Wichita City Council Meeting October 21, 2025
No description available.
[Music] [Music] [Applause] [Music] [Music] [Music] [Music] Good morning, Witchaw, and good morning
to all of you. Thank you for joining us for this morning's city council
meeting. We'll call this meeting to order. With us this morning is Pastor
Ryan Emmens of Friendship Baptist Church by I35 and Pawnee. Pastor Emmens will
provide our invocation. Following that, we will have our pledge of allegiance.
And we ask that you please stand for both. Dear heavenly father, as we bow our heads in
prayer, we just know that as your word says that unless you build the house, they labor
in vain that build it. And so we ask that you would give us wisdom and direction this morning.
Yeah, I should be with our council members and our our madame mayor and give them understanding
and wisdom to help the city of Wichita that we might be the best we could possibly be. Lord, we
ask for your wisdom in the ways that would help not only for protection, Lord, but would help each
citizen be able to be the best they they can be in a city where there's lots of people with different
varying opinions and varying backgrounds. And we recognize there are many cities um problems that
we have and we we understand Lord that there are wicked people out there in the world. And so it's
our desire that we would just be the best light that we could possibly be and that you would
give us protection and wisdom discerning these types of things. We also know that your word is
what gives us the wisdom that we need for every opportunity we have. And so we thank you that
this city council meets and opens in a word of prayer to ask for your guidance in every step of
the way. And then father obviously by the crowd this morning there's a lot of people that are
here for varying reasons. And I know that days like this can be very stressful. So I ask that
you would just give calm hearts and a readiness of mind and that the proceedings would happen
very um refreshing and at the end of the day people would be look at today's meeting as
very impactful and helpful for the different tasks that are laid ahead. And then lastly we
think of Jesus Christ who died on the cross for our sins and gave his life and came back to life
again to prove he was almighty God. And we thank you for the relationship we get to have with you
because of what your son did on the cross for us. We thank you for letting us be able to meet today,
for this great nation that we have and for this wonderful city that you've allowed us to be a
part of. And we ask that you would just bless this meeting in a way that is by your hands abundant
guidance today. In your name I pray. Amen. I aliance to the flag of the United States of
America and to the republic for which it stands. One nation under God, indivisible,
with liberty and justice for all. Thank you, Pastor Emmens. And again, thank you to all of you who are still
coming in. We do have an overflow room in the council chamber um sorry, the council boardroom
on the other side of this hallway. Thank you again for joining us this morning. Madame clerk,
can you please call the first item? Approve the minutes of the regular meeting October 14th,
2025. Council members, any items to be edited? I see none. I move to approve the minutes of
the regular meeting October 14th, 2025. Second. Motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call the
next item. Awards and proclamations. Today's proclamations are domestic violence month,
national chiropractor month, and mindful ICT coming to our hearts day. May I please ask the
city of Witchah Law Department and anyone in support of the domestic violence month awareness
proclamation to come forward at this time. The proclamation reads, "The city
of Wichita, Kansas, founded in 1870, whereas the city of Wichita and Cedric
County Coordinated Community response team are committed to taking a firm position
against domestic violence and remain focused on ensuring that victims are safe and abusers
are held accountable for their crimes. Whereas domestic violence and sexual assault result in
widespread victimization of adults, children, and families throughout the world. Whereas
in 2024, more than 17,000 calls for service related to domestic violence offenses were made
in Wichita and the local criminal justice system dedicates tremendous resources to arrest and
prosecute perpetrators. Whereas the theme of this year's domestic violence awareness month
campaign is love shouldn't hurt. This campaign calls on new partners and community members
to help expand domestic violence prevention and awareness efforts ensuring that the next
generation fosters attitudes that promote healthy relationships, equality, and respect.
Now therefore, be it resolved that the Wichita City Council does hereby proclaim domestic
violence awareness month. [Applause] [Music] Good morning. My name is Amanda Myers. I'm the
executive director of the Wichita Family Crisis Center. We are a one of the shelters and crisis
centers for survivors of domestic violence. Uh domestic violence awareness month is about
educating the public about domestic violence, about supporting survivors and about uniting
to prevent domestic violence in the future. Unfortunately, I don't think that Wichita needs
any educating about domestic violence. In the past few months, we've heard about some pretty
severe domestic violence. And unfortunately, um I am going to talk about it a little bit. It's
really hard to hear, but it's incumbent upon us to bear witness um on behalf of these survivors.
There was a 20-year-old young woman who was pregnant and lost her life as a result of domestic
violence. A law enforcement officer was gunned down reporting to a domestic violence incident
in Hayes. Um a community support uh worker who we all many of us knew well um was murdered by her
boyfriend stuffed into the trunk of her car last month. Um and uh you know we made national news
as a result of a woman being brutally abducted um on a and it was recorded on a Ring camera um
and it took days to identify her. So education is not the issue. Supporting survivors is is about
honoring the heroes that stand behind me and some of whom didn't come up here this morning. The
community support workers, the law enforcement, the victim service providers, they are heroes. But
you all here today are also heroes because I know that prevention and uniting to prevent domestic
violence is a priority for this community both with the city council, the mayor, and you
all here today. So, thank you very much for this proclamation and for being here to support
survivors and ending domestic violence. Thank you. One, two, three. One, two, three. May I please ask the Kansas Chiropractic
Association to come forward at this time? Good morning. The city of Wichita, Kansas, founded
in 1870. Whereas chronic muscular skeletal pain is a widespread problem in the United States,
including Wichita, due to factors such as aging, obesity, and sedentary lifestyles, and back pain
remains the single leading cause of disability worldwide. Whereas pain medications, especially
opioids, have long been a default treatment for these conditions. However, research shows they are
not an effective long-term strategy for chronic low back pain and safer non-drug approaches are
preferred by many patients. Whereas national clinical guidelines, including those from the
Centers for Disease Control and Prevention and the American College of Physicians, recommend
that patients with common muscularkeeletal pain seek non-drug treatments first. And research
demonstrates that chiropractic care can help reduce reliance on prescription opioids. Whereas
chiropractors are experts in muscularkeeletal health and provide evidence-based non-drug
approaches to address back pain, neck pain, joint pain, and headaches while also offering guidance
on nutrition, ergonomics, injury prevention, and healthy lifestyle choices. Now therefore,
be it resolved that the Wichita City Council does hereby proclaim October 2025 as National
Chiropractic Health Month. [Applause] Thank you, Madam Mayor. Uh I obviously should have brought
more friends. I am happy to share this message though such a a packed house today, though. Um,
on behalf of the Kansas Chiropractic Association and the American Chiropractic Association,
I'm honored today to speak as we celebrate National Chiropractic Health Month 2025. This
year's theme, Get Started with Chiropractic, highlights how chiropractic care can be the first
step in managing car managing pain and improving health without drugs. The American Chiropractic
Association emphasizes that chiropractic care can help reduce reliance on opioids, supporting a
safer and healthier approach to pain management. Today, we extend our deepest gratitude
to Mayor Lily Wu and the Wichita City Council for officially proclaiming October
as chiropractic health month in Witchah. This proclamation underscores our community's
commitment to health and wellness. And we encourage everyone to take this opportunity
to learn how chiropractic care can be a key part of their journey toward better health.
Let's celebrate this month by c by spreading awareness of the benefits of chiropractic
care and by encouraging friends, family, and our neighbors to get started with chiropractic
and embrace a healthier lifestyle. Thank you. May I please ask council member Ballard and
retreat to joy to come forward at this time. Hi, good morning. The city of Wichita, Kansas, founded in
1870. Whereas Mindful ICT is a grassroots public health initiative sponsored by Retreat
to Joy created to increase both mental and physical wellness in the Wichita community through
mindfulness practices, education, and connection. Whereas Mindful ICT brings together community
partners including Network Kansas, the Rearen Clinic, Mindful Leader, and the Mindful Teacher
Community Network, MTCN, to expand opportunities for mindfulness-based learning, collaboration,
and community growth. Whereas this proclamation celebrates the inaugural mindful teacher community
network retreat coming to our hearts which honors teachers and community leaders for bringing
mindfulness into our hearts, workplaces, schools and neighborhoods. Whereas Wichita is
a community rooted in compassion, innovation, and collaboration. proud to support initiatives
that elevate wellness, strengthen connection, and showcase the city's beauty, strength, and heart.
Now, therefore, be it resolved that the Witchah City Council does hereby proclaim October 18th,
2025 as Mindful ICT coming home to our heart day. Wow. Good morning. This is the biggest crowd
I've seen and I'm so happy to be here. My name is Constance Parasa and I am founder of Retreat to
Joy and it was a lifetime in the making. I come to mindfulness from mental illness background
and right now we have collective insanity going on. It's it's an epidemic. So 57 million
Americans struggle with depression, anxiety, relationship problems. That's one in four canons.
So my company has been around for 10 years and I have it's the biggest transformation I've had
in my mental health and I could give you you know some occurrences but we don't need
to go there. This is fresh. So this came about it's a public health initiative because
the old ways that we've treated just mental illness is it's not working. So mindfulness offers
more prevention management of excellent mental health. So I'm very happy that I was teamed
with Rearen Clinic Network Kansas Mindful Leader and Mindful Teacher Community Network.
and we're going to pick up other businesses, other individuals along the way who can
contribute to mental wellness. Thank you so much. May I please now ask the nonprofit organization gathered and its supporters
to come forward at this time. The city of Wichita is recognizing gathered and
issues this certificate of recognition in honor of dedicated service to the children and families of
our community through collaboration, compassion, and innovation gathered has strengthened the
network of care surrounding Sedgwick County's most vulnerable. Their commitment to supporting those
who care for those others embodies the spirit of unity and service that defines Wichita. The city
of Wichita celebrates Gathered's fifth anniversary and continued efforts to build stronger families,
connected communities, and lasting hope. [Music] Thank you. It's such a great opportunity to serve
the community. Um, this is my plug, gathered.com. If you want to help us build a continuum of care
to support the vulnerable children and families in our community, we would definitely appreciate that
because um, anything that we're facing, whether it's domestic violence, drug addiction, other
substances, um, that's a community problem and the only way we'll um, solve them or get any progress
is working together. Thank you. [Applause] [Music] One two three. Tuttle to come forward. Matt Martinez and the parks and recck department
to come forward at this time. Good morning. Good morning. Good morning. Thank
you. I'm Becky Tuttle and it is my honor to be here today to recognize someone whose vision and
dedication has transformed the way Wichita moves, connects, and celebrates our great community.
Matt Martinez. Matt is the recreation supervisor with the city of Wichita Park and Recreation
Department. Back in 2016, Matt traveled all the way to Portland, Oregon to see how their open
streets events were done. He came home inspired, full of ideas, and determined to bring the
same energy and sense of community to Wichita. And because of his passion and his incredible
leadership, the very first Open Streets ICT was held in 2017 on Douglas Street. That first event
was something special. We closed more than four miles of Douglas on a Sunday in September. All
to get people outside, active, and connecting with other people and local businesses. More than
15,000 people came to the first Open Streets ICT event to walk, dance, scooter, stroller, and
explore our beautiful downtown. Many saying they hadn't been downtown in years. And from
there, the event has just kept growing. It's estimated by 2019, we had 35,000 people attend
Open Streets ICT. But Matt didn't stop there. The success of Open Streets ICT on Douglas
inspired other neighborhoods to want to join in. In 2019, community leaders in Nomar reached
out to MAD wanting to host their own Open Streets ICT on 21st Street. And of course, Matt jumped
right in to make it happen. And then in 2022, Wichita State University came on board hoping
hosting their first event on 17th Street. Since then, Matt has been organizing three Open
Streets ICT events each year on Douglas, in Nomar, and at WSU. Each of them brings thousands of
people together to be active, engage with local businesses, and enjoy everything that makes
Wichita so special. behind the scenes. People don't see it, but Matt works diligently with park
maintenance, with the Wichita Police Department, and community partners and other city agencies
to ensure every event is safe, successful, and enjoyable for everyone. His teamwork
and attention to detail have been key to the program's continued success. The impact has been
incredible. families getting together outside, neighbors connecting, local businesses thriving,
and a stronger, healthier community. The feedback from residents has been overwhelmingly positive,
and it's clear that Open Streets ICT has become one of Wichita's most beloved traditions.
Matt, your leadership, energy, and passion for the community has made a lasting impact
in our city. On behalf of the city of Wichita, it is my pleasure to present you with the Open
Streets ICT Championship belt and a symbol of your championship spirit and your dedication
to make Wichita a more active, connected, and vibrant place to live. Matt, congratulations and
thank you for all you have done for our community. Thank you so much, Becky. Um, I appreciate
everybody's support. If it wasn't for the team behind me, these events couldn't happen. So,
I appreciate everything and, uh, it's a great team to work with, and I look forward to the next
Open Street coming up in April. Thank you so much. [Applause] [Music] You guys are a team. One, two, three. One, two,
three. Thank you. [Applause] May I please ask the Wichita
Airport Authority and all its staff, including most especially Valerie
Wise, to come forward at this time. Good morning. This distinguished service citation marks
31 years of service to the city of Wichita. This certificate and award is for Valerie
Wise, presented in recognition of dedicated service rendered to the community and
citizens of the city of Wichita, Kansas. In her 31 years and four months of service,
Valerie Weise has served as an an administrative secretary, administrative aid, air service
development coordinator, principal planner, air service and business development administrator
and is now retiring as division manager. We want to say thank you to Valerie for her
dedicated service to the citizens of Wichita. [Applause] It was in 1994 when I applied
for the administrative assistant position, never ever thinking I would get the job because
I was six months pregnant. And my husband and I thought there's no way. Well, God had another
plan for me. And in April of 1994, Bailis Bell, who was the director of the airport,
hired me. Later, I asked him, you know, why did he do that? And he said, well, you're
going to get pregnant sooner or later. So, so I I had no airport experience, but I quickly learned
the job. I studied the the consultant reports. I learned from my mentors and I quickly learned
how dynamic and exciting the airport industry is and I just loved it and I learned and I studied
and got involved in more projects. 12 years later the air service and marketing position opened up
and Victor White was the director at that time. I reluctantly applied for it because it would
involve public speaking. It would involve media interviews and I was always one to shy away from
the camera, but I felt I could do it. And so I applied the very last day that they were taking
applications. And once again, God showed up and he got me the job. And I will have to say that um
it has been a career that I have loved. Um I have enjoyed the people in this industry. My co-workers
back at the airport authority are the best people you'll ever meet because they are hardworking.
They are dedicated to the airport and to its success and its safety. And they're fun people and
they're like family to me and I will miss them. I've had the privilege of meeting so many people
in the city, um, leaders in the city that I would never have been able to meet before. They're good
people. There's so many good people in this city. Um, as I reflect on my career, I'd like to think
that I leave the airport in a good position. We are seeing record traffic. In fact, the first
quarter of this year, we had lower average itinerary affairs than Kansas City had, which
has never happened before. Um, so I want to thank Jesse for putting up with me. Of course,
I think it goes both ways. uh and um my husband, my family who have um not seen me much during
my career because I put in pretty long days. But um I feel like any successes that I have
had have been blessings from God and he gets all the credit. I want to thank you for this
recognition. [Applause] [Music] [Applause] [Music] One, two, three. One, two, three. Thank you, [Music] Madame Clerk. Please call
the next item. Public agenda. The public agenda allows for up to five speakers to have
five minutes each to address the council. No action will be taken relative to items on the
public agenda other than referral to the city manager for information as necessary. Speakers
will please state their name and address for the record. A time clock will display the
speaker's remaining time to speak. Order and rules of decorum will be observed. The first
speaker for today is Arthur Stokes, Black Mold. Good morning everybody. My name is Arthur. Uh
I'm at 2614 South Topeka apartment 202 and I'm speaking on the topic of black mode but it really
tops on the topic of environmental indoor health quality. It's it's like the mental health but
indoors. I mean, you have a a lot of different uh type of indoor problems and uh mold is to me
it's kind of sneaky. You know, you don't really have it's kind of like COVID 19 that we just
experienced. you don't really have a list of one group of symptoms from it. And uh you know it it
it really sneaked up into my life. You know I had so many different symptoms from it. I had planned
it uh this morning to try to get uh speakers in, but I I I'm end up I'm doing what I can to hold
the podium. I've been talking to a lot of people and people just aren't really processing on how
really graphic this topic really is. You know, we don't really want to talk about that. This is
a topic, you know, it's it's kind of underground, but you know, my target is to try to like bring
people in that spent more money. But uh you know and let them share their experiences and strength
and you know and talk about really how really bad this stuff has really affected them and you know
trying to come out on the other side. I feel like uh this topic chose me. I didn't choose this
topic because it it affected me. You know I have uh I have numerous of experience. I have an
athletic background. Uh I played some high school allameans. Uh one of them was OJ Simpson's protege
Tyrone Young who's now deceased. And uh you know life hits us all in in some type of way. This
was one that was, you know, really had me looking around with, you know, trying to keep inventory
on my life and, you know, my finances and stuff and the the amount of uh goals that I had set for
myself, I came up really short. I mean, this this stuff can really clean you out. It can clean your
bank account out. Big farmer can clean your bank account out. So, you know, my goal is if uh to
try to talk to legislature, city council, and uh next year hopefully try to bring more people
in on this with me. This is such a huge topic. Uh we have the auditorium full this morning.
The auditorium should be full of people that have stories to share uh about how this stuff has
affected them as well as their families. I mean, I' I've talked to a few. I think I'm going to
get a few on board, but you know, it's it's a slow process in getting people to open up. I think
a lot of us are really not processing uh how this stuff has affected us or else they're embarrassed
to how much money they spend in remodeling the house. And then when you talking about finances,
you know, all of us want to cover that up. I mean, I don't have a whole lot of money. So, you know,
I didn't have no problems in open up. You know, it's it's still affecting me. I have uh yet to get
uh ulcers, but I'm right on the mountain for it. So, I I really have to be cool. I have to kind of
like stay defused from uh external situations that I can't control because uh I don't want users, you
know, uh I'm going to pick one of these meetings to talk about my early experiences and challenges
that almost took me out. So, I feel like I'm a miracle being here. If the council members have
anything to add or say. Thank you, Mr. Stokes. Uh, you may have a seat. We will have comments.
Council member Johnson. Thanks, Mayor. Thank you, Mr. Stokes, for being here and continuing to use
your voice as always. Sorry that you went through that experience, but uh, promise kept today.
We have items to hopefully address that. Um, we'll see how that goes today. But there are a
number of things uh in our first item that would address the things that you've talked to us about,
you just again appreciate you continuing to use your voice and show the living conditions that
some people have to deal with here in Witchah. I know that we have a lot of new people in the
room at the current moment. There is an overflow room across uh the hallway if you would like a
seat. Um there are also some seats right at the front if you would like to again have that seat.
In addition, I just wanted to make uh folks who may not have been to city council before aware
of public agenda. There are five individuals that have signed up either early um or will be
able to speak uh during public agenda. However, the very first item that I think a lot of you are
here to speak about will be coming up in shortly. So you don't have to speak during the public
agenda. There will be public comment for that item. Madame clerk, can you please call the
second individual? Rhonda Whiters, public safety. Is Rhonda here this morning? Madame Clerk, can you please call
the third individual? Laura McIntyre, Religious Freedom and Human Flourishing Summit. Good morning. I'm here to announce not only to
the city council but to everybody present that on this Thursday, October 23rd from 9 to 1:30
p.m. people from all faiths and no faith at all will gather at the Wichita Marriott for the
Kansas Religious Freedom and Human Flourishing Summit. This gathering is free and open to the
public. It is not a conference for one religion or one point of view. It's a chance for all of
us to come together, learn from one another, and explore how the freedom to believe and to worship
contributes to the well-being of individuals and our entire community. The theme for the summit is
religious freedom and human flourishing. Studies from across the world have shown that when people
are free to live according to their conscience, to gather in community, and to express their own
values, everyone benefits. People are healthier, communities are more resilient, and nations are
stronger. At the summit, we'll hear from three respected leaders and scholars who've devoted
their lives to protecting that freedom for all, including those who believe differently.
There will be time for a dialogue and asking questions and building friendships across
faith lines. Uh we believe that religious freedom isn't just about protecting rights, it's about
promoting respect. It's about creating a culture where we can disagree without division and where
differences become a source of strength. So again, I invite everyone on this Thursday in two
days to come to the Wichita Marriott at 9:00 in the morning for the Religious Freedom
and Human Flourishing Summit. Thank you. Thank you, Laura. Uh, city, sorry, Vice Mayor John Stone. Thank you,
Mayor Laura. Thank you very much for uh coming to speak and promoting the event. Uh, I plan on
being there at least for part of it. So, uh, I do appreciate it and I think it's a great thing in
our city to get everyone together. So, thank you. Madame Clerk, can you please call the fourth
individual, Karen June Cahale, homelessness It's me again. Um, now last year, um, last year
when I spoke to you, um, I talked to you about some initiatives about homelessness that actually
have been proven to work, like direct payments to people. Now, instead of making the direct payments
to people, you've been spending $440,000 to clean up the encampments, but you could have just given
that money to the people and they could have, you know, added that to what they had and got
some place to live. And um you decided to go ahead and go your way. That's what you did last
year when I talked to you. And um this is where we are now. I mean, $440,000 to clean up homeless
encampments when you could just give that money to the people that are homeless and they'd have a
home. It doesn't make any sense. You're um keeping people homeless, you're wasting taxpayer money.
And do you know that with I don't this silly thing where you have to have three times the income for
rent. Um I have never in my life except for two years had three times my um my my rent and income
ever. And some of us are poor. And for somebody, they say the average price of an apartment is $600
to $1,200. I go with the middle 800. But to rent an apartment that's $800 a month, a person working
minimum wage would have to work 80 hours a week. 80 hours a week. You'd have to make $15 an hour
to only work 40 hours a week to be able to rent that apartment. And so I I think that's stupid
and we should get rid of that. And um that's the way I feel about that. And also um there's some
policies that county um that's making people homeless that are on social security because if
if they set your you know if you don't have if you get arrested in in January for probation violation
you did in December. You don't go to court until February 22nd and then you get out March 5th which
should have been 3 days after. Um, then the court sets your official hearing date two months before
your hearing. And so that way the jail gets $400 a month. And you get saddled with a threemonth
overpayment. And you come out of there with two months not paid, plus you're not getting your
whole check. And the average um social security check is like $1,800. So that would be a $5,500
overpayment they'd get saddled with. So that the jail would get $400 a month. And um I think that's
a bad policy that needs to change because social security law says that until a person is convicted
and sentenced and they start serving their time ignoring all time before the the the the trial,
there has to be 30 continuous days that they're locked up. But if if you only get sentenced to
three days, then there shouldn't have even been an overpayment. But you're sad with $5,500 so the
jail can get $1,200 and you're homeless. they're causing it for some people that are on social
security and that's ridiculous. And um I heard you talking about um the thing about the tenants
and the um the landlords and I'm wondering why um the landlords would be mad. I mean, why aren't
you working with them to help them get the grants for the community, you know, or the block grants
or the the 504 thing? I mean, there's grants out there to bring things places up to code for
low-income people. So, why aren't you guys working together to help them um get those grants? That's
another question I have. And um anyway, those are my concerns. And I just um sometimes get a little
frustrated with you guys um spending all that money on cleaning, throwing people's stuff away.
I mean, there's people they already don't have enough stuff. I mean, they already are already
out there homeless and you take all their stuff away and go throw it away when you could just give
them the money so that they could have a place to live and it would make a lot more sense and then
we wouldn't have any homeless people. And um I'm done. I'm not going to use the rest of my time,
but thank you. [Applause] I'm going to ask for some decorum in this council chambers. I know that
there's going to be a lot of conversation between two stakeholder groups. I'm going to ask that
clapping stop at this moment just to have decorum here in this chamber. Um so I'm just asking kindly
to please follow the rules that we have had set for council chamber uh decorum. Council member
Johnson. Thanks Mayor. Uh to our last speaker, just two of the points that you made. Um your last
one, the Kansas Housing Resource Conference is a great place for landlords to go and learn about
all the resources there and get connected with that. Our um housing director also goes to that.
So that is a great place to do that. I believe it was your second point. Um that is not a policy of
the council that folks are required to pay two or three times or make two or three times their rent.
That's up to the property management company or andor landlord. Um, to your point, it is very hard
for some people to to do that. And that's why some people live in substandard conditions today. Two
people can be fully employed, gainfully employed, and not make that amount, and they cannot move
from wherever they're at. That's a terrible place, and go to another one just because
of those arbitrary rules. But again, that's up to that property management company and
landlord. Um, that's something I've been saying for a number of years and I hope more people
pay attention to that and understand that it is um causing some people to not be able to have
housing even though they can afford it. They just don't make that that amount of funding. But
I just wanted to highlight that's not a policy of the council that's in the free market. I just
want to address something uh since this topic was regarding homelessness on the agenda. Uh the park
and recreation operations uh is available online for folks to see. Um homeless remediation. Uh in
2023, there were 289 work orders totaling 229,795. So far this year, there have been 375 work
orders and the total cost has been down to $156,74 and that is due to having this now
inhouse rather than contracted out. Um again, the topic was regarding homelessness on um
the public agenda item. This means that we have two open spots for anyone who would like to
address the council on any other topic beyond the scope of what we will be talking about during
council today. Are there any individuals who would like to address the council? I see
none. Oh, I see someone right over here. Can you please state your name and your
address? My name is Sarah Cowling and my address is 2116 South Senica number
302. I actually have an address now. Um, uh, I just wanted to speak on kind of building on
something I wanted to I guess I talked to Steve from housing and the municipal ID has been it's
been a really good idea and it's helped a lot, but there's been a couple things that I wanted
to address cuz I've got some friends like right now like we're not going to be able to house all
the homeless by the winter, but it's going to be cold. And so I kind of talked to some people out
there and one thing that I'm seeing is um a lot of people have like menial warrants, things for like
missed court dates out there. And I just wanted to ask for like maybe a recommendation as uh how
we would go about maybe changing some policies that when people come in for like the municipal
IDs, if they have warrants for those things, maybe setting out a court date. Um, I presented
something to you guys, I think in March, talking about like how costefficient it
would actually be to in order for them to set out court dates instead of have people
arrested, book them, house them just to come out and get an ID because right now the easiest
thing they tell people is if you go to jail, you can get things taken care of. You know, I
think that's a lot of wasted money and a lot of wasted effort. And it also reduces the security
that these people have. You know, we have people that don't want to get caught because they don't
want to sit in jail where, you know, you might wait a month or two to go because you missed court
and being out there not having a phone or even like a time something to remind you what time it
is. You know, I just there's a couple things. Um, another thing that we're finding people are having
issues with with the I9 compliance is that um it's not on the drop- down menu. So, some people are
still not taking those uh municipal IDs. Um, that's basically what I have for right now on this
topic. So, I'm glad to see you guys. And I'm also in the civic engagement academy and supposedly
next week you guys are supposed to be there at least some. I hope to see all of you. Thank you
very much, Sarah. Thank you for participating in the citizens engagement academy. Um, we really
want to have more individuals in our community participate in that and I'm glad that you're now
housed and uh talked about the municipal ID. Um, I do want to make mention that tomorrow, sorry,
Thursday, second chance Thursday is happening um over at Evergreen Community Center and
Library. again this Thursday, October 23rd, from 9:00 a.m. to 4:00 p.m. That's where you can
have um resolutions regarding traffic uh notices to appear as well as environmental warrants.
Uh so again, that's second chance Thursday, this upcoming week. Council member Glasco, Sarah,
thank you for coming out today. Congratulations on housing and congratulations on moving to
District 4. um I'll be your representative and so if there's any way um I would love to sit
down oneonone and talk about some of the items you just mentioned and so my email is d glasscock
atwitchaw.gov um reach out and I would love to connect over coffee. Thank you council member
Hoheisel. Thank you mayor and thank you Sarah for coming up. Um I'm wondering if our comm staff um I
just like to echo the mayor's uh sentiments as far as second chance Thursday goes. I wonder if maybe
we could print flyers with those and have them up there whenever we are doing IDs. Um, just that way
people are aware of when those are coming up. So, more a comment to our comm staff to maybe
see if that's something we can jump on. We have room for one more individual
who would like to address the council. Thank you, Mayor Woo. I would
like consent agenda item number eight pulled from the agenda for
separate discussion. Thank you. I see no other individuals as we had five
individuals speak for public agenda. Madame clerk, can you please call the next item? Consent agenda
items 1 through 16. Council members, items to be pulled. Council member Tuttle. Thank you. I
would like to pull item 15 and 16. Thank you. I will pull item number eight. With that, I will move to approve the consent
agenda without items 8, 15, and 16. Second motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes. 70. We will go in numerical
order. We will start with consent agenda item number eight. The subject is funding for
Crystal Prairie Lake Park phase 1 in council member Maggie Ballard's district. I would like to
get a briefing regarding this um project and also I would like to know if this project will have any
further phases. I know that the community has been uh shown graphics and renderings regarding future
plans. I would like to know if that is happening. Mayor, I'm going to ask um maybe Reggie Davidson
to talk about the park as a whole. I will tell you the approved capital improvement program has
$2,250,000 over a 10-year period allocated for um improvements at Crystal Prairie Lake Park. Reggie,
you can correct me if I'm wrong. I believe that is for bike path extensions around the lake. None
of the development that is outlined in the master plan other than bike trails is anticipated at this
time. At least that's my understanding. Reggie and Tim. So Tim's going to give a overview
of where we are with the process. Uh but the master plan was done uh roughly about
10 years ago with Crystal Prairie Lake, what's going to be the improvements and
the first phase of that is going to be the trail and access to the park and the
parking lot along Hoover in that area. So, we're in the process now getting ready to go
through our park master plan and part of that is going to be looking at all of our assets
that we have and see how we move forward with future development. So, that's kicking
off uh at the beginning of next month. Hello. Uh Tim Kellum's public works and utilities.
Uh so, a little bit of background on January 7th uh earlier this year, city council approved
supplemental design agreement number three with RDG. RDG was part of the team that has worked on
the master plan. Uh and they've been working here in Witchaw for decades and on the project for
for many years. Uh so this was a a supplemental design agreement to kickstart uh phase one
for improvements. I will note that there is um public art as part of the project that'll be
coming back to uh city council at a later date. So that's not part of this uh agenda item. Um so
analysis just kind of giving you a graphic on on uh the project. This is pretty similar to what
was shown uh back in January. The parking lot has uh moved uh to the north to help increase with
traffic flow. Uh made more sense to move it up there. Otherwise, the uh project has stayed pretty
much exactly the same as what was presented to you uh in January. Uh so kind of a brief overview.
It'll be a multi-use trail along Hoover Road. There'll be a gravel parking lot. Gravel
parking lot is is proposed because if there are future improvements, we're not building
some giant parking lot that we're going to have to renovate or move later. So feel that
gravel parking lot would be a good idea to do for phase one. There will be a fence around
the landfill. Again, that's to help separate the park from the landfill. Right now, there's
no fence, so we need to put a fence in to help uh protect the park and the landfill. And then the
multi-use trail will ultimately go down to um will be along Hoover Road and will collect uh Crystal
Prairie Lake Park down with Cedric County Park. Um here is a graphic uh showing
the illustrious site plan. Um, I will note that uh kind of going back one
slide here, the uh Crystal Prairie Lake will uh or the trail along Hoover Road, there are a few
gaps in that project connecting from the Crystal Prairie Lake Park down to Sedick County Park.
The renovation or um improvements along Hoover Road will help create that connection.
So ultimately, there'll be a connection um after these two projects are done connecting uh
these two parks. So, just a lesser site plan again uh creating a connection. That's 45th Street uh
on the left there. So, that will um be able to go into the park pretty smoothly. Um there will
be a trail that runs along Hoover Road. Um kind of going down here a little bit further. Again, uh
trail will be inside the park moving it off of the um off of Hoover Road. This allows some separation
and provides a safer environment for users. And again, there'll be a seating node with future
art in that area. Again, that's not part of this conversation now. We still need to go to design
council for approval. And then there will be a pedestrian crossing across uh Hoover Road there
connecting, I believe that's Edgewater Development to the park. So, creating a safe signalized uh
crossing um for pedestrians to go back and forth between the community. Again, this will be going
down further. One of the biggest challenges with the project is getting under K96. Uh so that's
kind of we've had been having conversations with K DOT uh in order to do that. Um there'll be a
retaining wall under the bridge again trying to make sure that we provide a safe environment
for all users and eventually we'll go down and connect to the u the existing trail. You can
kind of see there at the lower part of the screen uh that they'll connect again into the existing
pathway that's already there. Just a few photos uh of kind of some examples again. You see there
on the left example of a trail under highway. Pretty straightforward. Uh biggest thing is
just getting that retaining wall in to make enough room for the trail. And then there'll be
the uh signalized crossing to to allow people to get across Hoover Road. Just want to chat a
little bit about um the donation agreement. Um there was a donation uh made to help uh kickstart
the project. Uh that was $1 million and again that was part of the uh agenda item that came before
you on January 7th of this year. Um there is um about $2.5 million in ongoing projects for
Crystal Prairie Lake Park. Again, part of that is the $1 million donation to help start the project.
And then there's $50,000 allocated for our work. Wanted to pull a few notable uh provisions
within the agreement. Um, again, that was the uh donation there that uh notes the $1 million
that will be donated. And then here just kind of want to describe exactly what park is agreeing to,
what the state is agreeing to. Um there is you can see there on point B uh the minimum donation of
one to one uh over the aggregate of the term. We would then be fulfilling that agreement by already
by allocating the money to do the project. So we would be absolved of any required future matching
or anything along those lines. Uh with this did want to point out here that the um these are
future funding. I will point out that there is ongoing section. Uh I'll go back just one slide
for you or a few slides here. There is that 2.5 roughly. It runs out to about 2.6 if you add in
the art budget that was already approved. That's already in the ongoing section. So, we're here
today to help initiate the remainder of those funds that was uh allocated in 2000 or 2025. And
then here is the remaining funds uh allocated in the CIP for Crystal Prairie Lake Park. There's no
associated grants or agreements or anything along those lines with future funding. This is just uh
wanting to help push forward, continue to develop the park. We know that it's a big interest of the
community uh to uh have improvements and get this park activated. So that's what this is for. Um
so staff recommends initiating um $2,370,000 um with a budget of a little over 2.6 million. Um
the law department has reviewed and approved the amending bonding resolution and has recommend
that city council approve the revised budget, adopt the amending bonding resolution, and
authorize the necessary signatures. And I'm happy to stand for any questions. Thank you.
questions from council members. Beginning with council member Glasco. Thank you, mayor.
Can we go back to slide three real fast? Okay, just to confirm, when we're talking
about the blue area that says future phases, those are bike lanes. Those are not phase
alleged uh development projects in these areas. Uh correct. We don't know. You know, we have the
master plan again. that that's an old master plan that uh is a great thing to kind of provide us
as we move forward. But no, I don't think we have anything locked in place or anything along
those lines. I think Reggie mentioned having the uh the systemwide park master plan will help us
determine kind of what's needed in the community. If something should come up, that'd be great. But
no, there's no So that's not what these future phases are. Correct. Yeah. If it if they're
bike plates, great. if there's something else we're g want to get feedback from the public for
that. And then can we go to slide 12 real fast? So this this will work. Um with the second one,
the future CIP funding is not associated with any grants or agreements. Um our except or our
accepting of the donation doesn't stipulate or require anything beyond the economic match.
Correct. Correct. We would by I guess moving forward and doing the project for this first
phase, we would fulfill the agreement of the matching requirements. There's no subsequent
things we have to fill. Correct. You're correct. Thank you, Council Member Hoheisle. Thank you,
Mayor. Um, Council Member Glascock just answered one of my questions here. Uh, can we go back
to slide 10, please? Okay. So essentially, we are we obligated to do 200,000 a year or if
we decide not to do 200,000 a year, um what does that agreement look like? Does that just simply
mean that the donation wouldn't come in in that amount? So if it's 800,000, would it just be
matched up to 800,000? Um I believe right now we have um the $1 million to help get through the
project. I'm not sure exactly uh the exact timing of all the funds that have been paid. I'm not sure
if uh what Mr. Russell's numbers are on that yet, but I do know that obligated to provide that $1
million. Okay. And he did donate in 24. Correct. I believe so. Yes. Okay. And that was before
we had the agreement signed. Correct. Okay. So, we brought it. Wait a second. Uh no, I believe
we do have Yeah, I guess that would be from 23 to 27. So, yes. Okay. And 25 is when the agreement
January 25 came to us. That'd be correct. Yes. Okay. Was there any violation of policy in that
or as far as um locking in an agreement before it comes to council? Uh I'm not sure. I have to ask
the city manager or law to help with that one. council member. Uh, no, we had we had
that money um in an account and if the council had not approved the project, we
would have returned the funding. Okay. So, it had not been spent it has not been spent by
the city at this point. Okay. So, that would have just been that would have just canceled
the contract if we had not approved it. Well, there was no contract to cancel if you had not
approved it, right? Okay. I I see. Um, and just a bit more history about this project. It was
a $25 million project a couple of years ago and we took that money from the CIP and spent it on
fire stations if I remember correctly. I I think some funds may have been used for the ballpark
as well. I don't recall exactly what where and where all those went. Okay. Yeah. Um just wanting
to just put that out there to the public as well that it was a $25 million project and now it's 2.5
million. So, I appreciate that. Thank you, Mayor. City Manager, my recollection is a portion of the
funding was uh used for the uh baseball stadium. Council member Ballard. Thank you, Mayor. I was just going to ask Bob
to clarify that there was $5 million in the CIP that was pulled for the uh ball stadium. Thank
you. Can I go back to the map one more time? there. Thank you. Again, the proposal that came
forward 10 years ago is not the same proposal that is here before us in 2025. Is that correct?
In the master plan, there was always a trail along Hoover Road. This is just a portion of that. So um
guess this would be a part of the master plan but the big ideas that were part of the master plan
um they have not come to fruition and they're not uh planned or anything beyond them staying in the
master plan. I will ask that question to the city manager. What are beyond our commitment to just
make sure that there is a connection between Cedric County Park and Crystal Prairie Park.
Do we have any other commitments that we have? um outstanding with this person who is donating a
portion of the dollars? No, mayor, we do not. And and in fact, I think the future of this park
will be determined by the park master plan update. And I know that the community has seen
u renderings of uh the proposal of this master plan for this park. Can you tell us how likely
that actually is going to come to fruition? Well, until the council considers uh the new master plan
or the park plan, it's hard for me to answer that. The council when it diverted money to the baseball
stadium at that time, they stated their intent not to move forward with the original master plan. Um
but that can always change with every council and then when a new plan comes forward, um it'll be
up to the council to make a decision on what they would like to do. Um I and I can't guess where
we'll be after, you know, during that process. And again, this will just be a 10-foot uh
multi-use sidewalk that can have bicyclists, scooters, individuals walking, and it
will connect the final piece between Cedric County Park and Crystal Prairie Park.
Is that correct? Uh yes, in conjunction with the uh Hoover Road project. So those two tied
together will help make this total connection. Thank you, Council Member Glasco. One last
question. The item we approved in consent, item 4A, is part of this contiguous path that's
going to connect this project, the existing path, and then uh the project approved in 4A will
be the final connector from Central County Park all the way. Correct. U I'm not sure what
Yeah, I'm looking at a map that may show that Paul Councilman Public Works and Utilities.
Yes, that will connect the path. That is a Hoover Road project that is uh scheduled
to begin construction in 2026 from 21st Street to 29th Street. Okay. Thank
you. I see no further questions for staff. Thank you. We will now open it up
for public comment regarding this item. Thank you, Mayor Woo. Um, Celeste,
West Witchaw, longtime Witchaw native. The reason why I bring this up, and I
apologize to everybody who's waiting, is what bothers me about this whole situation
is we accepted donations from a local developer, Jay Russell, two of $200,000 in 2024 before we
had any kind of agreement with city council. And there is a policy, I'm just not able to pull it up
right now. I think it's an administrative rag that discusses accepting money ahead of your approval
of accepting that money. He also, you know, as a local developer, has been advertising Crystal
Lake on his subdivisions for years now. Edgewater advertises the lake. If you go to his website,
he's been advertising Crystal Prairie Lake Park for years in the hopes that his donations would
spur you to do this development out there. And it says phase one. So if you say phase one, that
leads me to believe that we could be going on to phase two and phase three. Not that we are,
but it could lead to the $9.5 million he wants for Crystal Lake Prairie development. And that was
in the original master plan. So, I guess what I'm here to say is I know he makes compa campaign
contributions and I'm not going to go there, but my concern is when you accept money from
developers a year ahead of having an agreement, you're going down a shady path with our taxpayer
money. So, thank you for allowing me to pull this agenda. I won't go on any longer, but I'm
concerned it's phase one. What is phase two going to cost us? And that's why I'm bringing
this to your attention and I will find that administrative regulation and send it to Bob when
I get back to the office. Thank you. Thank you, Celeste. Council member Glascock. Mayor, one quick
question to Bob just to solidify the fact any phase two, any phase three beyond what we passed
today would have to come back to this body to be approved and have some public comment. On multiple
occasions to start off with, it has to be in the uh park plan. Second, it needs to be in the
CIP and actually a third time then you have to approve the project. So, a lot of action and
review by the council and the public. Okay. Thank you. And one more clarifying question. Since
there were dollars allocated in the CIP in 28, 30, 32, and 34 those are for what phases or
what will those dollars be used for? Mayor, right now those are placeholders. Um, if you were
to ask me today, I would say probably for bike path extensions, but the projects had there are no
projects that have been designed and the council actually would have to approve those projects
before they go forward. And I and I said before, I think the park master plan will determine
direction for the park going forward. And again, that park master plan will begin next month. So,
we will have lots of opportunities for community to be engaged in the park master plan process as
we're wanting to be cognizant that we have over 120 parks. Um, and we want to be responsible
with the assets we currently have and think forward with what to do with our park system as a
whole. So, again, this will only be for phase one. uh even if there were other phases beyond today,
they would still have to come back to the council for public comment. Is that correct, city
manager? That is correct, Mayor. Thank you very much. Council member Hohheisle. Thank
you, Mayor. Uh Miss Ret, um could you please also send that email to the rest of us as well
as soon as you find that administrator, right? All right. Thank you, ma'am. Thank you. Anyone
else from the community who would like to speak? Yes, I'm Craig Gable, 150 East 44th Street South.
And I didn't come here to speak on this issue, but it came up. Um, any I just wanted to point out
another thing. If you, and I'm taking this picture from my head, whatnot. There's no housing to
the east because we've got the landfill. There's no housing to the north and whatnot. There's no
housing to the south because the highways there. Now, we're going to make some kind of crossing
thing, but I don't remember much housing over there. So basically this park and this expansion
and this what we're talking about today is going to have one beneficiary Jay Russell and his one
community or multiple communities. He's building it to the west of it and it just doesn't seem
quite set quite right. You know what I mean? When was the last time we built a spent $2.5 million
on a park in South Witchah? Long time not. So, and I said there would be beneficiaries all
the way around because there are no areas where there's land. Well, maybe the sewer plant
might keep keep it, but you know what I mean? You there's and then the maintenance for years. These
are just the beginning numbers. What is it cost to maintain a park? Especially when you build it up
so that it's made for daily use for people getting in there and use it. You've got to mow everything
right down at the water. You've got to keep it up and stuff like that. And we're having a hard time
with that. I go to Watson Park and it's covered in trash. It's not being taken care of. It's eroding
into the ponds and stuff like that. Let's spend the money on the assets we already have instead
of expand them out for a single beneficiary. Council member Hoheisle. Thank you, Mayor. Uh
thank you, Mr. Gable. A couple of points. One, we do have to work on uh connectiveness throughout
our community. So, it's not just the beneficiary of somebody nearby, but it's the beneficiary of
anybody on the north side or west side who wants to get from one part of town to another. Uh,
I'm glad you brought up uh spending on parks down south. I guess you're not familiar with
the $5 million we spent recently on Clap Park. Uh built a playground for kids with disabilities.
So, it's really neat. I encourage you to come out and check it out. There's a big boom. You can
take a kid up on a wheelchair. They can go to the top of a slide, go down the slide. zip lines
for kids on wheelchairs, a little section for kids with hearing disabilities to actually be able to
talk to other kids as well. Uh like a little sign language post. And as far as the sewage treatment
plant goes, yeah, I'm hopeful that after the major odor control upgrades that we have going on right
now, that should be complete this time next year, that there will be a lot more room for development
down south, both with anemities and with housing as well. So, I appreciate your opinions on
this, sir. I just wanted to offer a little more background as far as the things we do have going
on down south. Council member Glascon. Thank you, Mayor M. Greyel. Thank you for speaking.
I'll also kind of tack on to what Councilman Hohisel said. We've invested in the last couple
years more than $1.8 million Pony Prairie Park a little bit further southwest. In addition,
we just approved the Oage Park Fitness Court, which will be the second in the community. Uh
the other one is over in district 6 in Maggie's district. We spent more than 130,000 for an
outdoor fitness center that's currently be constructed. It should open in the I believe it's
the second quarter of 2025. Reggie could probably correct me if I'm wrong. And uh made significant
investments to the basketball court there as well and then looking at some investments. Uh we're
working on an RFP and a partnership at South Lakes as well to activate South Lakes uh with
some potential um uh outside organizations as well. So there is development happening in a
lot of the parks in South Witchaw and Clap is a great facility and a a great example of that too.
