e e e e e e e e e e e e e e [Music] [Music] [Music] [Music] welcome to City Hall and good morning witch  we'll call this meeting to order with us today   is Reverend Ben Staley of Chapel Hill United  Methodist Church to provide our invocation   following that invocation we will have the pledge  of Allegiance and we ask that you please stand for both let's all pray together oh Lord today we  come recognizing the way that you have blessed   our lives and our families and this city with your  care and the hope that is ours you've also blessed   our community in ways that we give you thanks for  the good people our neighbors and especially our   leaders today thank you for these council members  who lead us guide them in all their decisions give   them and all of us here today wisdom and moral  courage to do what's best according to your plan   for this community we know that your continued  blessing depends on our faith and and you and   how we also treat one another and how we make  you Lord overall guide us today in these times   as we come together to make decisions in ways  that lead lead us into the future to compassion   Integrity peace and prosperity for all from the  greatest to the least in jesus' name we pray amen amen I Al to the flag the United States  of America and to the for it stands one   nation God indivisible with liy and justice for all thank you very much Reverend Madam  clerk please call the first item approve   the minutes of the regular meeting  of August 27th 2024 are there any corrections I see none I move to approve the  minutes for August 2 27th 2024 second motion   and a second any further discussion I  see none Madame clerk please open the rooll motion passes 70 Madam clerk  please call the next item Awards   and proclamations today for proclamations  we have hunger action month flood Cancer   Awareness Month National Recovery month  and for awards we have the water taste   test award thank you can we please ask  the Kansas food bank to come forward the proclamation reads the city of witto Kansas  founded in 1870 whereas hunger remains an urgent   issue affecting numerous individuals and  families within our community with one   in nine Kansas children in SED County being food  insecure whereas addressing hunger and promoting   food insecurity is a vital priority that requires  Collective efforts from all sectors of society by   working collaboratively we can make significant  strides in reducing food insecurity and ensuring   that our neighbors do not go hungry September  has been designated as hunger action month by   feeding America the nation's largest hunger  relief organization with 200 plus Network   Partners across the United States this month  represents an overtune time to raise awareness   about the persistent challenges faced by those  experiencing hunger and to encourage individuals   organizations and businesses alike to take  action now therefore be it resolved that I   Lily woo mayor of the city of witchta Kansas  along with the witchta city council do hereby   proclaim the week of September 2024 as hunger  action month in the city of which time encourage   all citizens to support the Kansas food bank  and its 700 Partners providing enough food for   over 13 million meals our food and secure  Neighbors in Witchita and across 85 Kansas counties thank thank you mayor and Council um  for having us here today hunger awareness day   is exactly what it says it's a time to raise  awareness around hunger um everybody thinks we   see hunger every day and we do um but there's  lots of hunger that's hidden that we don't see   could be your child your grandchild's uh friend at  school it could be your neighbor down the street   um hunger is not something that people like to  talk about that they're hungry you just don't   hear it but is an issue that's ever growing in  our city and our state um I would say the the   Kansas food bank is celebrating 40 years old  this year so we've been fighting hunger a long   time we're not always the glitzy one or the the  sh one we're the ones behind the scenes uh on   the ground making sure our hungry neighbors get  the food um that they need so please um support   our work this year volunteer whether that's with  us or other hunger relief organization because   boots on the ground is the only way we're  going to solve hunger thank you [Applause] again thank you to the Kansas food bank  and uh we appreciate everything that you   do for our community may I please invite up  the Leukemia and Lymphoma Society members ver the proclamation reads the city of wiah Kansas  founded in 1870 whereas an estimated more than 1.5   million people in the US are either living with  or in remission from Leukemia Lymphoma and Myoma   every 180 seconds someone in the US is diagnosed  with blood cancer blood cancer patients and their   families need help more than ever the Leukemia  Lymphoma Society exists to find cures and ensure   access to treatments for blood cancer patients LLS  enhance efforts to expand Equitable access to care   including clinical trials for all blood cancer  patients making inroads in communities that have   been traditionally overlooked the city of witcha  is committed to the erad eradication of blood   cancer and supports the treatment of patients  and their families encouraging efforts to enhance   research funding and education programs that are  saving lives now therefore be it resolved that I   Lily woo mayor of the city of Witchita Kansas  along with the Witchita city council do hereby   Proclaim September 2024 as blood cancer awareness  month in the city of Witchita and encourage all   citizens to support research to find cures  and LLS vital work helping patients access   life-saving care make an impact and volunteer  or donate to LLS directly help blood patients [Applause] now I just want to thank  May woo and the city council for the   proclamation today to help us raise awareness  for blood cancers as there is no opportunity to   uh know in advance that you are going to be  one that is um affected by a blood cancer um   here in the state of Kansas uh the Leukemia  and Lymphoma Society gives nearly $3 million   in either urgent care or co-p paid to canons  for their treatment and so I just strongly   encourage everyone um over these next few  months uh to join with us uh to help raise   awareness and also if you have anybody that has  a blood answer to come to LLS to give us a call   so we can help those individuals financially  or through patient uh support in other ways   thank you so much and help us to spread the word  about uh the blood cancers out there thank you may I please ask the group of mirror  ink to come forward at this time the proclamation reads the city of wiah Kansas  founded in 1870 whereas the impact of mental and   substance use disorders including co-occurring  disorders are apparent in our local community   and over 500,000 people in Cedric County County  through recovery month people become more aware   and able to recognize the signs of mental and  substance use disorders this encourages people   in need of treatment and Recovery Services  to seek help managing the effects of these   conditions helps individuals achieve Healthy  Lifestyles both physically and emotionally   the recovery month observance continues to  work to improve the lives of those affected   by mental and substance use disorders and  Co curring disorders by raising awareness   of these disorders and educating communities  about the effective treatment and Recovery   Services that are available now therefore  be it resolved that I Lily woo mayor of   the city of Witchita Kansas along with the  Witchita city council to hereby proclaim the   month of September 2024 as recovery month  in the city of Witchita and call upon our   community to observe this month with compelling  programs and events that support this year's [Applause] observance good morning lost among the  headlines of opioid addiction and overdose deaths   are the many quiet stories of recovery there  are 22.3 million people in the US who are in   recovery from opioid alcohol or other substance  use disorders that is 9% of the population   according to the Landmark National Recovery stud  80% of people who had overcome an alcohol or   other drug problem accomplished at least one major  achievement associated with self-improvement and   family engagement since overcoming a substance  use problem things such like getting a job   completing a University degree or volunteering  addiction is a highly treatable disorder from   which the majority of people eventually recover  in the words of David Eddie and John Kelly it's   time we provided individuals with the resources  they need to rebuild their lives in addiction   recovery rather than erecting or maintaining  barriers to their success we are proud to join   wiah mayor Lily woo and our Community Partners  from Valley Hope and B Air recovery center to   recognize September as recovery month the theme  for Recovery month is recovery is for everyone   every person every family every community and it  reminds people in recovery and those who support   them that recovery belongs to all of us we are  called to end gatekeeping and welcome everyone   to recovery by lowering barriers to recovery  support creating inclusive spaces and programs   and broadening our understanding of what recovery  means for people with different experiences   prevention Works treatment is effective and  people can and do recover thank you [Applause] may please invite up council member Tuttle to  the podium as Jamie the clerk reads the next award water test award good morning council member Johnson and  I have the honor of serving on the Waterworks   steering committee and we felt that we would like  to take this opportunity to make the community   aware of an important award that the city witw  just received the city was honored with the water   taste contest at the Kansas water environment  annual conference that was in town last week   this was the first time that the city of witta  has received this award since 2009 the contest   judges this is a very formal process are given  samples of water from um competing utilities   glasses of unlabeled water are served at room  temperature because apparently if it's chilled   or has ice it can alter the flavor perceptions  judges are then instructed to sniff sip slurp   Swish and swallow and I mean that which gives  them a broad sense of each flavor properties   Aroma and mouth feel these these samples are then  rated based on aesthetic preferences Witchita took   home this year's award and it's a small Testament  to the work of our staff who works tirelessly to   deliver water that is safe reliable and tasty to  all of our residents water is the most precious   res resource among the many services that the  city of Witchita provides to our community 177%   of canons received their water from the city  of Witchita that's one in six kons I am happy   to invite Gary Jansen and some of his