendation and gets an >> Alright, the motion is to improve, says recommended Is there a second second? Bush has been seconded Vice hizo clerk opener. All members cast a vote. Received 78 votes. That motion does indeed pass. Now I. To cause any stress, but I'm going to request that we pull item up out of order. So that we can get this item. Because I have relinquish the chairmanship to the vice chair. After this And why. I'm here right? So I'm going to make a to hear item number 2 of the can sending point planning agenda out of order is so that we can hear that item now and then we will go back agenda order has printed. Okay. So that is my motion. Is there a second? I want do a sky. >> We're catching them off. Guard will get them. >> So if this motion passes, then we will have sky here. I apologize. Is there a second? Motion's been made and Well, we're feeling it time for Scott of this motion passes but I'll tell I'm so. That motion was made seconded to hear this item. House member total to speak to the motion. >> Thank you. I just wondered why we're waiting that because it will take a few minutes Maybe we could hear next item. I mean, I'm not did. I'm just saying instead of us just sitting there waiting for Scott, we could do another to keep moving moving. I mean, that's a great idea. Thank Sorry, track my. My Scott's making his way here. dramatic advice that door, madam Clerk, what is next on the agenda as presented? >> Quarterly financial reports for the period ended September 30th 2023. >> All right. Let's go with Morning. Members of City Mark Manning with the Department of Finance. speed up the pace. If we hear Scott come in the door over there, So we can move along I'm just here to present the quarterly report for the period ending September 30th of 20. 2023. We use this for 2 purposes. We're going See for trending a similar really to we told you in August when your doctor the budget and look forward and see whether all of that giving us a favorable impression of what we should expect into the future. So earlier Vice mayor hopes I saw when he was talking about hotel development summarize our financial situation. And he said that we're doing really well. And 23 24 we're building reserves, were prepared for challenges in the future. And he basically just summarize my next 7 slides by saying that. So can zip through the 7 through really fast based on what he said because he's exactly right. So what did we expect in 2023 when we adopted the budget August, we expect unexpected attracted property tax growth attracted but slower sales tax growth, slower from what we had last 2 years, which is like 10% a year. We thought franchise fee revenues would grow. Although we acknowledge that they were very volatile. But most important we knew that we were going to collect a lot of interest, earning cyclically high interest earnings. In fact, Elizabeth pointed out to one time that interest earnings now has a pie slice the pie chart which I never used to in the past. So that gives you an idea of significance of interest earnings. We're also concerned about inflation on the expenditure side, primarily impact on wages. And we thought we would spend more on for personal services because making concentrated efforts to fill positions. We thought we'd in the air to modest surplus. So what's our current view now that we have 9 months worth of data and we're pretty close to end of the year. Pretty much exactly same thing. Everything is performing almost exactly as we expected. We do have a little bit of weakness franchise fees. Again, they're volatile. Commodity pricing has hurt us a little bit. There. So we'll probably under collecting franchise fees. Everything else is pretty much the farm. And as we expected. On the expenditure side were underperforming, which is to say that we're spending less than we expected. That is almost exclusively due to challenges filling positions are talked about the police department earlier this morning. That's probably the most significant one. But there are a few others on talk about Second. So we would expect maybe revenues might be a couple million less than what having the budget, which, by the way, about 304 million 2 million less than one percent. So we'll be 99% edge. will probably a couple million lower on revenue side and maybe a little bit more on the expenditure side. Shouldn't the year again with a modest a surplus just like weeks thought. So I want to go into a little bit more detail. Okay. My speed up a little interest earnings. We are up 14 million dollars from last year. That's really all you need to know about our situation. Interest earnings is what's driving our situation. Sales taxes doing fairly well. Franchise below bit lower than we thought. The story on expenditures is there's a couple departments that are spending at or actually over their budget. That's the fire department and library library because it managed to fill their positions, which is actually what we want fire because they've got a few other challenges going on. Everybody else generally speaking is under spending because again of challenges keeping our positions filled, finance city