Any further public comment regarding this item? Richard Hill, 4555 South Laura. Is the area
we're talking about on this? Is that county or is that city? If it's county, let the county
deal with it. If it's city, we need to examine where the money is going. But if you're taking
my city money and putting it in the county, even though it may end up doing good, I don't trust
Jay Russell. That's all I've got. City manager, this city manager, this is city property. Is this
correct? That is correct, mayor. Thank you. Any further public comment regarding this item? I
see none. I want to say thank you to Celeste, to Mr. Gable, and Mr. Hill for speaking during
public comment regarding this item. I was the one that pulled this item. Um, and again,
it's only for phase one, and I see no further uh commitments regarding phase two. So, I am
going to move that this item uh get approved with the revised budget, adopt the amending bonding
resolution, and authorize necessary signatures. Council member Ballard. Thank you. Since this is
in my district, I have a couple um comments to share. The beneficiaries of this project or are
all of the people that live in the community. There are several HOAs in the area. We talk about
um providing a walkable, ridable community almost every week somehow on council. So um I'm excited
for this project and for all of the residents that live in the area and I'll second your motion.
Thank you, Council Member Ballard. We have a motion and a second. Any further discussion? I
see none. Madame Clerk, please open the role. Motion passes 70. Madame clerk, please call
sorry. Coun consent agenda item number 15. Council member Tuttle. Thank you.
Due to a conflict of interest, I will be abstaining from this vote. Any questions for staff regarding this item? I
see none. This gets public comment. Would anyone like to comment on Hangar Dynamics Jabara 2020
uh LLC? I see none. I'll bring it back to the bench. I move to approve the agreement and
authorize the necessary signatures. Second. Motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. I. All those in favor say I. I. All
those opposed, same sign. All those who abstain? I. Motion passes 60 with one
abstension. Consent agenda item number 16. Council member Tuttle. Thank you.
Due to a conflict of interest, I will be abstaining from this vote. Any
questions for staff regarding this item? Again, this item is Witchah State University, Campus of
Applied Science and Technology recognition. I see none. We will open it up for public comment.
I see none. I'll bring it back to the bench. I move that the Witchaw Airport Authority
approve the recognition, adornment, consent, and a stuple agreement and the memorandum of lease
and authorized the necessary signatures. Second motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes. 60 with one abstension.
Madame clerk, please call the next item. Board of Bids and Contracts
dated October 20th, 2025. Good morning, Mayor, City Council. Josh
Lber, Department of Finance. I've never seen so many members of the public interested
in bids today, so I'm excited to see that. Um, for engineering, we have the water main
extension from Via Christy Street to Teresa Secondary Feed for Noak Construction
Company Incorporated for $85,341.75. We have the water distribution
system to serve Clear Creek third and fourth edition phase 8 for me
Construction Incorporated for $105,67. We have the sanitary sewer to serve
Clear Creek fourth edition phase 8 for Mis Construction Incorporated for $119,469.60. We have the downtown two-way street
conversion concrete street repair phase 4 for Rostston Construction LLC
as the lowest responsive bidder for $120,100 awarded from their
original bid of $114,332. This is how to become a vendor with the
city of Witchah. This is our purchasing calendar of small business resource partner
events and items that will be occurring. Um, specifically on 1024 in Topeka, we have
our reverse vendor fair for professional association. Encourage anybody that wants to
attend. We have our open public opportunities out on the street today and I'd be
happy to try to answer any of your questions and recommend your approval.
Thank you, Josh. Questions for staff? I see none. This does not get public comment.
So I will move to approve the board of bids and contracts dated October 20th, 2025. Second motion
and a second. Any further discussion? I see none. Madame clerk, please open the role. Motion passes.
70. Madame clerk, please call the next item. Bear with me. It's a long one. A charter
ordinance repealing charter ordinance number 159 pertaining to judges of the
municipal court by the addition of the position of judge of the neighborhood court.
A charter ordinance amending sections 2 and 11 of charter ordinance number 223 pertaining
to judges of the Witchaw Municipal Court. An ordinance repealing section 104150 of the code
of the city pertaining to the establishment of the neighborhood court. An ordinance suns
setting title 801 and title 2004 of the code of the city of Witchah repealing sections
applicable to property maintenance. An ordinance creating chapter 2005 adopting the
international property maintenance code with amendments. An ordinance reinstating the board
of codes standards and appeals. An ordinance adopting a procedure for the acceptance of fire
insurance proceeds. an ordinance amending the city's non-discrimination ordinance to include
source of income and an ordinance chapter 2006 requiring registration of rental units with
property maintenance violations. [Music] Honorable mayor, members of council, Troy
Anderson, assistant city manager. Um there's a lot to unpack here. So uh I'll try to go over
this at a really really high level. But again at any point in time if you have any questions,
comments, concerns, feel free to jump in. So first and foremost, a little bit about how we
got to where we are today. Right? This has been a conversation that's been got been ongoing
for several years now. Uh more specifically, we can kind of point back to August 2023. um
staff, particularly myself, stood here in front of city council and presented to city council. Um a
little bit of background on property owner rights, but also property owner responsibilities and then
the enforcement process uh particularly as it relates to property maintenance codes. Uh at that
point in time, staff was directed to review the city's existing property maintenance codes, our
existing policies and procedures and performance measures. And we at that point in time promised
to come back to you all with a recommendation. As part of that conversation, we also introduced
the idea of adoption of the international property maintenance code. So fast forward to earlier
this year uh specifically June 3rd, 2025, uh we stood in front of you again with some of
those recommendations, right? Um we provided again a high-level overview at that point in time
of how we arrived at where we are at that point in time. We started diving into uh the existing codes
and ordinances a recommendation to consider the international property maintenance code and then
we even walked through sort of a little bit of chapter and verse of how that property maintenance
code works. Um as well as kind of threw out some recommendations. uh but also at the same time we
asked for your feedback on a couple of items and and a couple of issues as it relates to property
maintenance codes and enforcement. Uh so following that we went out to um before I go on we went
out to uh the various district advisory boards um through the course of uh July, August,
September. We uh took that presentation out to all the district advisory boards also got feedback
from the community in that context and are coming back to you um with those recommendations today.
During that conversation back in June, however, though, there were also conversations
around including a source of income um as a discriminary uh protected class. Um I'm
just going to read this so I don't misrepresent this. A source of income discrimination refers
to the practice of denying housing or imposing different terms on applicants based on the
lawful source of funds used to pay rent. Commonly affected sources include housing choice
vouchers, social security disability v benefits, veterans benefits, child support and other
public or private assistance during that time period. Uh there were also discussions
around rental registry uh creating a again a formal record of rental properties uh helping
municipalities oversee rental housing quality and enforce property maintenance codes. Um, there
were a couple of different iterations of where a a landlord registry or a a rental property
registry even so far as inspections might uh go. And so based on all of the conversations
we've had, feedback we had uh were able to kind of garner the drafts that are before you today
are are simply that drafts. is the first turn at uh what what a community might use to
start to create a rental property registry. I'm going to go back and touch on that point the
last one too also that there is uh some language in there about a um having a point of contact for
outofstate or out of region landlords. Okay. So then this kind of dives into the documents
that have been put in front of you. Uh more specifically as it relates to kind of the first
trunch uh the uh property maintenance code and the adoption of an international property maintenance
code. There was an ordinance drafted creating chapter 20.05 adopting the international property
maintenance code and then thereafter a handful of local amendments. um that code would become
effective as drafted uh January 1, 2026. Um there are also amendments to the IPMC that were drafted
to bring that code into compliance with Kansas statutes, specifically the nuisance abatement
procedures, condemnation proceedings, and unsafe structure removal. We also included amendments
to create an exception process. Uh owners may request an administrative exception through the
board of code standards and appeals. Uh again, this allows an opportunity for property owners and
homeowners to claim economic or other hardships. Along those same lines, uh an ordinance
was drafted specifically to repeal section 1.04.150 of the city municipal code establishing
neighborhood court. Um, there are also two charter ordinances in your packet that were drafted to
repeal charter ordinance 159, which established the position of a neighborhood court judge and
sections 2 and 11 of charter ordinance 223. Additionally, uh, an ordinance was drafted suns
setting existing property maintenance codes in chapters 8.01 and 20.04 4 with an effective date
of December 31, 2026. I'm going to pause there and just make sure that everybody understands right
that there's an overlap. Those are not kind of mis represented dates. There's an overlap.
So, as we continue to transition from our existing codes and ordinances, properties that
may be going through the abatement uh process or the violation process today, uh there will be an
overlap between the existing property maintenance codes. We'll continue to run through December
31, 2026, and then the new international property maintenance codes can go into effect January 1,
2026. There'll be about a year overlap where we can start to transition again, develop solid
policies, efficient processes and procedures for proper enforcement without compromising
our ability to enforce either the rules and regulations we have on the books today or the
new rules and regulations that we're proposing. Additionally, uh during the IPMC ordinance
amendment process, it was discovered that uh there were two ordinances that were repealed
previously during the adoption of the latest version of the building code. Uh so we're coming
back and uh introducing ordinances to reinstate the board of code standards and appeals and a
procedure to accept fire insurance proceeds. So that's kind of the first trunch of uh and
I'll get to the recommendations here in just a minute on property maintenance codes as it relates
specifically to kind of income discrimination. An ordinance was drafted to amend section 2.0660 of
the non-discrimination ordinance to also include source of income as a protected class which would
include lawful income from work, legal benefits, and public assistance. And again, I'm just going
to continue to read this just to make sure that I don't misrepresent any of this. The amendments
would clarify in city code section 2.060 that the prohibition on source of income discrimination
would also not limit the authority of landlords to participate in public rental assistance programs,
would not prevent real estate transactions in cash, and will not otherwise affect the
legal obligations of landlords and tenants. Lastly, um, is the ordinance that was drafted to
create chapter 18.30 to require owners of property which have two or more housing, building, or other
environmental code violations within a 12-month period to have to register such property with
the director of the metropolitan area building construction department. Again, there will be a
$50 registration fee. It's valid for one year. Property will remain registered for a period of
two years. After the latest code violation is corrected or adjudicated, any property owned by
an individual or corporation located within 60 mi outside of city limits must have that that locally
designated agent. Um, we touched on that a little bit ago. With that being said, there is no impact
to the general fund contemplated at this time. law department's reviewed and approved
the ordinances to form. Okay. So again, our recommendation is that you consider this in
sort of three parts or in three tanches. The first one is as it relates to property maintenance
codes and sort of environmental court action. Number one, we would recommend city council place
one, the charter ordinance repealing charter ordinance number 159 pertaining to judges of the
municipal court by the addition of the position of judge neighborhood court. Number two, the
charter ordinance amending section 2 and 11 of charter ordinance number 223 pertaining to judges
of the Witchaw Municipal Court. Number three, the ordinance repealing section 1.04.150 pertaining
to the establishment of the neighborhood court. Number four, the ordinance suns setting title
8.01 and title 20.04 of the code of the city of Witchaw repealing sections applicable to
property maintenance codes. Number five, the ordinance adopting the international property
maintenance code with amendments. Number six, the ordinance reinstating the board of
code standards and appeals. And seven, the ordinance adopting a procedure for acceptance
of fire insurance proceeds, placing all of those on first reading and authorizing the necessary
signatures. Again, we want to just pause just a minute and make sure that knowing and
understand those are charter ordinances. They do require a supermajority vote. I'm
sorry I missed that. Could you read that again? The second action item that we would recommend
that you all uh consider today uh is to place the ordinance amending the city's non-discrimination
ordinance to include source of income on first reading. Authorize the necessary signatures. And
then the third action that we would recommend you all consider here today is to place the ordinance
requiring registration of rental units with property maintenance violations on first reading.
authorize the necessary signatures. And with that being said, I'll stand for questions. Uh our our
humble assistant city attorney, Sharon Draft, was also instrumental in all of this. Would be
more than happy to answer any questions. And also, we wouldn't be standing here today without folks
from uh project management. Denise Peters and her team did an amazing job uh of bringing all this
together. So, I just wanted to take two minutes and just acknowledge and thank everybody for
bringing all this to fruition. Thank you, Troy. We'll begin with Council Member Ho Heisel.
Thank you, Mayor. Um, I have a feeling there's going to be more questions coming along in
the following discussion. Uh, just a few right here. Um, how many international codes do
we already have in play through our building and inspections department? I I'd have to go back
my, if I had to say off the top of my head, I think sixish. I mean, international building
code, residential code, um, existing building code, um, probably mechanical code, uh, fire
code, there might be one or two others, but probably about a half dozen of the international
code series. Okay. When we talk about um having point of contact for people who live more than
60 mi outside of the city limit, um I know one thing that we had looked and I think most people
here would agree. Um there's a big problem with uh outofstate owners. Um that was something
that I looked at when I first got on council and learned there's a whole not a whole lot we can
do about it because of uh constitutional issues, the interstate commerce clause. Um so um if we
have that requirement for point of um management is that something that we're confident passes
uh the constitutional muster there. I'm going to defer to legal on constitutionality under
under the current ordinance as it's stated. Yes. Um the the registered agent isn't required
unless there has been a policy violation. So there would be a rational basis to require that extra um
enforcement or extra information from the property owner. Um about 12 to 14 um cities around uh
Kansas have similar type registration ordinances and most of them have the similar type of
provision. Okay. Thank you. Um can you go through this process now? like if you get a violation,
currently we give you 30 days to to fix any violation, whether it's tall grass and weeds or
um aesthetic violations or anything like that. Um if this passes, what would that process look like?
And I understand we're still kind of developing uh some of that. That's that gap year to come up with
the policy, but um what are the general ideas now as far as how would that go? So at a really high
level, generally speaking, yes. Um if there is a violation uh that is identified, a property owner
is giving a given a period of time to abate that violation, right? Um it depends on the violation
type, right? Uh some violations may only require a couple of days to abate. Other violations
may require perhaps several months to abate, right? And so, uh, there's always going to be a
period of, um, opportunity to comply with sort of self performing abatement of that violation.
uh that doesn't change in this uh what this and you may may recall back in our June conversation
right where we went through uh how kind of the property maintenance code and how shifting
from environmental court uh to other court models right is this is an opportunity to um sort
of reimagine sort of re retool our enforcement to become slightly more assertive Right. Uh a lot of
the uh processes and procedures that we have in place today are are uh as they were intentionally
designed, right, to continue to work with property owners, continue to work with property owners to
the point where we may not ever see improvements ever completed, right? And so some of the feedback
that we've heard over the years is a want or a desire to become slightly more conservative. And
that's what this process does is provides policies and procedure leads to policies and procedures
that allow us to be a little bit more assertive in getting these property maintenance violations
corrected. Right. We have an 85% compliance rate, voluntary compliance rate when people
get the fix it. So, I just want to make sure correct that's still in here. That's still
possible. We don't want to crack down on people, especially little old grandma who has no means to
mow her lawn. making sure that we give that period for people to address and fix the issue. It's the
15% the problem properties that come up over and over and over again and continue to get delay and
delay and delay and uh to the negativity of the surrounding areas. Um so uh another question um
the two code violations that would trigger this um is that per property is that per um ownership
group? Um yeah, just a little clarification on that. That's going to be per dwelling unit as
that is um defined in the in the code which is currently a building or a portion of a building.
So that would be per unit. Um and as Troy and I have discussed, this is a draft. It can be amended
and changed however the council wants to after this conversation. Um I was asked to come up
with options and this was one of the options that has been moved forward. Okay. So two proper
or two violations per unit per year within a 12-month period. Within a 12-month period. Um and
currently I know one bone of contention is that it does not require a conviction. Again, you can
require conviction. If you required a conviction, I would recommend that you increase the amount of
the look back time. Um because by the time it goes through the court process. Yeah. It you're
you're not going to be able to get too many uh violations through the entire system within
a 12-month period depending upon the violation. Thank you, Council Member Glascott. Thank you,
Mayor Troy. I'm going to do rapid fire questions because I have this many questions for you and I'm
going to do round questions of you, take a break, and then I'll do round of questions for Sally as
well. Uh first off, um I'll start with uh really the code as well. When we're talking about um
the code official could enter or inspect your property when they whenever they have reasonable
cause, would this be a the same standards as a criminal search warrant or would this be different
standards than a criminal search warrant? So, there's two ways in which uh a a code enforcement
officer uh could enter into a property and inspect for a violation. Uh either one, with the property
owner's permission, or two, they would have to go through the administrative search warrant process.
That's the same process that exists today. We're not suggesting making any changes to that process.
you'd have to go make sort of a case to a judge and obtain an administrative search warrant
in order to get into a property to confirm or deny a violation exists. Okay. The standard
is slightly less in an administrative case than a criminal case. Um you still do have to show a
level of probable cause. A warrant would have to be approved by a district court judge. Municipal
court judges don't have the authority to approve any sort of a warrant. And I again know there's
been allegations made that this is a terrible, horrible thing. All of those provisions are
already in our code. Um, title 20.04.090 has pretty much mirrored what is in this ordinance
regarding um authority to entry and authority to entry is not a right to entry. Um, the officers
are still going to have to comply with all of the legal requirements for search and seizure
under the fourth amendment. Okay. When we talk about source of income includes child support also
includes tips. How are we verifying tip income? How would a landlord verify that? So we should
probably talk a little bit about just kind of what the nondiscrimination ordinance talks about.
Right? It becomes a scenario and a situation by which and I'm going to tread lightly here until my
attorney steps in and corrects me. Right? But the relationship between either an existing landlord
or a potential landlord and a existing tenant or a potential tenant is that if for whatever reason
that tenant existing or or considered feels as though their their renewal or their um denial of a
lease agreement is a result of a income or income discrimination, then that is a cause for that
tenant to then sort of file a a non-discrimination claim and then there's an investigation. If
there's sufficient evidence to believe that there's an invest then it goes through the entire
non-discrimination process. There's nobody doing sort of oversight so to speak of that landlord
tenant transaction. And it's only in those cases where a tenant again either existing or considered
feels as though they were they were denied a lease agreement for income an income discrimination.
Would they be able to file a claim and then it goes through the process just like any of the
other discrimination? How many cases have we had go through the INDO process so far? In regards to
income discrimination in regards to anything. Oh, I don't have that information. I I believe that
15 and none of them have been found to be none of them have been found. Okay. Yeah. Have been
upheld. So when we look at um regarding the rental registry, does this include let's say trivial or
administrative citations? Is there any difference between let's say a landlord knowingly having
a facility that has mold in it actively growing versus a lawn that is too long? Is there any
difference in terms of citations that is mentioned in this ordinance or are both of those treated the
same? I'm going to venture to say a violation is a violation's a violation. So there's no difference
if somebody knowingly has mold versus just a long yard currently. No. And I need to clarify
something. None of these offenses are required in intent. They're all strict liability offenses.
They've always been strict liability offenses. So whether I intentionally let the mold grow or
whether I just didn't care and didn't know, um there's no distinction. Currently, as the registry
uh ordinance is written, it would be any type of violation. Again, that can be significantly
narrowed. If the council wants it to to um exclude the I'm going to say exterior, the nuisance type,
the cars, the weeds. um if if it wants to be limited to interior type violations and structural
type violations that that's something that could be easily done through this discussion process and
it's not a conviction correct currently is not a conviction but again that could be changed but I
would recommend that your time frame be extended okay and if I could chime in for just a minute too
right simply because the code enforcement officer goes out to inspect the property and identifies
a violation We're also not necessarily suggesting that have they been given an opportunity to abate
that violation that it would then require this registration. Right? There's always going to be
that opportunity for that property owner to abate that v violation voluntarily. Okay. I may let you
off the hook now. I'll have other questions for Sally in a minute. Thank you, Council Member
Johnson. Thanks, Mayor. Um, first, thank you, Troy. There's a lot of people to thank and Sally
and the team and council member Hohisel and Becca and Tasha and Becca or um Brooke just a lot of
work has been done. Appreciate that over the years. Um just two quick questions for you.
Um you answered one or Sharon answered one, but my first one there was some talk about
the administrative process. got a few emails and uh even a couple phone calls yesterday that
complained that MABCD would write a violation. MABCD then hears an appeal to that, but there was
no mentioned of the board of code standards and appeals. Could you walk through maybe what that
process would look like as written today? Yeah, so um metropolitan area building and construction
department um is different than the building code standard of appeals, right? I just want
to make sure that those are two different groups. Um they they have overlapping sort of
uh interests, right, in building code standards, right? But at the same time, um probably giving
you too much information here, but uh the entire international city uh international code council
in every volume there's a provision that addresses building board of appeals, right? And what that is
is it specifically lays out where that body who is members appointed by you all governing body right
to serve in that role and that responsibility to hear cases in which they uh an individual feels as
though the building official is incorrect in their interpretation or application of the particular
code section. number one. Or number two, uh it's usually a little more nuanced in that
there may be new technology that exists usually or an alternative means of compliance with a
building code provision, right, that maybe hasn't been adopted or considered by the international
code council that the building code standard of appeals could hear those cases, right, and rule
separately from the building official and in this case, MABCD. Those are the two that sort of
international code council lays out for this body. The third role that this body is is in the code
sort of adoption recommendation process. Right? So this body makes recommendations around what codes
could should be adopted, local amendments, so on and so forth with which ultimately come to you
all for adoption. The way this has been crafted, right, that this body could would then sort of
take on this fourth role and responsibility of hearing those appeals or those exceptions, right?
where uh we talked about hardship or economic hardship, right? An individual who feels as though
maybe again one the code enforcement officer's interpretation of the codes or ordinances is is
wrong or or inaccurately applied. Maybe there's a different way of complying. Um maybe it's an a
hardship. It would be that body that would then hear that appeal that would stay any proceedings
or process. Depending on how that body uh rules, we would then sort of pick up and and make a
determination on whether or not that satisfies abatement of the violation or otherwise or
whether or not we need to continue through the the prosecution of that. And then for
what what's in our packets now, the board of code standards and appeals would be folks with a
specific expertise that would be appointed. That's correct. Okay. Can can I correct something
because it's been misinterpreted? I think um the current um ordinance creating 1810
essentially puts back in place what was there before regarding the appointment of the board
of code standard and appeals. There's been some literature that those are all city appointments
and that's not correct. I mean the the the composition of the board has not been changed by
any of the proposed ordinances. Um the proposed ordinance brings back the code of standards and
appeals because sections were deleted. Um it also to add this exception process is going to
require some ratification by Seduit County. um which is why that particular ordinance is written
in the manner that it is is that it goes effective on January 1 subject to their ratification of
adding this exception process onto the board of code standards responsibilities. Okay. Uh my other
question also have to thank Chris and Kayn. Um I'm pretty sure I got on you guys' nerves for a little
bit. Um, when we look at the number of violations, I know right now it just says two and and there
was a comment made about potentially looking at um, when you look at the registry. Um, I know
there was some concern from some property owners and landlords I heard from yesterday about
having external violations count towards that. Uh, Sharon did say we could increase that number if we
wanted to. I think back to um and rest in peace to Miss Overton, she would always complain about five
to 10 maybe specific properties and it was always an external thing. Our staff always knew that
these properties were probably going to come up every year and they normally did like clockwork.
So it would we would be able to increase that number for external. Therefore, we're dealing
with life and safety, but also dealing with some of those outside issues that we continue
to hear about from neighborhood presidents. So, it I guess that would be a discussion for later
after we hear from the public. But I I do think with every change that we've made, we were also
looking to address some of those issues cuz there are specific properties that we know of that
will continue to have tall grass and weeds or some type of blight or some form of dumping on
it. And it's year after year. And as you said, Troy, going through environmental court sometimes
gets resolution, but often times we also don't see resolution. So I think it's definitely worth
considering as we're going to hear from the public what that looks like. Um either two or more what
that what what may happen, but again addressing some of the more serious issues that we've seen.
[Music] Council member Ho Heisel. Thank you, Mayor. Uh two quick questions. One was spurred by
council member GlassCox's uh question. Um we said that there were two as an administrative warrant
and then also invited in by the property owner as far as being able to get inside to do inspections.
Um does the tenant inviting us is that part of the administrative warrant or is that separate?
No. A a tenant has a response or has the ability um to have a code inspector enter the premises.
Um they're they're it's their lease. Um they can control who comes in and out. Um and we'll just
leave it there. Okay. So that's essentially the same as the property owner. Yes. Okay. I just
wanted to make sure that that was clear as well. Uh the second there had been some dialogue going
around that we were considering uh rental caps. Is that part of this at all? Rental caps. Uh
caps on rent. Oh. Oh, no. That is not included in any of this. Okay. So, that's an untruth
that's out there. No. Okay. Thank you. Council member Glass. Thank you, Mayor. Back for round
two, but this time I have questions for Sally. Hello, Sally. Good morning. Sally staying with
the Housing and Community Services Department. Thank you. This actually might be for legal or
you. Maybe one of these can answer it. I was reviewing the notes from um stakeholder meetings
that Councilman Johnson had sent out. One of the notes said there's not a landlord registry. It's
illegal for city governments to have a landlord registry. Lawrence and another city did it and the
legislature banned it. Can I mean maybe Councilman Johnson can speak to what was in his notes or
legal could speak to what was in the notes? I can probably answer that. Um there there are
two two two things that work. There is a state statute which bans rental registries which require
interior inspections. Um nothing that we is before you today is talking about an interior inspection.
Does section 8 require an interior inspection? Yes, it does. So those things
would actually conflict. Correct. We we we can't have a city ordinance that requires
annual or interior inspections from an ordinance standpoint. Now, now the state can't overrule
a federal program because of of of supremacy issues. So section 8 and the federal government
could certainly require inspections. And there was a bill the last session that Topeka asked
for that ability for section housing for section 8 housing. I would think under the federal laws
they would have that ability anyway. Um but that bill was not passed and the or or the statute
was not amended. So by forcing a landlord to accept section 8 vouchers were not necessarily
requiring for interior inspections. But we are if they accept a voucher because they have to
get an inspection from the federal government. There's nothing in the income discrimination
ordinance that would require a landlord to to accept those types of payments. It it is
discrimination if I come to you and and I'm already have my voucher and you say, "No,
we're not going to do that." Okay, Sally. Now, my questions are probably directed towards
you. How many vouchers go unused in Witchah currently? Well, we have more vouchers than we
have funding available. So, HUD allocates us just about 3,500 vouchers. Right now, we're only
able to use 2,700 of them just due to the the cost of housing and not increases from from HUD for
uh for those rental, but every voucher is being used currently. We we have people that are out
looking for units consistently. We have 30 to 40 uh vouchers that turn over every month. So, we
have 30 to 40 people who go off the program. So, for good reasons, for bad reasons. Um so those
units are consistently turning over but it is about 30 to 40 per month. Okay. And then just
confirming HUD does require annual inspections by annual inspections actually unless the property
goes into abatement which means they did not correct uh a previous deficiency within the time
frame and then it it reverts to annual. Okay. And then also bypassing let's say the uh section 8
portion of this or the non-discrimination income non-discrimination um would we be compelling
landlords to do business with the federal government? No, that the contract is not between
um the the landlord and the federal government. It's actually between the landlord and the PHA.
Okay. Um sorry, I have a few more questions. Actually, that may be all my questions for
you. Thank you. I'm going to go back to a couple of things. Um, can someone give
the background on the non-discrimination ordinance and reiterate how many cases have come
before um and how many have been substantiated, how many have been thrown out. Um, I
would like us to all level set on the MDO. I I'll I'll try to answer what I can. Um
there's been about, as the manager said, 15 cases that were filed. The process is that the
law department um we assign an investigator. The investigator then um reviews all the information
provided by the person making the complaint. Um, it can be referred to mediation if both
parties want to go to mediation. Um, I think we've had two attempted mediations that
I'm aware of. Um, none of the allegations um have been found to have violated the non-discrimination
ordinance. A few of those I do know were appealed to district court and eventually those
were dismissed at the district court level. Then I wanted to know since environmental
court would be um eliminated from this, can we uh get data regarding how many cases
come through environmental court? Um how many are found guilty, not guilty? Um and also
some background regarding charge disposition. Yes, we can work on getting you that information. I can I can supply that information. Mayor, um you had asked for some data on
environmental court outcomes from for the last five years from 2019 to 2024. Um during
that period of time, there were a total of roughly 6,900 cases. uh about uh just slightly
less than 4500 of those uh which is about 65% had were dismissed. Um the about 900 guilty or
diversions and five were non not guilty and then there were about 1,500 where we couldn't process
couldn't serve the the um person uh because uh for various reasons that that we couldn't find
them for service. Is is it accurate to say that over the last five years of environmental court, a
large majority of these cases are dismissed? Yes, mayor. But require time from both staff as
well as individuals involved in those cases in order for it to come to this final stage. That
is that is correct. Can you quantify that amount? I don't know that we provided that information
in terms of the hours involved in the cases. I think it would be important to have this data
point um for community to understand uh the amount of time both for tenants, landlords and the court
system uh to go through uh each of these cases. I feel like our green sheet does not provide enough
data. Uh this data that I asked was only provided to me because I asked for it. However, I think it
would be appropriate for the rest of the council to receive it. I just got it last night. Um, so
I'm asking these questions because I feel like um, oftentimes we are lacking data and trying
to make decisions without full data. Um, and again this would be eliminating
uh, that final process that currently is being utilized. So I want to know um,
if this can be provided to community also. city manager. Yeah. Yes, we can figure out
a way to do that. Thank you, Council Member Glass [ __ ] Thank you, Sally. I'm sorry. I
have one more question that just popped up. I'll ask a question while you're coming down.
How does pending how does the current government shutdown especially on relation to HUD affect
payments to uh landlords? I know that there is reserve funding through November but if
it extends beyond that what would happen uh in terms of payment vouchers? So we were
just notified yesterday um that HUD is allocated actually through the end of December. So the the
PHA funding budget actually doesn't run on the federal fiscal year. It runs calendar year
and so this last quarter was covered under last year's appropriations. So for the voucher
program, we are definitely covered through the end of December. Um if it were to roll into
January, I sure hope it doesn't. Um we do have some reserves that could come into play
for at least most of January. Okay. Thank you, Council Member Ballard. Thank you,
mayor. I have Well, so what happens to the 1500 complaints that are not able to be
processed or served? They just go away or like they are generally dismissed for
lack of process. Um, in some cases, the inspectors will uh go out and try to find
better addresses. Um but but generally those are dismissed along with those that
we can get served. Okay. Thank you. I see no further questions from the bench
at this moment. Um so we will open it up for public comment. Here are a few um ground
rules that are at every single city council meeting. Please come up to the bench. Say your
name um so that the clerk can have your name for the record. Please state your address.
Again, for the record, you will have up to five minutes and the time clock will be
at each of these monitors. Once 5 minutes um has expired, we ask that you please sit down.
Uh the next individual can then come forward and the process begins yet again. We will now open
it up for public comment regarding this item. Good morning, Mayor Woo, council members, staff.
I'm Tony Porter, vice president of government relations and military affairs at the Witchah
Regional Chamber of Commerce. I'm here today to express our opposition to the proposed charter
ordinance that would significantly restructure Witchah's property maintenance, rental housing,
and municipal code enforcement systems. While we support efforts to improve neighborhood standards,
this ordinance introduces sweeping changes that risk unintended harm to Witchah's housing
market and business climate. First, adopting the international property maintenance code replaces
our local responsive standards with a rigid national model. This could lead to inconsistent
enforcement and higher compliance costs for small property owners. Second, the rental registry adds
bureaucracy and fees for landlords, even those who promptly address minor issues. This discourages
reinvestment in older neighborhoods, and adds unnecessary administrative burden. Most concerning
is the elimination of the neighborhood court. This specialized court has been a proven, efficient
tool for resolving nuisance and housing cases. Moving these matters to general dockets will delay
resolutions and increase costs for both the city and property owners. We urge the council to defer
action and convene a working group of business, housing, and neighborhood stakeholders.
Together, we can modernize our codes without overregulating or dismantling systems that
work. Thank you for your time and leadership. Before we continue, I did ask for decorum and
I appreciate that there are individuals for and against um multiple issues. So, I'm going to ask
that you please not clap um during this portion of public comment. Thank you. Thank you. Uh mayor,
vice mayor, and council members, good morning. Uh my name is Kurt Holmes, uh 445 North Waco here in
Witchah. I'm an attorney here in Witchah for over 40 years. My office since 1983 has represented
property owners and landlords in this area, including large apartment communities uh to rental
owners with familyrun businesses. In addition, I grew up painting uh rental properties uh
owned by my father uh and my uncle and I have been a rental owner for 35 years. Because our
practice has been in existence for over 40 years, we have a large network of rental groups, the
Apartment Association of Witchah, as well as hundreds of landlords. We believe that if a policy
is going to be implemented that affects landlords, the landlords and property managers should
be informed. These are major ordinances that all of us for the most part had four days to
review before being voted upon. This was done with little collaboration from the groups that I
have mentioned and affect so many households in this city. Given that these ordinances are being
implemented in response to properties like Emery Gardens that has become the poster child for
change in our 40 years of practice, I've seen that property rehabbed. I've seen it destroyed
and I've seen a continual cycle and now we have it houses tenants that's being reported that have
mold and bugs. That's wrong. We all agree the city has the power to stop it. you inspect them,
you find them, and you have the power to shut them down. We know that has not happened. Uh you
don't want to be the ones to do it and add to the homeless situation. We understand that. Um I don't
know um if the funds are available with federal cuts. I know that funds are limited, but given
that, let's collaborate on what can be done and implement plans to help those folks that need to
be moved from these properties. Educate tenants. Um if a notice uh if a notice the tenant has a
right to file a notice and give a 14-day notice and terminate that uh many tenants don't know that
and lease can be uh terminated and uh they can be allowed to move. I would suggest more workshops be
done to get new section 8 landlords. I would like to see that housing be approved immediately uh or
be approved immediately with plans for immediate payment while any see that um while any items
that need to be repaired be done in association with the tenant and inspector. Taking three months
to implement a new house and having inconsistent inspectors and lack of oversight discourages many
landlords from taking section 8. It needs to be voluntary. I was chairman that saw two phases of
tax credit properties built at Central Community Church for incomequalified tenants called that's
uh called Central Landing on the grounds of the church. Some of you at the in the council I think
were at several of those opening ceremonies. This is an example of a win-win for both tenants
and landlords. If a house has to be torn down, then a new one needs to be built so that tenants
can have quality housing that they can afford. Any ordinance that seeks a source of income in its
protected class is problematic for landlords. Um, turn down a one-time payment for a tribe, say no
to a one-time payment for a nonprofit, or say no to an assistance program that the owner may then
face a discrimination complaint. an ordinance um that requires tenants or requires registration
of residents can and will result from minor infractions where the registered owner becomes um
the offender and um warning other renters to avoid renting from them with little safeguard to the
causes that put the owner there. If a tenant does not mow, has a junk car, or is just unclean as
defined by the ordinance, and the landlord fails to move quickly to remove the tenant, the landlord
becomes the offender. Finally, um, and again, these hurt property owners and discourage
investment in housing. Finally, why pass an ordinance that threatens to put property owners in
our city in jail? Find them exorbitant amounts and remove any judicial discretion. We all know that
this is uh this will not happen with LLC's and outside owners who are protected by that. Property
owners and um property managers should never be threatened with jail for code violations. We can't
house our criminals now. You have the tools. Use them. Let's work together. I encourage you uh to
vote no on these ordinances. Let's find ways to help both the tenants and landlords operate
in a market that for many is very tough and financially draining. I thank you for your time.
Council member Hohheisel. Thank you, Mayor. Um I just add a point of clarification. I don't know if
Troy wants to speak to it to uh Mrs. Porter's um comments earlier. It's not just the international
code, but we are also keeping many of our codes with property maintenance in the uh in this
proposed ordinance as well. Is that correct? So, I want to try to answer your question.
There's the overlap between the existing property maintenance codes that we
have on on record today. Those are If adopted today, that would sunset
those codes. December 31st, 2026, it would adopt the International Property
Maintenance Code effective January 1, 2026. Um, and so there would be that overlap, but yes,
eventually by January 1, 2027, the property maintenance codes that would be on the books are
the international property maintenance code with local amendments. With the local amendments that
includes all of the local amendments, right? Uh, in fact, the International Code Council recommends
local amendments. In fact, there's a number of local amendments where the property maintenance
code is actually drafted in such a way where it says sort of fill in the blank depending on
your local jurisdictions's preference of of certain standards, right? And so included in the
value is not just adoption of the international property maintenance code cart blanch. It is
amended with local amendments to comply with state statute as well as to coincide with the
the history and practice of property maintenance codes locally. Okay. I just wanted to make sure
that was clear to everybody. Thank you, Council Member Ballard. Thank you, Mayor. Uh Sally,
could I ask you a question really quick? Sorry. I just want to say also thank you so much for
everybody being here. Um, the question that I wanted to ask Sally is I'm grateful for everyone
that is here, whichever side you're on or whatever um, feedback you're able to offer us because uh,
Sally has worked hard on working with landlords and it has been really difficult. I don't know if
we're not getting the word out in the right way, but we have tried to engage landlords, even had
incentive programs even for damages that could potentially happen and we just have not gotten
very much traction on it. So, I sorry that you're all pissed off and that is what took for you to
get here, but we really have tried to engage. Um, so if you guys have any other ideas of how we can
communicate some of these programs that we have been trying to work on, um, I think we would
all be grateful for that. But can you speak to the couple things that we've done just to try
to engage landlords? Sure. Um, obviously we hold the Greater Witchaw Housing Conference. It's
an opportunity to try and engage landlords also provide training on fair housing and other issues.
Uh when funding was available through the CARES Act, we launched a landlord incentive program.
It at that point it was ESG funding. So it was um designed just for landlords who were taking
people coming from homelessness. And we had CARES money set aside for that program. Uh held $100,000
for damage claims, rental vacancy. In a year we had zero claims. and that funding went away and it
dissolved. Based on that experience, we actually launched when we had ARPA funding available, an
additional landlord incentive program that wasn't limited to just new tenencies for people coming
from homelessness. It was all tenencies that started in January of 2023. Um, for new landlords
who had never leased section 8 previously, there was a $1,000 signing bonus for those that
were returners. So, someone who hadn't had a teny in the last year um but took a new teny, they
got a $500 signing bonus. We also made vacancy um claims available as well as damage claims. We
actually had two claims. We had one for vacancy that was a domestic violence situation where we
had to move the client in the middle of the term and we had one damage claim covered 683 tenencies
in 18 months and had two claims. So, we still have a couple more questions. Sorry. uh to the rest of
the individuals. Council member Tuttle, thank you. Um and this is for Troy. I feel like Troy and
Sally should just kind of park it right there, right? You're gonna burn a lot of calories today.
Um Troy, thank you for all your great information. Thank you for all your work on this. Um I have
lots of comments and questions for later. is kind of waiting to have the process. But you did
say something that um I wasn't aware of and didn't see it in in the packet that the International
Property Maintenance Code kind of has a section where it says fill in the blank locally.
Correct. So when we are filling in the blank, who do we consult to get that information? Are we
reaching out to property owners? Are we reaching out to tenants? Are we using staff? obviously
content expert but has there been who do we reach out to to fill in the blank? So probably one
of the easiest examples right is in the property management for example high weeds and grass right
it says high weeds and grass shall be maintained at a height of no more than fill in the blank well
we already have those provisions in our codes and ordinances today I think it's 12 in 12 in sorry
so we just took that from our existing codes and ordinances and sort of filled in the blank
right so uh a lot of it is taking from uh what we already have on our in our codes and ordinances
today. Uh number two is uh uh just throughout the years better understand there's another uh we we
made a local amendment while we're on that topic, right? Uh we went to one of the district advisory
boards earlier this year, right? And we uh I met some ladies who talked about uh some of these
alternative garden types, right? And so we said, "Yeah, you're right. We've got some of that
language on the books today. That language does not appear in the International Property
Maintenance Code. So, as part of the draft before you all today, we've incorporated that language
uh being responsive to folks in and around the community who said we also need to understand that
there are these sustainable gardens and those kind of things and strict interpretation and literal
interpretation should be amended, right, and looked at to take into consideration what we're
now seeing out in the So, just other examples. Thank you for that and and not a question but just
a comment that one of the things that I've heard consistently in the last few days is especially
for land owners, property owners, landlords, whatever term we want to use, they haven't felt
like they've been engaged enough, especially in this process. So wanted to see if there was some
engagement, you know, all the way along as there should be. So thank you very much, Trey. Council
member Johnson. Thanks, Mayor. Um I was going to wait, but Mr. home said something that um I
really think should be out in the nexus. So, we talk about Emory Gardens and everyone's seen
that in the news and how terrible it is for a lot of the folks there. Um as the council member
who's probably been in the most terrible spaces, it's not just Emory Gardens. There's apartment
complexes on the west side. There's apartment complexes also on the south side. There's more in
District 1. I've been in individual homes and I know that in the code when we talk about the fines
or even the jail, it may not be some of you fine folks in this room, but there are some people that
probably need some much more assertive penalty for what they're doing and forcing people to live in
those conditions. So, that's not saying that the folks in this room need to go to jail, but when
you go into a space where there's a pregnant woman who has a 9-month-old and they've been to
the emergency room eight times and they can show you how many times they've reached out to try
to get something addressed or to get something remedyed and it doesn't and it gets ignored. What
do you do with that person? You just keep finding them. What happens for the justice for that young
lady or that baby? And that's just one story. I've got plenty in my phone. I've been in those places.
Anybody who follows me on Facebook has seen those. So, as we've talked about being a little more
assertive, council did say uh at the workshop, we wanted a hybrid model. So, it's not just
big stick on every landlord, but there are certain situations that somebody should get a
bigger punishment and they deserve it for what they're treating people like and the conditions
that they're putting them in. And those folks aren't selling their properties to good folks like
you all. They're continuing to get a paycheck and they're not fixing the problem. So somewhere
in there there needs to be more assertiveness and that's what this is trying to get at. Happy
to hear more ideas on u what folks think about that. But when you have seen what I have seen when
you've seen these folks break down. Council member Ballard and I went into a space where a woman uh
in district 6 who had been to the emergency room I think eight times and went to the emergency room
the same day that we left after that. something's wrong with that and we got to be able to do
something to address that. So, some of this may seem assertive and I know folks are um concerned
about some of that, but those are the issues that we're dealing with. Again, it might not be y'all
in this room, but there are some folks who have to deal with these types of things. And to the point
of if we were to do something about Emery Gardens, where are these folks going? The speaker this
morning already talked about that. What happens when we say they give their 30-day notice because
things aren't being addressed and they want to move out, but when they find a place, they have
to have three times the rent that they're making. They can't go. If they don't make it, they're
stuck. They are very much stuck in a space like that. And there's a lot more people than what
you might realize in those situations. So again, people's real lived experiences out there,
and you may hear from some of them today, but most of them get retaliated against. So,
you may not see them at the podium. And some of them won't even send emails to us because it's
a public record. It happens. It truly does. You've seen it. And if anybody invites me back out, most
of the time they get retaliated against. Happy to show you. But I've seen some real terrible stuff.
I've even had staff tell me I shouldn't have went somewhere because it was so much black mold and
pest infestation. These are some bad spaces here. And unless we do something more than what we have
been doing, people are going to continue to live in those spaces. So happy to hear more ideas on
that, but just wanted to say it this is not just some one-off and one apartment complex. It's a lot
happening in the city of Witchah. Council member Ho Heisel. Thank you, Mayor. I I guess I was going
to save some comments for later, too, but I just want under people to understand where we're coming
from in the Emery Gardens incident. And it's not just again to Council Member Johnson's point, it's
not just unique to Emery Gardens, but I will speak on this one. Uh we had pictures coming in from
people um with their children with their backs just ridden with bed bug bites. Uh these people
had been paying $4 a month for pest control. Um this particular property owner was taking that
money and not actually doing the pest control. So that that was an issue right there. Um we went
in there, we looked around, we saw just again the black mold, uh doors off their hinges, all all
the conditions that we were looking at there. We reported it. We tried to work to get
it addressed. Um, a couple weeks later, we finally tracked down the property owner after
going through, I believe, seven different LLC's, a couple of different states. Um, he was
out there that day. Uh, we went out there. Um he had in his hand a list of people who had
made complaints, a list of people who had been um open with their criticisms, a list of people who
had worked with the uh current property management system who the current property manager said,
"Okay, we understand about this uh infestation issue. You don't have to pay rent until we either
get it taken care of or you find someplace else." He had in his hand this list and was going around
that day evicting people, including single moms. I had to look a single mom in her eyes who was
getting evicted. This is illegal on the state level, but there was no enforcement arm on it
at the time. Um, that's when we came up with the landlord retaliation. But seeing a single mom
who shared the pictures of her one-year-old child with the bed bugs just ridden up and down that
child's back and knowing there was very little that we could do. So, talking to her about it, my
the reason I'm here is because my family at home, drug issues, major drug issues. I will not have
my child around that. So getting the eviction notice in her hand, she looks me in the eye and
she says, "Well, I have a car." So my child and I will be sleeping in this car until we can find
housing. We managed to actually get her into some temporary housing until she was able to find
a place. But just understand looking a woman like this in the eyes, seeing elderly people who
are getting evicted, uh people with disabilities who are getting evicted and knowing there was very
little that we could do to actually protect them and help them. That's what spurred this. That's
what has spurred this entire conversation. So, like Council Member Johnson said, I'm eager
to find ways that we can work with people. I'm eager to find ways that we can actually address
these issues. That's the goal here. It's not to be punitive on anybody, but it's actually to hold
the people accountable who are making a profit off of people living in substandard living conditions
who run it extreme just straight like a business, dollars and sign, dollars and cents. That's
all that they're looking at right here. So, um I did just want to put that out here before
this discussion. And again, please if if you have suggestions to make this more effective,
less punitive on people uh the good landlords, but more effective for the bad landlords, for the
people who are forcing people to live on this, especially people who have nowhere else to
go. Let's let's have this conversation. So, I appreciate that. Thank you. We
will continue with public comment. Hello, my name is Dakota. I am with ICT Tenant
Union. My address is 1746 South Glenn. I also work at Pixus, a program that provides a safe
and stable environment for children in foster care without personal um permanent housing. I'm
speaking out for future renters and all workers who couldn't make it here today because they can't
afford to miss a day of work or didn't have enough time to plan ahead. I do see a lot of landlords
uh in line behind me. Um but the decisions today impact the renters of this city. Their honest
hard work can hardly make up for rent, bills, and basic healthcare, let alone groceries,
schooling, or emergency crisis. A lot of these emergency crises are due to the state that their
property is in. Whether it's a flood, infestation, destruction of personal property, health hazard,
or the foundation of their home deteriorating, most renters are the working class of Witchah and
the backbone of the city. They're what's keeping things moving, yet they're being taken advantage
of. Everyone deserves safe and affordable housing. If you can't supply that as a landlord, then why
are you renting out your home? Forcing people to live in a home that you wouldn't consider fit to
occupy for yourself or your family is inhumane. I am speaking from personal experience. Not only
living in uninhabitable conditions, but being treated as though my safety was not a concern. I
dealt with infestation, constant flooding, mold, and eventually unlawful eviction. This was 10
years ago, and I was only 16 years old. Now, all this time later, I am hearing the same stories
and the same treatment from tenants living in the same building with the same landlord. No
child should have to suffer unsafe housing. No parent should feel the burden of not being
able to supply a stable home because the demands from landlords are unaffordable and the
lack of care is unlivable. It's not just big landlords like the one I experienced.