staff  to say a few words and then we're going to do   something special so Gary please join us thank you  council member tutle and good morning so I want to   be very clear up front I take no credit for this  but we have some very talented hardworking staff   that I do want to recognize today because I know  this really means a lot to them uh council member   Tuttle mentioned it's been since 2009 since we won  this award it's really stiff competition there's a   lot of municipalities that are part of this every  single year and I know they all take pride in in   going through this each year so with me today  is Logan Walker plant treatment plant manager   Adam M Glory who is our operator in charge uh  there are just a few of our our tremendously   talented staff we have almost 60 um staff within  our production and pumping group across numerous   operations including those who help provide the  raw water from several different sources uh at   the treatment plan itself lab staff a variety of  operations to make this happen every day we also   have over 100 staff in our water distribution  group because once that water is treated we've   also got to make sure it gets safely to the tap um  which is a critical component in in making all of   this happen again every day all of these folks  under the direction of Don Henry our assistant   director take tremendous pride in their mission to  provide safe and quality as well as great tasting   water to one in six canons as council member  Tuttle mentioned so uh I just want to say again   this doesn't happen um with a lot going on behind  the scenes some very hardworking and talented   people that that do this every single day uh and  they really it really means a lot to them to have   this award be presented of the city of witto this  year the Kansas water environment Association will   be back at some point in time to present the  actual trophy uh we've got some other people   that we'd like to have involved at that time so  I just like to say thanks I do want to thank our   staff especially for everything that they do  uh and we're happy to have received this this award all right now for the fun stuff  and I would be remiss if I didn't thank   Communications for making this happen um I'd  invite my fellow council members and some of   our staff here today we actually  have glasses of our great tasting   water and we are going to do a toast to  congratulate and to thanks C Wich staff so cheers to City of witcho Public Works  staff [Applause] congratulations and on   a final note we encourage everyone to drink  lots of our great tasting water but please   continue to water outside only one time a  week thank you very much have a great day Madam clerk please call the next item mayor the  next item is the public agenda but we had no one   sign up for it so um if you wanted to open it  that is up to you we made a change two weeks   ago where public agenda would allow anyone in  the audience to speak if you are here and an   item is not up for discussion uh this is again an  opportunity for anyone who's here to address the council good morning mayor good morning Council  my name is Twila Purity I live in Polo Club um I   wasn't really prepared today but since we just did  the water thing I wanted to share some comments   and observations um that I learned a few couple  months ago maybe at our district one breakfast   Gary Jansen came and did a presentation to us  and I learned a lot I think one of the things   that was most compelling is with this new water  treatment plant we can the the city is poised to   treat water beyond our current capacity and even  I learned to accommodate High Water Industries   so we could attract those to the city but then  you balance that with the actual resource itself   which is um declining currently and we learned  during that presentation that going forward I me   it looks like we're going to be in a drought for  a while so how do we balance this we can we have   the capacity to process lots of water but we don't  have lots of natural resource of water and I was   thinking about that and then another topic that  came up was car washes what are we doing with   car washes and we learned that car washes  recycle I want to say 60 to 65% of their   water someone ask well then if that's proven  when they get their permit to open is there   any sort of inspection process to make sure  that goes on continuously that they're meeting   that recycling requirement and unless things  have changed we understood that there was not   an ongoing uh process to confirm compliance  with that perhaps that's something to look   into in the future and then being on the  district one Advisory board when we have   zoning changes and so forth I've seen the things  you know there's um requirements sometimes of   Shrubbery or whatever to hide things or trees and  so we are asking whether it's developers builders   whoever to meet these requirements but on the  other hand we're saying don't plant trees you   know right now we're H in a in a drought you know  don't get new shrubs because they require lots   of water so I'm just here to challenge I guess  each of you this is hard stuff and I don't I I   I don't want you as a group to kick this down the  road into the future take aggressive measures now   maybe now's the time to change the zoning around  landscaping and irrigation systems why wait till   later you want to attract these businesses but if  we don't have that natural resource I mean where   are we going to be one of the things and I know  nobody wants to see it here but that you'll price   your way out of this charge residents more and  more and more so that they use less and less but   that's not sustain able either and I know that's  not what you want for your constituents since I   have a minute 45 left I've been wanting to take  this opportunity any time I encounter anybody with   the city whether it's on the phone or in person  the customer service here is Stellar consistently   stellar and it doesn't matter what department it  doesn't matter if I'm walking in or I'm calling   in thank you for that I mean you have a culture  of customer service that any organization would   be proud of and I think it's fantastic the other  thing I noticed because as a neurode Divergent   person I see things other people don't see a lot  of times it's dirt this place is clean bathrooms   are clean um our where we meet at the Outwater  Center is clean and I mentioned that to Bob a few   months ago that they do an amazing job and that's  not easy you know finding people that care about   that kind of work and you have uh just a beautiful  repres representation here of the city and they   keep it so clean so fantastic staff fantastic  customer service and it's all neat and tidy   thank you council member Tuttle thank you thank  you Twilight for being here today and I have good   news for you um as a matter of fact uh director of  mapd and director of Public Works and I have had   a couple meetings and we are looking at exactly  what you mentioned um you know in 2013 when we   came out of drought we're fairly conf confident  that two weeks later no one was talking about it   and so while we're in drought mode we really want  to get the community to always be thinking about   water conservation we need to always be thinking  that drought could happen is happening we don't   know how long we're going to be in this drought  and so we have pulled um zoning codes um we've   actually pulled together a small group who's going  to be meeting it'll take many people um developers   um contractors land owners to get involved in  this but we are working on it and it's something   that we absolutely are going to address and will  keep my colleagues and the community um apprised   as we get further into it but right now it is  preliminary but I'm fairly confident something   great is going to come from it something the  community will be proud of in the future thank   you vice mayor Ballard thank you mayor Twilight  I just wanted to say thank you for the thank you   sometimes um people will go out of their way to  be frustrated or complain or usually J you're   calling City Hall something's wrong um and it  would be very easy for someone to get frustrated   including our staff that deals with that most of  the day so I just want to say thank you um for   making it a point to uh say how well we're doing a  customer service that's something that I ran on I   think it's something that's very very important  so it's nice to hear that other people saying   it too council member hoisel thank you mayor uh  thank you TLA for the compliments to the employee   here because they got to deal with a lot of  trash and a lot of junk coming from a lot of   people and sometimes it gets um morally uh it  gets challenging for them to to just deal with   keeping the morale up so I appreciate you giving  those compliments because we do have a lot of   great people working here and um they deserve to  hear just the good things that people have to say   about them because boy do we hear the bad things  and we're that's our job as electeds but as far   as people who work here just every day um they  do they do a great job with what they have so I   appreciate you giving them the compliments council  member Johnson thanks mayor thank you twia um my   thank you is for saying it publicly a lot more  of our team members watch these meetings than   I realized so they'll hear that so I appreciate  that I'll also share your comment about Atwater   with Mr Maloney he takes great pride in keeping  at water clean he even got got on me one time when   I dropped something so I'll let him know that he  keeps it really nice over there and you you said that anyone else from the community  who would like to speak I see none   Madame clerk please call the next  item consent agenda items 1 through 11 are there items to be pulled  beginning with council member   hoisel thank you mayor I'd  like to pull items seven for discussion I'd also like to pull item number8 is there a motion to approve the  other consent agenda items so moved second   Motion in a second any further discussion I  see none Madame clerk please open the role motion passes 70 we will begin with agenda  item number seven consent agenda all right   can we have Troy come up and uh just a couple of  questions here and maybe some background on this item good morning mayor council Troy  hman director of Parks and Recreation   all right thanks Troy for coming up um could  you give a little bit of background about this   process um I guess it was more than three years  ago we entered an agreement with Mr Dand durun   is that how I say your name okay with Duc um in  regards to the clubhouse here sure so could you   just give some background leading up to this  sure so prior to that we' actually had closed   clap Golf Course for several reasons uh which I  think a lot of folks know what those reasons are   uh while we're uh closing it we actually