manager's office, municipal court, for example, are trending lower than what we would like to see. So leads me to believe that we will under expend on expenditures this year. I will point out this is my caviar December's a dynamic months. We've got a lot of stuff going on. It's always difficult project wages in December, but we're pretty confident we will understand. You're an just reminder you might see a few budget adjustments on your gender. Pretty sure you'll see one for the fire department coming up fairly soon. That's our normal part of closing out the year. And also we will start making all the year in transfers that you approved in the budget document that you adopted in August. So lets look out briefly into the future. We're concerned about 3 things. Inflation, economic challenges and interest earnings. The Federal Reserve is trying thread the needle right between inflation and recession. And we certainly hope they're successful in doing that because that interest earnings will be moderate to. But those are challenges are all going to be more detail because we talked about that a lot the past suffice to say that those are the things that we're watching. Briefly, other activity, golf us continuing to do very, very well that year. And we would expect to shove even more cash into their capital projects, which were does last couple years to earn that service fund perform like we expected. This is our profile. 2 takeaways, 1.3 billion dollars in debt. Vast majority of that is associated with our water utility, which is the dark blue. I think the green slice them to bottom. So most of our debts, you told related to participate property taxes, 4% very, very small and suddenly in the future. As I show you this chart pieces that are going to grow are going to be the dark blue won and the green one, the water loans in the water, utility debt. submitted? Our 3rd quarter are purports available online. We spent about 4 million dollars in the 3rd quarter, which is good because we're trying to accelerate the pace expenditures. We continue monitor our recipients and work a lot with them. We do that for at least 2 reasons. We want to make sure that there providing outcomes that you want based on the contracts that you approved with them. And we want to make sure that we mitigate any compliance risk to the city. So we costly monitor them. Others, just the charge. And we spent about 10 million dollars was spent. 4 million of that in last quarter. In summary, everything is pretty much tracking exactly where we expected for the most part end of the year will be favorable. Quarterly report in reports are available online. So the recommendation is receiving file and that's in my report. Excellent. Thank you's are questions for staff. Seeing none is there. But for the public seeing backs discussion. Further discussion. >> It's good to see that were are. 10 are in debt to have a small surplus. So thank you for the work, not budget but also staff with that. I will make the motion to accept recommend action receive an file. The quarterly financial reports for the period ended and September 30th 2023 is their second second. Bush has been made and seconded by has local hero members cast that vote. Every 5. Let's go to reopen vote reopen as economic rational system. If not. >> But the records show. >> That. >> The vote was 7 Is there any? No objection. But with 7, So with that to make a motion to take item 2 of the not to send planning agenda to hear it out of order. Is there a second seconds? A motion made and seconded click, rope and role in cast their vote. After received 78 votes. That motion does indeed pass. Scott. I apologize for. >> Honoring a little earlier. Little. No, obviously we schedule here. I wanted to make sure that the full council was able to hear this item because I actually have Certainly, yes, sir. Well, Scott, we know from the planning department, this is item, obviously that you've heard before the application is for rezoning from SF 5 to TF 3. >> The southern portion and then LC to the north. You can see this located at 53rd in Seneca. applicant proposes to develop 3 duplexes on the southern portion, which accounts for approximately 1.8, 6 acres. And commercial development. LC portion, which is 0.7, 4 acres of the subjects site. It's currently undeveloped in terms of context. We went you can see there's commercial. There's commercial zoning on other corners of this intersection. You can also see that there's SF 5 zoning surrounding predominantly besides the commercial. And you can see those been developed with commercial business is up on the LC portions. And then a single family homes and a church to the West. The staff report provides information about screening in landscaping. They're also a in a PC notes. that started attached in a PC notes included information on the need for on-site Chapman sewage. That's kind of an a area of interest in area because they do not have a city sewer. So it's on site sewer systems that they have to provide. In terms of review. The planning Commission held a public hearing on August 24th recommended approval 11 to There was one member of the public spoke in opposition with that the duplex about proposed duplex development would be would not fit in with character of the neighborhood, which is the mostly single-family. On September. 