We've been hurt by the small landlords, too. They learn all the tricks of the
trade from the out ofstate developers, and they're only mad at the big landlords because
they're losing money from them. This has nothing to do with their concern for tenants. Not only
that, but children are constantly aging out of foster care, having suffered unfair treatment and
unstable housing. their entire lives. Ensuring landlords accept section 8 housing or any form
of assistance and holding landlords accountable for providing safe housing would mean children
who have a disadvantage growing up can not only find a home but feel safe and secure for the
first time in their lives. Slipping through the cracks of an unjust system begins before
many people even become workingclass citizens. It's time we strengthen the renting class to
not only benefit individuals and families, but our community as a whole. And don't forget,
tenants are the core of our economy. Thank you. You just wait. Is this two minutes? Cool. Hi, I'm Cat. I'm a staff member at Safe Streets.
I'm an advocate and I'm also a member of the ICT tenants union and I live in District 1. My
zip code is 67214. Now, I believe that tenant rights and harm reduction are deeply connected as
stable, safe housing is a foundational aspect of an individual and community well-being. Protecting
tenant rights such as income protections and access to habitable habitable living conditions
and freedom from discrimination helps reduce harm by preventing housing insecurity, which is a major
risk factor for poor health, substance use crisis, and criminalization. Now, I got laid off
during CO and I learned firsthand how brutal the housing system can be for people who are
working and without it. Without steady income, I got screened out of every rental even though
I was actively looking for work. Took me seven applications to actually secure housing and that
spent $350 to get those in. I couldn't imagine doing that if I were like homeless or had less
funds available. It felt like extra discrimination and screening for conditions that are beyond
my control. Renters like me need protections that recognize housing as a necessity and not a
luxury. Renters in which are some of the hardest working individuals in this city. They are young
people looking to buy and save homes. Elderly who have retired from a long life in the industry.
Workingclass people working to just get by. Our tenants union knows that strength comes from the
home. These tenants need strengthen. They deserve homes conducive to building strength. I'm sorry,
conducive to building strength and maintaining their health. These ordinances don't just take
the heat off of some of those that we've mentioned like Emory Gardens, but uplifts it uplifts and
strengthens the tenants of tomorrow. Mayor Woo stated during her campaign that Witchaw needs
to focus on the basics. These ordinances are the basic rules and regulations for rental homes.
If landlords are to lord over their tenants, they ought to respect and steward the land and
property that their tenants live on. Vote yes for the good of the tenants and strengthening
of the workers in Witchaw. Thank you. Mayor, Vice Mayor, uh council members, my name
is Garrett Holmes at 445 North Waco. Um I'm also an attorney here in Witchah. Uh and I come from
the same office as uh Mr. Kurt Holmes who spoke earlier. Uh like he said, our office represents
property owners and landlords across the city from large apartment communities to small
familyrun operations, mom and pops. Uh those are the people who who love Witchah and who are
keeping Witchah housed. When these ordinances were released last week, our office issued a memorandum
explaining why we think they're dangerous. They're an unprecedented expansion of the city's power
and an infringement upon property owners rights. Unfortunately, the proposed ordinances, if
made law, would not uh be effective policy and achieve their stated goals that u we've been
told that they would achieve. The truth is is that the ordinances weren't born from collaboration.
They were written with one side in mind. The very people who provide housing, the ones in this
room, weren't invited to that table. And that matters because when policy is written without
collaboration, you don't get cooperation. You get conflict. Instead of building bridges between
landlords and tenants, these ordinances build walls. They divide. They discourage investment.
They create red tape and resentment. Now, we've all seen the headlines. Um, uh, Council
Member, uh, Johnson just spoke about them. Uh, Witchaw doesn't have a landlord problem. It has an
Emery Gardens problem and some other properties. And we all know who those properties are. A
handful of bad actors have ignored the city for years. They've ignored the headlines, the the news
articles. Um, and they've allowed the conditions in those in their properties to rot. They've made
every responsible landlord, the ones in this room, in this city look like a villain. And that's
wrong. The city already has the power to deal with these properties. Uh, you can find them, you
can inspect them, and when they refuse to comply, you can shut them down. That's where the focus
should be, not on punishing everyone, but to enforce the laws you already have against those
properties who refuse to comply. These ordinances, if made law, would not get the properties like
Emory Gardens uh to all of a sudden probably clean up. Uh property like that isn't going to
pay your fines. They're not going to all of a sudden invest millions into the rehab process um
because they've already ignored it for years. The only action that the city can take against a bad
actor like that is to uh take the stand that we're not going to allow that shut that place down.
Um and when a property is shut down, you need uh a place for those those people to go. And
that's where the collaboration should really come from the city's perspective and where the
focus needs to be. Work with the good landlords, the people in this room who care about Witchaw.
Incentivize them to take in the displaced tenants. Help fill those gaps. incentivize those government
programs that already exist. Um, strengthen those and really try to build build real solutions. The
best way to move forward is not through blame but through partnership. These ordinances, they don't
uh they don't achieve the goals that they're set out to. They expand power um but they don't expand
fairness. In particular, the pro proposed property maintenance code gives a single official the power
to be the investigator, the prosecutor, and the judge. That's not due process and that's not how
a fair system should work. Landlords are long-term stakeholders. Long after you all have moved on to
your next opportunities, uh, wherever that may be, the properties are still going to be here. And a
lot of the property owners will still be owning the same properties. They're here for decades.
They maintain properties, improve neighborhoods, um, and provide homes to our community. They're
not the enemy, but part of the solution. So, I'm asking you respectfully to vote no on
these ordinances, not because you don't care about tenants, but because you care enough to get
it right and invite everybody to the table. Use the enforcement tools you already have. Shut
down bad properties. Work with the good ones to rehouse tenants. Build trust, not tension. And
this is our opportunity to turn a divisive moment into a collaborative one to show that Witchto can
solve problems without punishing the very people who keep our city moving. So, let's take this
opportunity together. Thank you. Before we move on, Council Member Johnson. Thanks, Mayor. I do
want to highlight, it's been said a couple times, I was looking for my list. Um, while we again
may not have met with everybody in this room, we did actually meet with uh private landlords,
landlord companies, and I know personally went to rental owners incorporated twice in which in
those meetings, I think there were anywhere from 25 to 40, um, landlords in there at the time.
So, uh, as it continues to say, um, that we did not we did and we talked about these things
and we got some feedback. That's where some of the um current even amendments came from because
there were some additional things that we were interested in and that feedback uh helped out. But
that did happen. Just want to put that out there. It wasn't us doing this in a vacuum. We have
been talking to people. Council member Johnson, do you have those dates so that people know? Yes.
The uh we met with private landlords. This was back when this was supposed to come up in 2023. We
met with private landlords in August, September, um October of 22, January of 23, and then
there were some additional conversations I had in 24 over at Atwater Neighborhood
Resource Center with private landlords. I before we move on, I did ask
for this very question which is can you provide a list of dates in 2025
where you have engaged all stakeholders. So, uh, going back to sort of public meetings that
have been conducted, um, I can say specifically, we had the city council meeting back on June 3rd,
2025. We went to district advisory board one on Monday, June 7th. District advisory board 2 on
Monday, September 8th. District advisory board 3 on July 2nd. District advisory board 4 on August
11th. District advisory board 5 on August 4th. District Advisory Board 6 on July 14th. And I
know that I met with a gentleman representing some landlords specifically. I don't know why his
name is it's going to come to me representing some landlords. I met with him personally during this
period. I'd have to go back and get exactly when uh I met with that that one gentleman. Um this is
just a comment really quick before we move on to um more public comment. To me that is not full
public engagement. Um and I understand that each of the six council members have monthly
district advisory board meetings. However, as I've gone around the city, um I've asked
people, "Do you know which district you live in?" And most people don't even know that very
answer. they don't know that their council member hosts monthly meetings that are specific to their
districts and specific comments uh that come out of there then at some point will come to a city
council meeting and so I feel like there has not been enough engagement because of that very
reason the dates I think thank thank you council member Johnson for reiterating that some of the
dates that you have were from 2022 2023 and now um assistant city manager Troy mentioned 2025
dates. I always believe that you have a seat at the table and I can understand the frustration
whether it's tenants or even landlords that just saw this item come forward last week even though
it has been discussed in multiple different settings. However, never in this length and in
this detail. And so I first and foremost want to encourage people to number one get to know these
uh individuals who represent your districts um as they have these monthly council meetings. And then
in addition to I believe that um you mentioned the renters association um that was not engagement
recently and um a greater group of stakeholders needs to be engaged and that is the landlords as
well as the tenants and I hear that there's that association for tenants. So I want to make sure
that real full engagement is actually happening, not just one landlord and one tenant speaking
on behalf of all tenants and all landlords. So um I see that there needs to be further
engagement. Council member Glass. Thank you, Mayor. I think this room is evident uh evidence
that we did not properly engage people. Um because when we properly engage people, this many people
don't show up to a meeting. So I think that's evidence number one. Second off, and this might be
somewhat disingenuous about the District 4 meeting on August 11th. I did not, our District 4 board,
I'm there every single month, did not hear source of income. We did not hear rental registry. The
only thing was about the International Property Maintenance Code. And it was more of a high level.
And so, we have not had public engagement since the language of these ordinances published at my
district advisory board or any other meeting. A lot of the meetings that happened in 2023, I
was not even on the council during that time. We didn't come in until August of 2024. And um
again, I think today shows that we did not do proper engagement because that would not be
the outcome that we would hear from people. Not to even mention the hundreds of emails that
we've all received over the past couple weeks. Council member Johnson. Thanks, Mayor. Um Troy,
I also don't have his name written down, but he is actually the new president of the group that I
mentioned that I spoke with. So, you did talk to um that gentleman. And then two just want to
highlight as we talk about public engagement um there is it's it's tough um we always say we
want public engagement and we encourage people to go to district advisory boards and that is
public engagement I guess in that sense but at this point when we talk about going to district
advisory boards it's it's definitely not enough now yes we can reach out to more groups but I can
guarantee that with naming specific groups and having that we still wouldn't touch everyone.
So the goal is to get out there and get as much feedback as possible from as many people as
possible. Often that is a district advisory board, but um there's always going to be some named gap
in trying to reach people where they are. And so again, I'm glad to see so many people here today.
However you found out about this was coming, I hope that everybody stays engaged, not
only um as this continues to get developed, but over the next several years, cuz there's
always some issues to engage with and it's great to have people to be able to talk to and
we don't always have an ability to reach out to this many folks. So again, thank you all for being
here. Council member Tuttle, thank you. Um and and it also I appreciate everyone who's here today,
everyone who has reached out um either email, text, phone call, grabbing me at the restaurant
last night. Um I do want to have a call to action if I can for the people who are speaking, other
people who may come up and speak, people who may email us or contact us after this. I I I think
I'm hearing there's going to be consensus probably that we want to delay this um to try and get
more feedback from land owners and from tenants. I I can't say um I'm prepared for a motion when
the time comes if if that's a a probability, but when you are speaking to us, if you could
provide I know it's last minute. Some of you towards the back will have more time to think,
but how do you want to be engaged? What might that process look like to be the most effective?
Um you know, is it having a town hall like this and letting land owners and tenants come and speak
to us? Is it a committee that we form to help us look through the international prop maintenance
property property maintenance code and see what revisions might be possible? I'm just really
curious if we can take this unique opportunity when we have so many um passionate witchins here
to see if we could also not only hear your opinion but provide us with suggestions on next steps. So
thank you. We will continue with public comment. There there have been two lines that have formed
since the beginning of this public comment series. If you mind, please stand in line. I know that
there a line has naturally formed on each side. Thank you. Appreciate that. We have someone
at the podium that had done it before and I just wanted to make sure that I was getting
in. Yeah, they they should not have done it, but thank you. Well, it's a passionate topic, but
uh my name is Nella Bay. I'm the owner of Cedar Mills Property Management here in Witchah. Um I
am opposed to this being passed today. However, I think that this has a lot of very important
merits that we as a community need to talk about and make action uh forward on. Uh I think the
reason there's so much presence from both tenants and landlords is there's a lot of ambiguity that
people don't understand exactly some of those gaps of how it will play out. How will a small nuisance
be compared to like the larger ones like Dalton asked? How will um the protected class of source
of income impact the people's ability to actually pay or a landlord's potential to be exposed to
getting sued? So I think these are the concerns we have. I think that we need to move forward
with this and we need to have a more strict process to deal with folks who are not complying
because it makes the rest of us look very bad. And most of us are are good landlords. Like I know my
company, we do a make ready checklist before any tenant moves in. We proactively try to address
any maintenance issues, cleanliness, smells, all the things. And I don't know if everybody does
that, but I think being proactive provides the tenant a better move in experience. and it creates
a better partnership for us to work together. Um, so most people are doing those type of things,
but that 15% that are not getting hammered when they need to, I think that's the issue we need
to resolve. We need to find a path to effectively holding people accountable like um, Councilman
Johnson said. And I would like to participate and I think there are a lot of other property managers
and folks who are stakeholders in the community and tenants alike that have opinions and have good
ideas because we are in the trenches so to speak every day dealing with these problems that arise
and they're not all landlord problems. They're not all tenant problems. Sometimes they're economic
problems. I mean we've seen what inflation's done to our community and the affordability
of housing. But at the end of the day, if you want me to follow fair housing laws, I have
to have standards and precedents to outline what are the qualifying criteria. And a three times
the rental income is one of those because we have found when we make exceptions, people struggle
and then they end up getting evicted and on the street and that's not really a good solution. I
don't want to move a family in or a single mom in or a young person in and then have to evict them
because they're behind and they cannot pay rent. So, while there may be other ways to create a
process that we as a community come together to have more emergency funding for people who are in
bad living situations, I'll use the Witchaw flag license plates as an example. That program is so
successful. I mean, people pay $50 a year to have this specialized license plate and there's a huge
fund for parks and wreck and they're trying to come up with ways to use it in the community.
What if we did something along those lines, but that benefited housing and make it voluntary?
Not a tax, not a forced item, but I bet you if you had something really cool to offer, like a
flag you can hang outside or some other I mean, I'm not creative on the spot right now, but
something like that where people can say, "Hey, I care about my neighbors and my friends, and I
want to make sure that if they are in a hardship, there is something we can draw upon to get them
out of a bad situation." I think you would get a lot of support and participation. So I guess my
point is I think we need to take a little bit more time um because it is such an important topic
and and bridge those gaps of the details that are lacking and come together um and support each
other and then hold those people accountable who are not carrying their weight and are not doing
the right thing and make sure that they have the appropriate consequence so they can either
get out of the rental market or do whatever they need to do. so the right people can start
administering those properties. So, thank you for your time. Thank you. We have questions from
council members. Council member Glascott. Mayor, uh to the speaker's point of this would be maybe
for the city manager and council member Tuttles's comments. If people want to stay engaged, I know
we don't have a list that people are writing their information down right now. What's the best way
for them to continue to gauge the process? Do we want to put a list outside if they want to engage?
Is there an email that they should reach out to so that they can be involved in perhaps future
correspondence? Well, as much as we have people identify themselves and their addresses, the
clerk captures that. Uh, in terms of followup, um, we could probably get a list out in the lobby
if people want to sign up for that. Okay. So, let's maybe plan on that. Maybe on your way out
there'll be a list that will be outside of these two doors in the middle that you could put your
information down and we'll have comms put that out there. Thank you. Vice Mayor Johnston.
Thank you, Mayor, and thank you very much for your comments. I do want to just clarify
one thing that the flag revenue goes to the parks and Rex Foundation, which does help parks
and wreck. For instance, they paid part of the uh the fee for the uh uh planning, the year-long
planning they're going through. I want to say that I've engaged with a lot of landlords, uh,
some tenants also, and all the landlords I've engaged with want the bad landlords taken care
of and punished. They absolutely want that. So, and they want to find a way to do that and they
want to be engaged in trying to do that. And, uh, one one of them gave me a pretty good analogy. He
said, "You don't kill a fly with a sledgehammer." And I I think in in some respects that's what
we're doing here. Uh we do need to take care of it. Uh I'm with Council Member Johnson. We do
something needs to be done. Um I'm just don't think we're there yet. So, but I do want something
done, but we we just have to make it so it just punishes those 15% or six or seven landlords, not
all the good ones. So, thank you, Council Member Hoheisel. Thank you, Mayor. I did just uh want
to add give some additional information to the last speaker uh regarding our ability to help with
affordable housing, affordable housing funds and whatnot. Um a lot of it's been cut. I think 98% of
our housing department is funded through HUD and uh currently we are looking at somewhere between
a 17% cut to those services in the Senate bill and a 43% cut in the the House bill. So, with the
upcoming budget discussions, the upcoming budget, um our ability to actually help with vouchers,
with affordable housing, with any of that, um will be severely limited and less effective
going forward. So, that will have to be part of our discussions as well is how do we help with
affordable housing? How do we help with vouchers with the people including seniors who are getting
squeezed in the middle? Um, I know it's the same thing with property taxes went up 8.6%. Uh,
social security that's not keeping up with that. Disability, that's not keeping up with that.
Uh, rental prices have gone up more than that as well. So, there's a lot of people who are being
hurt and are being squeezed in the middle. And that's going to have to be part of our community
discussion also going forward because our housing department's in for um a number of issues in
the upcoming years due to uh federal budget. Mayor Council, I'm Joseph Tex Doer 215 North
Parkwood Lane. I'm here today also as a DAB one uh DAB one member. Um, this came up in large part
focused on the codes as council member Glascock mentioned and there was only one single slide at
the end that referenced some potential policies that makes makes up the bulk of this. So, I just
found out a few days ago and I'm more here in my capacity as a DAB member giving feedback as I
would having found out like before a DAB meeting um on some things. Um, I'm not a landlord uh
but I have done past advocacy work with local property owners as well as community organizing
in Texas, Chicago, and elsewhere. And so we have a good opportunity to look at comparatively at other
cities at what they've done. Not a sledgehammer as council member Johnston said, but maybe a scalpel
approach that is able to focus on the bad actors. First and foremost, predictable rules protect good
housing, not bad actors. And right now, we don't have much prediction and much clarity on certain
things. Council member Hazel might say that this does not mean to uh crack down on people who maybe
the grass is a little too long, but unless the letter and the law is there on clarifying,
we don't we need to do that. After all, I think about politicians who uh when they came up
with federal income tax said only the top 1 to 3% would be taxed at a 1 to 3% rate, but because we
didn't put it in writing, we now deal with what we deal with these today. So, I I like the idea
that we have if we adopt the international codes, we need to have our own American guidelines within
them. Uh administrative warrant, I would say, skimming through this, define imminent hazard
clearly and narrowly for no warrant emergencies. I would pause per day fines while verified work is
underway. And most importantly, uh, it was brought up earlier, prevent stacking penalties across
overlapping codes for the same defect. Uh, with the reinstatement of the boards of code standards
and appeals, I'm not sure on their full process, but out of respect for landlords, there should
be a guaranteed timelines of like 30 days for a hearing, 15 days for a decision ideally. And then
the biggest threat I think and potential risk for a backlog is the cross the boards violations
registry. I would uh probably look at cities that uh have success with a risk tier system. Uh
violations across the board often just bogs down the system. Detroit's own violation heavy registry
became a failure and Buffalo's got weighed down so much so many years that the courts had to step in.
Higher courts had to step in. It's lots of paper, little compliance in single digit percent digits
on compliance. Huge backlog. Let's learn from others and look at cities like Minneapolis where a
risk tiered system is triggered from adjudication for life safety violations. Minneapolis has a 123
model where the first tier for best performers on an 8-year cycle and a chronic three tiers get
annual visits and higher fees. Grand Rapids and other other cities in I cities in Iowa also use
longer certificates for clean records and they don't drown city staff while punishing good
actors. So, we should look at these and tie fees to risk, not to any local witchins who
fix things when you actually call them. Uh, source of income. If you want landlords open to
vouchers, make it don't make it a big government unfunded mandate. Make it a good deal for them.
If this is about housing, clearly limit the SOI to housing within the language so it addresses
some of the things that homes and others have brought up. Add safe harbors for objective
screening the credit if it pass eviction history and inspection funding timing failures.
pair. I I heard the ESG there was some funding, but maybe we could look at Kansas City. Kansas
City has a $1 million landlord risk mitigation fund when they updated their policy and so we can
maybe see if there's success from that. They don't dictate to their own property owning citizens.
They recruit them to be a part of the solution. They pull housing supply into voucher acceptance
voluntarily and much more efficiently than just by si alone, which is slower. Uh finally, fees
and transparency. If fees must be set by council resolution, I would encourage a specific
additional public notice before such would happen. Uh maybe include a brief cost recovery
memo and if there is a reasonable annual cap or any discussion of that, uh that could maybe bar
be only exception barred for the supermajority vote of the council. Um it sounds like there's
a good sunset and transition policy in place, but it's important to measure to manage and
publish the trust for the predictability. Uh, I was thinking of how uh the sledgehammer
was mentioned in football season right now. We often say go big and go home in sports.
But that's the opposite here. Going big even with well-intentioned policies can often keep
us from real reforms that make the greatest lasting impact. It can mean higher rents and
fewer providers, especially the smaller local ones who we care about so much and against the
frustration of a lot of the out ofstate folks that I know we've encountered with zoning cases in
district one. So the council should provide strong tiered oversight that targets the worst while
not t taxing the rest and the best especially our local witchins who keep so many housed. By doing
so we'll hopefully get safer homes, faster fixes, more voucher leases as proven in those incentive
programs and most importantly more places for widgets to live in peace and in prosperity.
Thank you. Thank you. I'm just going to make a mention. Communications has witchah.gov/out
GV/outreach. Again, witchah.gov/outreach as a way for you to stay connected to tell us how you want to be communicated.
Again, witchah.gov/outreach. We'll continue with public comment. My
name is Gail Clark. I live in Sedick, Kansas. I don't reside in the city of Witchaw, but
my husband and I have nine rentals here in town. I don't know what districts they are in. I would
guess out of all you guys, we are going to hit at least half of you. So, for us to pay attention,
but to investigate when you're having your uh neighborhood meetings, um I find it odd that
I can get phone calls every week, at least five, and written communication from investors who want
to buy my home, but the city can't notify us of um when when this uh type of uh communication
and uh meetings things occur. Um, one of the I have a two pages that I have spent a couple
days on preparing and a lot of people have already covered the issues so I won't recover
it. However, in the people that have talked here, I've heard the word high level come up five
times. And if this has been brought up since 2022 and started to to be looked at at that
time, why wasn't the devil's in the details? And this has got a lot of devil in it. Um why
wasn't uh the details presented at that time? The assistant city manager was mentioning that
pass this and and we'll work on policies. No, that's not good. You either pass the policies
before you approve the ordinance or then you get more public input um uh as it moves forward.
So, that's a concern. I also think there's a big concern where we're trying to add more bureaucracy
to an 85% compliance rate. I don't have any examples of people or industries that have a 85%
compliance rate, but if my occupancy rate was 85%. I'd be I'd be skipping rope here. I'd be loving
it. So, um 15% complaints. Um the none were found guilty. Again, making an issue out of a non-issue.
Um the register or registry of of landlords who have violated or maybe not violated. Um I would
say that's a really bad idea. And if it passes, I would like to see a registry of tenants who
have willfully damaged our properties. And um that's illegal. Again, I just asked for decorum in
this council chambers. So um we have our networks, but um unfortunately um they're not farreaching
enough. So, um, keep that in mind when you're when you're thinking about the registry.
Um, the, uh, reduced appeal rights, uh, when you consolidate and you remove, um,
uh, oversight down to a few minute people, um, you know, that's just unconstitutional. Uh
first amendment amendment gives um citizens the the right to petition government for what's
called a regress of grievances or the right um to correct a wrong. Um, and I see that um
being ignored by if these ordinances were passed. um with respect to um a suggestion on how we
get um better housing um and and for tenants. Um socioeconomic status does not absolve someone from
keeping property clean whether it's a landlord or a tenant. Okay. So that is a is a huge issue. Just
because someone is on um uh uh disability or what have you doesn't absolve them from taking care
of your property. But did you know that I cannot garnish disability or social security. So if you
want to make that a protected income, probably ought to work at a higher level, whether it be
state or federal, for me to garnish said protected income because right now we can't do it. So if I'm
going to rent to someone whose sole income is on is social security, um I'm I have to look really
hard uh about doing that. Not because I don't want to be a good landlord, but because I have no
repercussions of getting my money back for damages and lost rent. I I hope that you defer voting on
this issue. We'll continue with public comment. Well, you can go. Okay. I guess I was here first,
but thank you so much. I really appreciate this. My name is Beth Snyder and I live at 2302 North
Rosemont Circle. My and my h me and my husband own Empower Homes LLC, a small family-run business
here in Witchah. We're what people call momand pop landlords. For us, this isn't just an income, it's
a mission. We take great pride in providing safe, beautiful homes that are well-maintained and
thoughtfully decorated. These three proposed landlord ordinances were introduced with almost no
notice or collaboration with local local property owners. I believe your intentions may be good, but
the process was too rushed and the consequences could harm the very people who are keeping
Witchah's housing stable and affordable. First, the property maintenance ordinance adds new fines
and inspe and inspection layers that will punish small responsible landlords right alongside with
the bad actors. Empower homes already maintains its properties with great care. Yet, one misrepair
or subjective inspection could bring heavy penalties that's not fair or sustainable. Second,
requiring landlords to accept all housing vouchers may sound fair, but it forces small landlords into
complex federal programs they aren't equipped to manage. If that becomes mandatory, many of us
will leave the market. Reducing, not expanding, quality, affordable housing. Third, the
expanded tenant protection ordinance, while well-intentioned, goes too far. In reality,
90% of tenants are wonderful people, hardworking and respectful, but about 10% know exactly how to
exploit the system. They file false complaints, delay payments, or weaponize laws to harm honest
landlords like us. These new ordinances would would hand that small group even more ammunition.
I've learned that not everyone shares the same honest values I do and these rules could easily
destroy the very people trying to do the community good like me and my husband. If these measures
pass as written, good landlords like us will leave Witchah's rental market and that will
increase homelessness and housing shortages, not solve the problems. I respectfully urge
you pause these votes and invite landlords to the table. Let's work together to craft fair,
balanced solutions that protect tenants and preserve the small local landlords who make
Witchah a wonderful place people are proud to call home. Thank you for your time and for
listening to those of us who truly care about this community. And I think it's wonderful.
I can I can hear on both sides, you know, there are definite reasons for this. And what
I would like to say is I think 90% of landlords are just like me and my husband. We're trying
our best to provide quality, affordable housing for the citizens of this city. And I really hope
that you will go in, the city will get stronger to punish those truly bad actors. I mean, it sounds
terrible to live in places like that, but that is definitely not what we have. In fact, I would say
my husband and I through trying to be really good, honest landlords sometimes end up getting abused
by some of the tenants that we had great faith in because there are those people that do know
how to exploit the system. Thank you so much. No questions. Craig Gable, 150 East 44th Street
South. Um, I want to you to understand upfront. I want good law landlords. I want everybody to
be a good landlord and I want tenants to have good good places to live. And you know,
you've got put forth an idea here that uh seems we already have the mechanism out
there. We already have laws that should punish people. I do agree on one thing. There should be
a landlord registry for anybody that lives or any uh uh group that owns rental property from outside
the city limits. Just outside the city limits, not 60 miles, not 100 miles, not whatever. Anyhow,
cuz those people are the ones with all the empty houses that the homeless people are breaking
into. Those are the people that you can't get served and they get by over and over and over.
Anyhow, so with that said, um I want to tell you a little bit about myself before we get started.
Uh, I bought my first rental house in 74. I think in 74 a huge percentage of these people were in
grade school or younger. Anyhow, and uh I bought my first rental house here in Witchaw in ' 84. At
one time I owned onetenth of 1% of all the rental houses in Witchaw. Anyhow, that's a lot and it
was crazy. I was crazy when I was younger. Anyhow, um, but I said I've been in it a long time. I've
been on the end where, you know, we're short on money and didn't do as good a job as I should
have. And I've, you know, learned and learned as I've gone along. And u what I've learned
is if you make a house as nice as possible, you you're pretty discreet on how who you rent it
to that they'll stay with you forever. And if you answer their call and do fix something within 24
hours, you're going to keep that renter forever. And I've had renters that 17 years and 126 years,
and both of them died before they moved. Anyhow, so with that I have recommendations as opposed to
uh complaining about this thing. Um the problem is this communication to start with. Okay. Um anyhow
to fix this this this communication problem, it's both for the renters and for the landlords. Okay.
The uh to fix the problems require every lease to contain a rental checklist for in and out. In
when they sign in, out when they sign out. 14. It should contain a 14-day 30 notice which allows
the tenant if the property is not fixed properly within a reasonable period of time, a few days
to give a 14:30 to their landlord. And that gives them if they don't fix it in 14 days, they're out
in 30 days. They can go find something better. Uh contact info for uh central inspection. There
should be a sheet in there so that they know who to call if they have a problem. And theoretically,
if they have a 14, give a 14th day 30 notice, they should call central inspection. Let's get central
inspection out of there. Um, uh, we need a section 8. If you want us to take section 8 renders, we
need a section 8 checkout, outgoing checklist, because what happens with section 8, and I did
section 8 for years, and I finally quit it, uh, is the, um, the tenant gets in there and they,
some of them have to pay a partial of their rent. Well, if you give them a notice to pay part of
that rent, they do some damage in the house, pull a plug in out, take a a smoke detector down,
they call the inspector. Well, then you can't collect your rent that much. You get it up there.
You'd call the inspector to come out. By the time he gets back out there, it's down again. And then
when they finally do get around to moving, their lease is over and you're not going to renew it and
stuff, they leave the place this deep or trashed. And I said, they need a checkout list. And those
people need to be penalized inside the system so that they don't rent again or at least a month
or so they can't rent. in in order to be fair um require an automatic small claims case whenever
an eviction is filed so that the you know right now a person has to go in evict somebody and
then you have to go file a small claims code it turns into a nightmare and a timeconsuming
one um you know let's talk about emery gardens okay you know it's bad okay you could get with
that inspector you could get a a a warrant to go in and inspect every one of those properties
you could put a case against every property you could put the the bill for that into the
hundreds of thousands and whatnot. And like I said, then whenever you you guys identify those
15%, make sure that there's some kind of little resource out there to just help somebody
get from one to the other. Maybe the the um deposit, you know, might be 300, might be
$500 or something like that. And I said, you could fix this problem a lot. Please delay this
item until it can be fixed. Thank you. [Music] Council member Hoheisle. Uh thank you, Mayor. I
did just want to I appreciate some of the insight there. I did just want to touch on one thing that
you had brought up. Um the vacant homes that is a big issue in a lot of our neighborhoods for a
variety of reasons. You're not lying. A lot of people do break in there. They cause damage. Um
squatters and whatnot, some drug issues that come with it. Um, so I did want to just talk about
um two things here real quick. One, the state has been considering uh doing a probate process
because one of the reasons for a lot of vacant homes is there's no designated um inheritor after
somebody passes away. So, the state is looking at possibly doing a probate process for homes under
I think maybe they were looking $180,000 or so to help with that process because it can often be
an expensive and timeconuming um issue that leads to little or no resolution. Um, another one is
so I just want to put that out on your radar so that way if you are having discussions with some
of your elected officials, you might bring this up and see if that's something you would support
or not. Another one is um and this one is kind of touchy, but right now we have to wait for vacant
properties to fall five years behind on taxes before we can have any action. Um and that's
that's fine because I want to give everybody I don't want to kick people out of their homes
for not being able to afford their taxes. Um, but whenever there are bad actors who are just
letting their property sit on a corner and depreciate and fall into disrepair, uh, it would
be nice to have some sort of recourse to get that property. Either we crack down on it and are able
to, uh, move it along or get somebody in there who will actually take care of their property.
So, those are two issues that we are facing with vacant properties in our neighborhoods and
some solutions that we are looking at, including on the state level. So again, just um some
information to provide for the public out there. Okay, so it's back to public comment now. Okay.
Um Tracy Terrell, um address 1526 Northwest Lyn and Witchaw, District 6. Um but I also have
property in every single one of your districts. Um, I do want to thank you for the ones that took
my call and text messages over the weekend to try to understand this clearly. Um, couple of things
that I do want to mention. Um, I was going to get up here and give a speech pretty much that
everyone else has already given, right? But as a realtor and somebody who cares about every
housing, everyone's housing needs in this city, even our unhoused neighbors, there's a couple
of recommendations um, uh, Council Member Tuttle that I would like to bring up. Uh Malcolm Gladwell
wrote a book called The Tipping Point. And one of the things that they were able to change, make
major systemic changes in the New York system um or in New York City crime system was about
doing something very small like catching people who were jumping bears to get on the subway. And
what they found is whenever they had enforcement on those little issues systemically it created
the ability to be able to change the directory later. And I think sometimes on these complex
social issues we have to look at what are some things that are within our control to be
able to facilitate this conversation further. While there are some really great things on
this and one of my biggest concerns is that all of this will be completely tabled and I know
most of you from having conversations know that we do need to have accountability to property
owners. I have vacant houses right now because they were just remodeled and they were trashed
in 2 and 1/2 months later. Right. And with that, those property is that property is going to sit
until I'm able to get back to it and rehab that, right? Um, with that being said, there are
also things and initiatives that are going on right now to increase landlord engagement.
United Way, the COC, continuum of care, um, is currently hosting landlord engagement times to
try to increase the number of landlords that can learn about all the bureaucracy and the things
that happen behind the scenes with section 8 housing or housing choice vouchers. Right. So, it
all goes back to when Mr. Anderson, when you first presented this back in August of 2023, one of
the very first items on that agenda was education and education for property owners, education for
tenants, right? So, the city of Witchaw Housing Authority created a handbook and that handbook
is available on the city of Witchaw's website. Now following you on Facebook, I see all of
the concerns from tenants that are voicing their opinions and feeling like they have been
unheard. Right? So I think it's an opportunity for us right now to then go out and say what's the
communication strategy that tenants have to feel respected and validated when there are concerns
to ensure that there isn't going to be retaliation and uh having evictions and understanding what
that process looks like. I have a tenant right now across the street from one of my properties
who's having an issue with her property owner and she's like, "Well, what do I And I said, "Well,
hun, these are real concerns. I'm not providing legal advice, but what I would tell you is that
there is an avenue called a 14-day 30." I said, "But you have to be prepared at the end of that 14
days. If he doesn't correct it, then you need to be finding another place." And she's like, "Well,
I can't afford to find another place." And I said, "Okay, so here's the thing. Here's the power
that you do have is let's come up with a plan, an action plan of how we can try to get you out
of this situation. Now it may not be right now but it could be that next step. So when we go
back and we look at these issues I also have to look at where's the community support services to
protect individuals that are facing these types of situations and we are having those discussions and
those discussions are ongoing. But I do think as our council, we need to be doing a better job of
communicating what are things that tenants can do, what are things that property owners can do to
start bridging that communication gap. Because at the end of the day, guys, it doesn't matter
what relationship you're in. Whether it's a tenant landlord situation, whether it's a council
and your constituents, it all starts with having communication with one another to bridge that
gap. Thank you very much for your time today. I'm short. Hello. Good morning, Council Mayor
Woo. It's nice to see you guys again. For those of you who are not familiar with my work,
my name is Donna Garcia. I'm a nurse and a family nurse practitioner doctorate student. I'm
getting ready to graduate. Next time you see me, I'll be Dr. Donna. Um, so what we do, I'm the
executive director and co-founder of Grassroots Bridgebuilders ICT. We're a nonprofit organization
providing trauma-informed homeless um, uh, advocacy and peer-based housing navigation.
So, every day I'm working alongside tenants and landlords, case managers to help individuals
transition from homelessness into stable housing. One of our uh our team operates at the direct
intersection of public health and housing access. Grassroots builders is built on collaboration.
We partner with property owners who open their doors to voucher recipients, low-income families,
and individuals rebuilding their lives. Most of these landlords are not large corporations.
They're small business owners who live here. They care deeply about their tenants, and
they often carry the financial and emotional burdens of maintaining older properties on super
tight margins. Through these partnerships, we've learned that communication and collaboration work.
When landlords, outreach providers, and tenants collaborate, evictions decrease, units stay
habitable, and neighborhoods stabilize. That's why I'm concerned about the proposed landlord
registration and code enforcement changes, which we don't have time or my personal scope to
go into right now. So while the intent to is to improve housing safety is commendable, a broad
registration system without a path to resolution could unintentionally harm the very people that
we rely on to uh keep housing affordable. Many code violations already fall under HUD's inspire
inspection requirements, which I believe Sally can correct me are coming on uh line in 20 uh 26.
Creating the second level layer of reporting and penalties can result in duplications and
conflicting standards particularly for landers landlords who are renting to our voucher holders.
If we uh increase this regulatory complexity as we've heard without support we're risk losing
these good landlords that we've worked so hard to identify. They're doing their best but they simply
lack the c the capital or the manpower to upgrade immediately. And every lost landlord means fewer
affordable houses for the next family trying to get off the street. There's a better way. Witchaw
already manages restoration and rehabilitation funds through that we've heard of. Um these funds
can be expanded or redistributed to help small property owners achieve the compliance rather
than penalizing them for a lack of resources. Imagine if we created a clearly advertised pathway
within city hall. a one-stop application process connecting landlords on the registry to local
nonprofits, LLC's, and contractors who can assist with affordable repairs or make ready work.
This would transform the registry from a list of violations into a community problem-solving tool.
One that promotes collaboration, transparency, and a shared accountability. Now, I didn't come
to you with just recommendations. I came with results today. At Bridgebuilders, we've developed
exactly that kind of pathway. and you'll probably hear from a couple ambassadors who are living it.
Our trauma-informed housing restoration program pairs property repair um and healing with skill
building. When a unit is vacated or in disrepair, we bring on individuals who are waiting for
housing, many overcoming trauma, addiction, and years of instability, and they help prepare the
unit for the next family moving in. This approach gives landlords labor and fast turns around, and
helps participants get hands-on job experience, structure, and most importantly, purpose. It
transforms code compliance into a community act of rebuilding. Each project involves the property,
strengthens the neighborhood, and helps people rebuild their own stability at the same time. It's
proof that restorative housing is both possible and effective. Real solutions that save money,
build equity, and restores dignity. If the city supported and scaled community-based restoration
like this, and if tenants got involved feeling so passionately to give their time and their sweat
equity, then we can see uh compliance that no longer relies on property loss and punitive uh
measures. We would be able to achieve safety and health without sacrificing ownership. I do
have a couple recommendations for the council as written. We should add citizens and nonprofit
oversight to any advisor or appeals board as is mentioned in the language. Um create city uh hall
restoration pathways that connect those landlords on the registry. Um and publish annual resort uh
reports. All those good things that we can do to keep accountability. Mayor Woo and council
members, Witchah's housing future depends on collaboration, not on punishment. The registry
alone cannot fix code issues, but a registry with built-in pathways for assistance and partnership
can. Let's connect people with those who need uh help and are ready to provide that kind of help.
The resources are available to keep units safe, preserve affordable housing, and promote dignity.
So, thank you for your time. Appreciate you. Thank you. Good morning, mayor, vice mayor,
council, and Mr. city manager. I do have a couple of questions. My name is Leavant Williams
and I do have a question. Even just starting out, I thought I heard something about
69 cases that have been presented and went forward. I thought I heard 45,500
were dismissed and maybe another 500 that went nowhere. Are we asking why they're
dismissed? Why they didn't go any place? That would be one thing that I would ask and that
I would like to know. Why are the cases not going any place, especially if there's something
wrong? I appreciate everybody who is here, everybody that is here. I appreciate the
landlords, but you are hearing very little from renters, especially renters that have some
type of a situation in the place they are in. So yes, I I hear the landlords and and I just want
to say from the beginning, it's not an attack on landlords. We know that there are many many many
responsible property owners doing great work and doing great things to provide safe quality
housing. But this is about some that don't do this. Some are not there. I would say that right
now I'm representing those little kids that go to school. Runny nose, sneezing, breathing hard.
That could be from mold. I'm talking about kids that could pass away from being exposed to some of
the things that our young people are being exposed to today. Then as a teacher, I I see those kids.
As a person who looks at equity, I'm wondering, are all rental homes the same? No. There are some
people who fix up a home just barely enough that it will pass code. That it will pass code. And
sometimes it doesn't pass code. And sometimes we don't know what happened. There are some landlords
who have a 100 plus homes that they rent out. what is the quality that they're renting out? Do
we have any idea of those types of issues as well? And then I I look at things from uh the position
of myself as being a AARP volunteer and I'm looking out for my seniors because that was what
I stood on as a council member, my seniors and my young people as a teacher and now as a senior
myself. Those are very important things that we need to look at. Are all rentals the same?
Obviously not. And then I I look at the time that I was a city council member and and I look at
some of the things that I did that really hit the tip of the deal pretty much like council member
Johnson Hohheisle who went into some of these places that were not livable. Later on, I went I
went into one and found out you should have worn a hazmat suit because that's what the inspectors put
on, a hazmat suit. No, I didn't do that. And then there was an area that is a huge it was a huge
concern for me. It was an area where we took a survey of that part of the community and they told
us that the city forgot that they lived there. It was in terrible condition. The city forgot
they lived there. That was the way that group of people felt. And so we checked even further. The
person that was working me with me at the time, she said, "Miss Williams, don't go in there and
sit down." Well, I did. I went in there and I sat down and I talked with people. But there was one
lady who just sit on the porch. A seniorly lady just sit on the porch most of her time. She had
a a a bed sheet that was around her porch area and she would sit there. I lost this little old
lady to death and I know that it was because of the living condition that she was in. Is that on
the document, her death certificate? Probably not. But I know that she died because of the living
conditions that she was in. So I applaud you. I applaud you for moving this and looking at this
again. But think of all of those that you don't know that have passed away because of where they
live. That is so important. Please think about this. Don't wait another year. For 10 years, we
didn't move it. You have the opportunity to move this in the direction that it needs to go. Thank
you so much for the opportunity, Council Member Hoheisel. Thank you, Mayor, and thank you, Levant.
I appreciate all that. Um, I I don't want to be respectful of the people standing in line. So,
when we're done with that comment, if maybe we could have somebody from our inspection units or
MABCD or maybe Troy come up and talk about some of our difficulties in prosecuting some of these
cases. And then also to touch on Levant's issue, one of the complaints I get um most commonly is
um slum lords essentially just painting over black mold, trying to cover it up that way in order
to pass inspection. So, uh, yeah, that's another concern that I hear quite a bit of as well.