started  mothballing the uh clubhouse and the clubhouse   kind of sat bacon for several months possibly  almost a year and one of our biggest efforts   was to actually get that facility uh occupied and  keep it occupied because we've seen what happens   to buildings and our facilities when they stay  vacant so we come across a situation where uh the   community uh was not very much interested in what  was developed in the master plan for that Park   which is possibly a cafe or some type of coffee  house and so a lot of those plans simply went   away for a lot of different reasons so we come  across a situation where I uh met with Mr Durant   uh he had an idea that I followed up on that since  it's going to be a a major area for disc golf that   we would have a place there for our disc golfers  but also this could becomeing an amenity for the   park not just an old uh clubhouse but actually a  situation where an amenity for the park goers to   actually use one of the major reasons is because  of the uh the restrooms that are there we just   heard about clean restrooms and I think these  restrooms are probably one of the cleanest ones   uh that uh is through our system Chris and his  staff keeps that facility open seven days a week   those restrooms are available not just for the  disc golfers but for anybody else that's going   to be using that facility that saves us thousands  of dollars a month um so we have somebody who's   actually out there taking care of that um and and  meeting the needs of our community a couple other   things things I wanted to bring to attention is  that uh Chris and his staff have really made an   investment in this building when they first took  over the building as I mentioned it was mothballed   and since we didn't have a whole lot of funds  in the golf fund this particular building didn't   get a whole lot of attention so he made some  improvements in regards to adding new carpet   um addressing the rooted infestation um uh taking  care of the ceilings they actually painted uh the   interior part of the building um and I think we  subsequently also went and painted the exterior   of the building as well so here's a building that  is actually being occupied actually servicing the   community um so for a little bit of a discount of  a price we know that we are actually uh gaining a   lot of value in this situation um I think Chris uh  is interested in coming up and sharing some of the   things that that they've done to uh be a partner  so a couple other things I want to share is um   the reason why we've gone forward with this  agreement uh several reasons it's a smaller   amount of fee um it did go to the park board and  the park board did approve it and support it also   um just the expertise in regards to Chris and his  staff uh we are partnering with him in regards to   bringing in uh we've put out bids already once  and we're going to do it again for some national   disc golf tournaments to come to wiah which will  have an economic impact and all this is because   of our relationship with Chris and his team uh  they've also helped us with the course layout   um they spend many many hours cleaning the park  maintaining the park um not just picking up trash   but also helping us with uh some of the limbs  trimming the trees and that Creek that is just   a garbage magnet uh they've actually spent a lot  of time cleaning that up as well so we are very   satisfied with his efforts and we know that he  is very dedicated uh to this facility uh as I   mentioned it's more than just a rental it's it's  an amenity and I feel like he's almost almost an   extension of our staff um because he cares so much  about the park and he cares about uh the community   so um hopefully that answers your question uh  what was the vote with the park board uh 70   70n it's okay uh when does the current agreement  end so back in June of 2021 we went on a yearly   update for three years uh so it was actually uh at  end of June beginning of July that we should have   gone and updated the agreement I think it kind of  slipped through the cracks because we're dealing   with um with budget and and a couple other things  as well but uh we did take it to the park board in   July and so now we're ready to keep moving forward  okay so it's been month month since then yes okay   um yeah Chris if you'd like to come up and talk um  I mean I'm pretty intimate with the things that's   been going on there um I've seen the improvements  at the clubhouse I've been to a number of the uh   Creek cleanups that we've had around there um we  don't have a lot of vandalism or anything like   that going on at the park either because we have  so many disc golfers going through and I think   you're a big part of that as well how how many  disc golfers do you usually get a day what was   the average said it to me a couple of months ago  well in the first year that we were a part of the   partnership we noticed um we kept you know as best  numbers as we could and we noticed that the park   itself had about 52,000 visitors that number has  increased annually each year that we've done that   because of the efforts that we've made because  of the tournaments that we've had and it's not   just disc golfers I don't want anybody to think  that we're just doing this for dis golfers but   The Pedestrian level has increased quite a lot as  well due to a lot of the things that that we've   already done uh Troy mentioned the uh the amenity  portion is just part of it when we first came on   board the sidewalks were overgrown the trees were  touching the ground The Creeks were just totally   full of debris and trash and over the last three  years if if any of you would like to go out with   me and go for a walk I would highly invite you  to do that because now as you walk through none   of the trees are touching any of the pedestrians  they can utilize the sidewalks they can utilize   the green space and that does include of course  the dis golf portion but it's not you know only   dis golf we we do this we partner with witd state  cross country team to make sure that they have an   NCAA Level facility for them to be able to to  host events we also do that with usd259 um just   as Troy mentioned we're putting in a bid for a  uh it's actually an international level uh world   championships for either Juniors or M Masters  for uh professional dis Golf Association all of   these things are due to all of the upgrades and  all of the maintenance that we've that we've um   that we've accomplished at clap so hopefully that  answers your a little bit of that question as for   the inside of the building um there are actually  two sections of the building we have one that's a   lounge area that we utilize not really not very  much for disc golf it's more for the community   you can come in we have a huge television in there  then a lot of people bring in their kids and have   a have a water water or soda or something like  that when they're getting out of the weather they   utilize the bathrooms we make sure that those  are maintained at a at an optimal level um and   then of course there's the other side which is  the Pro Shop so does that answer your question   Council yes sir I appreciate it um we just had  National Night Out There you guys hosted us   for National Night Out a couple of weeks ago and  we've done that multiple times we've also done um   we've also done the Trunk or Treat the uh candy  crawl multiple times with the city of witcha um   we've hosted many many local events uh to include  just individuals who come and ask if they can host   their their children's birthday parties or their  or their retirement parties there or things like   that um those are just an amenity that we can  that we can utilize that Lounge room for so okay   I appreciate it thanks dou um you get a lot  of there's a lot of people around there that   appreciate you including some of the neighborhood  association leaders who can be pretty difficult   to keep happy well regardless so I I think when  we first moved in we had to prove ourselves to   them and I think over the last couple of years  we've really we've really proven oursel to them   um they come in on a regular basis and and tell  us thank you for keeping the park up um you know   we've have we have a lot of goals left to go  so appreciate it um and I'll just turn it over   to my colleagues if they have any questions for  Doc council member Glascock thank you thank you   Chris for everything you're doing my com or my  questions are actually for Troy though Troy a   few different questions um regarding the process  in 2019 and also the process or sorry the process   in 2021 and also the process now as well did this  ever go out to RFP if it did not why didn't this   go out to RFP in 2021 or why isn't it going out  to RFP now as well so in 2021 we did not go to do   an RFP for several reasons uh it was a very Niche  type of Service uh that we wanted that connection   with somebody who actually Services the park uh  we weren't necessarily interested in this being   a retail location or anything like that so uh we  knew that working with uh duck uh with Chris that   we would have that situation occur uh we quickly  wanted to get the building occupied as well so   those are some of the reasons why currently as  I mentioned earlier we're extremely satisfied   with the tenant and the agreement that we have  with them um it's a very small amount and again   there's nobody has the expertise uh in regards  to the tournament helping us out with this golf   but also shows uh the interest in the caring  of the park and so with those items we knew   that um this is a tenant that we want to keep  is that the same policy for all of our other   recreation centers and houses as well there are  different uh um levels and in regards to um the   rent levels that would require that this being  a little bit smaller um it's a little bit easier   for us to do that okay thank you another qu I have  two more questions and I know couple my colleagues   may have questions as well regarding the actual  lease agreement it number two says the initial   term of the lease shall be five years commencing  on the first day of September 2024 well that was   two days ago corre and so are we in L right  now are we Shera under the previous agreement   ment um I guess I just have concerns that the  start date was listed before we met as a body   to determine this sure um we would execute the uh  the agreement as of today if it was passed if not   we would extend it a little bit later going  month by month but as soon as the agreement   is signed um within that month we'll be charging  the the fee of of the uh the agreement okay and   then final question I have um Chris had stated the  condition of the park prior with debris trash Etc   that he's helping to um fix and also take care of  currently is maintenance of the park inous staff   or is it outsourced a contractors it's through  a contractor dragonfly is our contractor and