11th, the dab 6 reviewed the request and recommended approval 6 to 0 multiple members of the public spoke in opposition at that meeting, citing concerns again about the compatibility of duplexes with the single family area. October 3rd City Council. Consider the application and move to defer the item. To November 7th on November. 7th City Council. Consider the application moved to the for the item to today. Ballad protests been received and they account for 38 0. 84% of protest area 60's, the 20% threshold. Therefore, any vote to prove zone change will require a super-majority or 6 of 7 votes. Recommended actions recommend city Council dot findings of the Planning Commission approved the request a zone change place ordinance on first reading authorize necessary signatures. And post ordinance after second reading would require 6 of 7 votes. Alternatives include denying it, which would require 5 of 7 votes because it's an override of the planning commission or as always, you know, turn case to epc, which requires a simple majority for 7 votes. And then a standard note see how policy that the public hearing occurs at the Planning Commission meeting that will take you through some of the slides. Real quick zoning that here's the map from the comprehensive plan showing commercial. It's recommended. Here's the illustrations by the along with the application showing LC at the North and then tier 3 to the South. Here's notification areas identified in Orange. protest areas identified in Green again, 30.8 4%. So above the 20% threshold. Here are photos of the site and the surrounding area go through those pretty quickly here. All right. With that, stand for any questions. All right. Questions for staff. Seeing none. Let's bring discussion of the bench for the discussion. This is an item. >> It's come back to us. So with chair recognizes councilmember Ballard. There is no discussion on the board council report yours. >> Thank you, Thank you, for the presentation and rushing over here since stepped out of line. I also appreciate you helping continue to answer my 4 million questions about this case. So with that, I move that the city council denied the request, ATF 3 zoning and approve the requested LC zoning. It supported this motion. I offer the following findings. The proposed zoning use for duplexes would be out of the character of the existing single family neighborhood nears T F 3 zoning is a mile to the Northwest multiple residents and stakeholders have indicated that they are opposed to this application. The protests admitted exceeds the state's 20% threshold. The proposed zoning for LC commercial would not be out of the character. With the existing uses because all season is already president of the other 3 quarters of this intersection. The comprehensive plan recommends that commercial uses should generally be located and high traffic intersections. >> Their second, the motion. and second. there any questions to the motion? discussion if there are not then? Vice Mayor thank you, mayor. Just real >> The applicant. Okay with >> it's already zoned for single-family homes he was okay with Billings single-family as opposed to taxes. Thank you. Thank you. >> Clerk will open members cast their vote. >> Every save 70 votes. That motion does indeed >> we apologize for on your way, but share really the floor to the vice mayor for the remainder of the meeting as Saturday. have a meeting at another kind at 2.30, that I need to get to I I apologize, have never done this before. But vice mayor has told me he's very capable. You go. >> I have the authority. So. Madam Clerk? >> Designation of the Wish to State University's special Tax Levy for Kansas Development Finance Authority It and welcome. >> Vice Mayor Council members, Tim good pastor with City Manager's Office of Development Services. Again. Since 1987, the county has levied one and a half mill ad valorem property tax provide funding for Wichita State University. This is pursuant to an inner local cooperation agreement between the city and the county which allows the parties to direct how the levee is invested. W she was intending to rehabilitate Cessna Stadium, utilizing a portion of the Mill Levy for part of reconstruction, the financing for this will be provided through a bond issue with the Kansas Development Finance Authority and the city. We have no obligation or risk for that. Faces. One A and one B have been approved by the Board of Trustees at Wichita State. The phase one, a portion of the project will include the demolition of the East side stands and improvements on that East side, which include you underground utility work, a seating area for approximately 3600, which will be a combination of Bleacher Seats. Terrace is designed for tense freestanding field lights, fencing, a ticket pavilion and restroom and storage building plaza. Phase One B will begin after the 2024 Kansas State High School track and field Comp Tempe, an ship and that will