Thank you. My name is Michelle Small Clifford, 330 West 2nd Street North, number 48812, Witchaw,
Kansas 67201. This is Darla, my service dog. I'm here to provide a more personal firsthand account
to what it's like living in a contaminated space. I became disabled after living in an
apartment with very poor air quality. And I'm very sad to report that the
same has now happened to my mother. Um, I'd like to say right off the bat that 15%
dismissal of the environmental complaint cases does not equate to 85% compliance on the
part of the landlord. Mold is very slow growing. There are very there are many uh opportunities
to abate for a watchful landowner, a watchful landlord. The International Building Code also
I'd like to amend. It does not specifically address mold, mildew, or fungus. However, it does
include provisions related to moisture control and unsafe conditions that can could contribute
to mold growth. emphasizing the need to treat the underlying causes of excess moisture. Experts
have said that mold can cause respiratory issues, but it's not against Witchah's housing code. You
can read more on this at https www.canansas.com in an article provided by Celia Hack from kmuw
July 10th 2023. Our National Institutes of Health Clinical Center writes, "Chronic exposure
to air pollution causes cytogenic damage, DNA strand breakage, epigenetic changes, and
altered gene expression." I think this is very important. We need to understand landlords
that it's tantamount to holding a loaded gun to the heads of your tenants. It doesn't
affect just this generation. gene expression, you're reaching into their future
generations. Okay. All these changes are associated with higher risk factors for
many diseases, especially for cancers. Gorani Azam and others 2016. Mold is present in every
environment to some extent. But when a resident claims that mold is causing or worsening a health
condition, it then becomes a fair housing issue. I want to say thank you as many others have
to the landlords who cared enough to show up, the property managers who care
enough to keep the properties in good good condition for those of us
who need places to live that are safe. But I sadly want to highlight that
the memorandum which Councilman Johnson has cared enough to move
his feet to put on the board today, it's in minority compared to the number
of states across the country which have bothered to do same on behalf of their
paying citizens, many of them well-paying. I know someone who spends $2,500 a month on rent
in a luxury building and has had a problem getting their maintenance to remove a a black moldy
minlit. That's a relatively easy problem to fix. Nonetheless, we do have predatorial landlords,
predatorial property management companies who are slow to respond. They have a tendency to
ignore or avoid the states where the laws are more stringent and they tend to go to places
where there the laws are more lax and they can find vulnerable populations on which to feed.
They make their money on the backs of sick people eventually sick people. And I have to say that
they're often underinsured. So we spend our days, well, not me anymore since I'm disabled,
but honest people spend their time going to work day after day to pay the bulk of
their expense, which is rent or mortgage. And then they find that after all of that,
they're left with tremendous medical debt and nowhere to live after their homes are found to be
condemned and unlivable and they're recommended to move out by their doctors. So, we have to
stand up. There has to be a standard. Witchita has to make a law to say that mold is not okay
in homes. It's got to be illegal. Thank you. Hi everyone. Uh my name is Lisa Hatrop. Um
my address is 297 South Persian. Um madame mayor and council members. Uh my husband and I
have accepted section 8 in the past and would like to relate to you why we stopped. We have
been hearing it claimed that if we had problems with section 8 tenants, the city will back up
landlords and hold tenants responsible for any damage they cause. But in our experience,
we have never had a section 8 tenant that did not cause damages far exceeding their
deposit. And the city has been of no help whatsoever. Our last experience with section 8,
the experience that resulted in our decision to no longer accept section 8, was a tenant who
deliberately vandalized our property. Briefly, every single wall in the entire house had multiple
holes. Multiple windows were broken. Every window screen on the house had been sliced. And there
is more, but I won't go into the entire list. This house has passed section 8 inspection for
her to move in. These were most certainly not pre-existing conditions. We did call the section
8 office to inform them of the damages. We thought they might like to know what this tenant had done
because this tenant was still in the section 8 program and still had a voucher. We requested
that an inspector come out to view the damages. The first person we spoke to actually laughed out
loud. She said only a supervisor can authorize an inspector to come out. So we requested to speak
to a supervisor. A supervisor did call the next day only to tell us the damages were our own
fault because we did not mitigate by conducting monthly walkthrough inspections. So we informed
the supervisor that we would no long that we would mitigate against future damages by no longer
accepting section 8. He responded that he did not care. What m what landlord does a monthly walkth
through? Would you not consider that harassment? The cost to repair that house was $4,400 in excess
of the deposit. And we received no help from the city. Instead, we received laughter and blame.
Every single section 8 tenant that we have ever had caused damage, and that comes out of our
pockets, a momand pop operation. Why would you force section 8 on us? We do the majority of
our work and we pride ourselves on being good landlords and taking care of our tenants and our
property. We have tenants that have stayed with us for over a decade, but section 8 has been nothing
but a nightmare for us. We don't understand why you're punishing us. Thank you very much. I have
a follow-up question to that and that will be if you can provide the name of the individual uh that
inspector's name or supervisor who laughed at you. um and basically um did not hear you. Can you
just provide that name to the city manager? Okay. Hello. Uh good afternoon, mayor, vice mayor,
councilman. Thank you for having us. Uh thank you for this opportunity to speak with
you all. Uh my name is Cody Arnett. I um my family and I own PMI Witchaw. It's a
property management company here in town. also a landlord. I'm also a tenant. I've been a tenant
in slums before. Uh I'm born and raised Witchaw. I love this city. I love the people here. I I
can't express enough of to all of you tenants, landlords. My heart's with you because I've been
in multiple situations. I've been, you know, the kid whose mom's trying to make it and we're
living with mold and we're living with I've had to, just as you, Councilman Johnson, I've had to
look a a single mother in the eye and tell her, "I don't know what to do for you cuz she
has mold and she can't afford to move and a landlord can't afford afford to remediate
the issue." Well, then the questions asked, "Well, if you can't afford it, you you
shouldn't rent out your home." Well, they they were able to afford it before, but then
taxes and insurance go up. Uh maybe neglect and abuse from the tenant happens. Just as we've heard
before, we've made it we've made this property as clean and as functional as possible. We we vetted
the tenant. We made sure that they were good um and that they were qualified and they take
care of the home. Something happens, you know, they get hit in in a car accident, they get hooked
up on paink painkillers, crack, whatever. mental health issue. This perfectly fine tenant destroys
the place in months. What a situation. And I I've just I've seen it in so many being a property
manager, I've seen both sides. And our job in property management is to be in the middle and
to be an advocate for both sides just as your job is in the city to a degree, right? I I I want
tenants to have good homes. I want landlords to be able to be landlords and to afford it. We
have to have some better collaboration here. Uh these these ordinance though I don't oppose the
intention. I oppose punishing the landlords. Let's collaborate. Let's not punish. If you pass these
ordinance today or if you pass them as they are, I I'm I'm telling you, mark my words, it's going
to give it's going to be an adverse effect. Rents are going to have to jump. They're going to have
to increase. They're already so high. In the years that I've been doing, the years I've been
doing this, I've seen rents go way up. And as a landlord, great. But it's just to keep it's
just to break even, man. Like, it's it's not to make money. We're not rolling it down here.
We're just trying to survive as landlords. But same as tenants. How can how can you afford
three times the rent when rent's so high? Well, I can't move you into a property and half or
more of your income is going to rent. That's not going to work. I'm putting you at a disadvantage.
I'm putting the landlord at disadvant or myself at a disadvantage. That's not fair for anybody. So,
if we're going to make that a protected class, good luck. You're going to see tons of evictions.
And that's terrible. And I don't want that for anybody. And I just I I can't express enough that
this is important. I'm glad this is happening. Probably unpopular opinion, but I'm glad it's
happening because we're finally getting a dialogue going here. And instead of passing these ordinance
the way they are, let's keep the momentum going. Let's keep the conversation going. Let's bring
everyone to the table and let's solve these problems for our community because it's it's
generations after us that are going to get the negative or the positive impact from our decisions
today. And you know that, I know that. Let's let's get together. Let's solve these problems together.
Let's not just punish one side or the other. Both sides have their issues and we shouldn't have this
division. We should be people. We're human beings at the end of the day. We're human beings. Let's
be human beings to each other. Thank you. I'm just going to make a quick comment. Uh please put your
name uh on the list outside uh communications has uh provided a list uh outside these doors if
you want to be part of that engagement process. Before we continue, I just want to make mention
that we did order pizza for the individuals who are here today. I know that this is going to
be a very long meeting. So, outside the chamber um hall, you'll be able to grab a slice of pizza.
You had me a pizza. Hello everybody. Madame Mayor, vice vice mayor and council members. Uh my name
is Jerry Mendoza. I work for Menanite Housing uh 2145 North Topeka. And we focus on um affordable
housing um and uh income based housing. And so, uh, we work with LITCH, uh, HUD and section 8, uh,
programs throughout the city. And I, my values, uh, go in line with what, uh, Menanite
Housing is is as a transplant from, uh, inner city Dallas. Uh, don't hold that
against me, though. Uh, I appreciate it. Um, but, um, their section 8 was a bad phrase to hear
when I was growing up. It meant like like he was saying, there is there's unlivable conditions.
And what we strive to do is make these conditions for these tenants uh that can't normally
afford regular housing um to where it's it you can't tell the difference between regular
housing and affordable housing. And so that's our goal. Um and so with that, we we see I'm
we're advocates for the tenants as well. Um we want to make sure we we are offering anything we
can. We're working with programs too that uh are reaching out to homeless individuals as well.
Um but with this with with this new ordinances, I feel like we're it's it's open-ended to
where it's going to it's going to double uh or it's going to duplicate the charges that
we work with or the inspections that we have with Inspire. Our LiteTek and our uh our section
8s are are with Inspire. And as as they mentioned, HUD is going to start in 2026. Um, and as they
also mentioned, HUD um has more vouchers than than they do um um funds for these this program.
And so I'm afraid that with these increased fees, uh we will not be able to offer as much uh
affordable housing as we have in the past because of the of the the the increases in fees. And so
we we'll have to increase uh rental um rates. And so we want to make sure that uh like they've said
before, we have an open dialogue and um have a a a round a round table or a a a gathering where you
get both tenants and landlords to come together uh both from the the affordable housing side
and the regular um conventional housing. And so to get to get an idea of where we can meet in
the middle because it is a problem. Uh we do see it. Um and I'm standing here. I can't say that all
our housing is perfect. There are some issues with some of our aging housing. You know, we have
issues that that that come up more regularly and and we try to to get in front of those, but
there are issues. There are times where, you know, it it it has to it it it's more time than when we
we feel like it needs to be. And so, um we we feel like if we get together and work together, we can
create a program that that benefits both sides. uh it doesn't harm one or the other. It it it
penalizes those people that are are are doing it on purpose are are out there for just the money
and they don't care who gets in in the way of that of that money train. And so I appreciate you guys
all the hard work that you've done and I just ask that we just temporarily delay it so we can get
more information and and figure out who can come to the table and and work as a team and and get
that get that program to the best of anywhere. um you know in in other states they'll they'll
replicate what we have here in Witchto. Thank you very much. Have a great day. Thank you, Council
Member Ho Heisel. Thank you, Mayor. Uh just one quick question, sir. And for anybody else in the
crowd who maybe has a experience with this, how is the new Inspire um method? It's very strict. Very
strict. But yes. Yes. We've been working with it with for LITC uh a while now and so we know what
to expect and so um we get in front of it. I'd like to say most of our well our maintenance team
has gotten an average of maybe 97 98% on all most of our inspections. So, uh it is it is meant
to keep us on on the straight and narrow and so and they they get they get on us if we have any
issues. Okay. I know it was also designed to maybe give some leeway on the bottom end with things
that aren't necessarily as serious issues. So, I am curious. They give us a a a a variable date
time to get those uh corrected. Some are are life-threatening, so they give us a 24 to 48 hour
uh time to turn it around. Others are not so much, so they give us a little more leeway. U but
the ones that that do affect the tenants, they they do focus on getting them uh turned
very quickly. I appreciate that. Yeah, I have just been curious how that's been working out
since it's rolled out. Thank you, sir. Thank you. Hello again. Um, excuse me. I may get
really good at this one of these days. U, my name is Sarah Calling and I'm 2116 South Senica
number 302. Formerly I was homeless at Tin City. I also lived at the economy in. I also lived at
the Frontier. I also lived at 2141 South Erie and before that I lived at the residence behind
Grace Baptist Church as a facility manager. Um, some of those addresses you might recognize
as things that have had violations and some of those things, um, the house I had before I was
homeless on Erie, um, it had an incident that happened there. But before something had happened
there, we had several nuisance reports on, um, whether we had no trash service at our house
after during COVID when we lost our jobs. Um, our grass is too long, we didn't have a carport
that was enclosed enough. Uh if we had our trailer on the side of our house, it could not
have trash on it. It was repeated um repeated calls and um violations like in a certain amount
of time. And it came to the point where like our yard we had moved into a house that had been
basically abandoned. It the person the land uh landlord was um the pastor's stepmom and
there had been she took care of the house. They had electricity which meant that people
were breaking into the house and you know but she didn't want to lose that house and we moved in
into it after our pastor had passed away. We had I'm trying to think of how many calls we had
just as far as the trash when we moved into it was trashed. And so we had moved in and there
was things that we had to do in order to make sure that it was um safe. But we were getting
calls about stuff that was happening in the yard. And my point, long story short, um some
of these calls that people get are neighbors that multiple calls and a lot of the times people
aren't seeing what's going on with the tenants, you know, and this hold on sorry I have one
hand and this is something that's perfect. I just got housing and then I was in a car
accident. I broke both my ankles and my wrist which could jeopardize me because I
can unable unable to work and uh sorry I'm sorry on maintaining safe healthy and comp housing
is essential. We must recognize that removing homelessness starts before we put people in
homelessness. And this is our chance as Witchaw maybe to start something new. Because if we always
do what we always do, we're always going to get what we always get. We keep changing ordinances
and making policies to enforce on these tenants and on these land owners. But what we're not
doing is addressing the people inside of those house. Like with the church, the house is only
as valuable as the people that are inside of it. And people are real people. You know, I like um
gathered with gathered strong. I love the idea that they have all of these organizations that
collaborate and like we have all these resources that are provided for the homeless, but a lot
of people are disqualified because they might fall under certain categories, but not others.
I mean, some of the people that we have that are homeless don't have a phone or contact to. But
before they were homeless, they did have houses, too. you know, they didn't I was a according to my
neighborhood, I became one of those bad tenants. You know, it didn't matter that nobody saw that my
grandson had passed away or that my son-in-law was killed. They saw my trash was piling up. We need
to I believe and before we start just cracking down on things because they don't fit into code
or because they're they're violations, we need to address maybe why these things are happening in
these neighborhoods. Why is the person down the street, why isn't their lawn getting taken care
of? Why did all of a sudden their trash piled up and you know things looks they look vacated?
You know, it's usually something that has nothing to do with the actual building. It has to do
with people going through things. You know, maybe their lawnmower broke down. of a violation
or penalizing them or the glass gets too long. Something breaks in a house and a lot of people
are too afraid to ask um their landlord to fix it because they're worried that they're going
to be moved. When stuff like that piles up, then nothing I wanted to say a lot more. Um I will
write it but I think that this gives us a chance to maybe create a board of people that will go and
before it becomes a violation talk to these people you know have services and like an umbrella to
if they are having problems taking care of these violations services provided so that nobody loses
their home nobody gets it's not a legal problem it is a person problem. Thank you council member Ho
Heisel. Thank you mayor. Um, we do have a program like that with the city. They do reach out um
and try and help people, especially people who do have issues, disability issues, aging issues.
I know we've worked with SP Mowing uh quite a bit to help get some issues resolved that way as
well. So, we do have that program out there. Um, I think we can request it whenever people
do call in to see if that's an appropriate um path to go go on. And of course, we don't want
to be punitive. A lot of times we start with the education piece given the 30-day fix a ticket um
and really try to be humane in how we deal with a lot of these issues. Can I say something? We'll
take two more, one from this side and one from this side and take a short break if that is Sure.
Mayor, when we do that, can we also have a list so these individuals can go in the line that they've
already lined up as well so we don't have to recreate the line? That would be great. Can this
clerk provide a list of names for each side? So, we'll take one from this side and one from this
side and then we'll take a short break. Hi, my name is Destiny Williams and I am an ambassador
for the Grassroots Bridge Builders. Um, I became homeless in um at the end of April. I do now have
housing. I am happy that I have some place to call a home. Um, but it was a struggle to even get to
that destination. Um, I went through the whole summer with looking at buildings while I'm walking
down the street. Um, having my homeless moments, you know, looking at like empty buildings that
are, you know, across the city. Why couldn't these be, you know, refurbished? Why can't, you know,
like the hospital that's just vacant, you know, why can't that be something that is for, you know,
transitional housing for the homeless? Um, I went through a lot just being in that situation. But I
also started understanding what was the point for me being out there. You know, I have education.
I am a CNA by trade. Um, you know, and it was hard when I lost my job back in April. I had lost
it at the beginning of the month and then towards the end it was just one of those, "Wow, you're
on the streets. Look at this. Nobody to help me, no nothing." And at that moment, I decided
that I wasn't going to ask anybody for help. But one particular day I seen my friend, she's
coming along with this uh RV. She kind of helped me out of my situation. There is no kind of
to it. She helped me out of my situation, guiding me to a destination that has me with my
daughter and we are both striving and surviving. I just want to say that maybe y'all should
revisit the whole landlord thing because some landlords are pretty good, but their
houses, you know, their facilities might be in some type of disarray. Maybe, you know, look
into seeing how you could help them instead of uh uh throwing people out because they're
u their housing isn't up to par. Um, I thank you for at least hearing
my side of the story. Thank you. Reset this or My name is Kristen Williams. Um,
8603 East Malbury. I own a property management company called Granite Key. Um, the reason that I
created that company, I'm not going to take a lot of time, but I was on the opposite end. I used
to work in aviation, um, and I was a single mom for a while, and I would always have trouble
with landlords, um, getting something fixed, whether I was paying for a higherend house
or a low-end house. When you're a single mom, you just get the end of your lease and you get But
a lot of times, I've I've had landlords show up while I was breastfeeding and com I mean, it's I'm
being graphic, but and walk in your door with no notice. I've had air conditioners go out and say,
"I don't know what to tell you." And but however, that said, I was also an aviation professional
and my um studies at Witchaw State University is international business. One of the things you have
to remember, I know everybody's focusing on and I do care for people. I love people, but it's a
business primarily. There's a small percentage you inherit property. It's been in your family a long
time and you're just the landlord by default. Um and you don't really know all the laws. And that's
why um when I decided to create um the company, I did have um was working on a homelessness um
project with Witchaw State. And we interviewed and videoed we we made a whole production of different
people that have been in and out of homelessness. Found out some came from really good homes,
went through a divorce, some had drug issues, some were abused and abandoned. There's a We are
just an area of people. So, one of the things I get is a lot of my clients are international. Some
of them are not even American citizens and they just want you to take this certain amount on. It's
all about budget. It's all about profit and loss statements. It's all about But one of the things
that I do when I first get somebody is I I try to look them up and find out more about who they
are. Cedric County does not have a good database for that. It just tells you who owns it. You see
a lot of LLC's like you said, you got to look them up. you've got to dig down and find out more about
that person or the owners of the conglomerate, the individuals that um I do a lot of work for um all
in Kansas and we're also in Oklahoma. So Oklahoma City has a a situation like like this. One of the
things is that I would suggest that we table this and you have to remember we have multifamily
properties, we have single family properties, we have different kinds of situations that where
you can't just put it all in low section 8. I couldn't take a section 8 customer recently
because their voucher was for 2400, but the zip code said that the rent was too high and it was
only 1300. It was a really nice fully remodeled home and they could not use their voucher because
they were turned down by section 8. So, there's a lot more than you realize that goes on. It is a
business and it's governmental. You've got to have a finance background, a marketing background.
You're you're a counselor sometimes. I there's times I love hearing a tenant has gotten married
or they had a baby. Um different things. But then we also have real issues. If I have an owner that
will not fix a mold issue, if I I we literally this whole pile here is checklist. I'm very nerdy.
So we get the property, we checklist the house. We do a property inventory inspection and then we
make a a a report for the owner. Say, "Listen, this is what we're seeing. We have all the assets.
Your HVAC is bad. You need to clean your vents." And then they get mad. They think you're trying
to spend all their money because it is again a business. So we try to find the spread. What do
you need to have? And then we have to stink for our supper as a property management company to
say we also have to follow fair housing laws, fair credit act, uh America with Disabilities
Act and on and on and on and every new thing that comes forward. That's why for people that wonder
about why they say three times the rent, it's just an average put out there. What that means is your
rent is one amount, but you have electric, gas, water, insurance, utilities, I mean, yard care,
cleaning the house on top of that. That's why we say it's not that you have to be a millionaire to
rent the house, but if your rent is $500, well, then you've got, you know, you're going to have
city of Witchaw water, you know, it adds up. So, well, we want to make sure you can afford to
move in or you need to look at a different house. And so we have there's a song called um
well I'm not going to sing it but um Fiddler on the Roof has a song called Matchmaker and we
we do interviews to match people with their properties. So honestly there's owners that I
have quit because they won't and it and have lost income. But there's also owners that I
praise and most of our landlords are awesome. So, some of them here spoke today that we do some
leasing for and we know that every checklist that the tenant has the chance to find out what's wrong
because we see every house has scars because they do brand new ones. I've seen them put faucets in
backwards. But the the point of it is I really think we need to table it into workshops based on
is it multif family, single family, rural, local, and then really give it a more serious thought on
how to handle the situations case by case. Thank you. Thank you again. And we have now taken the
names of individuals in both lines. We have not uh the city clerk will be doing that right now.
We will take a short 15minut break so everyone can go take a quick break. 15 minutes
120 we will return. Thank you very much. most council members here in the
room. I think we have all council members now in the chamber. So, we
will continue with public comment. We will now resume council um
sorry public comment regarding the item. I know that we had two lists.
We will begin with the right hand side. The first individual is Joe Corey. Was an older seem to have issues with his Are we ready? Okay. I'm sorry I'm late. I
was born late. My wife says I'm always late, so I'm late again. Uh, thank you for hearing me.
Thank you to the council for having this meeting. Uh my name is Joe Corey. I live at 3117 North
Ridgeport Street, Witchaw, Kansas. My wife and I are small landlords. Have a small property
management company. I'm the single employee. I've had a hard time convincing my wife to come
work for me because she doesn't like spiders, uh roaches, and mice. So, you're looking at the
only employee here today for my company. First, I'd like to say that uh as a small landlord, I
consider these proposed changes to be an undue financial responsibility put on myself and my
wife as well as other companies. Uh we have a lot of financial responsibilities that you don't
hear about every week, every month, every year. uh and we don't need you know undue necess undo
unnecessary uh uh financial responsibilities anymore. I kind of liken this sort of and I don't
want to put this all out of context but is another attempt by a ruling class to play Robin Hood and
to take from the rich and give to the poor except most of the people that you're taking from
aren't rich. We're not, you know, we're not rich people. We're just everyday taxpaying people
just like most of you in the city council are. Um, I think that most of the rules and pro changes
you're talking about are already on the books in one fashion or another. Maybe not specifically
spelled out, but there are rules and regulations in the Kansas statute for landlords and tenants.
Uh, you have local ordinances that are that are on file already for things like mold and and and
the health issues you're talking about that can be enforced with the current laws. Uh currently a
landlord has no recourse and no way to recapture money on a tenant causing some of these property
violations either interior or exteriorly. I went through this several times this year already
where tenants were were causing violations to the yard with trash and debris and tall grass
and I ended up cleaning those up because the tenant would not do so. even had to go to court
and pay fines for those because the tenant would not do that. Even under the duress of a 30-day
notice or 14:30, they still would not do it. So, I ended up doing that uh to to save the place from
being shut down by the city. Um the uh there are, like I said, there are other solutions for the
tenants. Uh they can give written notices to the landlord. They can call the city inspectors. They
can even call the police perhaps for violations. And uh they eventually at the end they can
also give a a 30-day notice to move out and have a landlord pay for those moving charges
and also pay for you know uh loss money by going to small claims court. So they have legal
recourses that they can do on their own. Uh, also I'm thinking that at this time I'm I'm
recently uh cleaning up two properties at this time that the tenants left uh many violations,
code violations like tall grass, uh debris and furniture outside in the yard. Uh I'm repairing
damaged walls, ceilings, lighting fixtures, water damaged floors, broken doors, windows,
pet damaged carpeting with pet urine and pet defecation stains in them. These are all caused
by the tenants. uh not to mention the un the loss of rent. Uh so in the end here I'm trying to say
that basically if you're seriously considering this new proposal and it's been mentioned earlier
by several people that if you're going to start some type of a penalty system and develop list
for tenants, you should also probably do that for tenants as well. You know we have a lot of
proposed lists nationally for people. You know you're talking about putting landlords on a list.
You know what would be next? you know, somebody who carries around two $200 bills in their wallet
or maybe the single mom has more than three kids, we don't need any more list or or or type things
like that where people are publicly noted for that. Uh, but if you're going to have this type of
list, I also would say you need to create another list and another violation list for tenants
who do these things purposely and repeatedly. I've had many tenants do it repeatedly. And if
you're if you're going to put me on a list and take me to jail, you should also allow us to do
that. For tenants as well, do this repeatedly. Uh and I'd say that if there would be a fine or
a fee to pay, I and most of the landlords in this room would probably gladly pay the tenants
fee if they're not able to to be put on that list and be registered as a as a as a repeated
violator. Thank you very much for your time today. Hello, my name is Lonnie. I live on 837 North
Gal and I'm a tenant and member of the ICT tenant union. Members of the union have been involved in
bettering the community of Witchaw for years in other organizations. They urge all of you to vote
yes on new IPMC standards, yes to ordinance number 52827, yes to ordinance number 52828, and yes to
the reinstatement of the board of code standards and appeals to ensure housing is habitable. There
should be updated code standards to include black mold, for example, to be a safety and health
hazard, plus the bare minimum standards to hold property owners accountable. Tenants provide
their landlords their livelihoods, meaning they pay rents and are expected to do so even if the
property has issues and is uninhabitable. And renters have nowhere else to go. If city council
voted yes, this could help reduce slum lords. The regular landlord that is doing their due diligence
should have nothing to be concerned about. Renters are the backbone for the city to function. their
time, labor, and money contribute to the future of Witchah. And if we want to keep dedicated
individuals to investing in their future of the city, we must establish protections for them
that are long overdue. Just as regulations for hospitals that are a core function to society,
landlords also need to have some set regulations because they provide housing also a core function
to the society yet have the least amount. The need for the proposal approval is affirmed when I
speak to tenants as they're living in conditions with leaks, black mold, and is making them sick.
Broken appliances, no functional AC in the summer, no heat for their families in the winter, their
foundations of their home are falling apart, and the list goes on. Yet, their concerns
are met with demands to pay rent instead. Tenants need to live in habitable homes and feel
safe enough to bring up any issues that may arise without fear of retaliation. Currently,
there are more repercussions for tenants who do not pay rent if they are rather than
when landlords do not acknowledge or pay or make necessary repairs to rented homes. I've
seen it repeatedly where renters will address concerns in their living spaces for months or
even years and are ignored and that breaks my heart. But the moment they are behind on rent for
even one day, property managers and owners will address the payment firstly instead. Renters in
Witchaw have shared their stories with us about homes that lack heat during the winter or concerns
that their landlords are about but becomes their issues become so severe that it has landed in the
hospital. We had someone comment to us that they addressed a concern of the gas leak with their
furnace and it got so bad that even when the CO2 um and the gas leak was monitor going off, they
were so under uh the they were so sick that they didn't understand that the beeping was to tell
them that they were in danger. They called their parents to tell them like maybe you need to
call uh 911 and they ended up in the hospital. So whether it may be mold, leak, or other hazards,
tenants have to survive and are expected to pay rent because there is nowhere else for them
to go. And income protections, for example, aren't necessary to ending homelessness in
Witchaw. It's inconceivable to expect someone in Witchaw to find a home if discrimination on
income is enabled. It is compassionate to vote yes on income protections and a bit hypocritical
to vote no if preaching to end homelessness in this city. As someone who works in grassroots
efforts with our unhoused neighbors and income discrimination is one of the biggest obstacles
that people face when looking for housing. If you want to make Witchaw an attractive
city, please vote yes. Keep tenants safe from arbitrary standards set by landlords.
If residents cannot afford to buy a home, they look to rent. If they cannot afford to rent
or cannot find a property that will accept their form of income, they become unhoused. Landlords
choose to be landlords. Renters do not have many other options. So why not make renting safe and
an accessible option? Thank you for your time. Madame Mayor, uh vice mayor, council, thank you
so much for your time. My name is Pat Daniels. I'm the uh I'm sorry, my address is 14700
East Timberlake Road in Witchah, 67230. I'm the president and government relations officer for
Rental Owners Incorporated, which is the largest independent landlord group in Witchah. Um, we
are not a haven for slumlords or for anybody that is a negligent property manager. Our group was
formed in 1967 with the charter of helping good landlords become better landlords. Every month
we seek speakers. We've had Sally Stang speak uh about section 8 and it's very encouraging some
of the changes in that group. However, we have had tons of reports about horrible issues dealing with
section 8 in the past and that is one reason that a lot of property owners are very gunshy about
taking that. Uh there are tremendous variances from one inspector to the next. Um one will
pass the house, another one would violate it for multiple different things um dealing with the same
house. And again, this is older information. This does not necessarily impact what's happening there
now. But that is a real concern for people about being forced to take section 8. Um, I believe I
am the mystery person that council member Johnson was trying to think of their name. And the same
thing with Tory Anderson. Uh, I did meet with Troy Anderson on July 24th. We met for a little over an
hour. I did not get a copy of the uh IPMC, but he showed me different excerpts on his computer. It
was a productive and positive meeting, and I did go online and look through it. However, what I saw
online was a generic boilerplate version of it. It did not have all of the modifications in it. Um
I begged him at that time during the meeting to please be involved in the process. We have worked
hand in hand with the city on previous ordinances, worked with staff in a positive manner. It was not
adversarial in any way, shape or form. And at the end of that, we ended up putting our full support
behind the legislation that came forward. But we did need a little bit of input into that. Being
in this industry and professionals, we do have insights that may not be something that staff or
others would think of. Uh so we very much want to be at the table on this and work positively to
move forward and try to reach a point. I'm not even sure if this is needed or necessary, but
as we delve into it, we can determine that the number one thing that I see as an issue with MABC
was back when it was called central inspection, Tom Schultz became the director and he was trying
to solve a problem that nobody before him could solve. So, he tightened up the amount of time
on the inspections to a 30-day window with one possible extension beyond that. The courts were
immediately flooded with minor nuisance things, exterior paint jobs. This is the middle of winter.
You cannot paint a house in December, January, February. And at that time, there was a no
tolerance policy. I think they have taken a little more common sense on that now, but there's still
a very short window before you end up in court. And I think the courts may have inadvertently
become a little apathetic about it because they're so flooded with cases. Um, court should
be the last resort. The inspector who has boots on the ground that is looking at your house, that
should be the person that makes the decision about extensions along with their direct supervisor.
As long as you're making demonstrable progress on the property, it's a large house. you got a 20%
painted, maybe 30% painted in the first 30 days, that is absolutely grounds to give another
extension. Now, when they give an extension and an extension and nothing happens and there's
no valid reason for that, then maybe it's time to look forward to going into court. But I think
under the current system, things are rolling into court too quickly and it's almost a production
line type of thing once it gets to court. But we need to have a lot of carrot and a lot of stick.
But there needs to be a large divide between those two. And as far as Emmery Gardens and places like
that, it is my understanding that they have the authority to close that down now. But there is a
huge problem with displacing the people that are living there. That's bad optics and it's a human
tragedy. They're living in horrible conditions, but at least they have a roof over their heads.
So, that's a decision that has to be made by the council and by MABCD. Um, but it's a very, very
tough call, but that can be dealt with without any of this being added into it. Uh, thank you very
much for your time and I look forward to working with the city staff and council and and I've
talked to the city manager on numerous occasions and he's been very proactive and has always been
positive to work with on it. Thank you so much. Thank you, Pat. Council member Johnson. Thanks,
Mayor. Uh Pat, glad you're here. Sorry that you were mystery earlier, but glad you were here. I
just had a quick question for you, though. You said the court process is too fast. Is that the
process now or the process that's being proposed? They go into court too quickly now. There's
a very short window. You receive your notice of violation, you get one extension, and then a
uniform criminal complaint, and you're appearing in court. And again, I think Tom Staltz did the
very best that he could at the time trying to cure a problem that nobody had been able to cure up to
that point. And it still seems to be a somewhat uncured problem. But the inspector themselves,
it's our belief, should have the latitude to grant more extensions, maybe two or three depending on
the size of the project, an 800 ft house versus a 3,000 foot house. and it's on the same time
frame to do an exterior paint job and rescreen and rewind. Uh they're not comparable. And then
of course with their direct supervisor, but these are the boots on the ground people that are really
dealing with it, walking around and looking at it. When it gets to the judge, it's almost abstract.
He just has to listen to what the inspector says. And I think we're wasting the judicial time. Um
I think that needs to be reserved for the people that are really violative and negligent on their
properties. Okay. Thank you. Thank you so much. Uh good afternoon, Councilman, uh vice mayor,
madame mayor. Uh my name is Michael Mscaro, and as a member of both ICT Alerta and
the ICT tenants union, I want to speak today on behalf of the workers and
immigrant tenants in our community, the ones who are hard at work right this moment
because they can't afford to take time off. I urge you to support the proposed ordinances
on income protection, the landlord registry, and stronger housing uh code standards. The union
has uncovered landlords in a local online group openly advising one another to call US Immigration
and Customs Enforcement, ICE, on tenants as an act of intimidation, discrimination, and violence that
cannot be tolerated. At the end of last summer in Aurora, Colorado, a property manager and his
property management company spread rumors of a gang taking over an immigrant majority
apartment complex. That complex had long since grown dilapidated. Tenants were asking
for menial repairs and the property manager was facing legal repercussions for multiple code
violations at multiple properties. Instead, these rumors were used to justify intimidation
and evictions. In February of this year, an Illinois landlord faced consequences for
their discrimination when they were ordered to pay more than $80,000 for threatening to call ICE
on tenants based on perceived immigration status. Despite that win for tenants and immigrants,
those inflammatory narratives from last year had real consequences. At the end of last month,
a Southshore Chicago landlord profited from the violation of their tenants constitutional and
human rights regardless of tenants citizen citizenship status for the purpose of evicting
37 people and intimidating the remaining tenants in an act uh in an attempt to evict them. This
is the violence that our landlords have been joking about. And tenants are already being met
with violence and retaliation because they have asked for repairs by landlords that say if you
think tenants are annoying now in reference to repair requests and the power these ordinances
offer us. The question I have to ask when an inconvenienced landlord, property manager, or
rental company is able to profile a tenant rather than provide the required updates to keep their
property in code. Are my immigrant friends and family safe under this current system? The tenant
union believes no. Not yet. As I've said before, local landlords are already comfortable posting
online as though immigration enforcement is their tool. They casually talk about how annoying
tenants and their repair requests are. If this is how local landlords speak in public
when they think no one is listening, what kind of culture exists behind closed doors that leads one
to think this isn't this is appropriate? Not just from not just as mom and pops or small business
owners, but as individuals in our community. Without a robust landlord registry, code
enforcement, and income protection protections, our most vulnerable renters remain at risk
of being exploited, harassed, evicted, or even having their lives further threatened
with immigration enforcement. These ordinance are not only about housing. They are about
dignity, equity, and safety for all workers and immigrants who simply want a home and
to live without fear. If we must delay, then I must ask on behalf of the working tenants
that I am representing today that we return at an accessible time in the evening after most
are finished with their work for the day. It isn't fair to the hardworking tenants of
Witchah to go without representation after paying the wages of these landlords to come and represent
themselves. Thank you each for your time today. Madame Mayor, vice mayor, council members,
Eric maybe. Maybe property inspections address is 143 North Rock Island, unit 202, Witchaw,
67202, District 1. I come as an inspector. Um, I'm a third party inspector. I inspect hundreds
of homes every year. I see a lot of what Brandon Johnson does see. I see it from both tenants and
landlords on both sides. One of the things that I do like about this bill is the incorporation of
the code, international maintenance code. One, it sets a standard of what we're inspecting. Two,
when I go to inspect for a tenant, I can pull through that. If I go to inspect for a landlord, I
still have the the same paperwork to do so. Again, I'm independent. I'm not representing either case
or either side, but we do inspect hundreds of properties that are neglected either from tenants
or landlords. Um, we talk about 15% when we put that into numbers, we're talking thousands of
homes um that are in that condition. 15% sounds small until we we talk about the number of homes.
That being said, it needs to be fair on both sides because we do see um the complaints from both
sides. I do we I mold spoke a lot today. There are landlords out there that do take mold seriously
that do do mold test and and do followup. Those um landlords should be, you know, u put on the
spotlight because they're doing what they should be ahead of time before this even came up. That
being said, there are landlords you could do a million tests, you could do a million inspections
and nothing's ever going to be done. MABC. I kind of I don't have a lot of trust in them. We
do a lot of new inspection, new construction inspections, and they're scary. Um, and now we're
adding one more thing to their plate. I don't see how that's going to accomplish anything.
Something else needs to be done. Um, as far as that goes as well. Um I heard HUD and um Inspire
brought up the difference about um international maintenance property code. It actually does have
tenant responsibilities where HUD only has the financial responsibilities. It doesn't actually
have the maintain maintenance responsibilities. Hello, my name is Adelia Carter and I
live at 4831 Eastwood. I'm a tenant, a civic engagement graduate, and a sorry, civic
engagement academy graduate and a founding member with the ICT tenant union. I am here today
because of my conviction that every one of my neighbors deserves a safe and affordable place
to live. Here in Witchah, Kansas, the minimum wage still sits at 725 an hour. At that rate, a
tenant would need to work 81 hours per week to afford a one-bedroom home at fair market rent.
That any one of my neighbors is spending their days hard at work only to return home at night to
pests, black mold, inadequate heating and cooling, or hazardous structural conditions is unthinkable.
And yet the time I have spent going doortodoor and speaking with my fellow tenants has confirmed
that not only is it happening, it's common. I would like to tell you about a few of
the tenants I have met. United not only by the fact that they are elders and on a
fixed income living with COPD and asthma, but by their conditions. Burst pipes and other
units led to issues like a sagging ceiling and rampant mold growth. The mold was painted over
but quickly grew back. One tenant confided in me that they suspected the mold spread to their air
ducts, saying that coming home to their apartment and turning on the air made them feel sicker
and that they were afraid of what they might be breathing in. As if the blow to their health
wasn't injustice enough when their AC broke, maintenance did not address it. The unit ran
non-stop, unable to keep up, racking up a staggering bill month after month. The alternative
was suffering through the heat of the summer while ill with no air flow at all. They fear getting on
management's bad side because they cannot afford to go anywhere else. Pest control refuses to spray
every room in the unit. So, they are few forced to use their own money to fight off the roaches
and bed bugs, desperate for some relief. Again, their story is not uncommon. It is reflected in
countless properties across our city owned by slum lords who neglect and take advantage of our
neighbors. We are here today to put a stop to it. My heart is also with those of our neighbors
who are waiting with housing vouchers, tribal benefits, or social security in hand. If only they
could find a landlord to accept them. Their money is good, regardless of where it came from, and
their need is dire. Some case managers report needing months to find a landlord willing to say
yes to housing their client. It is unacceptable to me that multiple people have lost their vouchers
altogether because they expired before they could secure housing. The city of Witchah has made
a great financial commitment towards ending homelessness and many city leaders have been
vocal in their support of that goal. The next step is voting for policies that make it possible
for people to find and keep their housing. The point has been introduced that landlords also have
grievances with their tenants that there are they are sometimes faced with thousands of dollars
of damage and repair costs after somebody moves out of or is evicted from their unit. To put it
bluntly, this is a red herring. There are avenues that a dissatisfied landlord can take to seek
resolution. But the aim of these standards and ordinances is to make immediate improvements to
the protections offered to the tenants of Witchah, and they will do that. The landlords of Witchah
should not hold the safety of their neighbors hostage until they get what they want. To
close out my comment today, I would like to read a quote from Pope Leo the 14th's apostolic
exhortation, I have loved you. Popular movements invite us to overcome the idea of social policies
being a policy for the poor, but never with the poor and never of the poor, much less part of
a project which can bring people back together. If politicians and professionals do not listen to
them, democracy atrophies, turns into a slogan or formality. It loses its representative character
and becomes disembodied since it leaves out the people in their daily struggle for dignity
in the building of their future. Thank you. Hello, mayor, vice mayor, and council
members. My name is David Robinson. I live at 11603 West Berdo. Um, I'm a landlord.
I'm very, very lucky because my wife is very, very active in our business. Um, I had a whole
bunch of stuff drawn out and it was been mentioned over and over. I did want to key on something that
the lawyer had said on the registry. She because I didn't read it this way, but she said it was
two violations on a property, not two violations on properties. I am concerned with that because
there's a vast difference and obviously you know it and you know it. There's a vast difference
how some landlords react to getting a notice of violation. I got one last summer. I had a tenant.
He got informed by FedEx that he wasn't going to make the cut when they merged. His mower broke.
He just locked up. He went home and went to sleep every day. The day I got the notice, I loaded
my mower up and I went and mowed the yard. Well, if I had gotten two of those, the way I read
the law, then I'm going to have to register. Even though my reaction wasn't to give him a 1430
notice, I went out and took care of the problem on that because I was concerned about that. I
don't want to put up with things in that I won't I won't put up with things in the neighborhoods
I have homes in that I wouldn't put up with in my neighborhood. And I have I said I told JB I have a
house just up the streets from the clinic that he does great work at. I have houses I don't think um
I don't think I have one in yours. Um possibly not yours and then Maggie's but everybody else I have
rentals in. We start in College Hill and go all the way to 119th in Central. Okay. I wasn't sure.
Um, on the issue of section 8, I've never applied for section 8. I've heard horror stories from some
of my friends that have taken it. I'm really have an issue with a law that's compelling me to have
to enroll into a voluntary federal program. And I understand I said as I've heard the horror stories
about Emerald Gardens. I'm actually going to go by there this week just to look at it, just to drive
through. Um I understand cuz I have a friend that knows you and I've seen some of the pictures on
your Facebook page. Those landlords need to be held accountable. I'm wondering why that there's
not a vehicle right now to do that. You know, you talked about tenants being afraid of retaliatory
landlords. Is there not a law that that a landlord cannot do in a retaliatory eviction? Is there not
a process that if someone feels that they were evicted in a retaliatory manner that they can seek
redress in courts? Just like that young woman said is if I have a tenant that destroys my property. I
can seek redress. I can go in and sue that person in court. Now whether I get paid or not on it is
a completely different matter if I win. but is an author a process that prevents the landlord from
doing a retalatory eviction. And the lastly, I'm I'm really concerned with this. I before I Googled
what an average landlord was, I actually thought I was a real small landlord, but the average
landlord has his home in two properties. Um I'm actually because after reading all this, I'm
wondering is if my investment in rental properties is worth it. What's the What's the landlord with
two properties going to think when he goes, "Oh, wow. Look at all this stuff I've got to do now."
There may be a consequence of going through and passing everything that's been listed here. And
what that's going to mean is you're going to have less rental properties available. And probably
the ones you're going to lose are not the Emerald Gardens and not the guy not the people that are
that that you've been in the homes to see how horrible they are. They're going to be the guy
that's just doing a really decent job and he's renting houses that he would not have a problem
living in and he's going to go out and seek a different investment. Thank you for your time.
Council member Hoisel. Thank you, Mayor. And I appreciate you coming up and speaking, sir. You
do sound like a very responsive landlord, so I do appreciate that. um two of the issues that you
were talking about. Uh one, I don't believe that it's just simply getting a fix it ticket that will
trigger or getting two fix it tickets. It's having that go without it being taken care of. So the 30
days when I read it, it said notice of violation, no conviction required. And it said two notices
of violation. It didn't say per property. She did clarify it. I would love the law to be adjusted
to clarify if there's two violations for a property. I still think that's a little excessive,
especially if I'm able to react and get everything handled on that. The landlord that is my mentor,
one of the things he always said to do is before you do a 14:30 notice, if you got a problem with
the tenant, you need to sit down with them. You need to see if you can find a solution before you
have to start putting pen to paper. And that gives you the quickest way to resolve problems. So if
you got a car parked where it's not supposed to be parked in a backyard or in a drop in in a front
yard or whatever, if you can talk to the person, you can get them to move it. If you put the
notice up there, then everybody's got their back straight up and they don't want to agree to
it. And then the tenants going to wait 15 days to move the car. That's just an instance. No, I I
can appreciate that. And I know Council Member Johnson's the same as myself. And anytime we do
discuss these issues with landlords or tenants, we um we encourage dialogue and we also encourage
keeping a record of that dialogue. Um to to the point of some landlords, I remember council
member Johnson talking about um a time that it was written in the lease to actually there was
no fan in the bathroom, so you have to have the window cracked um in order to to uh give some air
throughout the space. And the tenant hadn't been doing that. and that's um something he had talked
about as far as making sure you keep records of your dialogue and whatnot. So that way we can
get to the bottom of a lot of these cases. Um the second one I did want to touch on is a landlord
retaliation. You're correct. It was illegal on the state level. The problem was was there was no
actual enforcement arm to it. Um and then also we are beholden to the landlord tenant act. So, what
landlords can do, it was obvious to us that the reason that they were being kicked out was and
the guy admitted it to me. We didn't have any enforcement at the time. Um, but you can go back
and you can look 6 months in the past and say, you know, you were 3 days late with your rent
6 months ago and that can still be grounds for eviction. We can know that that's retaliation
straight up. Um, but just having that and that again that's the state landlord tenant law
that we are um preempted on that. We have to uphold as well. I'm not super sure that's true
and Kurt and Geral and Garrick would probably be able to confer. I don't know. Would you ever
take anybody to court because your landlord came to you and said, "Hey, the tenant was three
days late three months ago for an eviction. I'm just I I'm We'll we'll keep it just so that
everyone is trying to hear from um our YouTube channel. We'll keep this conversation at the
bench if there are direct questions asked of uh the individual. Would you like that individual
to come forward? Uh council member Hisel. Um Sally is the one who if he wants to. Yes. Um but
Sally's also the one who um has talked this issue through us. Sally, can you address
this? Oh, there she is. Way back there. Um, we are beholden to the landlord tenant act for
sure. Uh, we don't see a lot of cases. We do see cases though where someone will file a complaint
and then all of a sudden they're um being will be served eviction notice for things that have been
allowed in the past. That's for sure. Okay. Yeah, that's I mean that was one that we had talked
about during that the whole landlord retaliation. So it's correct. I mean I I understand and I again
I I understand your perspective here sir and I respect that. I just um I don't take section 8, so
I I don't I I don't have her to call and complain. If I've got to move somebody out because they're
not paying rent, then I'm dealing with with my lawyer. And I'm pretty sure my lawyer would look
at me and just tell me I'm stupid if I was going to want to want to get somebody evicted for
not paying part of rent three months ago or still living there. I I can appreciate that, sir.