um   they're uh their tasks are mowing trimming and  picking up trash but there's definitely a lot of   situations when we have trash blowing into the  park um the biggest issue I think is the creek   it's just a magnet for trash um every time there's  a there's a drain I'm sorry every time it rains   it fills into the drain and that's where all the  trash goes thank you for all those answers council   member Johnston thank you mayor those Creeks  all has all have a lot of my golf balls too my   brothers and I played there a lot um the initial  term council member Tuttle gave me a contract uh   the original contract dated May 25th 2021 the  original term was for uh $3600 or3 $300 a month   the rent shall increase by 30% on the anniversary  date when did that change to $500 as we are   proposing this new agreement is this is when for  this new agreement is when we propose this this   fee what's the rent as of today paid last month um  I would say it's for three years uh whatever 30%   is for the past three years every year I I don't  know what the the exact number is off the top of   my head it'd be more than $500 30% increase over  three years okay so it went down to $500 what was   it thinking about um only increas in the rent by  10 by 10% uh over 10 years that's I mean that's   that's 1% a year that's not even inflation right  very similar to what I was talking about earlier   is the value that we have keeping this place  occupied the value of having uh the restrooms   uh cleaned and taken care of uh the value of the  extra work that they're doing throughout the the   rest of the park uh the value of their expertise  in regards to um disc golf and and working   with our customers okay um I'm simil similar to  councilman Glascock any any thought of putting out   for an RFP maybe paying Chris to keep it cleaned  up RFP for that to help it clean get keep it   cleaned up well definitely anything is an option  um however what we were looking at is a situation   where we have an agreement in place that's working  well um and again we have a great tenant okay   thank you I have several questions start off with  so you don't have an ual amount of how much they   paid uh last month off the top of my head I do not  have that amount I think we need that information   before we can move forward with this item uh in  addition to how much in Capital Improvements um   has uh the group made versus the parks department  so that that facility is actually maintained by   Public Works through facilities um they have done  some investments in regards to the HVAC but uh   I know Chris has actually done a lot of investment  um whether it's painting minor repairs upgrades   just to make that building um usable as well as  um appealing and I want to say thank you very   much Chris for the upgrades and helping maintain  this facility again we don't want anything to   remain closed as we have seen the former Central  Library being closed and then being vandalized so   do see um a purpose of having buildings that  we own being utilized for the public good um   but it does concern me uh a longer lease so  number one it concerns me that it didn't go   out for RFP initially back in 2021 um but now it  looks like um we have a month-to-month agreement   with the tenant and we are very appreciative  of that but um I do think that there might be   community members who may be interested and also  activating that space given that um we're about to   make a major investment in clap Park itself can  you talk about how much of an investment we're   going to make as a city to clap Park beginning  later on this year well it's actually already   started um $7 million worth of upgrades to  the park which includes a new uh oability   playground uh we've done repairs to several of  the bridges and to several of the walkways we've   actually removed some of the bridges as well uh  we're going to be building a parking lot next to   the school as well as a dog park um so those  are the get the uh improvements that that's   moving forward right now actually as we speak is  there an option to remain month to month until we   figure out what longer term solutions could come  about if there's going to be an increase in the   number of people that come to clap park because  of these $7 million in investment um I feel like   it's prudent that again we make the best use of  this space and Chris you're doing a great job   I appreciate that but uh there might be other  community members who also may think that they   can utilize this space and do it prudently too  council member Johnston thank you mayor I I just   figured up what it should be the rent should  be now should be $659 and10 as of May 25th to 24th thank you council member Johnson thanks mayor  and thank you Troy and thank you for all you're   doing over at clap Park um so I think my concern  would be if we look at going back out um for an   RFP because now folks are interested a lot of the  attraction to clap Park is the disc golf um I got   beat up for saying frisbee golf for years so now I  know disc golf but if the attraction is disc golf   if the attraction is um cross country running and  everyone else who uses the park and then we go out   and say uh let's do something else we risk losing  that attraction that's there now with the great   tenant great provider providing great Services um  so it I would have concerns about that again this   was a pilot but that pilot worked I mean we've  seen attendance has grow tremendously um and   even though it's not my District I had heard from  folks in District 3 that loved the fact that there   was a park across the street that they could go  to and now there's a great activity there which   I'm terrible at but I think that if we go back out  and we do that we're kind of ignoring the great   work that's already happened at clap Park council  member ho Heisel thank you mayor i' just like to   um follow up on my colleagues comment there we've  had examples in the past in the city here in the   last decade or so where we have a good tenant  who's doing the job that we need him to do we   go out for RFP um somebody else comes back in wins  it and the quality of service immediately plummets   there's a pretty famous case with one of our Parks  facilities where that's happened here in the last   decade or so so that that's my concern is if it's  if it ain't broke don't fix it and um if they're   doing a good job especially with that playground  that's coming in we need to have somebody in   that Clubhouse immediately still staying there  um to keep to keep eyes on it to make sure that   there's no vandalism going on make sure that  it's being used in the appropriate manner to   make sure that the restrooms and the amenities  are open there for the families of people who   are coming in so um I feel like we have a good  partner here I I don't feel like there's any   reason to Veer from this for an unknown an  unknown that we might have coming in and who   knows it could be uh the same quality or it could  be a lesser quality than what we currently have   but we know what we have right now and that's a  good partner in this place to help out with the   creek cleanups to help out with the Fallen Limbs  and I've done a number of the creek cleanups as   well so I'm out there getting my feet dirty with  this as well and I just see the appreciation from   the community it's not hard to get a lot of  people in the Third District on the same page   about anything so when you have nearly Universal  agreement that they're doing a good job and it's   a great amenity to um to our district and to the  public as a whole so again my my two sents take   on this one so figure I'd put that out there  my concern goes back to May 25th of 2021 when   there was no RFP um and I understand the rush um  decision to try to activate the space back then   and I appreciate that there was a pilot program  but again I think it's prudent if we're doing an   RFP process for the Central Library that's one  of our spaces we should do the same thing for   any other uh facility that the city invests in  so that people have the opportunity and I think   the best idea will win at the end of the day  and so it concerns me that this was made back   then but now we have an opportunity to correct  things moving forward and it also concerns me   that this would lock Us in for 10 years 5 years  with an additional 5year option so again locks   Us in uh for such a great amount of time when  again we're about to get a huge investment into   clap park within the next 12 months so I am very  concerned about this item and I would like to Halt   this item for either new business or unfinished  business for another meeting or if there can be   options regarding what we can do continuing  a month-to-month uh basis with uh the current tenant council member hoisel thank you mayor I  don't see any other discussion so I'll go ahead   and make a motion council member glot I withdraw  to speak council member hoisel um if council   member Glascock would like to have any additional  time to speak I'm okay with that okay y um I move   that the city council approve the lease agreement  and authorize the necessary signatures second   Motion in a second any further discussion again  I want to remind the everyone on this Council   right now that this locks Us in for 5 years for  an additional 5 years in addition too and this   greatly concerns me as we are moving forward with  a $7 million upgrade investment into that Park   council member tutle thank you um council member  H Heisel I to totally understand and and council   member Johnson and I were um the only two that  voted in 2019 to close the golf course at clatt   Park which was one of the hardest votes I've made  since I've been on Council um I worried about the   impact that it would have on our our golf system  but then also that surrounding community and again   on May 25th of 2021 we had the opportunity to  vote for this contract and we did it as a pilot   project um we were concerned about shuttering one  of our assets we were worried about homelessness   vandalism all the things that could happen if we  had one of our Park assets sitting there without   a tenant or anyone you know daily monitoring it  um as I'm hearing the discussion and I do believe   that um the the current tenant ducks disc is doing  a great job we've never met before so welcome here   today thank you for being here and thank you for  what you've done um council member H Isel I just   wonder if perhaps it would be in the best interest  to continue moving forward because we don't want   to laps of service but maybe revisit it at a  in a time frame so that the community feels um   that we've done due diligence and gone through the  process I I completely understand and I completely   agree with you with the continuation of service  I think what we're doing there now is working I   hear from other constituents that it's working  I drive by that area frequently and I see the   