include widening the field to accommodate a full-size soccer field as well as bleacher seating on the north and south sides of the stadium, a future phase 2 will the West Side structure total seeding when completed will be approximately 13,500. This is a look architectural rendering of what that would look like. You can see 20st street along the north side are top of this aerial. You can see the phase one, a area where there's 2 buildings that will be built. That mayor each other that will have men and women's Some some space that they can use for a variety of purposes as well as concessions and ticketing. And then you can see the phase One B, which is the field construction and then the future face too. This is an architectural rendering of what the 2 buildings in the phase one, a portion will be with the plaza in between them. This is an example of what the ticketing would look like. And then a multipurpose room next to it. This is what the concessions would look like on the backside of the building. Therefore, staff's recommendation that the City Council place the ordinance on first reading designating a portion of the Wichita State University special tax Levy to guarantee debt service payments by the Wichita State University Board of trustees to the Kansas Development Finance Authority and authorize the necessary signatures. I'd be happy to answer any questions. >> All right. Questions for staff Councilmember Jones. Vice Mayor. Tim? Just a quick question. I know we don't control any of designs that are there. But you mentioned the restrooms. Are unisex restrooms and changing tables in those bathrooms and a potential lactation room? I cannot answer that question. That is a great question. And don't believe anybody from which state is here. That can answer that either. >> Councilmember for. Thank you. Vice mayor to this seems like a loose and well, first off, I'm a big fan of Cessna Stadium playing there. a kid and I think it's high time. It's been renovated. absolutely necessary. So I'm I'm thankful for that. But it seems like it's a loose interpretation of the. The point of the mill Levy that this should be for educational undertakings and doesn't seem like that. this fall within the scope of what we're allowed to do with this this budget? It doesn't. The city and county can direct which to state how to use it. >> But the really only using a portion of the mill Levy. So the projected Mill Levy for next year is going to raise approximate 10.3 million out of that. They're looking at taking 862,000 that would be dedicated towards the Cessna Stadium reconstruction. The balance of that is used for a variety of other things, facilities on scholarships, stuff like that. So this is just a portion of the overall mill Levy. The balance will be from fundraising that they do or other financing is that they choose to do for the remainder of the construction. So this was forced upon the city of Wichita by state statute became from which university which state. That's exactly right. It you're exactly right. used to be that the city had a mill levy just in the city that was dedicated to the university. >> And an 87, the county decided to make that county wide. And that's when we entered into an inner local cooperation agreement to let the county manage it. >> But we have the ability it with the county to instruct how part of that can be used. >> And so how long are we on the hook for this? Then? >> For looking at a 20 year financing on this. It will be paying 20 years on this. Yes, and this doesn't include any. Potential asks for the buyer medical center, correct? That we can probably anticipate that. Still to come to potentially, it's a separate ask Which is what rather see this dollars go then to sports facility. But that's personal statement. Council member Blue Book. >> So it's 860,000 every year for 20 years, correct? >> So that's going to 860,000 lesson local scholarships, correct? >> All Any further questions for staff? Seeing none? We'll go out to public comment. Seeing none. Bring it back for discussion. No further Go ahead and recommend that the City Council place ordinance on first reading. >> Designated in a portion of the Wichita State University special tax Levy to guarantee debt service payments by the that is a board of trustees to the Kansas development on finance authority and authorizing necessary signatures. have a second. All right, clerk bring up the role. 42 with one abstention this passes. Madam Clerk. >> Central County winner Shelter funding agreement. >> Our much vice mayor members of council Troy Anderson, assistant city manager. This once pretty straightforward. This is a follow-up to the authorization City Council entered into to provide emergency winter shelter services. This is an agreement between Sedgwick County and the city of to reimbursed the city for expenses incurred as a result of providing margin. See winter shelter. Service. Or into the slides to make sure everything's on record. But back in November Council approved the allocation of approximately 685,000. For the emergency winter shelter, 20 to 20 20st Street. Cedric County Commission approved allocation