Thank you, Council Member Glascock. Thank you, Mayor. This might be for MABC. Uh, quick
question. So, um, without any particular ones, let's say we have a bad faith actor, they have
a multi-family uh, dwelling place. Instead of condemning the whole property and pushing hundreds
of people at the same time or dozens of people at the same time out into homelessness or try to
find another solutions, is there a way that unit by unit could be condemned um to try to get them
in compliance unit by unit and that way we're not exacerbating the system with so many people on the
streets? The the unit byunit strategy is exactly what we normally employ. That's what we find to be
the most effective with what we have at hand. So, we would not specifically condemn a unit, but uh
we would list it as uninhabitable. So, if if a tenant is in it at the time, then we would seek to
work with the property manager or the landlord to uh get them temporary uh quarters if if it was
needed for the repairs. If the unit is vacant, then there to repair it before uh they move
someone else in. So, we have existing tools already in place. Yes. That we can utilize
to do that. and and that tends to to be the most effective again given given access and
authorization if we can keep a tenant engaged where we have a valid complaint and a tenant who
is still there and still engaged um to that's the way we work through it and we're we actually just
like everything else that's been discussed today high percentage of our cases go exactly like that.
Uh there is always that percentage of outliers where we have problems that bring us bring us to
a discussion like this today. But even on those outliers, we could still do a unit by unit to make
sure. Correct. The biggest challenge we have there is so many of those complaints come to us after
or as the tenant is leaving. Okay. Thank you, Council Member Holis. Thank you, Mayor. Chris
just actually answered my question about what happens and how far in the process is it are we
able to actually do an inspection and reinspection of the unit. So sometimes accessibility is the
issue and again we have to rely on the tenants to actually invite us in or the landlord um to
actually be able to inspect a lot of these units. I follow up to that and this would have been a
question for legal earlier when we had said that we already have administrative tools to be able to
do that administrative warrants to be able to do that. Wouldn't that be able to solve that problem?
It and it is a possibility. We do have that uh at our disposal. The challenge there tends to
be getting the evidence to uh gain the warrant and and to to get that. So if you look at a large
multif family uh complex uh the the effort um that is involved in trying to to bring that through
a process like that is is fairly large. And then again too and Sharon could could probably speak
to this better than I, but we we have to have just like with any other case, we we have to have
enough hard evidence to uh to warrant the warrant. This seems like a great tool to be able to hold
bad faith actors accountable if we figure out a way to refine this process. what you're talking
about and maybe add more teeth to that particular process, then the rest of this conversation
may not be needed. If we can make sure we're holding bad faith actors accountable through that
type of process, exactly. So, you feel the same that that that and then, you know, anything that
helps us kind of increase our ability to retain uh access where we know we've got violations,
but based on a technicality, um we're we're not authorized back in. Well, let's strategize about
that because I love that pathway. Thank you. We'll continue with public comment. Hello,
my name is Ayana Stenham. I am a realtor and property manager. Um, I would like to say
that I highly oppose the entire ordinance. Um, so instead of saying what everybody has already
said already, I will say this after prayer. Thus says the Lord, I am the Lord that teaches you
to profit, who leads you in the way that you should go. I am a just God. It is unjust what
they are proposing. Witchah realtors and land owners and property owners that are gods. We are
God's people and children. We invoke, you are to invoke your tithers rights. Rebuke, resist the
devil and his devices from stealing from you. No weapon formed against you shall
prosper in Jesus's name. That's it. Amen. Thank you. Mayor, vice mayor, is there?
Yeah. Uh council members, city manager, and council. Um my name is Corey Harkle Road. I own
HJH Investments. Uh it's a commercial real estate uh syndication firm. I am a landlord and I am
a tenant at 300 West Douglas Suite 1031. There is much that is wrong here. Um this is a rush
to get something passed before taking the time to get it right. Brought forth by parties
that are only thinking about one set of priorities. intended unintended consequences
will be plentiful. The way this is written, it'll create a mess. It'll cost us cost the
city significant amounts and city employment alone. On the flip side of that, having a
big single decision maker playing police, judge, and jury creates a system that
allows for abuse and significant abuse. I'm a commercial guy. There's been
no consideration of of the effect on the commercial world that I can see in
anything that is written in here. And yet, the commercial people will be affected by these
same policies. These sources of income clauses don't consider what's going on in the commercial
world. I have to make a decision on behalf of my investors that I have a fiduciary duty to to
make a decision as to whether or not I have a large corporation come into a space or a startup
business that has very little income to pay for their rent. Now have both as tenants but I have
to make a decision as what's right and what I need to do in each circumstance and that decision
should lay upon me as manager of that property. and not a city bureaucracy
or a single abuse of power. Property ma maintenance registrations on large
properties two violations is too small. If you think about the size of some of the properties,
the commercial properties in this town, it's very easy to have two violations in one
visit from a code enforcement person. These things need to be considered and they haven't been
considered in what we're reading. Registration of leases. This is a data grab. This is this is big
data grab. Purposeful data grab that's going on and that should not be allowed. It'll also
slow down the leasing process as it exists. I'll let you guys answer this. Did we reach
out to the CCIM chapter in this town? Did we talk to the large real estate companies
in this town and ask for their advice? I didn't hear anything and I haven't heard
anything from any of my compadres. You guys can answer that. If you guys approve this in
this form, the way that it sits right now, you guys are going to create a mess
that you won't have to deal with. Most of you won't be involved by the time that
the consequences actually start occurring. And these are control measures that we see
in big cities like Chicago and LA and New York. Do we really want to act like those
cities? If you really care about everyone, you'll vote to wait until all stakeholders
have a voice. Thank you for your time. Good afternoon. My name is Philip Garcia. I live
at 1818 North Stony Point, Witchaw, Kansas. I'm a property manager and a property owner in Witchaw
for over 10 years. Majority of my personal properties are section 8. It's been a program
that has worked for me and my business model. In fact, I wish I had more capital to invest in
other housing to serve these citizens in need. The standards and requirements of this program, in
my opinion, keep people honest and has has allowed me to sleep well at night. Do we have landlords
who are not following the rules? Absolutely. I see it all the time when I drive down to
my properties on the south side of Witchaw and it upsets me. Does something need to
occur to correct these issues? Absolutely. But to force landlords to accept public
assistance or face claims of discrimination or require a registry to include having
fees, I believe is government overreach. I wanted to offer special thanks to Kurt
Holmes for bringing this to our attention. Um because I do think it's very important
to get stakeholder feedback. I would hate for something in its current form to be
shoehorned in without stakeholder input, which I think is very very important for
something that's very very important to the residents and assistant or residents and
landlords of the Witchaw community. Thank you. Good afternoon, uh, mayor, vice mayor,
council. Uh, my name is Carl Mushwick. Uh, I live at 497 Northeast Price Road up
in Elorado, but I have a large chunk of rentals here in Witchah. The vast majority
of them are section 8, SPC, humankind, and the like. Uh, I am what's known as probably
a second and third uh, chance landlord. Um, we don't discriminate based on income source or
anything like that. But I am here today to tell you that I am very concerned with what I am seeing
here with these ordinances and requiring folks to uh take section 8. Uh, for one, anytime
that you raise the cost of doing business, we have to pass that on. And I can tell you
right now as a section 8 landlord, our spread, just kind of give an idea here, you get a $100,000
loan. You have a certain amount of money because you have got to go by zip codes for section 8.
And you have your interest payment, insurance, property taxes, all of what has gone up there. And
then you have their payment. And now we're talking about adding more cost to somebody like me. I can
either raise the rent, which unfortunately means that section 8 tenant can no longer it's no longer
affordable for them. They're going to either have to move out. The second thing that I wanted to
talk about is is the compliance cost. And I want to share a story with you all. In April of this
year, I had at one of my properties an individual that agreed to move out due to non-payment of
rent. We had served the three-day notice. We were going to go through the eviction process. And
on Monday uh of April of that uh month, he said, "I'm out. No problem. We're going to set up
and we're going to go do what's called a make ready." 3 days later, that individual showed up
to my property with a saw and literally sawed the front door off and reoccupied the property.
I called Witchah's uh police department and they came out. You know what they said to me? We're
not going to get involved. This is a landlord dispute. This dispute didn't end there. While
we're waiting for the eviction process to happen, this individual started to destroy the house.
If it wasn't for a city inspector who came out when they were trying to play cart this house and
said, "Hey, something is not right here." I would have been on the hook for, you know, all sorts of
problems and issues. Probably damaged, I want to say, in excess of $15,000. I cannot imagine going
through that experience under these ordinances that you all are proposing. I'm trying to do
the right thing and I would have been punished because there was more than two violations.
So I'm asking you all to think about it as as a you know whether you call me a business owner,
whether you call me a landlord, whatever there is, the cost of compliance here is going to go through
the roof. The other thing that I think that we're not talking about here is other cities that have
adopted these types of ordinances, these types of uh, you know, uh, you know, whatever you want to
call them, non-discriminatory payments there. They all have ended up in court. City of uh, Kansas
City, Missouri is currently right now in legal battles about all of these types of ordinances
that we've passed. looking at the arbitrary decisions when it comes to inspectors, looking at
forcing people to comply in a uh voluntary federal program on this local level. So, I'm asking you
all right now, please either vote this down or at, you know, you know, at minimum or let's pause,
let's take a breath, let's get stakeholders together. Everybody wants good, safe housing.
But the way that we're going about it right now, you're going to force myself, who I am very
proud to say I house probably about 65 people, 65 women, children, some men, but mostly women and
children in my section 8 homes, in my SPC homes, and these humankind homes. I don't want to see
them on the street. I want them to be able to live in these safe environments there. So, I'm just
asking you, please stop this madness. Let's get uh regroup. Let's come up with a win-win
solution for everybody. Thank you all. Good afternoon, Mayor, Vice Mayor, and Council.
Danielle Johnson, executive director for Witchaw Habitat for Humanity and District 1 resident.
Um, I will share that I did send an email earlier and thank you for those of you that had the
opportunity to reach back out and I also had some team members, board members, and folks that
did reach out as well. So, my hope is that you all get the opportunity to review those emails.
Millard Fuller, one of Habitat's founders, said, "For a community to be whole and healthy, it
must be based on people's love and concern for each other." I also want to start by saying,
"We have no shortage of incredible landlords that myself and my team are proximate to,
some of which serve on our board. My dad is a mom and pop shop landlord, if you will, and
my daughter is now currently experiencing what it's like to get up early in the morning over the
summer to work on some of those homes herself." What I truly believe is there is an opportunity
here to have some accountability truly put in place and I do believe in the spectrum of
housing which includes affordable housing be it fair market to high-end to affordable rents
shelters, rental, home ownership. We need the spectrum in our community. We also have great and
horrible tenants. We as Habitat have offered to support other organizations in helping to support
classes for tenants um so that we can have some opportunities to do some home education there like
we do with our homeowners. So be on the lookout for that information. What I'm here in support of
is safe and quality housing. All Widgets deserve safe, well-maintained housing. I've seen firsthand
how substandard conditions impact and affects tenants health and well-being. Some of which
are are the partner families that are homeowners today. Adopting the IPMC with local amendments
ensures clear standards and accountability for property owners and landlords. Fair access to
housing choice vouchers should not be a barrier. Everyone deserves an equal opportunity to rent a
safe, affordable home. Accountability for repeat violations, those who continue to violate
codes leaving tenants in unsafe conditions. Registration of these properties is a necessary
step for accountability. I believe a happy medium is being proposed. Not everyone being on that
registry, but truly the offenders that continue to offend and create harm in our community, and there
are quite a few. Strong enforcement and guidance for judges will help ensure repeated violations
are addressed and not ignored. It's important to note that tenants obligations to pay rent remain
separate from a landlord's repair and maintenance obligation. That means even if a rental unit is
still in bad shape, tenants may still be required to continue paying rent on time. While renters can
give 30-day written notice to to terminate due to unlivable conditions or take the appropriate legal
steps to withhold, which have been shared earlier, the 14-day30, many, and I do mean many, don't
have the means to just move out or go seek legal support to withhold rent. Oftentimes, runners are
paying more than 30% of their income in housing, and many are cost burdened. And so are those of us
that are homeowners. We are paying more than the amount that you should be paying. If you withhold
payment, the landlord can begin eviction for non-payment of rent and you might lose your legal
rights to counter claim. There are a lot of rights for our landlords. You're aware of our tight
housing market and rising rents. Often reporting conditions or triggering an inspection results
in retaliation and eviction. We've seen it time and time again. I have partner families that have
spoken to that as well. A point was made earlier about paying three or four times of the rent.
And while that's not within you all's control, as a payee to a family member with extreme mental
health issues, I know what it's like trying to find just substandard housing for my family member
to be able to live into. And she is on disability, no ability to maintain or engage any more dollars.
So just to find and know I'm putting my family member in substandard housing is problematic.
Having been someone that has had to pay the rent for her time and time again, be it in an
apartment, a single family home, or a duplex, and seeing a myriad of varying landlords treating
myself and my family member very poorly with no true recourse. Trying to get a hold of LLC's,
state owners through personal experiences can be incredibly hard. in my hat as the executive
director and within our organization, we are looking to buy land and oftentimes we're
looking for those homes to be able to purchase, but getting a hold of an out of town LLC
is incredibly hard. So, I can only imagine oftentimes what tenants and some of our
partner families experience trying to get a hold of someone to do basic fixes, things that
are within the contract when you're paying your rent on time. I believe in the both and we can
provide decent livable conditions and hold both tenants and landlords accountable. And it would
be great to see this get accomplished within the next 30 to 60 days through collaboration with
tangible accountability that works. There is common ground here. The same fervor of folks
that show up to stop these measures, I hope, are the same fervor of folks that will show
up to ensure that no one lives in substandard housing. Some of the same folks showed up
when former Councilwoman Levant Williams did some of these same measures. So, this is long
overdue. Let's make a change today. Thank you. Hi, I'm Lori Lawrence. I'm at 321 North Lorraine
Avenue, 67214, and I am in Council Member Johnson's district. I have lived there for many,
many years. Part of my time there, I was I lost my house because of a divorce. So, for a year, I was
a renter. Now, I rented this house that I loved cuz I'd seen it. It was in my neighborhood. I was
so excited. It was It's the cutest little duplex, but I didn't know when I got it and did the walkth
through. You can't see everything when you do that walk through. When I signed the paperwork and went
back in there the next day to try to use the oven, it was closed only by a magazine. You had
to take the magazine out, open the door, close it with the magazine. That's not against
code. It's not against code. But I thought it was. So I called my city inspector who I knew would
know. And he said, "The last tenant was supposed to call me when they moved out. There's open
cases on this apartment." I had no idea. I said, "Well, it's this it's the oven, right?" He said,
"No, it's not the oven. That doesn't qualify." But he came I invited him into my home and he came
out very quickly and told me that of all the many things that were that needed repairing, the major
point was that the furnace was improperly vented and I could be killed in that duplex. This
landlord knew that he had a case against him and he still put it back on the rental and put
a sign in the yard that I walked by and saw. I hope that this ordinance passes. We need to
manage these people who are not taking care of their properties. I love all the landlords
that are here today that do take care of their properties. I wish they all would. I hope that
this sort of ordinance would also help get my situation so that I wouldn't have had to live like
that until he could get in there and get things fixed. It was a hazardous situation. We need to
make some changes. And everyone here has said the same thing. Landlords, renters, property owners
have all said the same thing. Things must change. putting it off and putting it off and putting
it off may not make the change that we all agree on already. If all of you landlords want to get
involved, do it now. Don't wait. Do it. We need to solve this problem and we need to solve
it right away. There's too many people that are suffering in our city, in my district, in my
community. Thank you, council. Thank you, members. Uh, thank you council members for having us
here. My name is Gary Stuber. Um, I actually live at 2907 East Douglas. I have a company
called GMS Properties and um, I do currently work with HUD Housing and other associations. So,
it's perplexing for me knowing what I've had to go through in order to qualify those houses that
were really here because we've already heard from Mr. Johnson that he has seen people that have bug
bites and everything else. We've heard from you um that you've experienced this too. We heard
from a past representative here, Mrs. Williams, that she saw it as well and that's four to six
years ago and this shouldn't happen. And the people that we're I think we're all concerned
about are helping the poor. And it should be a fair even situation. But I think you can ask Mrs.
Ballard how much problem that we've had in an area where I have a house and there are other rentals
around it that should be condemned. And we have over and over and over gone to the city again and
nothing has been done. and I will be more than happy in private to tell you those addresses,
but honestly, I've been in litigation from the person for four years. And this can go on because
people have an interesting way of representing themselves. They're not doing it with an attorney.
They're prosay to where they can manipulate the system to benefit them. Why are these landlords
even Why are we discussing this? And if we are coming to an agreement, is it really fair for each
city council member to have to vote on something that obviously is flawed that needs to be revised?
Shouldn't we consider this a town hall meeting and think about what we've heard from these people?
Not each one of you have rented to low income. Are we going to make this another Douglas Design
District situation where only half of us are informed and then at the end of it, we have to go
doortodoor, personto person getting um a petition signed so that it can stop so that it doesn't hurt
all of us. Do you realize that you're hurting the poor? We're not helping the poor. What we're going
to do is all those people that call us that can get a hold of us, but you know, you're right, you
can't. They're asking about our properties. Do you honestly think that some of these people that
you're having a problem with live here? No. And why are you continuing to have this problem?
Shame on you. You're a board member. My god, you have all the power in the world. If I saw
somebody with lesions all over them, of course, I'm going to go to the city attorney and have
that done. Why are we here five years later? Why is Williams talking about what she can't get
accomplished? And if it was really such an easy, easy, easy thing to do, why is the city selling
off 300 plus rentals that were HUD housing to begin with? Why aren't those open back up? Why is
it something that we're supposed to bear as the audience out here of evil people that are trying
to house people legitimately and the nuisance ordinances? Well, that's because we had a nuisance
ordinance due to the fact that a few landlords, one which I actually took some training from
and didn't even realize I was training under a slum lord, has broken every single rule of this.
And what's been done to them? They have 100 plus rentals. You know what? I have 20. And you know
why I don't have anymore? Because they're not going to finance anymore. I can barely get paid
as it is. So, you know, and we've all had issues with mold and things. My mother died from an
immune situation and she was forced into an area in San Antonio because she was on a program. I'm a
landlord trying to make a difference. Do you think I don't think about that when I go into these
places? I would never put someone in harm's way. I have video monitors, cameras done all the time.
Absolutely right. But the way this is written, if you will look at it, all I have to do is
sell to an out of town corporation. They're going to have an agent. There's nothing they can
do to them. And all the people of Witchita are the ones that are punished. And all of our money
continues to go out of Witchah. Is that what we're interested in? Because big corporations love this.
They're able to make a killing. The group that's sitting in here, we're not making a killing. We're
trying to make a living and we're trying to make a difference. Please revise this and review this
before you vote on it because once again we'll have another thing petitioned and poor people will
get hurt and we're talking about helping the poor. Thank you. Council member Hoheisel. Thank you.
Mayor Sally, could you talk about the dispersion of our city-owned homes and the plans for that and
the plans for the revenue raised with that? I'm sorry. Nope. Nope. Yes. Um, we are in the process.
We've actually sold now 197 of the 352. So, an effort started back actually in 2017 um to
try and pull them uh funding together in order to renovate the homes that have been greatly
underfunded by HUD for more than 40 years. um that effort failed and HUD pulled together
a team of national repositioning experts and their recommendation was that um those homes
be sold back to the market and the proceeds from the sale of those homes be invested in new
multifamily affordable housing. When we tried to pull the uh to tried to pull together the
financing necessary to complete those repairs, we were unable although we secured tax credits,
we were unable to find an investor willing to buy them, saying single family homes were
too expensive to manage and maintain. Even HUD went for a 2024 loan, refused to issue
a loan because once again that the model was too expensive to maintain and manage. And so
we are on that path. Um as like I said 197 to date. We'll get the remainder sold off. Uh the
the housing authority board council has already approven the investment of 10 million from that
for building new uh supportive housing going forward. So that's that's where the money from
uh the sale of the house is going is to build affordable housing units. Correct. Now that
that'll be just the first project. There will be additional funds. We'll be identifying future
projects going forward. Thank you. You're welcome. Richard Hill 4555 to Laura. I look at the city
codes kind of like a parking violation down on Greenwood. They can't cure it. It's not going
to get cured. There's ways around everything. You're you're talking two sides of the coin.
You're talking about affordable housing, yet you're putting more restrictions on
landlords, more expense, them all got to be passed on. And if you got somebody in here,
whether it's a mother and father and two kids and they're just barely making it, and now it
cost me $300 to get a air conditioner guy to go out and fix it where two years ago it cost
me and a quarter, that money's got to come from somewhere. Property taxes go up, that money's
got to come from somewhere. Insurance goes up, that money's got to come from somewhere. It's a
pass through. We've got all the laws on the books right now to do anything you guys want to do. You
can go after Emery. You can seize the property, convert them into lowincome housing. You can do
it without adding more laws. What I see on this whatever the international building is California,
New York get together and that's what we've got. We've been pushing the California laws in Witchto
for the last 15, 20 years. They keep changing it more and more and more to the California laws.
This system will not work any better than what we've got now. You've got tenants. The gal on the
news said she hadn't paid rent since August. Okay, September and October. That ought to be enough
money to go move somewhere. If you don't like where you're at, and that's what I tell my
tenants. I've got a lease. If you want out, tell me you want out. You're free to go. I'm not
going to hold you there. I try to keep them up, but at the same time, I've got tenants been
with me 15, 20 years. At the same time, you get people that you think are doing
okay, and then boom, all of a sudden, you get a letter from the city saying this
violation, that violation, and you go by and look, yeah, it was that grass was cut the last time
I went by there and looked. And he said, "Yeah, it wasn't." But he got everything taken care of,
but which is what I always do when I get that letter. But like I say, we don't need more laws.
We got tons and tons of laws to cover everything you want to do. You've got a city code. You
guys need to look from within. You've got code enforcement. If they're not enforcing it, maybe
some of them ought to go find a new job. Enforce what you got. Get the courts to force what they've
got. When you go to court and they say, "Oh, we'll give you 30 more days." that no, if it has to
go to court, somebody gets fined. The inspector, like the guy said earlier, the inspector should
be able to say, "We're going to grant you 30 more days. You're making an improvement. Keep
keep going." I've had them do that with me. I used to run lowincome apartments and some of
the trash that you get in there and I don't care how good you screen them, there's always one
that knows how to play the system and every landlord knows it. If they're new, they might
not, but they'll learn it soon enough. They're called professional tenants and they know their
ways around everything. But like I say, we don't need more laws. We need to enforce what we've
got. Thank you. Greenwood is still a problem. Thank you, Richard. Uh, Commission, thank
you for having us in today. What I want to do right now is just kind of give you three
or four little snapshots and then I think a uh solution, possible solution. The first thing
I want to say is that as housing providers, we have to deal with the entire community. And
that means we have to deal with mentally ill people and elderly people that don't know how to
work a thermostat, don't know how to turn it from cold to warm, have to be told different thing,
have you have to show them different things. uh people that don't know when the toilet
keeps going that you're supposed to reach down and shut it off or call the landlord because
the $600 water bill uh is just around the corner. Um, so we have to deal with all types of people
and occasionally we deal with people who even though we try to smother the tenants with good
service and good maintenance and and caring attitude. They were brought up in a mentality that
they have to curse and swear and become verbally violent at you and you have to do everything
within your power to stand there and take it and take it and take it while they go off on you.
And then they explain, "Well, this is the way I was born." or you know have the the children come
out and say, "Yeah, mama tells that to everybody. I'm just saying we have to deal with the mentally
ill." Uh, and you sometimes you don't have to. Um, a quick mold story. You know, we all nobody
likes mold in their home. I had a nice little two-bedroom house. I rented to a family and is in
the middle of wintertime. I went to check on it for one reason or another and the people hadn't
paid their gas bill. And so how were they going to keep the house warm? Well, they had decided
that they were going to put pots of water on the electric stove and turn the heat up and boil those
pots to stay warm. They also had a had a twoburner uh pot maker in the uh living room with boiling
water. Well, what happens when you introduce all of that moisture vapor into a house in the middle
of wintertime? All that condenses on the windows and it runs down and it creates mold. So, I'm just
saying some people create their own mold problem. It's not just the landlord. Another picture here
real quick. You know, people see these high rent prices that landlords charge for rentals. They
don't realize that a giant portion of that rent dollar goes to pay taxes and insurance that we
have to pay if we're going to stay in business. The other thing is people don't realize things
that have to be replaced every now and then at a terribly high cost. Uh it can cost up to
$10,000 to replace your roof. It can cost up to $10,000 to replace your sewer pipe and it can
cost up to $10,000 to replace your central heat and air. And so the landlord has to keep funds
on hand that can be used to do this. And so, you know, they say, "Well, why didn't the landlord
plant pretty flowers and put shutters on the house and make it look all pretty and everything?"
Well, maybe it's more important that he spend that big chunk of money putting in a new sewer
line. something that we all have to have, but nobody runs around saying, "Wow, the landlord
just spent more than a good used car on my house, and uh at least now we can flush the toilet." So,
those are some things we don't think about. Taxes and insurance take a big bite. Some repairs take
an enormous amount of money. Some people create their own mold problems. and we have to deal
with the mentally ill. One quick solution is if you've got an out ofstate or out of town owner
that's not fixing, why not just sequester his rent from that apartment into a separate account with
30 days proper notice or whatever and then the money could say for example the people have an
uncontrollable bed bug problem. Okay, $500 came in for the rent. Hire the bed bug guy. Take care
of that. $500 came in for the rent. Hire the mole guy. Sequester just that one apartment, not all 29
of his apartments. That's but do that with proper notice because the people send their rent to the
manager and then that rent goes someplace else. Thank you. Uh Rob Perkins, 8918 West
21st Street North. Um did I just hear that the city council is getting out of the
landlord business? Yes. That you're selling a couple hundred units and then you're
turning around and telling us that we have to take all income sources for the
units that you just ran into the ground. I mean, that that just doesn't make any sense as
a taxpayer or as a landlord, and you're going to build brand new apartments with that money.
So, you're getting out of the of the market that you're now telling us we have to be in or
that they have to be sold to homeowners. Yeah, that that just doesn't seem fair or seem right
to me. Um, most landlords are good landlords. uh we don't discriminate, but telling us we can't
discriminate on income sources. It sounds like the city's doing the same thing. I mean, you're
getting out of the landlord business. You're handing these units back and you're telling the
people that bought them, you can either live in them, but if you rent them, you have to take
all income sources and you just admitted we just ran them into the ground. Don't make me work for
Sally. I don't want to work for Sally. Okay? I'm a private landlord. If I take her funding source,
which right now the government's shut down, you know, I'm not guaranteed that funding source,
but you're saying I can't discriminate on income. You're you're forcing me to take income that now
the city doesn't even want to take. I'm done. Mayor, Council Member Johnson. Thanks, Mayor.
Um, just a point of clarification, the uh, public housing that we have, if you go
back to, believe it was February 2019, our actual initial plan was to keep those
houses, renovate them, and then bring people back into them. It's actually HUD that said
we cannot. It's not that the city council or local government didn't want that. HUD said we
can't. So, we're in the process of, excuse me, we're in the process of selling those off. That
was a plan that was approved by HUD and that's what we're doing. It's not that we're saying
you need to do something that we're not going to do. We actually did fully intend to do so.
And who's Sally's funding source? We're talking about the federal government that is requiring
us to sell. She's the funding source of HUD. And then you're telling me I have to take that
same funding source. So, we're talking about two different things. You made the allegation that
we were trying to make you do something that we weren't going to do. And I'm telling you, the
full intention in 2019 when we had the plan was to renovate those and keep people in there so
that they would have a great place to go. When you say that we ran those down, the federal
government hadn't given funding for that. So, it had been what, 40, 50 years since those have
been renovated. We were really excited to see that the federal government had put some money into
that. And again, as the administration's changed, we had to sell those off. And now you're telling
me to use the same funding source as source of income. And you just heard that there was an
extension on that funding for those folks, right? But the funding source that wouldn't
fund these houses is now the funding source that you're asking me to use. Those are two
different same department, two different funds. Hi, I'm Jason Carmichael, 329 West Carile. I've
got a question that I didn't hear answered or brought up yet. Uh, what value do I get
if I volunteer register as a landlord, Council Member Johnson or Ho Heisel? Um, well,
I mean, if you're looking at volunteering, again, what this ordinance is looking at
is people who violate. So, I don't know what I would tell you a benefit would be
other than you would be on the registry. People would be able to see that you don't
have any violations for your property. But, uh, our goal, as we've continued to
talk about, is looking at those who continue to have issues and they would be
required to register after those issues. Do we have anyone else in the
community who would like to speak? I see none. Thank you to the 38 individuals
who chose to attend city council today and make your voice heard. Um, we are now going to close
public comment and bring it back to the bench. Council member Glascon. Thank you, Mayor. I have
a few comments and first off I want to say I'm very encouraged by all the conversation today of
people engaging in the process of republic form of government. So thank you for being here. Thank
you for engaging. Please continue to engage on future items as well and I hope that staff make
sure to reach out to you and we're continuing these conversations. Um I maybe have some uh
future comments based on maybe what some of my colleagues say and see if there's any conversation
up here as well. Specifically, I just want to talk about a few different items when it comes to
the International Property Maintenance Code. Um, I'm interested in delaying that for 90 days to
be able to encourage stakeholder involvement. I think that's what we heard today. People that
want to be involved and want to be engaged in that process. Um, when we're talking about the
rental registry, I have no interest in continuing to suspend that. I don't support the rental
registry as presented today. I'm afraid of just slight adjustments without wholescale change will
do nothing uh to benefit this body. Um the lack of uh needed conviction bothers me that then there's
no differential between trivial versus extreme violations. Um that I would be interested in
maybe something that came back with a tier level violation. Um I think again cutting your
grass is very different than having extreme um environmental or life um endangering um aspects as
well. In addition, I will not be supportive of the source of income. Um I think when we're talking
about making people reliant on any federal funds, I think that there is a challenge there. Um and
I don't I believe that people should have the free will to not have to engage with some of the
federal funds. I also have some concerns about how do we do source of income when it's a tip? How
do I verify what somebody's monthly tips are going to be and use that as a s source of income? So, I
also don't have any interest in delaying that in the future because I won't support um that coming
back. Um I'm not saying that we don't do anything, but what we're doing today does not solve the
problem that we're trying to fix. This doesn't make units more affordable. This often will
probably raise rent on individuals. And we've talked about that this is going to be passed for a
few bad actors. Well, when Chris from MABC came up here, we have tools right now that could be used
to enforce bad actors and we're not actively using them. So, let's invest in the tools that we have
now to make sure that we're holding bad actors accountable. And as uh Chris said, those exist
in their current form and we just need to be uh doing those more. Um I probably maybe have
a few few other comments, but I look forward to seeing what my colleagues have to say as well.
Council member Tuttle. Thank you. Um, I just want to thank everyone for being here today, especially
the people who are staying till the very end. Really appreciate it and it demonstrates your
commitment. Thank you to everyone who reached out, phone, email, text, in person, as I mentioned.
Um, one of my biggest concerns, Mr. Robertson, Robertson and I are tracking today, and I said
this yesterday to some folks when I was talking about this is that I'm concerned that by adding
more regulations, we may actually pe keep people from becoming property owners and and landlords.
Um, the comparison I'm going to make is I'm a huge advocate for child care and Kansas is the
third most regulated state for child care in the nation. Witchah had regulations that were more
prohibitive than the state of Kansas. Keeping kids safe is paramount. That's the number one concern.
But what can we do to make it easier for people to become a child care provider, aka roll out
the red carpet and not the red tape, right? So I see the same thing here. The number one priority
should be health and safety of our renters. 39% of Witchans rent their home and it's their home even
if they rent, right? It doesn't matter if it's an apartment, a duplex, whatever it may be. So 39%
of our witchins, our neighbors need our assistance to make sure that health and safety should be the
number one priority. Um, I do want to mention real quickly too for anyone who's watching or anyone
who may have issues or knows somebody who does, and I appreciate Miss Johnson mentioning she had
a family member. I love when people tell stories. It really helps to to resonate with us. But anyone
can call 211 if they do need help with emergency rental assistance. Help is available. So, please
make sure that you share that information with folks. Um, I agree with everything Council Member
Glascock said except one thing. Um, I'm going to suggest and we'll see what happens and how
the motion rolls out that we ask for a 90day a 60-day delay and not a 90-day delay. And and my
rationale for that is two twofold. Number one, I think this council should make this decision,
right? Two council members worked hard to get us to this point, even if some of us don't agree. But
I do think that they should have the opportunity to see it come to fruition. And if it's an issue
that is that serious and health and safety is of utmost concern, we should try and address it as
quickly as we can. But when we have either it's a you know I do I like the idea somebody said
this is already the town hall. I kind of agree with that. if we pull together a committee, if we
have a task force, I I don't know how the process is going to happen or what's going to happen, but
I absolutely think if we're going to address the International Property and Maintenance Code,
the content experts, landlords, and tenants need to be at the table. Um, we certainly need
to have staff, we need probably MPC and Troy and Sally and whoever else from us, but I always say
our job sometimes is to be the advocate and we need to lean into the experts. So for some of the
folks today, I'm pretty sure that we're going to call on you and ask you to be a part of this task
force committee, whatever it may be. But again, just thank you for everyone. Thank you for all my
colleagues. I know that um it's been a long day. We got a long day ahead of us, but um I think
we're going to come up with something hopefully we can all agree on. Thank you, Council Member
Hoisel. Thank you, Mayor. Um I had hoped to have some action today, but it doesn't sound like um my
fellow council members are on board. it might be too soon for some of them uh to really work these
bills or these ordinances. Um I've heard a lot of people in here um discussing these issues and I I
take your comments to heart and I also take your desire to actually crack down on the bad actors
to heart as well. Um, so if we do do a delay, um, I would encourage everybody to come to the table
with that spirit, with that in mind, to actually do something that will reform, that will crack
down on the bad actors, that will give people um, real options as far as protecting the tenants,
protecting their health, um, just making sure that we we go in this with the real spirit, and that
includes everybody, including tenants at the table as well. So, if we do uh delay this today, that is
my ask of the community is to actually go through and address this. And I agree 100% that this
council should be hearing these ordinances. So, um I guess I'll see what the the rest of my fellow
council members have to say. And uh I would think that would all should be delayed as a package
for us to um discuss further down the line. Council member Ballard. Thank you, Mayor.
I appreciate everyone's patience today and everyone's hard work on this. Um, I have a
question for Chris. Um, Council Member Glascock mentioned that or and you did too that we have
all of these tools in the tool box, but we still have some of these bad actors, slum lords, what
whatever um you want to call them. But are we not enforcing them in the way that we are able to or
can you just talk a little bit about why we have these tools and maybe it looks like we're not
um holding some of these landlords accountable in the way that the ordinance is written today.
Now what what I will say ma'am is the so rental registration is something that we do not have
and have not so that that would be a completely new discussion that is part of what was presented
today. Um other than that correct we have forms of uh these and and what is there we do our best
um again access and in ensuring that we don't overstep legal access boundaries uh plays a
factor in that. Um there and this there's a lot of factors in this. So we we found our find
ourselves in the uh wonderful position of being between everything that you heard today. Um we
know that there are tenant issues and we know there are landlord issues and um some some of what
we discussed today um was is the enforcement arm of that. For us, I guess we feel like maybe that's
the difference. We don't see a lot of changes in ordinance in as in rules so much as uh where maybe
the body is seeking to go with ability to enforce or to follow through and to add some tools there.
Um if if that makes sense as part of the as the explanation for that. So I I think some of that
would be a follow on to this discussion as well. Okay. Thank you. And just for my colleagues, I
would be interested in a 60-day delay but not 90. Council member Johnson. Thanks, Mayor. Um, we
heard a lot today. Um, the one thing we didn't hear a lot of is from the folks who have had to
live in these really bad spaces. There's a lot of reasons for that. Um, we were made aware of in an
email about some Facebook group that names people and shows IDs and shows retaliatory measures. A
lot of these folks don't want to be retaliated against if they want to find a place to live with
maybe one of the folks I was here or somewhere else. Those things do happen. As we continue to
talk about delays, I know that this may be new to some, but preparing for today, I look through my
emails. I found an email from myself to Sharon on December 31st of 2018 talking about this. I know
I have spoken about this in just about every space I could to every landlord who liked me or did not
like me to various groups that I've went to visit with all the people that I have um had the ability
to visit their residents and see these things. I know my predecessor who was here and who
was mentioned by a speaker had been working on this. There was a 2015 effort. There was
an effort prior to that. That was an effort in 2017. We even had some blight efforts
that even went to the state legislature, passed both houses vetoed by the governor, went
back again. Chris Labram testified twice. We've continued to try to do something about substandard
living or substandard properties. And while all of this engagement is great, I don't see this type
of engagement when someone reaches out to me about their gruesome situation. I'll get a few messages
of saying that it's sad, but we don't see a full house saying that we need to do something or a
full house with multiple suggestions of how we can do something more than what we've been
doing. And while we continue to talk about the tools we do have, there's a few cases. One I
won't mention because of what happened last time, but those tools don't always work. You might
think we have them. You might think that, hey, just it's great. You can go shut something down.
You can't. I've tried. Trust me. And you all have seen some of the spaces I've been in. We need
to do something. And as we talk about delaying, I think there are some things that may come
from a delay where whether it's education on what we're talking about. I know not everybody's
had an opportunity to read this for themselves. I know that there was a letter that went out that
said some things. I think there was some some misinformation in it. There was some accurate
information in it. I think a conversation is warranted. But the question that everybody
who continues to reach out to their elected representatives on this body to hope that we will
do something that hopes for a better place to live is what will we do? And there's the sad thing
for me and I what I would hate to see 30 days 60 days is that we come back and then we end up
doing nothing because it's been 10 years since Levant tried. It was years before that. And as
we talk about even exteriors, I will tell you before I learned about a lot of what Habitat for
Humanity does, when Anne Fox was the director, I remember walking down a neighborhood south of
Murdoch in District 1 and I found two homeowners or two renters who were in a residence and
there was a hole, a gaping hole in the back of their unit where I could clearly see outside
and rodents were coming in and out And I talked to them about going to code enforcement and when
they did they got evicted and they're forced to live in places like that. And I just wonder when
we will have the will to do something about it so they don't have to continue to come to us
crying or sick or with emergency bills. They may not mean a lot to some people, but not one
person should have to live like that. Not one. I hope that with the delay there's some real
engagement but there's not a you guys are doing too much because those folks deserve us doing a
lot more. They absolutely do. I think it's our job to do so. I understand not everybody has been in
the spaces I've been in. The gentleman Eric maybe um the inspector who spoke about he he's actually
been in there. I follow him on Facebook. he has and what he talked about is real like we we have
to do something and again you know I'm I'm sure my colleagues or majority will want to maybe
delay I think IPMC is fine personally I heard a little bit today most of what I heard was source
of income and rental registration as I was keeping track but we got to do something and I just really
hope that um you know this is not delayed and the conversations had And the fear of harming folks
that probably won't get harmed from doing all the right things that we heard that they're doing
today won't allow us to do more to the people who deserve some stronger enforcement and deserve
some higher fines. They need it. We know it. We've seen too much of it. And I guess selfishly,
I like to handle issues while I'm in office. I've tackled every toughening that has come before
me. I don't care about the push back if it's right and I don't want to kick something that could
be solved to another council member like it was kicked to me and it was from no intention of my
predecessor. But these tough issues deserve us to make some real tough decisions and actually do
something about it. Because again, if we don't do something about it, whether it's today, 30
days, 60 days, hopefully not 90 days, these individuals are still going to be living in these
conditions for every day that we take and wait, every day that it's not approved that we can do
more. And if we end up not doing nothing, I hope it's not another 10 years that people have to live
in this type of condition without a willingness to do more to hold these folks accountable. And I can
tell you, even though it may not have been talked about by dates and times today, I know our staff
has tried hard on some of these folks. We didn't talk about all the issues of environmental court,
but you know, if a inspector retired and they were the prime witness on the case, you got to start
over. That could be a violation, but you got to start over and do all that work again. It's it's
just it's a lot there. And I'm just hopeful that I won't take up 20 minutes talking. I'm just hopeful
that we truly actually do something. Even if it is delayed, I'm not really supportive of that cuz
I've been talking about this for my whole term in office. But if we do delay it, I hope actual work
is done. We're talking to the folks that are here. I hope there's real solution that comes to us
by reviewing the policy that has been presented, whatever those tweaks might be, but always
remembering that the goal is to hold folks accountable. And that is what we should do. And it
may not be the great folks that came in here who take care of their tenants and and do such a great
job, but there are some bad actors. 15% may sound like a little bit and that was I think one of our
speakers talked about if they had 85% success rate that'd be good. 15% is thousands of units. Those
are people's lives that they got to deal with this type of thing. And I just hope that we all keep
that in mind as we go forward. And that's not to this body. That's everybody who wants to join
in this conversation and actually do something about it. Keep in mind that that 15% is people's
lives that are truly being impacted in substandard housing. And it's important it it's it's as
important as breathing for them. We're debating policy. It's their life. Vice Mayor Johnston.
Thank you, Mayor. Council member Johnson. I agree with you. We shouldn't kick it down the road. Um,
and I think we can get it before you leave before you leave office. I really do. Um, I think talked
to a lot of landlords, including Mr. Robinson. Um, and they all want to get the bad landlords out.
Gives them a bad name. Um, they all want that. And I think we can get there. Um, I don't think this
is the solution right here, right now. Um, but I think we can get there. Um, I would recommend
appointing a task force in the next probably two or three weeks and let them work on it for a few
weeks uh task force to work on it to to find the solutions, the right language to to accomplish
that. Um, I'd also suggest that we bring it back at our December 9th meeting. Um, we could go the
16th, which would be 60 days, but everybody knows nothing happens during Christmas time anyway. So,
we're gonna have to get it done in November. Um, so that's what I would suggest. And I think we can
get it done. And, uh, I know you've been working on a long time and I want to get it done for you.
And, and I have been in those houses, too. Had a little brother years ago. Big brother, little
brother. And it's worse than anything you've described. and and it's it is terrible as a single
mother with four kids. Um a good outcome there because the city did find them suitable housing on
Murdoch actually. So um that was a good outcome, but I would suggest put a task force together,
get them activated quickly. Um I got a couple good people that would love to serve on it and
I'm sure everybody here does too. And then I would suggest bring it back at our December 9th meeting.
Council member Tuttle. Thank you. Sharon, I just have a question. Um I'm hearing a lot of consensus
that we probably want to make a delay. Um I had mentioned a task force. Vice Mayor said the same
thing. Um I think we're all kind of tracking on the same date. I was thinking of the 9th or
the 16th. So if a motion if you know I think there's a few more people on the board, but I'm
prepared to make a motion or however it rolls out. Can we just can the motion just be that the item
is delayed and a task force is created in the date that it comes back or does it have to also
include all of the language in the original item? I think you can make a motion that all of the
parts of this item be delayed and a task force appointed. What if we just want it to be the the
international property code? Because it's in three different items. So we can just address the first
item and then take the other two separately. Is that correct? I believe that was how it was placed
on the agenda. Yes. So, you could take the charter ordinance, excuse me, charter ordinance and the
IPMC and the court. I'm just look looking to see how it's how it's and then the other two would
be the income source and the rental registry and those would just address separated out. Okay.
Okay. Thank you, Council Member Glasgow. Thank you. Followup question to that. Do can there be a
motion to deny uh not item one, it's on the second page, but the uh source of income and rental, or
does it just fail if it doesn't receive a motion? If if the motion is to only defer item one,
then those items would be moved. If there's no motion or no action taken on two and three,
then those would just die. Okay. Thank you, Council Member Hoheisle. Thank you, Mayor. Uh
my response and my thoughts on that is it should all be moved as a package. Um I know uh some
members of council have shown some um interest in a slumlord registration. Maybe that is a higher
barrier, but that is something I think that a task force could look at and bring back. It doesn't
mean that everything that we pass here um or part of this package will be coming back because again
the task force may just say this is unworkable that that's unworkable. Um but I think it should
all be considered seeing how that was a point of all the discussion today and we had people from
both sides of all the issues considering it. Council member Tuttle, I was going to make
a motion, but I see some other people got on the board, so I'll wait. Excuse me.