park is being activated whereas otherwise  it wouldn't be but I just wonder with the   conversation of how it's happening if maybe we  agree to extend for a year and then instead of   the entire commitment that's in in the contract  in front of us is that something you might be   able to entertain a friendly amendment I I  would be comfortable with that okay so and   it and I'm just saying a year maybe we revisit it  in six months but I just don't want the services   to stop now um to be honest my fear is is if  the contract lapses that we're going to have   increased crime and homelessness in that area  pretty quickly um we're going to vote on three   incredibly important agenda items today quite  possibly three of the most important agenda   items I'll vote on while I'm in Council and it's  to help the most vulnerable in our community   with homelessness and so I'm just fearful to do  anything that could exasperate that issue that   we're dealing with thank you so so legal would  I withdraw my motion and make a a new motion to   extend the the current uh month to month for a  select amount of time that would be one way to   do it yes if you want to just set it for a period  of of of time when then we can revisit this lease agreement okay so I withdraw my motion and  I'd like to make a new motion to extend the   month-to month for one year while we do uh due  diligence information finding uh look at possible   Alternatives second council member Glascock  I don't know if this would be the procedure   ual um move or if there' be thoughts I'd be  interested in hearing thoughts first I'd be   open to doing a year-long extension with the  intention to go to an RFP I'm also mindful of   councilman Johnson's concerns regarding if dis  golf is what the community wants in that area   and if cross country is working that we still  want that to be the purpose of the park one of   the objectives of the park and so that the RFP  would be specific that we would like an operator   that focuses on disolve or focuses on cross  country if that's what the community wants if   that seems to be working that way there's still  competitive bid process I believe competition   breed success and so I don't know if there's will  here if so i' would be interested in offering a   substitute motion that we would extend the  current agreement out by a year uh at the   new rate at the 500 rate with the intention to go  to an RFP and that gives us the ability and staff   the time to draft up an RFP that we could go out  for cross country or disc golf um as the priority   Focus council member Johnson thanks mayor um I am  okay with council member hole's um motion again   my concern on going out for RFP which I tend to  support but what I believe will happen is we'll   craft an RFP that will highlight disc golf cross  country some large company is probably going to   bid on that and then we have to choose between  the revenues generated from the large company   which may pay us a whole lot of money versus what  we're getting right now and then the question will   be quality of service and will they deliver for  WID all the same way Chris is delivering for widar   that's my concern because even if we enter into  that contract and people feel good about however   much money we might be getting from that if the  quality of service drops attendance would drop and   we may not see as many users and then Community  would say what happened and why did we shift   away from someone who actually cared about the  park and what they were doing to to some larger   company that's my only concern I hope that doesn't  happen but that's my concern about going down that   path council member hoisel thank you mayor I agree  with council member Johnson I'm not saying no to   an RFP I just want to make sure that we have all  our options available and an open and transparent   process that we go through talk through the issues  with each other talk through it with the community   see what their expectations are I just don't  want to be pigeon hold into to an RFP at this   point that that would be my concern I appreciate  what you're saying and I think we want to have   about the same results here making sure it's  a more transparent process and the communities   involved in this process going forward so again  than I appreciate your your take on that one but   I do agree with council member Johnson I'm gonna  interject really quickly and ask a question to   city manager the budget was passed two weeks ago  in it there's a $250,000 um item for the master   plan for the park system will clap Park be part  of that discussion and if so when will we have   further information to glean what the purpose of  clap Park is is it dis golf is it um cross country   is it other things in addition too I mean are will  those questions be answered in that Master Plan um   mayor I believe that they will be yes and when  will that be completed I believe we're talking   about a year long process yes as if we can get um  uh put it out to bid and actually hire somebody   within this year or in January the process is  going to take about good six to seven maybe   eight months for all the public engagement making  sure that all of the stakeholders are involved um   it's quite extensive in regards to that Community  engagement because that's where the feedback comes   from council member last this is just a concern is  in relation to this project but I think a broader   concern I have now Chris thank you for taking  care of the property and also making sure trees   or taking care of trash is picked up as well my  understanders we also have a contractor to do   that so that should be the contractor's role so I  have problems if you're having to supplement the   work of what the contractor should be doing and  taking care of the property as well because that   should already be taken care of through a process  and agreement we have with an IND the contractor   so a little bit of a difference between this park  and other Parks um Chris is there almost every day   his staff is there uh contractors mow every two  weeks so there's this lapse of time where uh the   park is not necessarily maintained at a regular  basis and this park probably gets a whole lot   more attention than all of our other Parks simply  because Chris is there council member tutle thank   you um I appreciate the opportunity to make a  few more comments and maybe get a little bit of   clarity um so can somebody remind me what the last  motion was m to delay it for one year and have uh   feedback and an engagement process to see what we  do with the clubhous going forward whether that   be an RFP or an extension to Mr dander but also  just allowing time for a public to understand the   process and to get some feedback from the public  okay just a few comments um I agree with council   member Johnson I think what's Happening Now is  working and I think it's great and I'm always   I you know embracing change is hard for for many  of us including myself in this case you don't want   change to to you know change so much that then  people aren't going to use the the park and do   what's doing now the other thing that I like about  going out for some sort of community engagement   opportunity RFP whatever it may be and I think  that's kind of where we're heading is you know one   year of what we're doing but give us a pause point  to be able to make sure we're doing in the future   if indeed clap Park and part of the success of it  in the disc golf and you know the crime prevention   essentially is because there's daily boots on the  ground there whereas the contracted Mo only comes   every two weeks maybe that's part of the RFB  that we had is that you know it's the disc call   services but then also some kind of daily weekly  maintenance of the ground facility so what what   I see is this is coming to what I think is going  to be a win-win where we can continue the services   for now especially as we're moving forward with  clap Park and the inclusive playground and the   park master plan but then also assuring the  community that we are trying to be transparent   and we want to hear their feedback so um if if  there is a a motion in a second that talks about   having that Community engagement potential RFP  process I will be supported thank you vice mayor B   thank you mayor uh just a couple questions  um Troy what was the feedback from the uh   Park Board I know you said it past 70 but were  there any concerns questions about RFP any of   that from parkboard comments so we really focused  on the great work that Chris brings and the value   of his services that was what was really kind of  highlighted in the meeting um kind of shared that   with them the things that he he does above and  beyond and the impact uh parkboard was supportive   um they recognized it and appreciate um  having a great tenant there awesome just   two more quick questions did this go  to the dab no okay and um has anyone   come to you recently interested in the space to  potentially rent or anything like that no thank you I think again it goes back to my very first  question so are they a paying 652 according to   council member John stun or is it a different  amount we'd like to know that amount before I   think it's important for Community to know how  much they're actually paying per month because   that will make a difference whether it's the  current amount or an amount that is from this   proposal um I still again am concerned that we're  doing we're locking ourselves in when we're about   to make major changes to clap Park and I do  believe that this is a different uh type of   circumstances uh when it comes to clap Park but it  really applies to all of our properties that there   should be an open process so that anyone can say  I have a great idea I would like to bid on it or   I'd like to say my idea is better and we have not  had that process we didn't have it back in 2021   and so again we have an opportunity to correct a  mistake and I think that we should um so again I'm   very concerned about voting on this item council  member GL I'll just Echo councilman tuttle's uh   comments that I would feel comfortable with um  an agreement that extends it a year and has some   RFP component I don't believe that necessarily is  part of the amendment or the motion before us but   I would feel comfortable if councilman Tuttle had  a substitute or ad adapted motion council member   vice mayor Balor thank you mayor uh Chris I  hate to put you on the spot do you know how   much you pay monthly for rent we've we've been uh  invoiced $300 ever since we started there thank you that to me is very concerning again back to  2021 where it says rent for the initial term is   3,600 or 300 per month rent shall increase  annually at a rate of 30% on the anniversary   date of the commencement date with a subsequent  increase in monthly rent I cannot vote on this   and I believe that we need to have this as a new  business item or unfinished business