up to 200,000 and county general Fund to support the shelter operation. The agreement specifically provides that the county reimburse the city. 29.2% of the amount paid by the city to humankind for shelter operation following submission of the falling copies of reports voices and proof of payment by the city to Humankind Ministries. The service provider. There is no impact to the general fund. The funding reimbursed by the county will reduce the city's overall expenditures. Funding room reviewed and approved formed by the law Department and staff recommends city council authorized a funding agreement and necessary signatures. That concludes report. All right. Questions for staff. >> Seeing Any questions or comments from the public. Seeing none as well here. he coming. I don't know if there's anything bring it back up here. Councilmember Johnson appears to have. questioner to it. >> Thanks, Vice No questions. Just want to thank our partners over at County for supporting this effort. A lot of conversation and work went into this. appreciate support. Councilmember Fry. Thank you. Vice Sally, this probably is a question for you since you hurry down here. 2 things I signed up to volunteer at the winter shelter for your ships, including one that supposed to be tonight. And I got notified that they're not quite ready. The fact they've been cited for a few ships next week and those got canceled. You estimated timeline and we're still working with humankind to work that out. There are still concerns related to the security guards are the main. >> The main issue I'm having enough security guards site to make sure that it's a campus. >> Thank Along those at the recent nlc conference we heard from the community of Tacoma, Washington, on their winter shelter. They posted even though we have a no camping ordinance in their community, they posted no camping signs within a 200 member. The Radiance. To make sure that people knew that they couldn't later or camp within that facility. I know we didn't ask for that. But I'd like for us to consider something along those lines just to reinforce that there would be no loitering or camping so that people don't come in and out of facility. It just it. Well, I don't know. That's been considered. >> It hasn't been considered yet, but I'm sure that's something we can definitely have a conversation about. It is not their intent or ours people voting. >> I understand that as want to make sure the residents of the area know that as well. Thank >> And I appreciate those comments. Council member fright. Any other discussion. All right. With I just like to extend my gratitude county in maybe in the future state to help us with this issue. This is not just a Wichita issue. These are all of our constituencies are all of our. Brothers and sisters. So with that, I would like to authorize the funding agreement and necessary signatures to have a second. It's been seconded by Councilmember Johnson, Madam Clerk, Grant the role. But the vote of 6 to nothing with one abstention and passes and >> A 23 Dash 11, Rocky Ford LLC, request island, annexation of land generally located in on the east side of South Road and within one half mile north of the East 39th Street South. >> Welcome, Scott. Yes, hello. It's got little from the planning Department. item is being presented today because it's an island annexation. State statute requires a resolution to be sent from the city to the county requesting that the board of County commissioners find that the annexation will not hinder or prevent proper growth and development. Because this generally is the opportunity for public comment on the process. So that's those are the 2 reasons why this is being presented today. About the request. The applicant is requesting annexation for 2 parcels. The requested station Whidbey Island annexation because it does not touch the overall limits the city, which are the main incorporated limits. You can see it is touching on this graphic that the city which dot city limits. But those are 2 prior island annexation. So therefore, this counts as an island annexation as explain that. Well, let's see. in terms of the property, the property site is generally located west of Rock Road as you can see in north of 39th Street. It's approximately 18.9, 4 acres in size and currently zoned SF 20 presidential. A house is located on the property with Associated Outbuildings. The majority of the site is an agricultural use. The applicant as intended, has indicated that they intend to submit an application rezone the property and to submit an application of Platte the property. And it's my understanding that they would residential housing on the site. In terms of the context to the north is LC zoning T s rezoning and also PD zoning the property's developer duplexes and single-family dwellings to the south is 3 to family residential zoning. And it's developed single-family dwellings in Agra and an agricultural field to the east as S f 20 single family residential with single-family dwellings and agricultural fields and to the West zoned Air Force Base and it is the McConnell Air Force Base. The staff report for this item