Council member Brandon Johnson. Thanks, Mayor. I just wanted to say I agree
with Council Member Hoheisle. Um, if we are going to go out and engage uh
landlords and tenants, I think it should be the whole package. and they may come back
and say they don't want a part of it or uh we may disagree with what whatever might be said but
since everyone came today for the whole package I think if it goes out in deferral it should be
the whole package as well. Council member Glass I will wait to hold a motion to see if there's any
further comment. The only comment I have is just thank you again to everyone that participated
today. anyone who's watching online, there are 215 individuals still watching online. Um, I
want to remind everyone that witchah.gov/engage is the landing page to remind people to uh stay
connected. There's also a signup sheet outside the doors if you want to stay engaged in this process.
In addition, uh when it comes to engagement, I simply want to say thank you. Um the idea is
not to um have closed door meetings and create ordinances that then affect everybody in our
community. And when I had learned uh that it was only the six district advisory boards and
a specific individual uh engaged in the process before it came to us today. Um, I knew that this
was going to be something that I could not support knowing that I have been a big proponent of ga
getting more engagement and true stakeholders at the table and that includes landlords and tenants
equally. We need both in order for this situation to be fruitful for all. And so again, I appreciate
uh the landlords who came and spoke. I appreciate the tenants who gave their testimony. um and spoke
on behalf of other tenants who could not be here today. I want this to be a workable solution
and I think that we currently have a system uh with actual laws that are in place and maybe
it needs refining and if there's a focused effort instead of talking about a million different
things focusing on one specific item and really working that item uh will be how you get actual
results. And I and that's why I'm a proponent of really focusing on on the item number one which
is the international code since that has a lot of components to it. Um and a task force would be
needed to really look at this and discuss. Um, so my only comments really are to really focus
the effort so that we're not trying to talk about multiple different subjects um and really
focusing our efforts on the international code. Council member Tuttles. Thank you. I'm prepared
to make a motion. I would move that we delay all the recommended actions in item one until
December 9th. A task force shall be established including landowners, tenants, stakeholders,
and staff. Just to provide a little clarity, um I know Mr. Daniels was here today with Renters
Owners, Inc. I would consider that to be an entity of stakeholders that would be really important
to have included. Perhaps Habitat for Humanity or Menite Housing who were also here would be
important stakeholders. So when I stakeholders, that's that's the intention that I have. I'm I'm
saying December 9th instead of December 16th so that way we would have one more council meeting
if we needed to make any tweaks. I do believe that it's fair to have this item addressed by
this council. So again, my motion um with the qualifications that I made is to de to delay all
of the recommendations and action one I do think we should take the other two separately is to um
actions in item one until December 9th. A task force shall be established to include staff, land
owners, ten tenants, and stakeholders. Second. We have a motion and a second. One point of
clarification. Wanted to make sure that we actually have one more meeting before a new
council would come into office. So January 6, 2026 is actually the last meeting that will for
sure include council member Johnson. Just for point of record, we have a motion and a second,
and I still have a board full of people that want to speak. Council member Glascock, I'm ready to
make motions on the other two, but I'll see if there's comments first. Council member Ho Heisel.
Thank you, Mayor. I'd like to make a substitute motion that all three items are considered
and uh for delay until the December sorry the December 9th meeting uh for said task force
to take a look at with recommendations. Second. We now have a substitute motion with a second
and we also have this one takes precedent over the original uh motion. If it fails then it
goes back to the original motion. Um so we have council member Hoheisel who moved the motion
and seconded by council member Johnson. Any further comments? Council member Hohheisle. Nope.
Okay. Madame clerk, can you please open the role? The motion does not carry three four
to three, which means now we're back at the original motion that was um moved
by council member Tuttle and seconded by Vice Mayor Johnstone. Any further discussion?
I see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, actually,
let's take a short break. May bear with a motion. We have one more. We have two. Two more.
Uh with a motion that we deny amending the city's non-discrimination ordinance to include
source of income on first reading. Well, I guess the motion would be to deny authorizing
the city's non-discrimination ordinance to include source of income. Second. Motion and a second. Any
further discussion? I seek council member Tuttle. Thank you and and thank you for the motion. I I
thought it was interesting today. I out of the 38 speakers and I think 27 of them were against
this or were proposing some sort of delay. I anticipated the folks who were the advocates for
the tenants to be the only ones that were against source of income. But I heard pretty loudly also
from the landlord community that they felt that it was something that could become a conflict
of interest and and quite possibly, you know, convolute the system. I think the intention
was good, but I think the way that it it was presented. This doesn't mean that the task force
that we're establishing can't also address this, right? They certainly can, and I hope they would.
my true intention um and my true desire would be that this task force that we're establishing or
whatever we want to call it um they're not just looking at the code that we discussed, but maybe
they're looking at other items as they arise. So, um it's not as much that, you know, I I I
appreciate the sentiment, but I heard pretty loudly from both sides that there was going to be
an issue with it for different reasons. So, that's my reason for my vote. Thank you, Council Member
Hoheisle. Thank you, Mayor. Um, I'm planning on voting against this because I do believe that
it should have been part of the package. So, I just wanted to offer some clarification, the
package that we would want a task force to look at and address. So, I I just wish that that we
would and maybe they will. Um, but I do wish that maybe that that would be discussed at some
form with the package. So, that's all. We have a motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 4 to three. Council member Mayor with the motion. Um I move
that the city deny requiring registration of rental units with it with property maintenance
violations as presented in today's ordinance. Second. Motion and a second. Any further
discussion? Council member Johnson. Thanks, Mayor. I'd offer a substitute motion that the city uh approve either the rental registration
units or property maintenance violations on first reading or added to the uh
December 9th meeting with the task force. You can you that that's not an appropriate
motion. You can't have an and and an or. Okay. Because if if I will modify my motion to
add it to the December 9th meeting and have the task force address the item. Second. Motion and
a second. Discussion. Council member Tuttle. I'm going to withdraw. I was going to make a
cop a comment before the substitute. Sorry. Vice Mayor Johnston. Yeah, I I'll speak to that. Um,
I think as presented now, it's not good. I think task force can look at that when they look
at everything. So, but as it presented now, I I'm not in favor of that. So, I'll be voting
against it. So, Council Member Hohisel. Thank you, Mayor. I I concur with um Vice Mayor Johnston.
I do see things that we could change and make it different and make it um a little easier and a
little less um aggressive towards good landlords. Um but that would be the reason that I would
want the task force to look at it. It doesn't mean this particular ordinance as drafted would
come back in its present form. It would just mean that that's part of the what the task force has
to look at. So that's why I would support this um if it's a amendment or the um ordinance
presented. Now, I would want to work it to make um make some changes as far as um the number of
violations, the type of violations, the class of violations and whatnot. Um just to make sure that
we're actually getting the slumlords and not the um the good landlords and property owners,
not being overly vindictive towards them. So, that's that's my thoughts on this particular
motion. Council member Glascott. Thank you, Mayor. I can appreciate Councilman Hohheisle's comments,
but as this is presented now, this is not workable for me. If the committee comes back and they
want a substantially different um ordinance, I will take it and look at the merits of it, but
just slight adjustments to this ordinance I cannot support. Council member Tuttle, thank you. Um
just one quick comment for me. Um this has been so helpful to me. I've always said that we are
beholden for community engagement, but today really just solidified it. One of the landlords,
and I'm sorry, I think it was Mr. Robinson, but I can't remember, talked about one of your tenants
and he was having mental health issues and wasn't taking care of his lawn. And you know, then you
went and did something, but you could have been put on the registry really kind of on accident.
And so, again, I think this is something that we can address and there may be a potential need, but
not not as it's presented today for me. So, thank you and for thank you again for everyone sharing
their stories. We have a substitute motion moved by council member Johnson and seconded by council
member Hohheisle. If that does not pass, it goes back to the original um motion. I see no further
comments. Madame clerk, please open the role. Motion does not carry 4 to three. We're back to
the original motion by council member uh Glascock and seconded by Vice Mayor Johnston. Any further
comments? I see council member Johnson. Thanks, Mayor. Um my hope is that a task force will
look at this anyway. We are already, in my view, taking some steps backward and even just
recommending a conversation to a task force. Um, and it would be nice to see an official council
recommendation of these items rather than just saying, "I hope you talk about it. You
have direction to talk about item one." Um, but we couldn't get the other item. So, I think
that's unfortunate and I'm already concerned about what this will look like coming back
because we aren't even saying that we want um the registry looked at and everyone today talked
about wanting to address the bad actors and this was an item that actually did that. whether you
liked it in its current form or not, encouraging a task force to address the current form and make
some recommendated uh recommended changes I think would be good. But now the direction will just
be one item and hope that you talk about that and maybe some other stuff. So, um I think that those
paying attention and especially the tenants who um didn't show up today and probably feel
a little bit let down by that, but again, I hope the conversation does include that. Um
and I hope to hear something back from folks after that that will include some form of holding
these folks accountable and some form of registry. um so that they so that folks can see that
and help our team out in addressing some of the issues. [Music] Council member Hohisel. Thank
you, Mayor. Um I'm the chatter box for all of you that stick around all day. Um but I do want to
say that again, I hope we do come together as a community. I do hope that we keep um those who are
really struggling uh with health issues and with um economic challenges in mind. Uh we do have a
great community. We have a great city. Um, we want to be a great community and a great people.
So, I I do ask that we all come together and see what we can do to truly address these issues
moving forward. So, thank you all who sat through today. Uh, we're still on item one. I don't
think we've ever had that before. 3:30 almost uh just on just getting to item one. So, it's
been a long day. Thank you all for coming out and sharing your stories and I hope we again come
together and actually find ways to address these issues moving forward. Council member Ballard.
Thank you, Mayor. Uh Bob, I just have a question. How are we going to decide who is on the task
force? I think that's incredibly important. Do we all appoint somebody or I I'll plan on visiting
with all of you about that process. I I'll need to talk to staff, too. I think the idea is to try to
get something in place quickly. Um it may be that we just consult over that. Um I I don't know and
I also I'm conscious of the public requirements um in terms of uh coma and kora. So we want to do
everything in a transparent way but give us a day to think through that and I'll visit with all of
you about approach. I just want to make sure we have representation from tenants, landlords and
so on. Yeah. Um, one thing is I do I'm not sure there was a speaker today that didn't agree we
have a problem with a certain percentage of our landlords that are creating unsafe conditions
for the people that live in their their units. I think that's going to be kind of one of the core
issues that this group will look at and we'll try to frame the issue to make sure that they talk
about that whether that's a registry or changes in the in the IPMC whatever but that that'll be up
to the task force but I'm confident they're going to talk about those really unsafe conditions
that some of our residents are living in. I see no further comments. Madame
clerk, please open the roll. Motion carries 4 to 3. It is 3:25. Can we take
a five minute break? We'll be back at 3:30. all for allowing us to have a bit
of a longer break than 5 minutes. We now return at 3:35 p.m. and we will
resume council meeting business with the next item. Madame clerk, can you please
call the next item, police equipment? Good afternoon, mayor, council. Jason
Culie, captain, Witchaw Police Department. This is the uh police equipment and the CIP
for 2026. Uh the Witchaw Police Department uh uses a variety of equipment to protect
staff including body armor, helmets, shields, and breaching devices. Additionally, department
cell phones are used to communicate internally and externally along with voice and photography
evidence collection. Uh most police equipment carry a 5-year lifespan due to wear or warranty
limitations. Uh WPD identified a shortage in current inventory for emergency services and
to address future emergency equipment needs systematically uh staff developed a replacement
plan and funding was incorporated into the CIP. Uh financial considerations the adopted 26 to35
CIP includes 980,000 in ongoing in the ongoing project. Uh the recommendation is approve and
initiate initiation of funding and authorize the necessary signatures. And with that, I stand for
questions. Thank you, Captain Kulie. We'll begin with Council Member Hohis. Thank you, Mayor. Um
with the newer technology that we have nowadays, um do we see any extension of a 5-year lifespan on
some of this stuff in the future or is that pretty much just standard that we will be going on?
So that comes from uh NIJJ. Most of that stuff, the national standard for that and most of
that fiveyear lifespan is uh our bunkers, a lot of ballistic material, our vest.
Uh it has been 5 years before my time. Um I don't know how far back it goes to be
in that 5year standard. Um there has been no indication that it's going to extend
seven, eight years of lifespan for that warranty. Okay. Thank you. Yep. What was that
national board that you mentioned? Uh, NIJJ. Thank you, Captain Kulie. Any further questions
for staff? I see none. We will now open it up for public comment. I see no one from the public who
would like to speak on this item. I'm going to bring it back to the bench. I will go ahead and
move this motion. I move that the city council approve the initiation of additional funds
and authorize the necessary signatures. Second motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call
the next item. Police heavy equipment vehicles. Again, mayor, city council, Jason Kulie, captain,
Witchaw Police Department. Uh this is the capital improvement for police heavy equipment vehicles.
A little bit of background on our vehicles. Uh the Witchaw Police Department uses a variety
of vehicles to protect staff as well as uh the community to transport personnel and
equipment. Uh WPD maintains a limited amount of armor and heavy vehicle in our fleet. Uh
one example is uh the one of the bomb unit vehicles is approaching nearly a 21-year uh span
of inservice. Uh SWAT and bomb utilizes specialty specialized heavy equipment vehicles to respond
to emergencies within the south central region. So it expands farther than uh just the uh city of
Witchah. Uh WPD does not have a unified command vehicle for emergencies or national disasters
currently. Uh financial consideration was the adopted 26 to35 capital improvement includes
3,2 there's a typo there uh 3,2500,000 in general obligation bonds. Now the
recommendation is approve the initi initiation of funding and authorize the necessary signatures.
And with that I stand for questions. Questions for staff. Council member Hoheisle. Thank you
mayor. Um is this similar to the the fire command response vehicle as well that they have? Yeah.
So essentially um in the cap yes in the capital improvement plan uh I submitted multiple vehicles
all with different needs. Um there is in there um a command vehicle. It's not as large as the fire
vehicle. Um it is a smaller uh vehicle. That's a that's a 40 foot vehicle. Um we were looking at
something in the 30 foot range. Um there'll be two of them. Um plus uh different capital improvement
line items for the bomb vehicle. Um there is a a SWAT armored vehicle in there. I'm trying to
remember what else. Um and essentially what we did is uh we are asking to create one total
funded project of the 3.25 25 uh and under that one project there'll be sub projects if I'm
speaking financial terms I think there's sub projects under those for each of the vehicles and
the thought process is is if there's 600,000 for um the swap vehicle but it cost us 610 we can
use 10 from one of the other vehicles instead of coming back and asking for 10 we just use all
that 3.2 two million. Okay. Thank you. Yep. Any further questions for staff? Vice Mayor Johnston.
There we go. Thank you, Mayor. Captain Culie, I was going to ask the same question. Uh the
fire department has a command vehicle for natural disasters and things. Can't we just utilize that?
Um work together. We have tried that. It doesn't fit down some of our city streets. Um, we use it
for Riverfest where we can drive it to a location, park it, and jack it up like an RV. Um, that's
more of a motor home. Um, that requires a different driver's license. Um, getting them down
residential streets uh during a SWAT call, it's we've tried, it just isn't practical. We can't get
them down the neighborhood. Um, we've got to have fire personnel on scene to help us with that uh
vehicle, drive it there, park it. Sometimes they leave, then we're stuck with that vehicle.
Um the 30-foot one and a smaller 26 ft one um is what you see as common standard for police
departments. Uh the Secret Service, all of those um they none of them are running the 40 foot coach
buses essentially for that same reason that we're running into for a natural disaster where we're
going to be out there for a month cleaning up a tornado. Great vehicle. Um it just isn't practical
for the amount of times the police department needs it out. Currently um you know a SWAT call
we had at Central and Ridge uh was pouring down rain. Kids are coming on school buses. We're in
the rain. We were operating that SWAT call in the rain. There's nowhere to go. Um we piled in my
SUV as much as we could. Then we were just in the rain. Um we we had so much shutdown that school
buses couldn't get through. So bringing their bus out wasn't an option for that one either. That was
by my house. It caused a lot of commotion. Yeah. Sorry about that. Yeah. Um do you think you need
two of them or would one vehicle do it? Yeah. So the the reason that there's two in there is one
of them is a uh larger Riverfest natural disaster of July um vehicle. Um the other one is a smaller,
more practical one. Um, plus if we're running two operations at one time, um, we don't have the
capability to run two unified commands at one time, let alone leave one on scene right now. Um,
I in the ideal world, we'd have one approaching 20 years old, and I'd just be asking for a
second one. Um, but we don't have any. So, um, we have contemplated could we get by with one. Um
on that particular call that we were discussing uh it involved other agencies as well. Um again had
they had nowhere to to stay. Um so we weren't able to move from one vehicle to another for briefs.
We went from inside my SUV to pouring down rain for a brief. Um, so the thought process with two
is we can run two scenes at one time and oftent times even a homicide or a vehicle crash. We're
working those in the rain, in the snow in 30°. Um, you know, when I was a lieutenant, I lost the
feeling in my right hand just working a homicide standing out on the scene. There was nowhere
for me to go, nowhere for me to brief the media. um we had another scene working at the same time.
So unfortunately we are spread thin with running our scenes through the city. We feel two is the
adequate number for us. Okay. Thank you, Council Member Glascott. Thank you, Mayor. So we have zero
right now. How many times would we have utilized two this year at one point? I didn't put together
those stats. Um I mean like if it's one time versus 50 times, that's a substantial difference.
It's going to be in the middle. I would say um you are probably talking once every two weeks
for one of the vehicles. I would say probably once a month for two of the vehicles. So if we did one
vehicle essentially the second one would be needed once a month if that makes sense. I don't know if
I explained that. Okay. I think um it's a it's a matter of how do you appropriately deal with some
of these multiple incident weekends we've had for instance and I think it's you're not going to
it's not going to be all the time but it we unfortunately we all do know that there have been
difficult periods of time where we're the police department on a weekend is at multiple scenes and
so I think that's why the recommendation why we support the recommendation. Do we get a discount
for buying more than one? We'll see. We'll see in the RFP process, but Okay. Um, this might be a
question for Bob. Something that you mentioned just stood out to me that our fire one cannot go
down residential streets. Was that talked about when that came before the body at some point? I'm
not I it's never been brought to my attention that they are unable unable to operate at a scene uh
because of the size of the vehicle and the scene that they're serving. They may be around the
corner or something like that. They may not be, you know, parked where a pumper would be or
where a ladder would be, but I I'm not aware any operational issues that have been brought to
my attention. Yeah. And to and to clarify on that, it's not it's not like every city street. I
mean, it's the size of a village tour bus. If if there is a scene mid block, depending
on where we put our command post, we've had a some neighborhoods where that bus can't make the
turn. Every city block is different. There may have been a tree or something where we couldn't
pop over a curb or something with it. Um, we've just stopped requesting it because you don't know
until it gets out there if it can make that turn. I can't speak on how often fire brings that
out and if they're running into that. I can just tell you that there's been a few times
where we have requested it and we've ran into that. Could be that particular block, could be
that street, but it was enough for us to say 40 foot is too much. I think it'd be a challenge
if a fire command vehicle can't go out places, then we should probably be addressing that if it
is a as big a problem as you're talking about use not be able to be utilized. I I will say that
fire runs a different type of uniform command unified command than police does. So when fire is
attacking a fire, they are running it differently than how we run a unified command. Are you going
to let fire use your asses now if they can't go to places? Yeah, we're we're a great partner
with fire. We've I just went to training on uh uh hazardous training for all these events and
stuff Tuesday, last a week ago with fire. Um so, mayor, if I could, this is just to authorize the
funding. Um you'll approve going out for proposals or bids on a on each of the units. You have one
in front of you at the next council meeting. Is it the bomb unit or SWAT? It's a SWAT unit. let
us do a little more work on the on these and we'll bring it back the justification and the reason
why it was included in the CIP. Thank you. Okay, you we haven't even started the RFP on it yet. So,
Council Member Hoheisle. Thank you, Mayor. Um, uh, that did spur kind of a question. Right now,
we do use the fire command unit to go out for forest fires, woodland fires, and whatnot. Um, you
had mentioned in the presentation about it being restricted to South Central use. Do we see this
either of these being potentially used um outside of Witchah? And what would those circumstances be?
Are you talking about the police ones or fire? Uh, the police ones. Okay. The police ones. We are
not obligated to respond to the South Central region unless it has been funded by the South
Central region. So, for example, one of our armored vehicles, all of our bomb vehicles, um
whole slew of equipment, those are funded by the South Central region. We are obligated to provide
that mutual aid. If it is funded by the city, we're not obligated to bring those pieces of
equipment as mutual aid. We participate in mutual aid for our SWAT team, for our bomb team,
for our negotiators, but it depends on where the funding comes from. If you're obligated to
provide those pieces of equipment in mutual aid, so they would be active in like an emergency
management situation, disaster response, tornado, something like that, they would be eligible to
go out on the scene and help with that. in the city out outside the city like if it's um Andover
or Hazesville or that would be up for the chief and and city management. Okay. Y thank you. Mhm. I
just had a question regarding the storage of these uh new vehicles. Where would those be essentially
stored? I know that that has been an issue um with space. Yeah, so I'm currently uh looking
for storage now. Um we've got a couple uh places that we're looking at very very preliminary
nothing we don't even know if they're going to work type spaces. Uh right now where we're
currently at is full uh both for bomb uh and SWAT. Um so we are looking in the CIP funding
there is uh uh funding for storage but it's several years out 29 and 30 maybe 31 uh so it's
several years out um so we are actively looking uh none of them places have been brought uh to the
city manager yet because none of them uh have been viable options Yeah. Can I put it on the record
that um one of the options we have the uh evidence building? Uh could that be a location? Yeah. So,
we've looked at that in the past years. There's um some parking lot concerns with that. Uh these
uh pieces of equipment are uh heavy um very heavy. uh even though they're built on some of them on
a 550 chassis, it's by the time you make them armored or they are very heavy. Um some of them uh
may fit inside that facility, some of them are not going to fit due to the size of the garage door
and how tall these are. Um plus the I think the um final nail in that is that building is
full. Um, when you open the garage door, it is full with vehicles that we are mandated
by the district attorney to hold as evidence. Thank you, Captain Kulie. I see no further
questions for you. We will now open it up for public comment. I see no one from the public
who would like to speak on this item. I'm gonna bring it back to the bench. I will I see no
comments from council members. So I will go ahead and move that the city council approve the
initiation of funds and authorize the necessary signatures. Second motion and a second. Any
further discussion? I see none. Madame clerk, please open the role. Motion passes 70.
Madame clerk, please call the next item. Public hearing and request by Lang Gen Y LLC
for approval of a letter of intent to issue issue industrial revenue bonds. Honorable
mayor, members of council, Troy Anderson, assistant city manager. Um, we're going to call a
little bit of an audible here. I know there's been some conversation about postponing this item. Um,
and so I could go through the whole slide deck, but in the interest of everybody's time, um, with
that being said, this was advertised for a public hearing. So, an alternative recommendation for
you today, hold a public hearing and then you can either continue the public hearing to a time in
which you postpone the item or you can close the public hearing and then postpone the item. But at
a minimum recommendation is to uh hold the public hearing and then take whatever appropriate
action. Otherwise, I'll stand for questions. Uh questions for staff. Council member Gl. Thank
you, Mayor Troy. Does that mean that we could just open it to public comment or do we have to open
a public comment for the public hearing? It's a public hearing, but yes, it's opening for a public
hearing. Yes, you would have to open the hearing and have anyone's comments and then you would
close the public hearing. So, do I need to make that as a motion? Uh if that's what we're going
to do. Yes. Okay. But I don't know whether you want the presentation. If you're going to have the
public hearing so people know what they're talking about. Likely the the applicant is not here. I
would extend the presentation for the November 6th meeting. So would I make a motion to open the
public hearing, provide public comment if there is any, close the public hearing, and extend to
November 6th. So, you'll close the public hearing after you hold the public hearing. Do I have
to make a motion to open the public hearing or Okay. So, I move that we open the public hearing,
take public comment. Yep. Yes. That's my motion. Without the presentation. Yep. Second. Motion.
Second. I'll mad clerk please open the role. Motion passes 70. We will now open it up for
public comment. I see no one from the public who would like to address the council regarding
this item. We will bring it back to the bench. I do have one question for staff. I want
to make sure um we are clear. Right now, the property is levied $63,752 in property taxes.
If this was to move forward, they would still have to pay those property taxes or they would be able
to abate the current amount that they currently owe. As it's contemplated, any abatement would
be on the increase in property value. So, they would still have to make the city whole
with the 63,752 with the addition of inflation, etc. So, they would still make
the city USD259. Yes. Payment to all taxing jurisdictions. Yes. Thank you,
Council Member Blasco. Thank you, Mayor. Um, quick question. So, now would I make a motion
to extend the public hearing or make a motion to close the public hearing and then we
would have to open a new public hearing? Okay. I make a motion to close the
public hearing ex and defer action until the November 6th city council
meeting. Second motion and a second. Any further discussion? I see none.
Madame clerk, please open the roll. And point of clarification, November
6 is our nighttime meeting. Everyone, it is not a Tuesday. It is actually a Thursday. Motion passes. 70. Madame clerk,
please call the next item. Public hearing and request by Larksfield Place
Retirement Communities Incorporated for approval of a letter of intent to issue healthc care
facilities revenue bonds. Honorable mayor, members of council, Troy Anderson, assistant city
manager. So, this application comes to us from uh Larksville Place Retirement Communities. Uh you'll
hear me refer to them as Larksfield throughout. They are a notfor-profit comprehensive retirement
and nursing facility. They've operated in Witchaw for more than 30 years. They are requesting a
letter of intent for the issuance of healthc care facility revenue bonds and an amount not to
exceed $60 million. They're going to use those proceeds to finance construction of 48 independent
living units and then also expand upon and modify other amenities on site. We're going to refer to
this as the project. With that being said, uh, property tax abatement's not being requested as
part of this. Uh, as a notfor-profit, Larksfield's generally exempt from ad valerum property taxes.
The property is and the project is eligible for a sales tax exemption. Though the approximate value
of the sales tax exemptions about 2.25 million, city share being about 168,000. My standard
disclaimer on IRBs or excuse me, in this case, healthcare facility revenue bonds. Um, they're
a mechanism for achieving a sales tax exemption or property tax abatement. In a revenue bond
transaction, city's not lending any money. Bears no risk. Company's required to acquire all of its
own financing. No taxpayer dollars are at risk. All costs are borne by the company requesting
the use of the bonds. Larksfield agrees to pay all costs of issuing the bonds, paying the
annual obligate or excuse me, origination fee and then ultimately the bonds will be purchased
by Larksfield or a related entity. All the bond documents will be prepared by outside council
but ultimately approved by the law department in their final form prior to the issuance. With
that being said, it's recommended city council hold a public hearing subsequently then close a
public hearing adopt the resolution and authorize the ne sign signatures. We do have representatives
here uh from the applicant that uh if you have any questions I'd be more than happy to answer those
as well. questions for staff or the applicant. I will since the applicant is here um I know that
Larksfield Place provides a lot of um housing for individuals who are older. Can you just tell
us the plans that you have for Larksfield Place? Hi, I'm Mike Campbell, uh CEO of Luxfield
Place, and our plans include the 48 units that was mentioned. We currently have
185 units of independent living. We have um 80 uh units of uh skilled nursing
and 72 units of assisted living. So, the additional 48 units would be independent
living added to the 185 that we already have. Thank you very much. I see no further questions
for staff or the applicant. We will now open it up for public comment. I see none. I'll bring
it back to the bench. This resides in council member Tuttles's district. Thank you. I just
want to thank Troy as always. Thank you for all your hard work in this. Um I appreciate you
shephering the applicant through the process. Um, I also want to thank Larks Place Retirement
Communities for investing in Witchah. Um, I I know there's a need for this type of housing.
We need all housing. We heard that earlier, right? We need apartments. We need multif family.
We need single family. And we also need places for people to be able to age in place. And if we don't
have that, then unfortunately people will have to leave our community at a time in their life when
we certainly want them to stay close to us. So, thank you again for investing in Witchah. And
with that, I would move that the city council close the public hearing, adopt the resolution,
and authorize the necessary signatures. Second motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk, please call the
next item. Tax Equity and Fiscal Responsibility Act public hearing and approval of the issuance
of revenue bonds. Honorable mayor, members of council, Troy Anderson, assistant city manager.
Um, this one's a little bit different. The we see these every once in a while, but kind of generally
follows the same construct. Uh, this one though is uh the Indiana Finance Authority, which in
this case will be the issuer of the bonds, is a multi-state issuer of bonds. Um, the
issuer intends to issue 501c3 bonds in an aggregate amount of uh not to exceed $1.4 billion
to actually 1 4 billion7 million to be loaned to Ascension Health Alliance. You'll hear me refer
to them as Ascension to finance or refinance capital improvements. These capital improvements
will occur across nine states in including Kansas specifically. There's $60 million worth of
investment that's going to occur in Witchah, $35 million for Ascension Via Christie St.
Francis, 20 million in a new facility at 12108 West Kellogg, and 5 million in renovation to
the Ascension Via Christie St. Joseph property. Um but because these are a multi-state issuance,
uh the issuance of the bonds by the issuer must be approved by the city because these particular
improvements and these facilities are located within the territorial limits of the city. There's
no economic incentives being offered as part of this. Not for-profit hospitals are generally
exempt from adaler property taxes. There's no direct financial consideration for the city. Legal
considerations for you. Uh revenue code requires a local government to hold a public hearing. The
issuers bond councils provided the form of the resolution to approve. Therefore, it's recommended
the city council hold a public hearing and then subsequently approve the resolution, authorize the
necessary signatures. We do have uh council for ascension uh as well as our own bond council here
if you have any unique questions as it relates to sort of this particular process and application.
But otherwise, I'll stand for questions. Questions for staff? I see none. We'll open it up for public
comment. I see none. Oh, we see some individuals. I'm Carol Samson. Um I am worked as a nurse for um
the ascension facilities for 41 here years here. I'm an ICU nurse on the St. Joseph's campus. I
belong to the National Nurses United Union. Um I our concern about this is um you know when
Ascension came in and combined St. Joseph and St. Francis they consolidated a lot of services.
St. Joseph lost neuro, we lost gastrointestinal services, we lost um orthopedic services, we had
limited cardiology services. Now we have they took away our cast lab. We have IV services and EEG
services that are served at both hospitals. So that limits us. We also have limited MRI services.
Now due to staffing, we only have it um 8 to 3 Monday through Friday. and radiology services
are um amongst all three hospitals. So our big concern is you know we can't we have problems
staffing this now and staffing our hospitals. So how are we going to staff another facility
that um you know our ERS are both understaffed now. Our other concern is if they build this
building are they going to get rid of like um our acute our primary facilities and um our urgent
care facilities because you know our community needs finances that are available for people
to go to. ER services are very expensive. We do want to make sure they don't get rid of
the urgent care services. Um that being said, you know, those are our big concerns.
Erin's going to talk a little bit about a couple other things. We'll have one
individual at a time. So, um are you finish with your comments. Well, I think that's
the big thing. You know, we're underst staffed now. We all all of our units have beds closed. A
big concern to all our staff is how are we going to staff these? Where are these nurses going to
come from? We have travelers now. We don't even know how we're going to travel the opening
of the expanded St. Joe ER right now. So, I think those are our main concerns.
Thank you. Thank you, Vice Mayor Johnston. Oh, Council Member Ballard. Thank you.
Is there somebody here to represent? There was. Okay. Unfortunately, yes. I would
be curious to have a response to I mean I think our concern legitimate there is legal counsel.
He may be able to respond but Okay. Thank you. Hi everyone. I'm JT Clausen with Spencer Feain
here in Witchah. I'm actually assisting the bond council in Sacramento, California that's issuing
these bonds on behalf of the Indiana Finance Authority. Um we did have Christopher Dodson here
today, the chief strategic officer, but uh he just couldn't stay any longer. I'm going to do my best.
Um the uh 60 million that they would dedicate for use in Witchita would be to replace all of uh the
beds and equipment at St. Francis which should provide both for better patient care as well as
uh be a a boon to staffing who will be able to use all new equipment. Um, as for the uh West Witchah
facility, um, I I think we can all acknowledge there is a staffing problem, uh, but there is also
an emergency room problem uh, in Witchah. And I know that Ascension feels like this will go a long
way towards helping assist with that project and and slowing down the wait times in the emergency
rooms. The 5 million at St. Joseph is all for equipment. Um there's no additional services being
considered or provided at those facilities, just all new equipment, including diagnostic equipment.
That should be a benefit uh to the uh staff there, including the nurses. So that's the purpose of
the bond issue. If that helps, I knew that, so I thought I would provide it. I'd be delighted to
try and answer any other questions you have. Thank you. Thank you, Vice Mayor Johnston. Okay. Thank
you, Mayor. I can probably speak to it, too. I was on the board when the two on the hospital board
when the two uh entities combined and the thinking at that time was there were three hospitals doing
three of everything and Witch didn't need three hospitals doing three of everything. They needed
basically two hospitals still keep the competition and still cover the the city. So, it was a
financial decision uh for the hospital and for the city and I think they've realized uh savings
from that. Um secondly, um I was at their opening I or pre-opening for their emergency room in St.
Joe. It's really nice. Um it will address the uh mental health in our community. Um I think they
have 21 beds just for mental health. um which is greatly needed in this community because that's
where almost all the mental health patients are taken by the police department. So third thing I
will say is I did ask them about uh the west er is it needed and they have data and research that
says it is needed. I said will it will it hurt the St. Teresa ER and it won't. Um they say they're
still going to have and I can't remember the exact numbers. I think it's 15,000 patient visits at
St. Teresa. They'll think they'll have the same at uh at uh which they have now the same on West
Kellogg. So it just it speaks to the tremendous growth in that area. It also speaks to the need
for a Northwest Expressway and improving West Kellogg, which this hospital will be on one of
those intersections that is slated to be improved. So, I hope that answers your questions. Um, I was
in on those conversations years ago, so about it. Thank you. We'll continue with public comment.
Thank you. My name is Aaron Ruber. My address is 1519 North Timothy Lane. I've been a nurse at
Ascension Via Christie St. Francis for eight and a half years. I work in the neurocritical care
unit there and I'm also a member of National Nurses United and today I'm here to represent all
the nurses at St. Francis and St. Joseph and to bring up some of our concerns related to this. And
so we want to start out by saying our main concern is not adding more health care facilities
to Witchaw. We stand here for our patients, our community. Our main concern is Ascension has
a a kind of a dubious track record of disguising their initiatives and actually causing detriment
to the health in the these communities. They're they're a profit driven nonprofit organization at
the end of the day. And we see that in our patient care every day. They they're their only goal is to
honestly uh kind of drip every dollar they can out of us and our patients. Um, in some conversations
with our our CNO, our chief nursing officer, she has brought up that the bottom line, no matter
what, is productivity. And we have asked her what that means, and she describes that as the maximum
number of patients for the shortest number of or for the lowest number of nurses. And that makes
makes us worried about like what will happen at this Westside ER that will open. Are they going to
take nurses from our hospital, St. Francis and St. Joe, and just drag them to this Westside ER? Is
the short staffing going to get even worse? And we understand that we do need more ER beds as
well. But then when we're blocking beds at St. Francis and St. Joseph, these reduced ER weight
times are just going to actually continue to grow or the ER weight times will still be there
because there's nowhere for these ER patients to go because the the hospitals themselves are still
blocked up with block beds and reduced nurses. So, and along with that, um, I would I'm sorry,
Carol already mentioned it that ascension, we want to make sure that they keep
their primary care services open and their urgent care facilities
open. And along with that, I think we're bad. Um, mo most of all, we just
want to reiterate, we we're here to help the healthcare of our community, and we're not
opposed to this opening, but we just want to make sure that it's done right. And we're
asking the city council if they do issue this bond that they hold Ascension accountable to the
money because at the end of the day, Ascension will see that dollar sign that comes forward and
they're going to go, "Give me, give me, give me, give me." But we want to make sure that that money
is used appropriately and for the community and for the patients, not for Ascension's pocketbooks.
And I mentioned that Ascension has a track record of actually harming communities and their
healthcare. We have some more information about that as well. Okay. Thank you. Councils Vice
Mayor Johnston. Thank you. Uh I'm going to come to Defense of Ascension. Um it's a great hospital.
I will tell you that of the two systems in town, they're the ones who take care of poor people.
They're the ones who set up uh ERS for us free of charge to get our patients um uh surgeries,
MRIs, other things. So, they're they are a great community partner. Now, sounds like there's some
uh employee relation issues that they've got, but uh they are absolutely a great partner. They
do their research. They they do what they say. Um they do need to operate like a business because
if you lose money, you're you're not going to be in business. And they're their profit margins
are really really slim. Um I knew they they were uh early in the year things were not good. Um I
know them well. Uh lately it's been been pretty good. So they've kind of turned the corner.
So I believe in their leadership. I believe in what they're doing. um they're very strategic
and uh they have to present everything to the corporate office to get it and justify it. So
they research it really well. Um also mentioned that the the WSU School of Nursing is going
to be renamed Ascension School of Nursing. So they're investing in that workforce and trying
to get scholarships for people to get into the nursing field. Uh Newman University does the same
thing. So they're really investing try to invest in future workforce too. So I think you're being
a little hard on them. Um it's a great system and I think they would do a wonderful job. So may I
give you this information then? Sure. Thank you. Thank you, Council Member Hoheiser. Thank you,
Mayor. Um I appreciate your perspective. Um especially from somebody with boots on the ground.
Do you think it's more of a barrier of educational opportunities that's leading to this shortage? Do
you see with WSU Tech, maybe the KU, WSU biomed school, if there will be more opportunities
to backfill some of these positions? Um, there's I wouldn't describe it as a nursing
shortage. There's there's plenty of nurses across the country who have actually quit working bedside
because they've been pushed away because of the job climate that companies like of Ascension have
created at the bedside. They are constantly short staffed. They're expected to take care of too
many people. There are too many patients that they don't have the resources to take care of. And
because of that they suffer from moral distress, moral injury because they know that they what to
do and how to do the right thing but they don't have the resource to to do that. And so instead
of working at like hospital bedsides, they go and work at a surgery clinic or in physician's
office or something. So there are plenty of nurses who can have the opportunity to work at those
hospitals and reduce that short staffing problem, but they don't feel supported by the comp
companies that who just are only seeking that productivity. I can appreciate you sharing your
perspective here and I'm glad to have uh somebody in the medical field here because I think there's
seven of us up here that need flipped to avoid the uh bed source from this long meeting today.
So um thank you for sharing your perspective, sir. Thank you, Vice Mayor Johnston. I will point
out that there is a nursing nursing shortage because a lot of nurses have figured out if they
become traveling nurses, they can make two and a half to three times more than what they make. So,
a lot of them went traveling to to Portland. I've got a a cousin that does that. They travel all
over and then they're resented by the nurses like you. Well, I I do not resent travel nurses.
They fill an important role in the hospital, even though they're making three times more than
you and you're working right alongside of them. How how could I resent somebody who's providing
an important care and taking care of my patients, my community? Okay. I've I've heard it from other
nurses that, you know, why are they making two and three times more than than what I'm making? I
guess. May I ask you a question, sir? Sure. Do you think it's appropriate that they're making
two to three times as much as somebody who's here supporting their community locally? No, I
don't think it's appropriate. Ascension will pay them that much. Do you think that's appropriate?
Well, every every hospital in the in the country is doing that because they have to st they have
to have minimum staffing standards, as you know, and so they have to have nursing. So, they keep
the dollars keep going up until they can get their nurses nurses to their hospitals. So,
it's not something they want to do, you know, it's it's millions and millions of dollars
to them. Um, I understand your perspective, sir. It just seemed backwards to what
you stated previously. So, yeah. Okay, thank you. Thanks for being here, Council Member
Johnson. Thanks, Mayor. I just wanted to say thank you for being here. Appreciate your perspective.
Um, talking to anybody in the medical field after the pandemic. Hats off to you. Thank you for what
you do. Um, for this item though, I just wanted to know what you were kind of looking for us to
do. We're having a public hearing on this. Are you looking for an approval or denial or you just
wanted to share a perspective? From the beginning, we want to say we do not oppose this. We just
want to make sure the funds are used appropriately by Ascension. We support more health care in
the community. We just want to make sure the city council holds attention to using those
funds appropriately. Okay. Thank you. Yes, we'll continue. Council member T. Oh, thank you.
Just a quick question and I'm sorry if I I did miss it. What union what is the organization
again that you're with? National Nurses United. National Nurses United. Thank you. Thank you
for being here today. I know it's been a very long meeting. yellow troopers. So, thank you.
Thank you. We'll continue with public comment. My name is Doug Prader. I have been a nurse
in the Witchaw area since 1997. And uh really all I wanted to say was uh the experience that I
have had has been as a bedside nurse in coronary intensive care. I have been a travel nurse. I have
changed jobs a couple of times here in the uh city of Witchah because of market conditions. At one
point in time, the only true way to get a raise was to change jobs. I have worked bedside in ICU.
I have worked bedside as a med surge nurse and I currently work as a step down uh ICU nurse in
cardiothoracic care at St. Francis Hospital. Uh, I will support the nurses that have been before
me here. My only concern is to make sure that the money is used appropriately and that we hold
Ascension accountable for the usage of that money in the way that they say they're going to use
it. My biggest concern, the reason for stepping up here is currently we have um patients being
held in overflow in the emergency department. I am not sure that creating more emergency
department beds is going to do anything for that overflow. I would much prefer to see actual
inpatient beds or this money go towards inpatient bed placement to get these patients that are
being held for extended periods of time in the emergency department. some coming to me 24, 36, 48
hours after arriving at the hospital. Additional emergency room beds does not seem to me to resolve
this problem. The problem would be resolved more with inpatient beds. New equipment is great. I
need new equipment. I support this the bond issue, but I'm not 100% sure that I support 20 million
of it going for additional emergency department beds when I need additional inpatient beds to
place those already in the emergency department. I appreciate your time. Thank you, Vice Mayor
Johnston. Thank you for your comments. um by your own admission, there's not enough emergency beds
uh in the city. Now, it used to be when I was on the board, St. Joe Hospital had the busiest ER in
the in the state of Kansas, including Kansas City. Now, it's St. Francis that has the busiest ER.
So, I think I'm just guessing, they didn't tell me this, but I'm guessing that some of that Westside
er will take some of the the stress off of St. Francis because people come from from Goddard and
Maize and all those western communities are coming in and they're going to St. Francis Hospital.
That's the closest one besides St. Teresa. So I I think that's the thinking is they can take
some of that weight off of St. Francis. So they'll probably transfer those patients to St. Teresa. I
would guess. Well, I do understand and appreciate that line of thinking. However, my emergency
department would not be backed up if I had the correct number of beds, inpatient beds to place
them. If I have 50 patients holding in the ED and 30 only 30 beds available, I can't get them out.
That creates what appears to be a need for more uh emergency department beds. when in fact if I
could open up every bed in the hospital I could clear the emergency department then we wouldn't
have the need for the additional emergency broom beds what the real need is is for inpatient
beds so that patients being held in properly in emergency rooms can be admitted inpatient
and treated properly by nurses trained to treat patients as inpatient not nurses treat trained
to treat patients in emergency situations. I I agree with you and I think 30 million of this is
going to St. Francis and I don't quote me on this, but I think they told me that there are will be
some more inpatient beds so they can clear that emergency room out easier. So I'm pretty sure
some of that 30 million is going to that. So thank you. We will continue with public comment.
I see no further public comment. We will close public comment and bring it back to the bench.
Council member Glascon. Thank you. Briefly, I just want to say thank you for spending time
waiting and coming here. Most uh would have walked out by now. So, thank you for engaging
the process and sticking through us today. this project. Again, I want to make sure that
the applicant has the time one more time to tell us the $60 million is mostly for beds and
equipment and the new facility on West Kellogg. Yes, Mayor Woo, that's correct. And there's
uh 5 million for additional equipment at uh St. Joseph as well. Uh in response to one of
the questions that asked, just like in the city of Witchah, these monies when issued through bonds
are placed in trust and held by a trustee and can only be withdrawn for the purposes for which they
were applied for and which were approved by you. So for instance, they could not spend the money
somewhere else or on something else other than you're approving today, which is the purpose of
this taffer hearing. And I thought you might might want me to acknowledge that. One more question for
you. Yes. The dollars that would be approved here, which again we're not giving you a loan of $60
million. Um, however, those dollars are not to staff. Correct. This is for equipment. Uh, the
bonds can improve. The bonds can only be issued for capital improvements and can't be used for for
uh what we would call operating expenses. And so, they will be used for uh new equipment. A lot of
that is new diagnostic equipment, quite frankly, at at St. Francis, as I understand it, new CT
scanners, uh, things that are needed there, uh, in order to prove improve health care in our
community. Thank you. Again, thank you for the investment and thank you to our healthcare
workers. Uh, we appreciate that you took the time again to speak today. Um, and we're very
appreciative of public engagement in the process. Um however again as the applicant representative
just mentioned this is not for operating expenses but rather for capital improvement um equipment um
things that again do come before this council and those dollars will be allocated for just that not
for staffing which is operating expenses. I wanted that point of clarification and I appreciate
it. With that, I will move again this uh affects council members in districts three, four, and six.