I I am very   concerned that the price that we say an individual  is paying is different than what a contract says so can I motion to move this  item to unfinished business at our   next council meeting mayor right now the  motion before you has been motioned in   second so I think that motion needs to be voted on unless so we have a motion and a second motion   by council member hoisel a  second by Council vice mayor Ballard council member hoisel thank you mayor um  even if we move it to new business I feel like   we'll be in the same position um going back out  waiting a year because we can't have anybody not   in the clubhouse for a while um because they  are again they're going to be watching the   construction that's going on here um we already  got dirt moving out there for the playground um   so I I feel like even if we bring it back next  week or a couple of weeks from now it'll still   be a motion to do due diligence over a year or  select period of time in order to um engage on   the process again council member Johnston thank  you mayor so I have a question for City staff   so is the rent going to be $659 which is a 30%  increase or is it going to be $500 but it should   be $659 right now or is it going to be $500 and  is there is there a back rent going to be paid   or yeah that was the contract sure I need to find  out a little bit more details in regards to the   invoice and how that came out to be um and we can  definitely work something out with with Chris in   regards to if there is a back rent that's due or  um if we're going month to month I would expect it   to be uh the larger amount $650 or whatever that  amount is okay thank you council member Tuttle   thank you um just a question for legal I should  maybe have written it down so the motion is to ex   continue this contract for a year with Community  engagement probably looking like an RFP process is   is that correct okay Troy is there any way that  you feel we could expedite that process could   we um look at this um some thoughtful questions  have come I'm I'm watching the comments on YouTube   and and people have some some concerns that  I think that we should address would it take   a year for us if we extended this contract for  six months my math is math and that would put us   into like January which would get us through you  know the fall when the the park is still going   to be busy and and activated I hope um other than  hopefully lots of rain and maybe people can't dis   golf as much um but would I I think the Comfort  level from what I'm hearing from my colleagues   is something needs to be done we need to review  this would it take a year could we potentially   even do it in six months yes we can do it in six  months okay and and that way the park continues   so if we say for the next we're extending this  for six months or a year whatever we decide on   the timeline I don't want everything just to stop  right I want continued with what we've got while   we're trying to find what the the new future is  and and maybe it's this but I I came in thinking   one thing but there's been a lot of questions  that have been raised since we've been here   that I think we need to have addressed but the  community also deserves to have addressed so um   if the rest of council feels like a year is the  appropriate amount of time I'm certainly happy   with that if we feel like it can be expedited  that would be something that I would entertain   as well thank you council member glascott I think  I would at this point knowing thank you councilman   or vice mayor Ballard for that um comment I think  that changed my perspective pretty substantially   and that right now we should be charging $659 and  so not extending for me I feel comfortable with a   month-to month at what the current rate should be  which should be 6 659 um not the 300 that we're   currently at and so I would hope that we just  continue that agreement as a reflection also   putting an edimus on staff to be able to put this  out to an RFP process but I'm deeply concerned if   we've had this agreement for three years and it  takes us at the bench realizing that the correct   amount was not being build I have concerns about  other contracts that we have that could have the   same result and so I don't feel comfortable  with the motion anymore um I'll be um voting   no with the intention that hey let's continue a  month-by-month agreement let's bring this before   us at a rate that I also know is comparable and  that we can also make sure that we're holding   our partners accountable and this is not an  attacking ukis if you're being build 300 pay   300 but we should be building you a higher amount  we should have been for year so thank you vice   mayor Ballard thank you mayor um D I appreciate  sorry council member glas I appreciate um some   of your comments I just want to make sure that  if somewhere along the lines the city dropped   the ball on something that we're not punishing  a really great tenant if that maybe that's a   conversation that we need to have to see if if  he's supposed to be paying something different   you know we should have that conversation but  that's also our job as the city to make sure   that they're doing that so I just want to make  sure that um we've seen this happen in other   contracts where we didn't have very good tenants  um and he is paying and doing an exceptional   job so I just want to make sure that we're not  punishing him when maybe it's not completely his fault council member Johnson thanks mayor council   member hoisel would you take a friendly  amendment to say up to one year I would council member tutle thank you um I was going  to ask the same thing um and then council member   glas may I ask you a question so are you what  I heard you saying was and please correct me   because there's lots of flying around right now  that you would want it to go month to month what   we're what we have been doing since June has  been going month month so we just continue as   we are now until something can come before us so  would the only concern that I have with continuing   doing month to month is it doesn't give us kind  of like a timeline to be held accountable for and   that way the community also knows um I I think I'm  following in line with council member Johnson your   friendly emotion was up to a year so if we can  expedite the process and it happens faster great   if it takes a year to make sure that we develop a  really good RFP with deliverables and understand   all the parameters that need to be followed a  year is is that correct Council M Johnson was   that the the intent I do feel having a timeline or  a Time boundary to me it just kind of legitimates   the process more so if the friendly am amendment  is to continue the services now with everything   we have with up to a year to um you know make  sure that we're uring transparency I would be   supportive of that one question I have for staff  and uh regards to councilman tuttle's comments   how long does it on average take an RFP for  something like this we estimate 60 days 90 days   a year seems like a long time but depends on the  complexity of the RFP I think this one be somewhat   straightforward we just have to make sure that  we have a scope of services that does Justice to   what we expect in the park right and that we're  moving in the right direction uh in terms of the   maintenance um it seems that doing it in end of  the season early winter is would be a good time   to do it since the Park's not going to be active  activated during that period of time allows for   adjustments that are would be made U we I think  we could get it done in the six-month period if   that's what you're asking could we do a six-month  period so then it puts pressure on us to be able   to come up with a better process and be able to  get this out quicker instead of extending a year   would you feel comfortable with that um I was just  on the board to speak um I'm not sure because one   thing I really want is I want the public feedback  from the surrounded communities um it's the   neighborhoods uh me metal Ark my neighborhood  um Hilltop is right there East Mount Vernon um   Grand View there's a lot of neighborhoods around  there who have a lot of stakes in that as well   so I want to make sure that whatever process  we have the community gets to say especially   the community around there um what their hopes and  expectations are for any potential RFP that's kind   of why I was given the year was to make sure that  we have ample opportuni for public feedback from   the community so I mean I'm comfortable with  6 months um I like council member Johnson's   motion because it allows us to do our full du due  diligence in regard to engaging the surrounding   community and it could be six months I'm I'm not  against any if it we can get it done tomorrow I'd   prefer that but I just want to make sure we  give the community ample opportunity to have   their voices heard to make sure that we have a  process that reaches out and engages these people council member tutle thank you council member  Johnson was your motion seconded I just as   council member hoisel who had a second in motion  to take a friendly amendment to say up to one year   and not just one year okay and was that then  agreed upon seconded I'm just checking with   legal to see where we are yet but I didn't really  know where we were that's that's what I'm just   trying to find out there's a lot of sausage being  made today so is the current motion up to a year   the current motion is one year but I would  accept council member Johnson's language of   up to one year okay second okay are we on  good terms here Jennifer okay you're fine   okay thank you and just again for the  record this will be at the amount of $659 I I'd like uh just to make sure we  cross that because I think that's if we   did three increases which we've only had them  in there for the time period of two increases   so I think we've gone past the annual one here  but I don't think has that figured into their   amount until now that's so the first year was  300 when it was 30% that would have been $90 so   the following year it would have been 390 and  then if you do 30% of 390 it's 117 for a total   of 507 per month and then from 507 another  30% that's $152 .10 for a total amount of $659 I'm just I'm just making sure that we  pass a third time period yet from when the   contract was originally agreed to was that  June July June June okay so we have pass   the third time period Then okay council  member Johnson thanks mayor um just one   quick question for you Chris how do you feel  about all of this will this work for you yeah and back to city manager Leighton I would like  to know who should be held accountable for the   lack of amount that has been collected again  it's not the fault of the tenant so we need   someone to be held accountable for that um action  that has not taken place for the last two years   plus we have a motion and