provides a review services in the ability of the city to provide them to the subject site. review includes water, sewer, storm, water streets, police fire and parks terms of community plans. The subject site is within the 2035 urban Growth area as shown in Cedric County Comprehensive Plan. In terms of financial considerations, staff estimate that the property is currently developed would result approximately $816 in annual city tax revenues and approximately $70,000 in annual city tax revenues, if developed as the applicant has proposed. Future capital maintenance and operations costs for city, infrastructure and services are unknown at this time. In terms of council actions recommended city council, initiate, annexation process and adopt the resolution. And just a note on This is an annexation case, not a zoning item. So it's Recommened City Council take public comment on the item and so answering so with that, I'll take you through some of the graphics real quick. So here's the of the annexation area and showing that city limits. Here's the aerial and overlaid on that. Are the city limits as well as utility lines. You can see water and sewer located immediately to the North. Okay. And we've got additional cases likely coming forward on this property is the applicant's indicated their intent Platt rezone. It terms of the process. Again, this is the first step with the City Council resolution. Next step would be for it to go to the county commission for them to make a finding. So the recommended action is to initiate the process and that the resolution. And with that will stand for any questions. Questions percent. >> see none. We'll go out for public comment. Give them extra time here next Tucson. Now, anybody bring it back up here for discussion? All right, seeing none. I will get this over to councilmember title. As I believe, this resides in her district. Thank you very much. I appreciate it. And as always, just want to. >> Thank anyone who's willing to invest in Wichita and this will be another opportunity for we assume additional housing in district. 2. But look for dissing the project coming to fruition. And this the first step. So I would that the City Council initiate the annexation process, adopted resolution and authorize necessary signatures. >> And I will second clerk grant the rule. I to 6 to nothing with one abstention. That item does pass. Madam Clerk. >> Approval of travel for Councilmember ballot Fowler to attend infrastructure. Innovation summer, November 28th through the 30th 2023 in Washington, D.C.. >> Any discussion on this issue? Councilmember fright. going to do it. But I but maybe Johnson way. But it is for one It's because you've got to get haze like everything. After today you want to come all So with I move that we approve the travel for council member Valerie to attend the infrastructure Innovation Summit. November. 22 30th 2023 in Washington, D.C., Don't have a second second. All right. We have a second from Councilmember Johnson. Grant the role all right. 6 to nothing with one abstention that and color. >> Councilmember appointments and comments. All right. We'll start with appointments anybody. Have point. So all right. Councilmember >> Thanks. Vice we are doing the college to overlay committee and I have some appointment make for that. And to ensure that attendance is good. They're all be appointing a larger amount of numbers hopefully we get 100% attendance. But if not, we should always be able to make progress. So with that, I will be appointing Trish Heilman. Emily Taylor, Jack Patton. Tory, the Morris. Ali, a scene. Katie prosaic. Erica Cameron making Carver and Stephen Holt. Taylor Lewis. Kirk Long offer Ryan up more. Molly, look the Pretty and Chris Pump out. >> All right. Appreciate that long list Councilmember about. >> Thank you. Vice Maisel. I just like to point last even so sorry, Sea Bunnell sea Bunnell are I say Johnson. an even though yes to my Thank you. >> All right. With we have our I mean that except all appointments. So I was like, all right. Thank Bring up the role. All To nothing with one abstention. That item does pass any comments my fellow council members. Councilmember Fry. Thank you. Vice Mayor. >> just like to give a shout out they wish stop and the honoree at versus Foundation for their help. Today at Masters and those 2 groups are cooking turkeys and all the sides for about 270 families across the community that will be able to celebrate Thanksgiving. What the full meal so again, thanks to those groups for helping us and and all of our support. appreciate that. Thank you. Councilmember. Any other comments. >> With that, I'd like to take this time to wish a happy Thanksgiving to my fellow council members and everybody works at. City Hall and everyone to out there. I hope everybody has a safe and healthy holiday. Get to spend some quality time with their families. So with that, I'll make a motion to adjourn to have a second. left in second. We have a second by council member Johnson, Madam Clerk. We have to roll. Surprisingly that one passes 6 to nothing with one abstention. So thank you all and have a safe holiday season.