So, I will move that the city council hold the public hearing approve the resolution approving
the issuance of the bonds by the Indiana Finance Authority for the benefit of Ascension Via
Christy Hospitals Witchaw, Inc. Second motion and a second. Any further discussion? I see
none. Madame clerk, please open the role. Sorry. And district five. Uh motion passes 70. Madame clerk, can you please call
the next item? First amendment to the amended and restated development
agreement with EPC Real Estate. Uh, honorable mayor, members of council,
Troy Anderson, assistant city manager. So, this item comes before you um holistically as
an amendment to the development agreement. Uh, let me give you a little bit of background
and context around kind of how we've arrived to where we are today. Uh first and
foremost, probably one of the underlying um issues at play here is uh a base grant award.
So back in April of 2022, the city received a $5 million base grant award. At the time, the
performance end date was set for July 25, 2024. We'll come back to that date here in just
a little bit uh as we kind of better understand the timeline and the impacts that that's had on
on the development. Um so leading up to that, we end up going through what you all may recall as
uh the amended and restated development agreement. I'll refer to it as the 2023DA throughout. Um that
was the agreement where whereby we we separated what was previously a three-party agreement
involving the city EPC and WRLP to then just at that point in time separate agreements between the
city and EPC and the city and WRLP. Um so this is specifically the amended and restated agreement
the 2023DA with with uh EPC real estate. So, it was for the construction of and the development
of tracks of land immediately east of the ballpark on either side of MLAN, building 150 unit
apartment complex, 10,000 ft² of retail space, a 260 stall parking garage, all of that sort of
being on the west side, what we'll refer to as the multifamily sort of mixeduse project. Uh, and then
a 155key hotel on the east side of MLAN adjacent to the river. the hotel project. Okay. So,
coming back to the base grant for just a minute, right? Um, understanding that there's a there's
a period of time in which we are allowed to go in and lower the river and make improvements to the
channel to uh and so as part of that base grant, there were river bank improvements, but there's
a limited window in which we can go in and make those improvements. Okay. So the end of
channel construction season about February 28, 2024 again that base grant performance end date
July 25 2024 the next time we would have been able to get into the channel would have been September
1, 2024 sort of months after that performance end date. So when we approved the amended and restated
agreement at the end of 23, we had a really really short window and we tried really really hard
to hire an architect, go through the approvals, onboard a contractor, and in essence were unable
to get in, make the riverbank improvements. So, we immediately knew that we were going to need
to start engaging the state and requesting an extension uh to asssure that we were going to
be able to spend all $5 million of those base grant funds um to help support the riverbank
and riverfront improvements, which would then again provide the necessary infrastructure to
see these projects, the multif family mixeduse project and the hotel project come come up out
of the ground. So, fast forward to October 31, 2024, we finally get the extension from uh the
Department of Commerce. We worked really closely with the Department of Commerce over several
weeks and months. Uh eventually had an outside Otter Whit O'Brien that um we engaged in. Had to
bring them up to speed on kind of the history and the timeline. um garnered their support and again
October 2024 got the extension. We immediately are in the in the channel making the riverbank
improvements. Fast forward to June 25th, 2025, which is when that performance end date was
extended to and we make all of the necessary improvements. Uh we have since um closed that
base grant. uh have received confirmation from the state that all $5 million uh was expended
appropriately for all the necessary improvement. In fact, we're making, as you all know, uh an
additional $7 million in capital improvement uh fund. So, it's actually about a $12 million
sort of riverbank uh improvement. And so, we've deployed those first $5 million
uh specifically of base grant funds. So throughout all of this, uh, there's been a a
kind of a conversation question around just kind of the history and the timelines of what we refer
to as kind of Ballpark Village. Um, the first trunch there you see is kind of going all the way
back to the original development agreement. Kind of what that timeline would have looked like would
have extended clear out into 2028. you see kind of the 22DA um where we'll come back with a condensed
version EPC is onboarded by WRLP couple months later they immediately extend that um but then
as you all know where we pick up in 2023 where we kind of separate those agreements. You see
the timeline kind of in that dark blue there um of the trajectory of timeline that we're on right
now. And then ultimately knowing and understanding that the substantial completion deadline as we
originally contemplated it was supposed to be April of 2026. We know that's not going to happen
for all of the reasons we've somewhat described here already. Delays in deploying the base grant
funds. had an incredibly sort of wet rainy season this year that caused construction delays. Uh and
so you see there down in the uh on the bottom in black kind of what the suggested extension of some
project milestones would look like uh as it might affect that timeline. kind of touched on a little
bit of this. Um, given uncertainty surrounding the base grant extension and the deployment of
those $5 million in funds, weather delays, other macroeconomic headwinds. I'll I'll let sort of the
uh applicant describe those maybe in more detail. Um, so we've we've boiled this down sort of really
simply to some basic amendments. on the one hand bifurcating the rights and responsibilities.
Right? remember there's there's sort of two projects going on. On the west side there's the
mixeduse project with um uh with the retail and the parking garage and then on the east side is
the hotel separate and kind of unique investment portfolios and then subsequently needing to
continue to extend the project milestones to asssure that the developer will will uh complete
the project in time. um for a whole host of other reasons I think we're all aware of. So you see
here, here's the amendments uh extending the vertical construction milestone to July 31, 2026,
extending the substantial completion uh milestone to July 31, 2028. Currently, there's no impact to
the general fund by taking this action here today. The amendments have been reviewed and approved
as a form by the law department. Therefore, it's recommended that city council
approve the amendments and authorize all the necessary signatures. I do have a
representative from the applicant that would like to say a few words. Um, and at this
point in time, I'll turn it over to him. Good afternoon, Mayor, City Council. Austin
Bradley with EPC Real Estate Group uh 8001 Metaf Avenue sweet 300 Overland Park, Kansas 66204.
Um thank you again for your time. You know, Troy did a great job kind of outlining where we've
been and where we are. Um really today what I want to do is reaffirm our commitment to you all to
build the project that has been approved. We all have the exact same goal. it is build that
project as fast as possible and this amendment ensures puts this project on the track to to do
that. Um I hope you see diligent progress despite all of those uh forces uh out of our control. Uh
we've been juggling a lot a lot of curve balls, a lot of headwinds. It's not happening as quickly
as anybody wants to. We are as unhappy as anybody. I can assure you of that. Nonetheless, we have
made diligence progress. You're seeing that on site and there's an immense amount of work that is
happening in the background. Um not to belabor the amendment itself, it does two things. One of which
is it separates it out. This is two different ownership groups. Uh to make these projects
financable, we have to bifrocate the project that that must happen. And secondly, we're simply
recasting sliding out the schedule um to align with everything that has happened to date. That's
it. Again, these the approval of this amendment is critical for this thing to move forward as quickly
as possible. re kind of coming back around to some of the benefits that we've talked about at
length in the past. This project is going to add much neededed housing to Delano. It's going to add
density to the downtown urban core. It's going to introduce this mix of units it uses. And probably
most importantly, it's going to generate a lot of sales tax. That project has not changed. We're
not asking for more incentives. We're not asking for a dilution of the program. It's made our job
very difficult to deliver a project of this scale, size, and quality, but nonetheless, that's
what we're committed to, and that's what we will deliver. So, with that, we ask for your
approval of this amendment so we can continue to work diligently as quickly as possible, get
this built as fast as possible, and I'd be happy to answer any questions that you have. We'll begin
with Council Member Tunnel. Thank you. My question is for Troy. Thank you, Austin. Troy, could you go
back to slide 79, please? I'm sorry, which slide number? 79. 79. And sorry if I should know this.
I think I do, but I just want to confirm. We we've talked a lot about parking um this last year. Can
you say more about the 260 stall parking garage? Is it just for the hotel and for the apartments
or does the city get any of those spaces or how does what's going to happen with parking? Yeah.
So, thank you. Yeah, absolutely. Um, thanks for giving me an opportunity. So, this uh the way the
development agreement is structured today, uh, the the developer will build the parking garage as
part of a mixeduse project. Um, upon substantial completion, the city will purchase the parking
garage for a uh sort of not to exceed amount, which has already been negotiated as part of
the development agreement. Um once once the city acquires the parking garage again because it's in
substantial completion, we are immediately able to sort of release some of that parking garage,
kind of a majority of the parking garage. There's percentages laid out in the development agreement
uh to provide the necessary parking for the hotel, for the apartments, for the retail. Um it's not
entirely 100% available to this development. There will be public parking available uh and we'll
manage that as part of our parking management assets. Um but ultimately, yes, we will acquire
the parking garage. It'll be owned, operated, and controlled by the city, but we will be able to
lease back uh a percentage of those stalls in that garage to benefit this particular development and
really folks in Deleno and beyond. Yeah. Way back in 2019 when we approved the baseball stadium,
parking was, pardon me, was a huge concern and one of the things that we kind of assured the
community is that when the development around the baseball stadium happened, there would be more
parking available. So, this helps kind of fulfill that that past obligation that we made to the
community. So, thank you for clarifying. Y Council Member Glascock, thank you. A few questions.
Um, and this would probably be for Austin, the applicant. Um really just two questions. When so
the vertical construction date would be July 31st for things to go vertical according to the new
agreement. At what point would you know if that is possible or not? Yeah, it's a great question.
Um sometime in early Q2 I think we would have a good def we would have to frankly um we would
have a negotiated contract with our contractor uh GMP in place. Um, a lot of that work that I
mentioned that's in place is building the pad, a lot of the earth work, moving a lot of utilities
that have been there as part of the development initially. Um, that all is is behind us, which
is great. We got a huge head start. Um, and so that's really going to uh promote our ability to
jump in and and quickly go vertical. Um, obviously our goal is to beat July 31st um, significantly,
but nonetheless, I would say early Q2 we should have pretty good indication of that. I just want
to get to July 31st and nothing be done. And so if we're going to know Q beginning of Q2 that
it's not possible to be completed by July 31st, I'd be interested in that as a deadline. Um do you
have pen to paper regarding the hotel project? Pen to paper meeting an official hotel um brand name.
That's Yeah, absolutely. Yeah, we have a hotel management agreement executed binding agreement.
Thank you. And that's a Hyatt affiliate. That's that's not confidential. Thank you. Council member
Ballard. Thank you, Mayor. I don't know if this is for Austin or Troy, but how can we ensure
the community that this is the last extension? I know some of it is beyond, you know, what we
can control. But for anyone that may be losing confidence, you know, just everybody's been really
excited, the ballpark's here, it couldn't be open for a year, then it was open, you know, during
COVID basically with one handi tied behind our back. just how can we ensure that this is the last
extension and that this is happening and so so on and so forth. Yeah, great question and certainly
understand that. Um rewind three years ago I could not have forecasted what's happened today. Um
you know so I I certainly don't have a crystal ball. Um what I can tell you is you know we are
as close as we've ever been and have an immense amount of capital uh resources uh deployed to get
us to where we are today. Um, so we are confident, you know, that this is going to proceed. Again,
I don't have a crystal ball in terms of what else could pop up, but at this g point in time, we feel
extremely confident about it. Thank you. Yeah, Vice Mayor Johnston. Thank you, Mayor Austin.
What what happens if you number one is it maybe for Troy? Is it is it for uh vertical start
vertical July 1st on the hotel or the apartments or both? It's July 31st on both. on both. Yeah.
Okay. What if it doesn't happen by July 1, 31st? So from a technical legal ease process,
um within the development agreement, there are sort of default pro proceedings, right?
Um we would generally inform the developer that vertical construction has not commenced. They
have a period to cure. I believe the development agreement also has kind of a second and final
notice. Uh and then at that point in time, then we can uh take whatever necessary default
proceedings uh that are spelled out within the development agreement. You guys at two 30-day
notices. I think that's right. I is that what I read? Yeah, I I believe that's correct. Yeah. Yep.
Okay. Okay. I if that happens at that point, do we go to court to get the the land back or do we
just get the land back or so? So So that becomes a really nuanced question. Um a lot of it circling
around not necessarily vertical construction but definition and and interpretation of commencement
of construction. But um yes, that probably becomes uh arguably a very long drawn out process. Okay.
Well, I hope we don't get there. Yes. I don't think we will. I don't think so either. So, yeah.
Let's start with questions for Troy. Can you go back to the timeline? I think there are some dates
missing here and I think it's important for our community to level set again with information. Uh
many of us on this council were not here when the very first star bond was uh approved back in 2008.
Um there are actually two star bonds if I am not mistaken that deal with this uh property. Um and I
have asked communications to provide that timeline and I hope that um communications can put that
online so that community sees this information. I know that Celeste uh reset often talks about this
and it can get confusing because we're talking about two separate star bonds. um the star bond
that started in 2008 and then the star bond that was established in 2017. The 2008 star bond was
for the river district. Um and so that's one area and then the b the star bond in 2017 that's the
stadium project. Um and so again I know that there are concerns uh because of a slide that you have.
Um, Troy, can you please go to slide number 84? This right here concerns me a lot. I know
that currently at this very moment, there's no financial consideration um, regarding impacting
the general fund. So, those are taxpayer dollars. However, because of the topic I just brought up,
which is the star bond and how to pay for the stadium, um it does become our problem, meaning
taxpayer problem. Uh, can you please address um how number one, the stadium was built, how it was
paid for, and I'm pretty sure we have a a a debt payment coming up. So, please address how this
will be affecting us if we cannot fulfill. So, in other words, we're it's going to be part of
our general fund if we can't generate enough sales taxes to pay for this baseball stadium. Can
you please address all of those things which is really it will affect the general fund if it does
not produce? Yeah. So I if you notice I'm looking around hoping uh Mark Manning will dive in and
correct me if I'm wrong on any of this. So let me try to kind of lay this plane a little bit. Um,
it's my understanding there was approximately $13 million in community improvement uh district funds
uh that were ultimately uh used as part of the ballpark. There was $15 million in tax increment
financing funds. Another $42 million in what you refer to as the star bond funds. Um there was
phase one as you alluded to the star bond project circuit 2007. Uh and then the 20 or and then the
phase two project which was to your point 2017. So uh phase one will sort of retire in 2027. 2027 all
of the development that is contributing to uh uh the starbond payments will retire in 20. So 2028
is kind of this critical year, right? in 2028, um, all of the phase one revenue will sort of go away.
It'll still continue to be captured and collected, but it's no longer part of that starbond
district to go back and retire the debt. So, we're left with um kind of the stuff east of the
river, right? And so 2028 becomes that critical year where that doesn't expire until 2038, right?
So there will be from sort of 2028 to 2038 there will still be another 10 years of of um star bond
revenue sort of C. I don't have the C tiff dates on hand. I can get those out to everybody. But
we'll continue to collect not only the property tax which is the tiff component but also the
sales tax which is the C and the star bond component from 2028 to 2038. the debt retires in
2034. So there's sort of four years that we're still going to be able to capture revenue on the
back end if for whatever reason to your point that the general fund or the debt service fund needs to
make payments to cover the debt service obligation in years 2028 through 2034. that transition
from sort of 2027 to 2028 becomes that critical um transition period. Right now our trajectory
and our projections are uh particularly for the C and the TIFF look look positive um uh and
look promising. Doesn't look like there's going to be risk to sort of the C and TIFF. Uh but
obviously continuing to see development such as this come online hopefully earlier then but
it by 2028 is going to continue to shore up our ability to mitigate and reduce that risk to
sort of the general fund or debt service fund in 2028 to continue to make those debt service
payments. I hope I articulated that well enough. Don't have fun, but I can get you a more detailed
explanation of all of that. Um, we're super cautious about projections of those kind of things
just simply because we have no idea to the point of the crystal ball, right, if if something's
going to happen. But just looking at trend lines and just looking at trajectories, we still feel
pretty good about where we're going to be at with retiring that debt associated to the ballpark
by 2038. Um but again, continuing to clear the runway and make projects like this happen or
or assisting in making these projects happen um is critical to long-term success. This question
is now for the city manager. city manager. This obviously um many of us were not on the council
at that time, but you're the constant here. So, I'm going to ask you questions. Um I know I have
talked about the debt um that the city will bear, not this debt, but in general, we have a deficit.
And I've brought this up. I bring it up often, especially during the budget, because I
know that there are looming things that are happening that are also going to be put on the
backs of taxpayers. And so, while people think I'm just the lone no against the budget because
I'm against spending dollars, I I want us to be prudent that we have looming budget deficit
plus debt that is going to be accumulating. Can you address how this will continue to not only
will we have a deficit, we also have this debt that's looming and as of right now there there's
there's nothing that's generating sales taxes on the property that we're about to consider.
Can you please address how councils before us uh thought about this as something that was wise
to do um when we're in 2025? I know you cannot predict COVID, you cannot predict weather,
you cannot predict the base grant delays, but I just I have a lot of um concern uh because
I don't want this to again fall on taxpayers backs. Um mayor, so let's you know, let's talk
a little bit about the history of the project. Um, it was I think the council wanted to put a
package together, wanted all of us to work on a package that would recognize there's always risk
when we're talking about uh development. The idea was that the development that occurred around the
stadium would then help pay for a majority of the debt. There's a portion of the debt that it was
u out of the go and that was actually referenced earlier today when we talked about money being
moved over from Crystal Prairie Lake. Portion of that was um then assigned to the stadium and
uh incur we incurred debt. Um a lot of moving pieces on this one as Troy said um so far we've
done pretty well. Um it looks as if we are moving forward in a way that um our tiff and CD debt will
be satisfied through revenues that have been gener generated so far and into the future. Um the in
ter star bond seems to be the only wild card and the state did have a had a backs stop provision
uh that we were to transfer transfer funds um if there's any uh deficiency in our ability to pay.
So far we have exceeded our expectations on the uh sales tax to support star bonds. in fact to
the point that in 2024 the uh trustee for the star bonds uh redeemed an additional $8 million in
principle um which was beyond what was scheduled for that year and then the following year this
year has redeemed an additional 815 on top of what was scheduled. though we've advanced paid
on a almost just slightly less than $9 million which is good in terms of how that helps us going
forward because that principle coming off will reduce then our interest obligations going uh
to the end. Should a project not go forward and we don't have revenue, they're probably right now
just what's in today's district and assuming that uh well, not assuming, we know that we will
have the phase one debt go off at the end of 27, there's probably about a gap of about $250,000 a
year. And if uh this project moves forward as is anticipated that any money that would be needed
in the early years say 28 29 would operate just like a tiff district and there would be
more than anticipated revenues in the back half and we would make up for the any money
that came out of pocket. So in other words, this will work just like a tiff district and
we anticipate that the debt of $42 million in principle, actually total 62 million with
interest, will be paid off at the end of 2038. I was not here when we made a vote on a
new stadium. Um, and again, I would have not been in support of it had I been on this on
this council. However, it is built and there is debt and that means we have to be responsible with
how we're going to pay it back. And one of the ways to pay it back is when there's development
on that property so that there's sales taxes that then are generated to help pay for said new
capital investment. So again, this is a very um difficult conversation for all of us because we
just two months ago had another conversation about another failed development and that's um just
across the river. And so I feel very um concerned for citizens because they feel as though every
couple years we ask for either extensions or a renewal of something that should have been already
completed. And so I have expressed my concerns to the applicant um knowing that this community wants
a real commitment. And again, I don't think the commitment has changed from 2023. The proposal for
this project has maintained its quality and also what they are expecting to provide. So now I'm
going to ask a question to the applicant. Austin, do you actually have the funds to carry
this project forward? Happy to report we have our financing in place on both. um equity
conversations are advanced on both. We have the majority of the capital stack pulled together.
This is a crucial amendment that has to happen to allow us to finalize pulling that capital
stack together and part of that on the front end of the amendment bifurcating. This is a direct
result of those engagements with our our bank on both projects. Then my next question is this. Um
obviously this is going to be delayed. However, out of the two properties, hotel versus housing,
the the property taxes for the apartments have a abatement for a while. However, the hotel can
start generating dollars and sales taxes that can help pay for what we currently have as debt.
Can you talk to me about moving up the timeline for hotel versus the apartments? And can you do
that so that we can start generating dollars to help pay for this debt? Yeah, quick clarification.
So the apartments that do have 10,000 ft of retail and so obviously that could be a office use
potentially if it's commercial space. It could also be retail. So that will generate some sales
tax that will help. Obviously it's not 158 key hotel with two FNB components to it. So totally
understand the question but wanted to make that clarification. Um, as far as the hotel, again,
there's an immense amount of complexities on these sites. It's with any urban development in
any city. We have a baseball stadium next door. We have a river, two active uh corridors,
um, MLBs involved relative to our cranes. When can our cranes be vertical? When can
be operating relative to game days, keeping pedestrian friendly paramount at the forefront.
So, it's really limiting from a means and methods, our construction ability. So, all that said, yes,
I think that's absolutely possible. And frankly, that's our intent. We are still working through
that however with our contractor relative to layown space, parking, so on and so forth. And
so that that'll be an ongoing exercise that our team will continue to diligently pursue. What
I can tell you though is both the hotel and the apartments, our goal is to get those going
concurrently as quickly as possible. Can I ask for the hotel to come online sooner than even
the apartments? And I know that there's parking concerns because there's a parking garage
to help with your guests, right? However, um we want to make sure that we have some sort of
commitment here regarding at the very least this hotel. Yeah. Um I'm going to ask city manager what
can be done in order to have at least the hotel start generating dollars. So this project while it
will be bifurcated, can you have the hotel come up sooner? Well, it's going to be a function of their
ability to get out of the ground. I do think in my discussions with Austin that he has the ability
to get that hotel moving quicker and to possibly get it completed beforehand. Um, I I don't know if
there's anything we can do that will help expedite that uh other than to continue on building review
as we have done, but I believe that it's your intent to move forward in that regard. Yeah. And
and the hotel will go quicker once we start. So, if if both start at the same time, the hotel
will deliver before the multif family. Um, it all we'll need a a cooperative kind of workable
neighborhood, right? So, if we're going to lose our layown space, we got riverfront improvements
we're dealing with. We got potentially another development to the north on the church property,
active game day site. So, it's really just going to be a a collaborative effort to ensure that we
can effectively build this deal by the time we need to have it complete. So, by function, the
hotel is a shorter construction duration the apartments. So, I think it's it's absolutely very
possible. We just need to think through, you know, what that means from a a means and methods and
a logistics standpoint as we build the projects. Mayor Mayor, if I could, I'm sorry, I misspoke
on the deficit. If we if this project doesn't go forward and we uh only rely on our revenue
today in the Starbond District, it's 2.5 million annually, not 250,000. and I went back and looked
at my notes and uh I apologize for making that mistake. So that tells you about the importance
of this project in terms of eliminating that gap. So again, $2.5 million we would have to find in
the general fund in the in sales tax revenues. Yes. Which would probably either would come in
debt service in the CIP or it would come out of the general fund. And there's different ways to do
it in the general fund, but yes, that is correct. So again, can you explain that one more time? How
imperative something actually gets delivered? And I understand frustration from community wanting
to see things happen sooner. They think that they could build it themselves. And I and we know from
having conversations uh because all seven of us have had uh conversations with the applicant to
understand the project just how difficult it has been to get to this position in time. However,
I do want to make mention that we are giving away free land and also a lot of different tax
incentives to get this ball rolling. And so it is a little bit frustrating and I speak on the behalf
of the community on their frustration that nothing has come online uh so far. And I understand
that there have been things out of your control, but that is the sentiment of this community,
their frustration in seeing things keep on getting delayed. Um and so again my question will
be back to the city manager. How imperative is it that something actually gets developed here
as promised? It it is very imperative mayor and I think uh in your discussion or your uh
inquiry regarding the hotel that's why it is so important if we we need sales tax generated in
this district as soon as possible to be able to satisfy the star bond debt requirements and that
also goes for the retail portion of the project. We have been fortunate. The baseball stadium has
generated more revenue than we anticipated and the district is doing well today. But um that uh we
need to continue to have development in order for us to meet all of our debt obligations. Council
member Ho Heisel. Thank you, Mayor. Um so yeah, there's two issues here that I see. One is
making sure this project gets done ASAP as quickly as possible. The second is how are
we going to fill the the gap in between when we start having to pull out of our general
fund. So one of the star bonds is set to expire in 27. Yes. End of Okay. Is that is there any
possibility to spitballing here that we could get that extended? Is that a state thing that
they could look at to help pay off this debt? So I want to make sure that we're all saying
the same thing too point of clarifically sort of phase two. It's the phase one. Um the
phase one is what sort of falls off in 2027. We still have the same one star bond district
right that will continue. To answer your question about the extension probably not right. I I don't
know if we can get an extension on it, but again, some of the conversations we've had is that
right now the debt is slated to retire in 2034, but the district won't retire until 2038. So
we still have years on the back end where we're capturing sort of the whole trunch of revenue
in those out years to cover any delta or gap that existed in year sort of 28 to 34. Right. I
I get that. It's just how do we fill that gap in between so we're not paying for it out front
out of the general fund in a time that we're going to be pinched. And so just a point of
clarification, when you say phase one expires, does that mean that there's less revenue
coming in from the start bond? Yes. Yes. Okay. So again, is that something that we can have
a conversation with maybe our state? We can. Yeah, we can reach out to the state and see if there's
um some options, right? We can talk to our bond council. We can reach out to the Department of
Commerce. we can have those conversations and see um what there are things that we can do
to help mitigate that risk in those out years. It's absolutely something we can start
talking to folks about now for sure. Okay. Yeah, I think that's a conversation we need to have.
Yep. Thank you. I see no further questions for staff. Thank you, Troy. Thank you, Austin.
We will now open it up for public comment. Thank you, Mayor Woo. Celeste, West
Witchaw, longtime Witchaw native. Anyway, I got to go back. I I try to correct things that
are said and I apologize when I'm incorrect, but earlier um it was misspoken that there was
not an administrative regulation to keep track of donations from developers. So I went to my office
and printed it and I can give a copy to you. I can give a copy to city manager Leighton. But
this administrative regulation was violated when there were two donations received from developer
Jay Russell in 2024 because the administrative regulation that you all are to follow as the
city of Witchaw is that any amount that exceeds um $250,000 or more in a year and his was
400,000 needs an agreement, needs an agenda, and needs minutes. And neither one of those were
done until a year later. So, if you want a copy, I could hand it out. But, um, I wanted you to know
I was correct. We violated our administrative regs when we took that donation from Jay Russell,
which I've got copies of here, before we signed the agreement in 25. I I I don't want to get this
into a debate. Technically, we didn't because that was not adopted until after this time. We did
not have that donation AR in place before that to my recollection. And it was adopted I believe
in April of 25. Was there one before this though that you were amending? Not if we did it was
substantially different I believe. But on top of that we did meet if you read there it talks
about accepting donations in advance of council action but making sure that the council then
because I looked at this Celeste after you and I visited this afternoon. So we can debate this.
We can debate this later if there was another amendment. Again, I'm just trying to say we're
missing information when the public hears from you all. And if there was a previous administrative
regulation, it'd be nice to know that without me having to guess when I come up here. Celeste, I'll
let your time start back over since again this was regarding a different topic and we don't usually
take that, but because there was a clarification, I'm going to just start over the time, but can we
stick to this specific issue? Absolutely. Okay. So, what I want to say about this ball stadium is
that it is actually kind of a convoluted mess. And there are two of you that were on city council
when the ball stadium was approved. The rest of you, you're right, are new, weren't part of this
agreement. But the contracts were written without strict clawbacks. Land was given away without
strict timelines. So, the debt that we are facing right now from decisions that were made before the
rest of you came on board. We've got 42 million in star bonds. We've got 13 million in SID bonds.
And we got 14 million in tiff bonds. And yes, the clock has started ticking. In addition,
we gave away prime real estate land alongside the Kansas River for a dollar an acre. And the
promise was for apartments, hotel, restaurant, and retail establishments. But several mistakes
were made from the get-go. There was no vote for taxpayers. You all on city council that have
been here, there's two of you, made this without any vote by taxpayers. We had no voice. Projected
revenue was overstated. Instead of using what the consultants had said we'd get from the revenue,
you allowed the city manager to increase those revenue estimates. And Topeka now with Star Bonds
has clamped down on that and said you must use third-party estimates. You can't use in-house
estimates. So that's good. But you let the city manager up the estimates. So, we overbuilt and we
didn't meet these deadlines and there hasn't been enough happening to meet the schedule that we were
relying on. So, let's start with talking about the C debt. I've got the schedule right here. This is
the C debt and the payments are going to kick into starting in 2026 to over a million dollar a year.
And I will give you a copy if you want it. This should be published on our website so taxpayers
can see this. I also have the statements from the state of Kansas on the CI revenue and it does not
equal a million dollars a year in this area. So we have a difference right now between revenue
and debt in the Ball Stadium area. In fact, I created an Excel worksheet so I could track these
monthly invoices we get from the state of Kansas. This should also be done by economic development
staff and posted on our website. So you can see the difference between revenue and debt when we
have these discussions on the ball stadium. The debt on the C is also going to increase each year,
which means we've really got to get that C tax going in that area. So as been mentioned before,
the clock has started ticking. Everything we can do to continue with this development short of
giving more incentives, I support. In fact, I'm not here to say no to this extension. I'm here
to support it because we are stuck and we've got to meet this debt schedule. That's just CD debt
that we're not currently meeting. Now, we can talk about starbond debt. And you're absolutely
correct, Mayor Woo, in that the bond agreement, which I have right here, is very clear that
if we cannot make the debt payments based upon sales tax revenue, it will come out of our
general fund. And this is nowhere published in our financial statements so that taxpayers could
see this is like a hidden debt obligation that's getting ready to hit us really hard if we don't
start ramping up revenue. I also have the debt schedule for phase one. I don't care what you call
it. It's phase one and it ends in 2027. And that's been providing us with about two thou $2,500,000
a year in revenue that will be gone. $2,500,000, this is right off of the schedule, will be gone.
And that means that any other development in phase two, which is the ball stadium, has to be in place
generating revenue to keep up with the $42 million debt plus the $20 million interest, which is $62
million that must be paid off on these bonds. So, I'll just end by saying this. The debt payment
in 2025, though we did make a principal payment, was roughly $3.9 million. But the revenue, which
is depending on phase one, just about makes that payment, but they're going to increase. The
principal is going to kick in on the starbone debt. They're going to get higher payments,
and yet we're losing two and a half million in revenue to meet it. So, your questions are so
valid. I appreciate hearing the council members ask these questions. I really do. It gives
me hope that you all know where we're at, what we need to do. I am not up here to say
do not support the extension because with the clawback and the 30 days, oh my gosh,
I don't know how we'd find a developer to take over this mess. I believe EPC has
the best of our intentions in mind. So, I would say approve the extension. Thank you.
Thank you, Celeste. Council member Glascott. Thank you. We'll continue with public comment. I
see none. I'll bring it back to the bench. Council member Hoheisel. Thank you, Mayor. Um something
else I think we should consider. We do have um I don't know, maybe around 27 28 million still
in the permanent reserve. Maybe look at tapping into that to float that as well. Um, if we expect
that, we will make that money back on the back end. I think that just should be another option.
That way, we're not taking more money from the general fund and having to cut services anymore.
So, just putting it out there, that might be a possible option as well. Um, something that we
have to discuss as this becomes clear as we move along. Thank you, Council Member, sorry, Vice
Mayor Johnston. Thank you, Mayor. I I've done a lot of research on this and Celeste, thank you.
Got the same numbers, so that's a good thing. Um, you know, I did I had a lot of angst for this for
this project. Um, however, when I did my research, one thing was common and that was everyone had
good things to say about EPC. So, that that's encouraging that everybody does. So I know they
want to keep that reputation going forward and so I think they will really value this project. So
I I will be supporting this project and uh just want to see some steel up this summer. I will
just add a quick comment. I had mentioned that um we had some timelines those have been added to
the equity bank page on the city's website. Um I also wanted to address a comment u made by uh our
public comment speaker and that is um information regarding debt payment. I know that Mark just
arrived. Uh so I wanted to make sure if this information is already available on the website,
where is it? If it's not, can that be made available so people understand that this is not
numbers that we're making up. This is literally debt that could be on the backs of individuals
here in our community. So either economic development or Mark, can either one of you
address where on the website this will be located. Good afternoon, Mayor Mark Manning with the
Department of Finance. Well, uh, of course, every time we issue debt, all of our, uh, debt
service is public information is and is provided on a variety of websites. Uh, however, sometimes
some of our debt is embedded in multiple series. So sometimes the series may not be broken out
specifically by SID and by TIFF. But having said that we certainly can do that without any
problem at all. We have done it in the past. We've done it in response to chorus. So it's
absolutely no problem at all to do. So yes, we can do that. For um point of transparency if
that could be available that would be very helpful again for community to understand how this is um
sure getting us to this point of talking about debt. Thank you. I see no further comments. Um
I will just add thank you again Austin and to the team. Um what I heard from you is a commitment
that you have not changed the quality of what you have promised this community. Um, I know that we
have seen renderings of what will happen at that corner and we want it to be successful because we
want to again not only provide an asset to this community but also help us pay for the debt
for this asset that was created years ago. With that, I know that this community um
again wanted to get some answers and we wanted to make sure that those answers were
provided in public comment. So, I will move that the city council approve the amendments
and authorize all necessary signatures. Second. Motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 70. Let's
get her down. Madame clerk, please call the next item. Municipal
court competency evaluation services. Good afternoon, Mayor Council. Nathan
Emory, court administrator for the record. The background on this is uh that the city
of Witchaw municipal court does competency evaluations to determine whether individuals
are competent to stand trial. Our municipal court rule 25 uh provides the procedures and
we use qualified mental health professionals uh to make those determinations. On July,
uh we put out an RFP to identify or to uh request proposals for qualified mental health
professionals uh to provide those services to the court under contract. We uh had two respondents
and those respondents were uh individuals who were previously and are currently providing those
services uh to the court. Jodie Patterson and Shelby Hendrickson independent clinicians with
the therapy center. Uh they were selected be both of them were selected for contracts to offer
flexibility and because of their experience having already completed over a 100red uh competency
valuations for the court understanding of court rules and procedures and competitive pricing ra
relative to state reimbursement rights rates. The contract is for $500 per evaluation.
Won't exceed $100,000 and the term is for one year with the option to renew. Uh it's been
reviewed as to form by the law department and it is recommended that the city council approve
the contract authorize the necessary signatures and approve any necessary budget adjustments.
And I'll stand for any questions. Thank you, Nathan. Council member Glascott. Thank you,
Nathan. Two quick questions that just stood out to me. It says two responses were received
and then we're awarding two responses. Um, which just seems a little unusual. So, how many
people uh was this sent to to maybe apply? Um, and maybe how many people do this work in
Witchita are qualified to do this work? Yeah, I'll tell you this work is kind of niche because
typically uh it's done in the district court and so comare gets state reimbursements. Most of the
people in this space work for the defense bar, not for uh cities. And so uh previous to this,
we worked very hard to find clinicians who were willing to work for the city and found these two
individuals. So we communicated uh prior to even the RFP, prior to having any clinicians uh to to
try to find uh health care professionals who'd be willing to do this. I got several responses
from people saying not a chance. So, it's very niche. Yes. And so, these two individuals have
been doing it. Uh we put it out um through the normal uh city channels. Uh and these were the
folks who who wanted to do it. Um I think that we would have potentially space to have more folks
contracted with if if we so found them and there would be no problem with that. Uh but these are
the folks who identified themselves as wanting to do this work for the city. Okay. Thank you.
This is maybe not exactly gerine to this but you said there's 100 evaluations and they're ruling
competency. How many people were ruled um not competent? So I uh I can tell you that this year
alone we've had 79 evaluations. Uh presently we have seven evaluations. Out of those 79 pending,
37 of those individuals were found incompetent, 23 of those individuals were found competent,
and two uh refused with 10 kind of indeterminate. How does that compare to 2024? When we first
started the program, we had a much higher rate of findings of incompetency. Uh what that kind of
shows me is that uh you know, it's not something we had done before. And so the the the least
capable people were the folks who were getting reviewed, right? So there was a very high level of
incompetency. I think as the program has gone on, uh, the judges are looking and saying, "Hey, you
know, I've got a question." And so there's more borderline cases. And so we're seeing a lot more
cases where the evaluators come back and say, "No, I I think this person has the capability uh rather
than a vast majority at coming back incompetent." So it represents kind of a uh a a growth and
maturation of the program of the cases that are uh coming before you for competency. Uh can you
share what the majority of these infractions are? I mean so it's a it's a wide variety. Uh it could
be environmental, it could be domestic violence. Um so it really is across the board. A lot of the
individuals are identified by counsel. And so, uh, if they have counsel and and counsel is struggling
to communicate, struggling to be able to artic have the individual articulate their defense
to them, uh, that's when they would identify to the judge, hey, I think this person may be
struggling with competency. I'd request that you, uh, request a evaluation. So, it could be in any
one of our courtrooms. It could be in any one of our case types. What happens after an incompetency
has been identified? So what what uh will happen typically is the case will be dismissed. Uh then
the city attorney's office refers that case to the district attorney's office to see if they want
to take it up and that's where they can uh access restoration services. I can tell you it doesn't
get picked up very often but you know that is the opportunity. We don't have restoration services on
our side. Uh so we uh do if someone got a new case uh we do do re-evaluations I think uh after
90 days. So if someone uh was was evaluated u the judges will generally deem them uh still
incompetent if if that evaluation is within 90 days and they haven't received restoration
services through the county or or any identifiable restoration services. If it's uh older than 90
days then they would probably refer that person for uh an additional evaluation. Sorry I'm asking
all these questions, but uh this has brought on I guess another layer of uh inquiry having had the
conversations about housing earlier this morning and you mentioned that some of these cases are
environmental court which we were talking about that this morning and also dismissal of some of
these cases. So in situations where an individual has been deemed incompetent then it is the case
will be dismissed. Um, and the DA's office more than likely more often than not does not take
on that case. Is that That's correct. So then what happens in those situations? I think that
can can you explain maybe a real case scenario um more specific to environmental court though.
So I I really don't have personal experience observing an individual case in that environment.
So I I I don't think I could I would ask the city manager u for this specific topic if that I don't
know if that can be part of the discussion when the task force comes around because we this does
talk about dismissal of cases and if if there's a case where a home is um or an individual is deemed
not competent and the case gets dismissed but yet the remediation's not available. I think that's
part of the frustration that some have mentioned uh regarding housing. So can that also be part of
that conversation? Yeah, that may be better or uh discussed by our staff in terms of what resources
we have available? I'm not sure I want to bog this committee down with that or task force down with
that, but yes, we'll be a Yep. Yep. Thank you. Yeah, I I would say that I think that's likely a
very low frequency occurrence off of that docket, but that's um once again that's what I believe.
It's not based on numbers. Thanks, Nathan. I see no further questions for you. We will open it up
for public comment. I see no one from the public who would like to speak. I will bring it back to
the bench and I will go ahead and move that the city council approve the contract, authorize the
necessary signatures and approve any necessary budget adjustments. Second motion and a second.
Any further discussion? I see none. Madame clerk, can you please open the role? Motion passes.
70. Madame clerk, please call the next item. Amendments of sections 602010 60202 602030 of
the code of the city of Witchaw pertaining to the animal services advisory board. Good evening
mayor, city council, Jan German with the law department. I am here to tell you about uh a
pretty minor amendment to title 6.02. That's the animal service advisory board. Um, Shenita,
how do I move this along? Oh, I can just use this. Okay. Um, just to remind you, the animal advisory
board was created in 2015 um to allow citizens more input into what's happening at our Witchah
animal shelter. The board currently consists of seven at large members appointed by the city
council and mayor um with the goal of one of those members being um from a local rescue group.
In addition to the seven, um, a few years ago, uh, under a different mayor, uh, there was an
addition of an eighth member being appointed by the mayor, and that person had to be a vet. That
was a requirement, not a goal. Uh, at this point, an eight member board isn't always a problem, but
it can be a problem. Um, because you could have a tie. Although our our uh chair on that board
doesn't vote, but we'd like to make this like a regular board where there's seven members and the
chair gets to vote along with everybody else. Um the ordinance also changes just some housekeeping.
We're trying to change the name from uh the animal control advisory board and to the animal services
advisory board because most of title six has tried to change the wording to animal services
instead of animal control. A small thing. So, um, we are asking in this ordinance amendment,
uh, that we, um, I will tell you that the board, this did go to the animal service advisory
board. They voted on it. They asked for a couple changes which were made. Um, originally
when we wrote it, it was not going to have a goal at all of a rescue or a goal of a vet, but
they felt real strong that they wanted that to remain a goal. It is still at the discretion of
each member of council to appoint their person. Um hopefully one of you will try to put a rescue
on there and one of you will try to put a vet, but it'd be at your discretion. Um so they
approved it and at this point we would ask uh you to approve it as well and authorize the necessary
signatures. I stand open for questions. Thank you Jan. Questions for staff? I see none. Thank
you. We will now open it up for public comment. George Theo Harris 2115 South Chiakqua. I want to address this ordinance change. I
have been appalled to think that we went to eight way back in 2016, nine years ago. you
you don't put even numbers on any board for the fear that there would be a tie. But of
course, maybe you really didn't care because we just we're an advisory board. And although I
would say on this animal and bicycle board that I was on previously that I have been able for
you to listen to us, but the old saying goes, just because it's not happening when you
expect it to doesn't mean it will never happen. But that being said, it sickens me that
everything is like slow motion in this city. I don't have to have everything now, but within
reason. Like the bike path on East Mount Vernon from Woodlon to the river was supposed to be
done in November 2019 before CO. Then they blame CO why we didn't get it done till 2026, 6 and 1/2
years later. And it's still not done. Just wrong. I put this on because I appreciate. So, I am
so thankful that this mayor is seeing that the ordinance should have never been changed
to eight and now we're changing it back to where it should be at seven. So, thank you,
Mayor Woo. so much of being transparent as I take this mask off to represent that you're
being transparent and thank you again. Now, mind you, nobody on this city council was there
in 2016 when this backroom deal was hatched, but now I can barely get a front door meeting with
the mayor. So, I know there aren't any backroom deals being done with Mayor Woo. Thank you for
your transparency. Again, it has taken years to get the city to work on the dog licensing process
problem. And finally, you listened. The other six cities are size licensed cats, not just dogs.
Please listen to us, or at least me, as I am not as dumb as I look. My wife agrees. Thanks, Doge.
Department of George Enlightenment. Thank you. Thanks, George. Any other individuals
who would like to speak on this item? I see none. I'm bringing it
back to the bench. With that, I move that the city council adopt the ordinance
and authorize all necessary signatures. Second. Motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,
please call the next item. Funding for converting central
library to event venue. [Applause] Good evening, Mayor Council Lindsay Banaka
with the city manager's office. A little bit of background on this project, which is just
to initiate funding for the uh remodel or the uh converting of the the library property. Uh the
former central library building was built in 1966. It's primarily composed of cast concrete, glass,
steel, and is representative of brutalistic um style architecture and design. The initial
design, structure, and most of the systems have not changed throughout the building's 59-year
history with only minor interior renovations over the years. In 2020, the building was placed
on the National Register of Historic Places. The building offers a unique opportunity to address
Witchaw's growing demand for event space. Uh the project that we're initiating tonight uh is
to repurpose the building's main floor only into flexible revenue generating venue
opportunities for weddings, banquetss, meetings, and more activities. Uh the initiative
will activate the currently vacant city asset, enhance the Century 2 campus, and support
the city's cultural and economic v vitality. And a little bit of analysis. The budget and scope
of work assumptions for this project were made utilizing the evaluation uh conducted by ASM, our
property manager of Century 2. Um and as well as the building assessment information generated
by GLMV, now Tesser uh that they did for the city back in 2019. The facility itself is about
90,000 square feet with four levels uh including a mezzanine. For the sake and of scope of this
project, we're only uh considering the first floor uh of the property. Um this the the improvements
will account for accessibility issues or concerns, life safety systems, heating, ventilation
and cooling and electrical systems and an underinsulated building envelope. It'll
address asbestous lead paint abatement and interior finishes. Again, we're really just
looking at the first floor only. This is a very loosely estimated timeline because we really
don't know until we start getting in there uh because the last assessment was done uh six years
ago. Upon approval of the project budget tonight, uh we'll open a request for proposals uh to begin
concept development, a selection of an architect and design services will return to city council.
Uh depending on how quick we can get that RFP and selection process turned around, we anticipate
coming back in January of next year. Uh design of the improvements are anticipated to be completed
uh throughout next year with construction being completed possibly in third quarter of 2027.