a second any further  discussion I see none Madame clerk please open the RO motion passes 5 to2 consent agenda item number eight thank you thank you Gary the question really is to give  us an update regarding the BN R bio biological   nutrient removal plant uh this agenda item shows  that there is a high bid even though it's the   lowest bid um it's overestimate by 9% can you tell  us if this project is still on schedule uh tell us   a little bit more about the BNR plan uh sure Mayor  Gary Jansen Public Works and utilities this uh the   overall BNR program is six packages six different  uh projects if you will within the program this   was number five of six uh there were some I  think some circumstances that caused this bit   to be just a little bit over it's working within  an active system and so we had to really limit the   amount of time that we could shut things down for  them to work on it I think we just underestimated   what that might take overall though uh we're  still under budget on schedule collectively for   the program the two main components the largest  packages packages two and three that are roughly   200 440 million between the two projects are under  construction and so far value engineering has   developed some contingencies that should help us  going forward in case there are additional costs   that come about which are likely on a complex  projects of this size but again overall all   projects under budget on schedule this time  with final completions still scheduled for 2027 thank you very much thank you council member  hoisel thank you thank you mayor um we're locked   in on a price approximately um because with  the whia funds and the the rotating funds for   through the state isn't there a price that we're  locked into that we can't necessarily exceed well   we are as far as the loan amounts correct um  and right now we're still within that original   amount too so you know we'll keep a close eye  on that as we go forward again the the main   the largest component on of the project of the  program are under construction now and so over   the next couple years we'll see where we end  up with pricing but the the loans themselves   are pretty well set okay thank you thank you  Gary thank you motion to approve consent agenda   item number eight second motion and a second  any further discussion I see none Madame clerk   please open the role motion passes 70 Madam clerk  please call the next item petitions for public improvements good morning mayor City Council  Members Paul gunsman Public Works and utilities   for the record this morning I have one location  for you for consideration uh the signatures on   the petitions represent 100% of the improvement  district and the petitions are valid per Kansas   statute 45th Avenue Edition located in District  2 the project will provide water improvements   sanitarian sewer improvements and Paving  improvements required for a new residential development and it is recommended that the  city council approve the new petitions and   budgets adopt the new resolutions and authorize  the necessary signatures and I will stand for   questions questions for sta I see none I move  to approve the petitions for public improvements   second motion and a second any further discussion  I see none Madame clerk please open the RO motion passes 70 Madame clerk  please call the next item an   ordinance creating chapter 5.08 pertaining  to nuisance parties at short-term rentals good morning Sharon de City Law Department um I am  back today with revisions to a proposed ordinance   which the council considered on August the 20th at  that time there were concerns expressed um under   what circumstances property owners could be cited  for violation of the ordinance um the ordinance   Remains the Same as far as the number of people  and the types of activities that would constitute   a nuisance um party to be held responsible under  the ordinance the ordinance has been changed um   so that it provides that a responsible party  can only be held responsible for violations   of a nuisance party if they're on the premises if  they've been made aware of the party occurring by   law enforcement officer or other city official  and they fail to do something to disperse the   party um or their are facts and circumstances with  which exist that a reasonable party knew or should   know um that an unlawful party was occurring um  my thought would be phone calls from Neighbors   um written notifications prior to the party if  they were notified that there were activities on   Facebook there's a number of different ways  that that could be proved by by evidence um   the penalties remain the same first offense is a  $500 fine second and subsequent offenses are up   to $2,500 or a year in jail um law enforcement may  ask that party activities cease and participants   must must disperse they ordinance is limited to  short-term REM shortterm rentals and it doesn't   affect the city's uh nuisance process through  excessive force calls sensive police calls um   it's recommended that the city council place  the ordinance on first reading and authorize   all necessary signatures and I'll stand for any  questions questions for staff council member   glassock no questions I just want to say thank  you for taking the comments from the bench and   putting in here I feel this is a better product  and I feel that the respon ibility is where it   should be placed so thank you for your work  on this you're welcome thank you sharen one   more question I know you uh highlighted U slide  number 11 the third piece is I think um the piece   where I had concerns but you explained how you  could prove that the property owner knew about   um the party can you reiterate those uh possible  uh pieces of evidence um neighborhood neighborhood   neighbors um calling the property owner um calls  to 911 um if the property owners made aware that   there are Facebook invitations for parties at that  location um and that information was shared with   the owner and then they did not take any action  thank you any further questions for staff I see   none thank you Sharon we will now open it up  for public comment regarding short-term rentals I see none we'll bring it back to the bench  council member Johnson thanks mayor um I'm going   to support this today but I have concerns about  a few pieces of it one um if there are properties   and one of them say the address where regular  parties were happening there's really nothing that   would hold hold a property owner or short-term  rental owner accountable for multiple parties and   if multiple parties are happening and they aren't  notified it just continues to be a party house   they can say they weren't notified they didn't  hear from law enforcement outside of at the time   of the party which at that point it's over it  could be a oneandone it could be something that   continues to happen at a property the other thing  is um I doubt neighbors are friends with these   folks on social media in these different places  to see these parties being promoted when we passed   our original ordinance to legalize short-term  rentals um we talked about these shouldn't be   party houses because of the one example that  sparked a lot of the conversation where someone   was murdered um I saw personally on social media  because I'm friends with a lot of different people   three different parties being advertised for  short-term rentals I'm connect probably more   so because I'm elected some person who just owns  a short-term rental may or may not see that so   will neighbors know or neighbors friends with the  young people or their parents that are promoting   these I doubt it um this does take some steps to  address it but I think where it was before really   could make sure that the short-term rental owner  could address those things um I know the folks   in Crown Heights want to see more than this but  I'll support it because it does take some steps   forward but I do do believe those will be things  that we hear about later because people still rent   out these houses for House Parties because they  don't want their house messed up and um we see   that on social media all the time to this day  so I'm supportive but those are my concerns I   think those will come back up for Council to  address in the future um because especially   when saying somebody has to be present or have  to have that notification law enforcement's not   going to be on social media looking for parties  all the time either they're looking for other   activities so if they see it and let someone  know great but I doubt that's their number one priority council member Johnson since this was  a a project of yours would you like to make   the motion thank you mayor I would move that the  Council Place the ordinance on first reading 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 requests for letter vent for healthc  care facilities revenue bonds Presbyterian manners Inc good morning mayor and council members I'm  Tim good pasture with the city manager's office   of development services for the record that I'm  before you today is a request for a letter of   intent to issue healthc care facilities revenue  bonds for Presbyterian man maners Presbyterian   manners is a 501c3 private not for-profit  organization that is headquartered in Witchita   it is a provider of independent and assisted  living care facilities throughout Kansas and   Missouri the city of Witchita has acted as the  issuer of bonds for Presbyterian manners since   1990 and acts as the host issuer throughout the  state of Kansas through interlocal agreements the   company's headquarters is at 2414 North woodlon  which is north of 21st Street on woodlon the   company currently operates 14 senior living  facilities in Kansas and Missouri its witta   location is located at 4700 West 13 West 13th  Street North they also offer Hospice Services   in Kansas and Missouri the company is requesting  a letter of intent to issue Health Care Facilities   revenue bonds in an amount not to exceed $90  million the majority of this funding would be   used to refinance its 2013 and 2014 Bond issues to  achieve an interest rate savings and there would   be approximately 8 to 10 million for improvements  to existing facilities in Kansas the tax equity   and fiscal responsibility act or tea requires  a public hearing and the regulations for a tea   hearing requires identification of where the  funds will be invested in this case the $8 to10   million of improvements will be invested in in  the communities of AR Kanas City Clay Center Dodge   City Emporia Fort Scott Lawrence Newton OA Parsons  salinaa Topeka and Witchita the estimated use of   funds is uh approximately $60 million uh of these  funds will be used to refinance the outstanding   2013 bonds uh approximately 11.8 million will be  used to refinance the 2014 bonds approximately 8   million will be used for Capital Improvements to  the facilities just listed approximately 7.7 will   