That's our best estimate right now uh in kicking off the project um if we're able to do so after
tonight's meeting. For financial considerations, the adopted CIP includes $2 million for this
project which is funded out the TGT or the transient guest tax fund. The law department
has reviewed the bonding resolution as to form and staff recommend uh that council approve the
project and budget adopt the bonding resolution and authorize necessary signatures. And with
that, I'm able to answer questions and I'm hoping my public works colleagues are still in the room.
if you have any questions for them as well. Thank you, Lindsay. Council member Glasco. Thank you,
Mayor Lindsay. Great project. I'm excited to save this historic building and I think this is the
type of project that can save the building. So, thank you for your work on this. I know this is
a long time coming for everybody on the bench and I think the community as well. And I think
this is really the perfect plan for it. Just one quick question and I know you have an answer
for it. When I toured a couple months ago, um it's probably this all blends together. It was
probably a year ago. Um, obviously there was water damage from the roof. The roof's been replaced
now. Is the water damage fixed on the third floor? That's not going to have negative effects on the
first floor because we are just doing renovations on the first floor. Um, I can confirm that the
the roof has been done as you you said. Um, in terms of renovations to the third floor or um
water damage, uh, there's likely still appearance of damage, but there's no further damage uh
of water uh, intrusion coming in. It's just not going to affect any of the involvement or
action on the first floor. Um, not not that I'm aware of. I'll ask Gary to confirm that
as I am not the building expert. Awesome. Mayor, council members, Gary Jansen, public works
and utilities. can't give you a firm answer on that specific. But what I will tell you as we move
forward with the project, assuming your approval this evening, those are one of the items we would
take a look at because even though the focus is on the first floor, we can't have anything above that
that's going to impact what will happen on the first floor. So, we'll confirm that the roof has
been replaced, took care of those issues there, we don't want anything else finding its way to
the first floor. So, we'll make that part of the initial analysis going forward. Thank you. Does
that be state-of-the-art? Just want to make sure it doesn't affect the rest of the project. So,
correct. Thank you, Council Member Ballard. Thank you, Mayor. Just kind of piggybacking on that.
We've heard a lot about mold today, so I just want to make sure that any water damage doesn't
didn't create any problems such as mold. Yeah, I think one of our uh most recent analysis took
a look at that and that'll certainly be part of what we'll do going forward. That's a pretty quick
analysis and be able to take a look and make sure there's no impact as we reactivate this building
for the public. We want to make sure that that is mitigated. Lindsay, a couple questions for
you. Um, the central library has sat basically dormant. I know that there are nonprofits that
have utilized this space. Um, can you give us just a little bit of background in terms of how
long it's been vacant um, officially and then I'll have a follow-up question. Sure. Um to the
best of my recollection uh it's been vacant since the advanced learning library opened in 2018 2019
17 um between 2017 and 2019 it uh as soon as the advanced learning library came on on online that
this library was vacated. It has as you mentioned um been utilized by several nonprofits um and
Cedric County obviously for the vaccine clinic but throughout the years um there's been pop-up
events have happened. Salvation Army is actually um in the space right now getting ready for
their operation holiday um work. Um you have had a special event there. So it has been utilized
but not in a long-term capacity because of the significant building needs uh that the facility
has. We did issue a round of RFPs or not RF, I think we did an RFI as well um to to work with
the local nonprofit community to see what kind of activation for the space uh could possibly exist.
Uh we did have several respondents throughout those various RFPs, RFI, RFQ's. Um but we didn't
have any viable applicants who were able to put in the capital necessary to make the renovations
needed to make it a habitable space. Does that answer your question? Okay, it does. Thank
you, Lindsay. This question now is for the city manager. Um, obviously this has sat vacant for
a good portion of almost eight years since 2018, June. So, seven years. Um, I wanted to know since
again many of us were not on this council at that time, what was the plan for that building? And
again, I say this from the bench often because I know that we have a lot of assets that this
community has invested in and it's important to maintain assets that we have invested in. That
includes sidewalks, that includes things that are not uh the flashy topics, but it's important to
maintain what we have. So can can you tell me give me context of uh what was the conversation about
what was supposed to happen with this building? Mayor the discussion at the time was that it there
was a feel that it would have some uh relation to a relationship with the uh Bob Brown and Century 2
buildings and that it would play an important role in the redevelopment. But at that time um I think
we did have a redevelopment plan. didn't really uh but I I think it was somewhat dated. There
was discussion about updating the plan and then determining how that could be used for at similar
to what we're talking about now is a possible uh venue space or ballroom space. Um but there
was nothing firm at that time. It was to be determined in the future. And city manager,
one more question regarding that timeline. if it was 2018. Um, this was about the same time
as the conversation regarding baseball. Uh, can you address why baseball went forward but
nothing on the east side of the bank? Why that took precedence over the other when we have
been talking about a lot about the asset you just mentioned Bob Brown that was mentioned last
week also. Century 2 has been mentioned multiple times and then this facility right here. I guess
I want to help this community understand um that how decisions are made um when it comes to uh
focusing our efforts. Sure. I don't think it was ever considered an eitheror type of uh discussion.
I may get my dates off a little bit, but I think this is around the time of the discussion about
the riverfront master plan as well. And I believe that the discussion was what would you do to uh to
generate um activity on the east bank and that was um I I'm pretty sure that was the time frame
that uh uh that discussion started. So they weren't turning their back on the east side. I
think that there was an approach that would have um that was trying to provide a redevelopment
plan for that area. Thank you, Council Member Johnson. Thanks, Mayor. Just adding to that, um
2018 was a conversation. I know Mayor Longwell had a committee on Century 2 that was looking at
a potential reuse recommendation came to council at a workshop. I forget which date that was that
led into 2019's conversation of the riverfront development master plan. Um all of that community
engagement somewhere around 60 80 meetings in the community. um recommendations were coming back. So
after kind of no decision was made on Century 2, it was just kind of a placeholder until the
riverfront development master plan came through which was going to have a plan to either save
the structures or demolish or reuse in some way, shape or form and then COVID hit. So it
wasn't that it wasn't being considered. We were looking at both East and West Bank.
But then the riverfront plan, of course, everybody remembers what happened with that. Um,
but that it was going to be a part of that and that was kind of where it ended up and then after
that we were trying to figure out how to use the building since we kind of stopped moving forward
with that plan and leads up to today. Thank you and thank you Lindsay for addressing that there
have been multiple requests for ideas or proposals um regarding uh reusing or reactivating this
space. However, as you mentioned, um none of them were viable because it required capital. Um
and so this in particular is an opportunity to not just reuse the space, but more specifically just
the first floor for now so that it can generate revenue to then continue to make improvements
into this building. So again, it's just the first floor. Um and this has not gone out to request for
proposals. that this gets approved, it will then go out for a request for proposals uh for anyone
in the community that thinks that they can design uh this first floor. But in that scope, it will
also look into some of the water uh concerns uh as I'm hearing correctly regarding this uh proposal
as well. So I am very appreciative that within the last 7 months and you addressed that I had an
event there that would have been this state of the city address that I had on March 16th and in that
conversation I simply asked what can we do with this building. I gave an idea that did not come to
fruition but it got the conversation started but it also refocused the effort and that is what
I hope um we can glean from this when we have engagement from this community just like we did
this morning and afternoon this community comes up with really great ideas uh win-win solutions
for all and I think that this is an important um building and I'm very appreciative of
the individuals like Salvation Army that are uh going utilize it for um the holiday g giveaway
time uh this year. Uh but moving forward, this will become a space that can have revenue
generating that can then go back to renovating and keeping this building um into its civic use
again. So, thank you uh to the entire staff for coming up with ideas, entertaining um some of
these um requests for proposals and ideas from the community, but we didn't want the community
to think that they were not being heard. It was just capital dollars that would have renovated the
entire building we simply don't have. But for the first floor that can then generate revenue to then
continue to make improvements is the most viable solution. And so thank you again to staff. With
that, we'll open it up for public comment. I see none. I'll bring it back to the bench. I will move
that the city council approve the project budget, adopt the bonding resolution, and authorize
the necessary signatures. Second. Motion and a second. Any further discussion? I see
none. Madame clerk, please open the role. Motion passes. 70. Madame clerk, please call the next item. Agreements for 29th
and Grove Environmental Remediation Project. Uh good evening, mayor and council members, Gary
Jansen, public works and utilities. Uh I'm happy to be here tonight to talk about multiple elements
of an effort to provide groundwater remediation in the area of 29th and Grove. I've got uh
representatives here with me from Union Pacific as well as their engineering consultant, Arcadus. and
I'm going to introduce one of them here shortly to help walk through some of the critical components
of this project. Um what we're looking at tonight and asking for your approval on includes use
uh use of public rideway and public storm water management system agreements. These are in
place to allow for the remediation system to be constructed and also to help with cost recovery
on our end for maintaining our systems and staff time involved with that. Uh it also includes
lease agreements for use of public property in three locations which will be talked about
more within the uh presentation here shortly. Um and then we'll wrap all that together here at
the end and talk about what the timing of this looks like. Uh some quick background uh location
is generally near 29th and Grove in northeast Witchaw. Just some history. There was a chemical
spill discovered in the 1990s. Original owner was Missouri Pacific Railroad. the current owner being
the Union Pacific since 1982. Uh the TCE is the primary contaminant with other U VOCC's at lower
concentrations is what the focus of this effort is going to be with this remediation. The groundwater
plume is generally bounded by Minnesota Grove, Murdoch Streets, and Union Pacific Railroad to the
north. And and you'll see more of this as we go through here. Uh I'm actually going to introduce
William Simmel with Arcadus. He's going to walk you through uh really the what's happening with
this project, where it's happening at, how the remediation systems going to work, what's going
to be happening within the public right away, talk about some of the timing. I'll come
back then and talk about the agreements, financial considerations, all those things,
and talk about the timing of the project. So William is the principal environmental
engineer with Arcadus and the engineer of record for this project. I'm gonna let him
take you through the next handful of slides. Thanks, Gary. Hi, everyone. My name is William
Suml with Arcadus. Um, I'll first talk a little bit about the remedy that we're proposing to
continue at the site and then I'll talk about implementation of the remedy and how it pertains
to the agreements that Gary talked about at the beginning. Um, so there's been extensive soil
soil vapor and groundwater uh tests conducted at the site since 2000 under the supervision of
KDHE. Um, we've also done a lot of remediation at the project. There's a hydraulic containment
system located on Murdoch Avenue that's been in operation since 2009. There's also been insitu bio
remediation in the source area since 2018. Moving forward with KDH's approval, um, we are going to
add three new groundwater treatment systems. Two of them, we call them transexs BC and DE, and they
are dynamic groundwater recirculation systems. We essentially take ground water out of the ground.
We move it to a centralized treatment system. We treat it. A majority of that water gets reinjected
via injection wells and then the remaining water will get um put into the storm water sewer system.
The third system is an expansion of the existing system on Murdoch Avenue. We call it transct F.
Um we will be adding two extraction wells as part of that system. Um unlike the first two systems,
there's no reinction component. So all the treated water will be discharged into the stormwater
sewer system. When we implement this project, we're going to have three different treatment
system buildings. Um, similar to the photo at the top right, a little metal building. Um,
the diagram at the bottom right of the slide is a schematic of all the process equipment that
will be inside of these buildings. We'll have a fence around the system and then we'll have um a
conveyance line going from our extraction wells to our injection wells. And this will house water
conveyance lines, power and communication lines. If I use my mouse, can you guys see me move
my mouse around? Okay, so this is the site as Gary showed on the previous slide. So we
have our three systems. We have transsect BC, which is the top one, transsect DE, which
is the middle one, and then transsect F, which is the expansion of the existing hydraulic
containment system on Murdoch Avenue. So this is um it's flipped a little bit. So north is pointing
to the right. So this is the transect BC system. So you can see 21st here in um Opportunity Drive.
I'll break down kind of our features and how it pertains to the agreements that Gary discussed.
So, right here on Opportunity Drive, we have the um location of our treatment system building. This
will be covered under the lease agreement. All the colored um lines that you see going throughout the
page are our conveyance lines in the rightway. And this will be um the water conveyance lines, the
power and the communication lines. This will be handled under the right-of-way agreement. Um I
will note that there are two instances for this transct. Um there's a little strip mall here just
south of 21st Street and then the Boys and Girls Club on the north side of Opportunity Drive. We
have some infrastructure there um that we will be installing but it's not it's privately owned. So
Union Pacific will have a separate agreement with those two entities to get those work completed.
And then the third component of this is the storm water discharge. So the treated water um will go
into the storm water sewer connection existing manhole that's located just north of the system
on Opportunity Drive. For transect DE, it's a lot of the same. So, the white box you can see
here, just north of 13th uh street and by highway 135 is the location of our proposed treatment
system building. Again, the colored lines are our conveyance um lines that we'll be installing.
And then the storm water discharge location is um just to the west or east, sorry, of our treatment
system location on 13th Street. And then finally, we have transct F, which is located on Reddock
Avenue. This is an expansion of the existing hydraulic containment system that we have. We'll
be installing two extraction wells um towards the east. Um our current system actually is on the
north side of Murdoch, but we had a meeting with the board of park commissioners in April um to
relocate that system south of Murdoch on this parcel right here, which is actually owned by the
border of park commissioners, and they approved this sighting in that meeting. Um and then
similarly, we have our storm water discharge, which would be on the north side of Murdoch,
just north of the treatment system building. So I think if there's any
questions or Gary back to you maybe. Thank you, Williams. So I mentioned earlier
the two agreements that are in place that we're requesting approval of uh this evening. From a
financial considerations perspective, there's no direct cost responsibility for the city. However,
um, as with any other use of public rideway, uh, per code, there are fees associated
with that. Uh, you heard William talk about the discharge of the the treated groundwater
through our storm water system. Um, there's, uh, fees associated with that for
utilizing some of the capacity. Uh, also, if we look at the system could be in place
for 10 to 15 years, that will have an impact on our storm water system over time. So we have
uh cleaning and repair fees built into these agreements. So I think we're in a good place with
our overall cost recovery over the course of time. So the private use of public storm water
management system agreement is to govern the safe discharge of treated groundwater to the
public storm sewer, facilitate the lease of public property involved or remediation efforts which
William talked about the three locations including the one that was approved by the park board and
and ensure recovery of all public costs involved with administration oversight of the agreement
because we'll have staffing costs um throughout the period of time monitoring the discharge to
the system uh including the amounts The rideway use agreement that I mentioned is to authorize the
use of public rightway for installation, operation and maintenance of remediation infrastructure
involved in those same efforts and ensure require in place to mitigate uh increased flood risk.
So as the system is operating and taking up some capacity within our system, we want to be
very cognizant of what happens uh when we have if we have any large rain events. So we we've
got uh that in place that will be activated when needed if the system has to shut down and that's
what'll happen for the period of time it takes uh to evacuate storm water not cause any additional
issues. Um the law department has reviewed and approved the agreements asked to form. Uh the
agreements align with existing city code and regulatory requirements. William mentioned
this. KDH will oversee the remediation plan and compliance construction assuming your approval
this evening. Construction and remediation systems are projected to begin in the third quarter of
next year. Um I mentioned the I noticed that I didn't have a financial considerations part on
this par PowerPoint, but I kind of talked about all of that. there's no uh upfront direct costs.
We do feel good about the agreements that in place are for cost recovery over this full period of 10
to 15 years. This has been a considerable effort uh across multiple departments to get to this
point. So, I'm really happy to be here tonight to know that we're moving forward. We've worked
very closely with Council Member Johnson for some time now. Uh there's been multiple divisions
in public works and utilities involved. our uh multiple um parts of the city manager's office
including the office of project management uh and our real estate experts have been in this uh city
attorney's office has been involved. So it's been a real uh collaborative effort to get to this
point. So we're ready to move forward with that. Staff recommends city council approve the private
use of public storm water management system and rideway use agreements, lease agreements, and
authorize the necessary signatures. And we would be happy to stand for any questions. Thank
you, Council Member Johnson. Thanks, Mayor. Um, I can't say thank you enough to you, Gary, and
the team and Denise and legal and city manager's office, UP, and just working through all of this.
Arcadus. Um I am glad that we are here. I wish third quarter of 2026 was fourth quarter of 2025.
But um the only question I had I saw on that map, are we moving that facility from the north side
of Murdoch and Murdoch Park to the south side of Murdoch? Is that what I understood? Correct.
Okay. So that whole building will be taken down and that'll go back to just basically parkland.
That's correct. It's actually on um I think DOT K DOT land. Okay. But yes, it'll be it'll be
decommissioned after we build the other one across the street. Okay. Thank you, Council
Member Ho Heisel. Thank you, Mayor. Uh yeah, just a couple quick questions. One, um is there
any federal funding as part of this source? I know with the water center at Herman Hill Park,
for example, there was. But just kind of curious to make sure that we can count on the funding a
little over the difference here is this cost is all the responsibility of Union Pacific. Okay.
And there are no cost obligations for the city of Witchto. We chose to with the water center and
the remediation of the groundwater contamination. That was an agreement we had with the EPA that
we chose to take on that treatment ourselves. We're going to have oversight uh and monitoring
of a private system uh that the Union Pacific will have responsibility for through KDHE. Okay.
A second question. Uh these buildings are just going to be strictly for the infrastructure for
the project. Correct. Okay. Uh the last one real quick. Um you indicated 10 to 15 years. Is that
kind of the timeline we can think about as far as when the water source will be safe again? Yeah, I
think based on the what I've what I've heard from from Arcadus in particular on the the monitoring
now um the sampling the test results we've seen over the course of time. It makes sense with that
projection. So 10 to 15 years is what everybody's thinking at this point. Okay. Thank you. I see
no further questions for staff or Arcadus. We will now open it up for public comment. I
see no one from the public. We'll bring it back to the bench. Council member Johnson.
Thank you, Mayor. Um before I make a motion, I I just want to say I'm I'm really glad
to be here today. Uh, anybody who's been following this knows that one of the key things
I wanted to get done before I left this seat was to make sure that these remediation devices got
into the ground. We know it's at least a decade to clean that groundwater and that clock doesn't
start until these devices are in the ground. So, I'm I'm excited today that we are at that step
at least on our end to get hurdles cleared and agreements done to move forward with that. And I
am looking forward to third quarter of next year for those devices to get in the ground. One of the
most important things is getting the groundwater cleaned up and that way the community can feel
safe again with the concerns that they have and and knowing what's there. And this is just one
piece of every other effort. But today, this to me is the most important piece and that's making
sure that we can get those devices in the ground. So with that, I would move that the city council
approve the private use of public storm water management system and rightaway use agreements
and authorize the necessary signatures. Second. Motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 70. Madame
clerk, can you please call the last item 2026 cultural funding
operational grant recommendations? So sorryize second to last. Happy to be your
closer of new business today though. Uh Lindsay Banaka with the city manager's office here
for one of my favorite presentations to give each year which is the um recommendations of the
cultural funding committee for grant allocations for fiscal year 2026. A little bit of background
is uh the city's strategic plan was adopted last year uh in relationship to cultural arts. Um as
a reminder, our mission is to ensure everyone has equitable access to cultural arts opportunities
by activating and strengthen activating uh the creative potential of our community. Our vision
is that Witchaw is recognized as a community where artistic expression is an integral part of
the city's success, where arts thrive, and where cultural heritage is preserved and celebrated.
Within the strategic plan, there were two key areas that impacted uh tonight's action. Uh one
was to evaluate the cultural institution program to and assess it for accountability and community
impact. And then the the latter of which was to revamp the allocation structure of the cultural
funding program to support growth, creativity, and accountability. Uh so the recommendations
that you're going to hear tonight are a long time coming. Uh the plan was adopted in 2024, but we
spent several years in development of that plan, working with community partners, working
with longtime recipients of the program uh and prospective recipients of the program who
couldn't quite figure out how to navigate it. Uh so several years in the making to make the changes
uh for next fiscal year's grant allocations. Um, and the best person to describe those changes
is Jesse Koser, our cultural arts administrator who oversees a cultural funding program.
So, with that, I'll pass it over to him. Thank you, city council. Jesse Kosa, cultural
arts administrator with the Division of Arts and Cultural Services. Um, to continue the background,
uh, I wanted to walk you through the changes for this year. Uh the city has funded arts and
cultural organizations here in Witchah for a very long time. Uh about 20 years ago, an arts
task force recommended the city of Witchah start a competitive grant program and that put into
motion what we now now call our operational grant opportunity. Uh through these grant opportunities,
the cultural funding program provides support to local nonprofit arts and cultural organizations
and to our local individual artists, all of whom, I will quickly remind you, uh are small
businesses. These grant opportunities are overseen by the volunteer cultural funding
committee. There are 11 committee members, seven of them appointed by the mayor and city
council and uh the remaining four appointed by the arts council. The arts council also chooses
the chair of the committee. The committee reads every application for each of our opportunities
and after dozens of hours uh comes comes up with these recommendations that we're presenting to
you today. Part of that work is making sure the application continues to be in line with our
cultural plan. Uh our grant program is offered every year and historically applications are new
and competitive every year. Uh I want to point out very quickly that this most recent cycle had seven
people reviewing applications instead of 11 due to some uh vacancies on the board and an excused
absence. Uh so we're currently looking for three new members for the committee and applications
for that are online. Another quick note, there are many factors that go into these recommendations
and that's why they historically uh tend to shift from year to year. The funding pool changes as
the mill levy value changes though that can be consistent. Uh but we have seen an increase in the
number of applications. Uh historically we've seen 20 a year. Last year it was 39. This year it was
34 applications. So the number of applications continues to rise. The slices of pie shrink
every time we get new applications. Right? Uh the amounts those organizations qualify for also
change from year to year for various reasons. And we also have turnover on the committee.
So the scoring and that affects the awards uh tends to lead to adjustments in the awards.
So back in 2013, the city started offering three types of grants. Operational grants, artist access
grants, and developing arts grants. Operational grants were divided into three categories, small,
medium, and large. And those categories were based on budget size. And like most things, it worked
well uh for its time, but it needs some adjustment to meet the moment today. uh we started looking
at the program in earnest about a year after I started uh making some of the changes uh meaning
that some of the changes you're seeing today have been discussed for well over two years. Um and if
I can very quickly soon after I started uh Lindsay gave me a sheet that listed uh major initiatives
for the division of arts and cultural services. There were 30 major initiatives. If you know
Lindsay, that's about a tenth of what she wants to do. Um, and uh, cultural plan was number one.
1C was revamping the cultural funding program. So, I've been here a little over three and a half
years. We've been working on it for that long. Um, so our new plan divides our grants into two
categories. Operational grants, which I'll get back to in just a moment, and activation
grants. Now, activation comes from that mission that Lindsay just read to activate and strengthen
Witchah's creative potential. The activation grant combines two of our older opportunities,
artist access and developing arts. These uh provided capacity building or professional
development funding for individual artists and local organizations respectively. Uh and the
activation grant will do the same thing, but it also provides programmatic funding for artists or
organizations with good ideas. You might remember last year we had the Arts Thrive grant. Uh we've
seen two of those three projects already happen. The third one's going to happen in early 2026.
Uh, and this is a continuation of that spirit. So, we've got this new grant that does essentially
four things. Uh, capacity building or programmatic funding for individuals or organizations. Uh,
for capacity building for, excuse me, capacity building for individual artists um, who serve
our residents could be professional development or skill building opportunities like workshops,
conferences, website development, anything that helps them advance as a working artist. uh for
organizations capacity building might look like strategic planning, audits, board development
and so on. And like I said, it can also help fund art and that again is either for individuals
or organizations and that can be things like public art, exhibitions, films, performances so
long as that work serves Witchah's residents. Uh just a couple more details and I'll move on to
the operational grant c category uh opportunity because the activation grant has a wide variety of
things it can do. The potential ask is also very wide anywhere from $500 to $10,000 and that's
again all the way from artist access to arts thrive. Um I'm happy to say that the applications
for the uh activation grant are open right now. Uh if you're watching online, kudos to you
for your stamina. Uh, and you can just open a new tab and go to witchah.submittable.com to
apply. Uh, they close at 11:59 p.m. on Monday, November 3rd. Uh, I did record an information
session for anyone who wants more info and you can find that on the city's YouTube channel. Again, I
recommend you check out witchah.submittable.com. So uh our new operational grant uh program like
the old version this new plan uh divides our organizations into three tiers but instead of your
budget size now it's about your organization's experience both on your own and uh with the city.
It gives us the ability to develop a relationship and build trust with these organizations. Uh, I
want to note what I'm about to describe is for an organization with no uh, history of city funding.
We've got a few dozen uh, organizations that have experience with us already. So, we're dealing with
how that grandfathered experience uh, is going to work. Organizations that are coming in new to the
opportunity started our base tier. We call those recipients our cultural partners. This tier works
a lot like the previous system. You have to be a 501c3. You have to be around for at least two
years and you apply for funding every year. And just like every other tier, you have to hit your
performance measures to continue to be considered for funding. The funding you can request is based
on your uh your organization's budget and it's capped at $15,000. The new part is this. Once the
organization is at least 10 years old and once it's received funding from the city for at least
five of those 10 years, they can apply to move up a tier. If accepted, they will become a cultural
anchor. Uh and you'll see in a moment from Lindsay that the cultural funding committee has
recommended almost 60% of this year's applicants be placed into the cultural partner tier. Again,
because of that grandfathered experience, that's not meant to suggest that those organizations will
have to wait five years to move up to the anchor tier. Uh it's uh a lot of things we're trying to
grandfather in on a case-byase basis. Uh I will confirm though that any organization moving
to a new tier will at least meet the minimum requirements for that level. So cultural anchors,
this is our middle tier. Uh, as it says in the top, these are organizations that have served our
residents for at least 10 years and have received funding for five of the last 10 years. Uh, there's
some grace there because we know capacity can be an issue for new or small organizations. Sometimes
you just don't have the time to fill out a grant application. What makes this tier special is
that anchors receive three-year contracts from the city and their funding is consistent across
those three years. That funding is based on a percentage of their budgets. again capped at
$35,000 which they will receive so long as they continue to meet those performance measures.
When that three-year contract ends, they can apply for another one. Uh to be clear, anchors
will give us annual reports every year and they will apply for funding every three years. So there
are lots of opportunities for us to check in and course correct as necessary. After three of those
contracts or nine years total, uh they can apply for our final tier, our top tier, which we're
calling cultural institutions. Uh if approved, and I want to point out there is a budget minimum.
They have to have a budget of at least $500,000 to move up into that cultural institution tier. Uh
they will have a year tacked on to their final anchor contract, making it 10 years that they've
been a cultural anchor. And then following that, they will move up into that cultural institution
status. So, cultural institutions, which is a term we already use, but we're co-opting it. Uh, they
are again 501c3 nonprofit organizations that have served our residents for at least 20 years, and
they've received funding from the city of Witchah for at least 15 years, preferably 15 consecutive
years, and have budgets of at least $500,000. Once accepted, organizations do not need to reapply
for funding so long as they continue to meet those annual performance measures. We do have several
uh oversight and cancellation opportunities built into those contracts. So, if something were to go
wrong, worst case scenario, we're not stuck with these contracts forever. Obviously, we hope to
never have to use those things. Our goal is always to make sure that our institutions are healthy and
around to serve multiple future generations. And I don't want to suggest that we have any concerns
about the organizations being recommended for cultural institution status today. They are like
you would hopefully expect trusted with long traditions of successful use of city funding. Um,
you'll see these terms come up in a little bit, but informally we refer to these uh these cultural
institutions as new cultural institutions and our existing ones as legacy cultural institutions.
So to very briefly recap, we've got our base tier cultural partner at least two years old.
Cultural anchor at least 10 years old with five years of city funding. Cultural institution at
least 20 years old with uh hopefully 15 years of consecutive city funding. Tier shifts don't happen
automatically. An organization must be accepted must apply for and be accepted into that tier.
and they can be relegated down a tier or out of the program entirely if they're not consistently
hitting a majority of their performance measures. Uh so the application the application has three
specific connections to the cultural plan uh including increasing by 10% per year in each
zip code the number of underserved residents who access arts and cultural opportunities
establishing Witchah as a regional hub for cultural arts and partnering with organizations
to increase the number of paid professional opportunities for artists and art organizations
in the community. Uh the application itself has several narrative questions and asks for a lot of
data including audience and impact data, board and staff info and financial information. It is a lot
that we ask of our applicants, but we do view it as a capacity building exercise. Um we are trying
to help them know what information to gather, help them gather the information, and to be able to
make the argument for the work that they're doing. Uh it's uh smaller text there uh in the middle,
but you can see under uh objective 1.1 the zip codes that staff have gathered. Um we did
gather baseline data from our organizations and identified uh a few zip codes that we're trying
to target. Our current funding recipients are required to track uh zip code data in 2025 and
we have been slowly directing their attention to these uh identified zip codes for 2026. Uh we
don't know yet what kind of movement we're going to see. Again, this is we're in year two of this
data. Uh but we have been raising awareness that these areas need some extra attention. Uh those
zip codes for those of you who can't see them are 67210, 67211, 213, 214, and 67217. Uh one
other thing I'd like to highlight is objective 4.1 partnering. The cultural funding committee
is very big on partnering on collaboration. Uh, and I will say that partnerships among our grant
recipients have continued to bloom in the past few years. They know how important it is. They
know how important it is to us. They know how important it is in general. Um, and one that
came up a lot uh this past grant cycle was um organizations partnering with a group called Music
Youth Partnership. If you don't know Music Youth Partnership, they help get instruments into
the hands of underserved students uh and they provide professional musician mentors for those
students. And so several of our local nonprofit musicoriented groups have been either donating
their time as mentors or donating instruments to eventually make their way to those students.
I've got one more slide for you and I'll give it back to Lindsay. Um just our timeline very quick
uh to remind you discussions around these changes have been happening for a little over two years.
Um and we started open openly working uh on the specifics with the cultural funding committee
in March. Uh we opened applications in May and we closed them in August. Uh staff were available
to help applicants make sure their applications were complete during that time. Uh and we did work
with several of them to make sure that nothing was missing. After closing, the committee uh started
reading the applications and prepared questions for the Q&A, which is a 15-minute slot where the
committee just asks clarifying questions of the applicant. Uh and that was held on September 18th.
Deliberations began thereafter and culminated a week later on September 25th. Overall, committee
members averaged about 42 hours of volunteer time each uh for this one grant opportunity. Uh and we
do hold multiple of them per year. Uh it breaks down to about 10 hours of strategic work sessions
to help adjust the program and build out the application, 16 hours to review the submissions,
nine hours in the Q&A session, and seven hours deliberating the final recommendations. So, we
also know what it is to have an extremely long meeting. Um, so sympathies. Um, we're very
thankful to chairperson Dominic Ghana and every member of the cultural funding committee
for their incredible work and their effort in making this program successful. Um, continuing on
the timeline, we are seeking your approval today and should we get that approval, contracts will go
out in November. Uh funding will be available on January 30th and we will be performing site visits
in Q1 and Q2 of 2026 and final annual reports will be due by January 30th, 2027. And that's what we
use to track their performance measures. So, uh at this time, I'd like to pass it back to Lindsay for
the rest of the presentation. Thank you very much. All right, we're getting there. uh some general
feedback that we received from both applicants and committee throughout the the program we thought
was important to share with you all tonight and um definitely share with the community as well.
Um throughout all of the application process, especially this year in particular, uh a lot
of applicants and local nonprofits are really concerned about unstable public funding. Uh so
we're exceptionally proud to bring this program to you tonight because this is one of the uh
very relied upon uh funding opportunities here at the local level. I do want to highlight two of
these concerns at the state level. One being the sunflower summer program, uh, which I'm sure
you're all aware of and have all been great advocates for over these last few years, but
uh, when the state cut that program in half or the funding was cut in half for this summer, it
had a really big impact here in Witchaw, which makes up the lion share of the attractions in the
state. Um similarly, the Kansas Arts Commission, which is our state counterpart or our state
arts agency, um we received some interesting legislation in state budgeting this year, uh which
the the state legislature put a 6040 clause on, um the state's comparative operational
grant program. And that 6040 clause required uh that all 60% of funding for operational grant
support goes to counties with a population of 80,000 and below which disproportionately impacted
Cedric County organizations and ultimately Cedric County residents. So because Cedric County
has the most arts organizations in the state now were competing for the least amount of money
available. a lot of local arts organizations who have been longtime recipients of state funding
saw dramatic decreases in their funding uh for operational grants as well. So, that's something
that we're keeping an eye on at the state level. U but those two programs in particular are big
lifelines for for our local arts organizations um that have been particularly unstable in this
current fiscal year uh that we're really concerned about as we move forward. Obviously, the federal
government is making lots of changes right now. So there's some additional concerns happening at
the at a variety of those levels including the uh agencies that are listed here. Additionally,
like note, all sectors are facing cost of goods and services continue to rise despite our budget
uh for this program is not rising at the same rate. Um the need for performing arts venues
continues to rise both rehearsal and performance spaces. And something that we really wanted to
highlight, especially if anyone's still listening, is the need for board development and board
members. and all local nonprofits rely so heavily on volunteer support. And all of our applicants
and recommended uh funding recipients tonight are in in the need of more volunteers to help execute
their missions. Um all of this to to bring to the attention that many of these organizations
provide a lot of lowcost and free programming throughout the community. Several applicants um
indicated that they might not be able to offer those free programs or as many programs as they
have in the past because of all these funding concerns and their general operational needs.
Moving into the operational grant background, I won't belver this slide too much. Happy
to go into detail uh in Q&A if it comes up, but just so you can see the growth and changes in
the program over the last few years. uh because of the strategic changes made this year, uh we have
what we think is more reasonable requested funding level that's a little bit more comparative to
the amount we actually have to give out. Um but so we've we've adjusted uh instead of asking
applicants to tell us how much they're requesting uh because they would request way more than
we would ever potentially be able to award. Uh we we've kind of capped it out what their
eligible ask could be based on the tiers that Jesse described. Why do we do this? I would
be remiss if I didn't include the arts and e economic prosperity slide. Uh the nonprofit arts
sector in Witchaw in 2022, so it's the data is even a little bit outdated, is $185 million uh
industry of which uh the allocation of about $500,000 being recommended tonight is about 1.5%
of the total operating costs of our local arts nonprofits. Jesse mentioned our legacy cultural
institutions. So here's that list. These are organizations that are not eligible to apply for
the funding uh because they're grandfathered in uh to a long-standing relationship with the city.
That being said, all of these organizations have various levels of contracting with us and all
have the comparative performance measures that uh all cultural funding applicants re receive.
Um as applications or as uhus and operating agreements with these organizations
come up for renewal, we're updating um their performance measures to make sure that
they're in line with the strategic plan as well. So the recommendations from the cultural funding
committee um they awarded or are recommending awarding 31 applicants out of uh 34 received
applications uh with the remaining funding for the activation grant applica opportunity.
Uh, of that $175,000 to cultural institutions, $176,000 to cultural anchors, $146,500 to
cultural partners with 55,000 in change going to the activation grant opportunity.
So, here are the five organizations that the uh committee is recommending putting into that
cultural institution uh category and with a recommended funding level of $35,000.
Arts Partners, Music Theater Witchaw, Exploration Place, Witchaw Symphony, and the
Olrich Museum of Art at WSU. For cultural anchors, here's the list of uh recommended organizations.
There are eight here. Again, these are the ones that would receive three-year contracts with
equivalent funding. And 18 organizations have been recommended for uh cultural partnership
funding recommendations. I do want to note that we had two first-time application applicants
and um recommended funding opportunities here. Malberry Art Gallery and Great Plains Nature
Museum or Great Plains Transportation Museum, excuse me, are two first-time applicants who are
being recommended for funding. And with that, uh for financial considerations, the estimated
amount uh to be allocated for the program uh is $553,190 uh based on the anticipated
mill levy results. That number does change a little bit as we confirm the mill levy uh
in the next month or two. The committee's recommendations are aligned with that budgeted
amount and we'll be back in December with a uh recommendation for those activation grants
and and the allocation of that of those funds. The law department has reviewed the contract
templates as to form and staff recommend approving the 2026 cultural funding program operating
grant awards as recommended by the cultural funding committee and authorized the necessary
signatures. And with that, I would love to take a point of personal privilege to echo what Jesse
said to thank our committee and our applicants for sticking with us over the last few years as we
made these changes. And Dominic is still in the room. He's been here all day, our our chair of the
cultural funding committee. So, shout out to him. And I believe we still have uh some some of our
grant recipients or grant applicants are in the room tonight. I know there are several more
that wanted to be here today who I believe have already reached out to you. This program is
incredibly important to our local arts community. And with that, I'm available for questions as is
Jesse and Dominic. Thank you, Lindsay, Jessie, and Dom. Council member Hohheisle. Thank you,
Mayor. Uh thank you, Lindsay, and everybody for your work on this. Shout out to my appointee.
He's been suffering through us all day with us. Um yeah. Um another district three appointee who
is chair of the committee. So I may have the most um on council here. Challenge. We'll have to look
that one up. Um I do ask this I think every year. Um the ones who miss the cut. Um do we reach out
and give them advice? Give them um here's maybe where you fell short. um how do we reach out
and engage those people? Yeah, great question and something that we were really strategic with
this year, especially with the activation grant. Um so there were three organizations that were not
recommended for funding and the committee was very clear that they wanted to see them apply for the
activation grant. Um so Jesse's already reached out to them to let them know that they were not
recommended with a handful of reasons and has offered to meet with them and encourage them to
apply for that activation grant. Um we definitely treat every organization a little bit different
because they all are very different. Um but we have an open line of communication with all of the
applicants to help guide them through the process. But the organizations who are not recommended for
funding um we've already pointed put a touch point with uh to make sure that they know about this
next grant application opportunity. And with that we provide feedback to all applicants
um which you can see in your agenda packet of uh bullet points of areas for opportunity or
areas for improvement or areas uh to highlight success of the organization that the committee
provides to each applicant. So, we have a really good report. We believe we have a really good
report with all the applicants. Okay. Thank you, Council Member Johnson. Thanks, Mayor Lindsay,
Jesse, Dom. Appreciate all your work uh on this. I like the new direction. Also wanted to mention,
Jesse, nice frame. So, I like those. Um, but I I really appreciate this direction that you're
going. Um, it looks good all the thoughtfulness and effort that you all put into it. So, I
appreciate it and definitely am supportive of it. I have several questions. Sorry,
Lindsay. Um, I first and foremost, thank you for the new process. I think it is
very um transparent. It also um provides more uh parameters that are more realistic. I know
that last year the over $1 million ask and then really we didn't have a million dollars and so the
expectation was just not there. Um and so I'm glad that it is now much more realistic on what the
dollar amounts are available. However, I did look at those dollar amounts. So last year uh $510,000
roughly for 39 organizations. Is that accurate? Um, let me pull up this slide again if this is
what you're referencing. This one about 495,000 I believe 510 included included the artist
access grant equivalent but so that yes that was the total funding pool and last year I know
that um several of the institution organizations um received more than what they're getting this
year. Um I wanted to hear the feedback from those uh institutions. What have you heard? Because
now it is capped at 35,000. Um I know that music theater last year received 40,500 but now
we're recommending 35,000 since that's the cap for institutions. How will this impact them? Sure.
Great question. Thank you for bringing it up. Um this is the tricky part of this program every year
is figuring out um how to set clear expectations um without utilizing too much historical data
for all the reasons that Jesse indicated that the program is new and fresh each year. What we
have heard from institutions and all organizations is that sustainable funding models are really more
helpful than anything. So while organizations can uh receive a big swing in uh funding allocations
year-to-year just depending on the funding pool available, how many applicants there were, who
was on the committee, how they wrote their grant application, uh knowing how much funding
you're going to get as an organization, uh in this case for institutions potentially
in perpetuity is much more stable than uh seven to$10,000 here or there. They don't have
to apply for the grant anymore. um they just they still have to uh do their performance measures,
but the the staff burden that this takes off the organizations to to apply for from what we've
heard from institutions in particular is worth it. So they know what they're getting, they can budget
it in. Um that that stability is worth more than anything. Follow-up question to that institution
um conversation. So uh a large majority of these institutions have gotten a score that is the
highest numbers um compared to partners and anchor organizations. Um was there ever a consideration
amongst the board regarding the highest scores and how you would uh reward I guess high scoring.
Um I see that highest scoring is exploration plates followed by Witchaw Symphony Orchestra.
Was there ever a consideration of if you got a very high score you would be rewarded also? Great
question. So yes in the institution category they were all award recommended for the same amount of
funding just to kind of set that stable amount. But what you'll see is in the anchor and partner
categories uh is the the highest scoring applicant isn't always the highest uh recommended
funding because of the eligible ask. So we still take in consideration the budget size and
the organizational size um and their capacity to receive funding. So um the highest score doesn't
always indicate the highest allocation. However, it should be comparative um within their eligible
funding recommended amount. Does that make sense? Okay. And then I know that um an institution
obviously Arts Partners is an institution they're getting 35,000 but Arts Council is actually uh
one of the other organizations that is not even part of this conversation. However, how do you do
how do you make sure that people are organizations are not overlapping um in terms of services
provided? Uh that's an interesting question. Um, we definitely have some organizations that provide
comparable services or comparable programming. Um, we have several dance organizations. In the
Q&A this year, uh, that was one question that the committee asked all the applicants like what
differentiates you from this other comparative organization and all applicants had an incredible
response to that. Uh, that our community is quite large. Um, and all of these organizations
serve their different pocket of the community in different ways. So, that's kind of how the
committee approaches that. um really looking at a universal approach to who's impacting uh the
the greatest good in the community. So we have two different a two-prong approach of funding
deeply and funding broadly. So deeply within um a financial structure but and broadly within
community impact. So although there might be some like-minded uh services um that's not necessarily
taken into consideration of we're only looking to fund one dance or one music organization because
fundamentally they can operate quite differently. So, I'm going to go back to the um performance of
the scoring system and maybe Dom was about to come forward regarding this, but I know that obviously
when it comes to an anchor institution, the highest scores were Mark Arts and Harvester Arts.
They both got the highest amount, $30,000. When it came to partner organizations, the two highest
scoring were Oreium The Orium Performing Arts Center and Witchaw Grand Opera. and they got the
highest amount. But when it came to institution, and this is where I'm going to push back just a
little bit because again, the highest scoring out of all of these applicants is exploration place.
And so I wanted to make sure that you're rewarding um obviously results, you're rewarding um
rewarding organizations that are performing at a stellar um pace or a stellar scoring. No,
we have this discussion every year. One of the challenges was great thing that staff created this
new programming was organizations like Exploration Place MTW have the resources and the grant writing
experience. We're not looking at the level of work that we see they do in the community. We're basing
this operational grant on the proposal they've provided at that year. So those scores vary from
year to year, but we're looking at what they have out there. Traditionally exploration place would a
and our old funding model is a percentage of what they were asking for where we're getting there.
We're trying to create some equity during the cultural planning process. If you remember the
arts council had these little meeting sessions to review. What they mentioned earlier was these
organizations said this extended funding model would be much more appreciated. So they know what
they're going to get as opposed to asking for say $120,000 and we only provide them 50. But then
the next year we provide them 25 and all these scores out there. I do feel as an organization
and as a committee we are trying to fund these ex exceptional organizations like the top five we
have out there. They are extremely deserving. They would receive money. Unfortunately, there is no
guarantee based on everyone in that group with the 7 to 11 bodies coming to agreement on what that
funding level is. One of the things we've done a very good job over the last two to three years is
making sure that we have unanimous approval of the plan we're presenting to you. And there were years
early on I voted against I didn't agree with the funding levels some organizations were getting
because I didn't believe they met the metrics that I had laid out for them. Um so I understand
where you what you're asking. We don't have the money and you're not going to give us more money
to fund these arts organizations. This is the most equitable and fair mindset from everyone involved
from the committee with the challenges we had um from an arts plan that wasn't functioning to our
needs to the needs of these arts organizations. Um I believe there may even be did we get what who
did MTW send an email that was going to be here? Yeah. Even expressing how appreciative they are
of this new funding model. Again, I cannot go more or say more about the work Jesse did to get the
input of all the stakeholders because for when I was came on the committee in 2020 about two weeks
before the actual grant process and what Jesse's done, this plan we feel meets everyone's needs
and funds these organizations, exploration place, music, theater, arts partners to the level that we
think this city can give them. and provide success for everyone here. Thank you, Dom, and thank you
to the committee. Um, I will just again put it for the record that I I see that the highest score
literally out of all of these is 95.7 and that's exploration place. And I want to make sure that
we are always being mindful that if people are performing or organizations are performing at a
stellar mark that they get compensated that way. and and I understand that all institutions got the
same amount 35,000 um but if there would have been for the most exceptional I mean some amount that
is a very challenging thing because the resources they have present the scoring system out there
with an application they have the resources that arch partners doesn't have so it's really it's
harder to say that this score is again we're judging it based on the evidence provided for
this year and what they have with the numbers how well it's written because it's it's kind of
challenging to kind of say I'm going to give an example of Juniper Arts and Exploration Place. The
level of staffing and knowledge they have to ask for fund and where they are is night and day. And
if we're looking at these applications and judging what's in front of us, it's hard to say this is
just a score based on 7 to 11 people's personal scoring system. And that number changes from year
to year based on who's on that committee. I try to keep the same system in place since I've come on.
But it's hard. It is hard. Like I know the work that these groups do. I've now for most of the
organizations on this list, I've actually seen the work they do. But we don't want to think
about that. We need to look at it purely from the level of what they're performing from dollars
and cents levels. There's two organizations which applied for institutions which didn't meet the
criteria we fit we felt needed at this time. So we are providing the resource and the opportunity
for them to move up. And again, we use those based on the scorings we have on that system, too,
because those organizations don't fit in within the same scoring levels as the other organizations
on there. I understand what you say. We go through this every year. It's been a major challenge for
us and this there's no perfect system. This is the best that we have and I'm confident with it with
where we are. Thank you, Dom. Vice Mayor Johnston. Thank you, Mayor. I would say I really like the
system. I think the the three years and know what your funding is and not having to go through a
process every year. So I I really do like it and I appreciate all the work you've done with it.
So thank you. Last question
[TRANSCRIPT TRUNCATED DUE TO EXCESSIVE LENGTH TO PREVENT PROCESSING COSTS]