be used for The Debt Service Reserve fund and  approximately 1.6 million will be used for the   cost of issuance for a total of approximately 89  million healthc care facilities revenue bonds are   a form of industrial revenue bonds and they are  a mechanism for achieving a sales tax exemption   and or a property tax abatement the city is not  lending any money in this scenario and bears no   risk the company is required to achieve all of  its own financing and no taxpayer dollars are   at risk therefore it is recommended that  the city council close the public hearing   adopt the resolution of intent and authorize  the necessary signatures Bruce shugan who is   the president and CEO of Presbyterian manners  is here and can answer any questions specific   to the projects and I would be happy to stand  for any questions as well thank you very much   much may we ask Bruce to come forward  so he can share about Presbyterian manners hello Council I am Barce shugan the  president and CEO of Presbyterian manners uh   worked out there for 28 years first 15 as a CFO  then got promoted 15 or 13 years ago whatever the   number is so first time uh mayor that I've ever  been asked to come up and talk so uh there's the   first time for everything Presbyterian manners  uh started over 70 years ago in Newton Kansas   to uh serve seniors and we have expanded over  the years to to Missouri Kansas and actually   in a different Corporation are now going out  to Colorado Springs so um our our motto is To   Serve seniors in a Christian envir environment  and that's what and that's what we try to do uh   what this really refunding is is take advantage  of lower interest rates um you see the eight   to10 million that's out there that really is  prior Capital most of it that we've spent that   we can per the bond documents we we can put that  into into the bond funds and it really is a way   for us to get cash on our balance sheet um Co hurt  a lot of Senior Living organizations the last four   or five years we are still into a letter of credit  line of credit that we'd like to get out of and   that's really what that is about it's about past  um Capital expenditures over these last 18 months   that really is what uh we're asking reimbursement  for throughout our system in Kansas so um I don't   know if you have any specific questions um I think  our our system is on the top in the nation and we   do a great job of serving seniors and we want to  continue to do that I appreciate that you provide   housing for our seniors um at a very reasonable  price and so um my question to you really is um   how can we get more of this type of housing in  our community as our community is still in need of   many units um and I know that you just mentioned  Witt is among the group of facilities that will   get some improvements um but are Community is  again still in need of a lot of housing uh we   look at it everybody you can ask my staff it's  Market driven which is definitely one of those   areas where there is a market um we definitely  have on our plans to do something in addition   uh another Innovation out at the current project  our our current address out on 13th and Zoo uh we   got to wait for the economics to to get there  and to make sure the Market's there but uh we   would love to expand it's just uh where the the  market is and that's what we want to do so I wish   we could do more and we're always looking for  opportunities uh to serve seniors so vice mayor   Ballard thank you mayor I just wanted to say thank  you thank you for being here thank you for all the   hard work that you and your staff do um certainly  appreciated thank you thank you very much Bruce   thank you I see no further questions for Bruce  or staff so we will open it up for public comment I see none I'll bring it back  to the bench this resides in   council member Johnson and vice mayor Ballard's districts thank you I move to  close the public hearing adopt   the resolution of intent and authorize  a 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 building energy improvements good morning  mayor council Chris Su public works this particular item we're asking to  initiate building energy Improvement money   that's an ongoing projects in the adopted CIP  this money is intended to to increase the Energy   Efficiency of equipment lighting HVAC control  systems and we focus it on high Roi projects   first and typically those are lighting they're  the lwh hanging fruit of energy projects they   typically result in a simple payback seven years  or less some of the background projects will go   through here have much quicker paybacks because  they had higher wattage lamps that were operated   for longer amounts of time so the difference  when you go to LED is much greater this was a   pilot project we did in City Hall many years  ago it only involved 11 fixtures and normally we   wouldn't do a pilot project just to prove that  a 15 watt bulb is less than 32 watts but the   fixtures in City Hall are original they're from  1976 and they're kind of a unique fixture they're   what's called trough a return meaning they're not  a standard 2x4 size so it it made more sense for   us to figure out a Tube replacement to go up  into these fixtures rather than just replace   the entire fixture by itself because if we had  to do that we would have to change the ceiling   grid which would change the acoustical tile  which would change the wall layout it would   be a tremendous mess so that's why we went with  a pilot figure out what kind of tube we could put   in the existing fixture and still get a much  lower wattage which we did here we cut Power   by over half and the payback is uh just shade  over five years when we do that in our office areas Y come on there we go parking garages uh Hot  Topic as of late back in 2020 we actually upgraded   all of the parking garages to LED lights um at six  of those parking garages um we added daylight and   occupancy sensors as well try to make sure they're  not on when there's bright sunlight available   already and the six garages that were done under  that project were State Office Building Oldtown   Hotel Oldtown cema the Ambassador block one garage  and City Hall the other two parking garages that   exist of the Broadview garage were not responsible  for the lighting and the Market Street Garage had   already been improved through a $9 million  project roughly 10 years ago so all garages   at this point are LED and you see the payback on  that one's much quicker because they're operating   over 4,000 operating hours a year whereas an  an office space is a little over 2,000 and once   you put in occupancy sensors it's much less than  that another interesting project was the tennis   dome over by Riverside those originally had th Wat  metal headlight bulbs in there and we drop those   down to 400 WT LEDs they're interesting in that  they're an indirect fixture they shine up not down   uh reflecting off the Dome and we also decided  to look for a fixture that had field replaceable   Parts if anyone has bought LEDs for their homes  that are not screw in bulbs you'll notice that   when it goes out it's a fixture there's nothing  for you to replace you just have to take the   whole thing out and buy a new one and put a new  one in all right so the field replaceable Parts   on these fixtures we can actually change the  LED paint panel or the What's called the driver   inside of it it's a much cheaper operating uh  procedure it once that part eventually fails   rather than having to buy another $750 fixture  we just buy a $50 part and get it up and running again and then as of May of this year evergy  came out with a Energy savings rebate program   uh it applies not just to LEDs also HVAC HVAC  control um there there's a whole host of rebates   there are some of the examples uh $3 on an  LED lamp which is just under half of our cost   to buy them it makes the payback periods on these  projects um significantly reduced [Music] and with   that we want to propose the following projects now  before we go through that I will say that um two   of these projects we propose to the sustainability  integration board and they approved both moving   forward with both of them so the first project is  convert all remaining lights inside City Hall to   LED we're about halfway done so far um over the  years we've used past energy Improvement money   to upgrade say the 10th floor when housing moved  in um fifth and sixth floor and then as lights   have burnt out we've converted them over to LED so  this project would just do a whole sale get it all   done at once and the whole building would be done  second project the bayy street Corridor this is a   pathway along the railroad between St Francis and  the river about a block south of Lincoln and these   lights there's roughly a 100 fixtures out there  we've had a lot of copper theft issues over the   past years since 2018 we spent over $100,000  in just repairing rewiring getting the fixtures   back up and running again and we don't want to  keep banging our head against this and doing the   same thing over and over again so this project  will replace those lights with solar LEDs with a   battery backup it should last at least three days  when there's no sun that way there's no copper for   anyone to steal anymore savings on that one you  know paybacks roughly seven years just a little   longer just because uh the extra cost of having  to go to a solar powered backup LED they just cost   more to buy that's why and then also upgrading  all the recreation centers we'll start with the   gymnasiums at all the recreation centers Boston  Edmore Evergreen Lynwood and Lynette Woodard   uh Brewer is already being upgraded as part  of the major project that's going on there   and the orchard Rec Center has already had the  gymnasium uh lights converted to LED so this   will do the remainders of those facilities as  well payback somewhere around five years also   so the adopted 24 CIP includes a grand total  of 835,000 go funding through a combination   of 2024 money and ongoing projects of 21 through  23 we recommend initiating all of those at this   this time and approve the project adopt the  resolution and authorize necessary signatures   stand for questions thank you questions  for staff beginning with council member ho   hoisel thank you mayor um thank you Chris for the  presentation um are there any concerns or have we   gotten any feedback about uh safety concerns  with the lower watt bulbs and the uh and the   parking garages anywhere no I have not heard  any concerns okay yeah just yeah when we select   those fixtures we look at the lighting output  of them and we match what the original was okay   I appreciate that um now this went the Bailey  Street Corridor and Recreation Center projects   were presented to the sustainability integration  board um was that just merely presenting them with   the project did that um board have any funds um  Incorporated in this no they were not providing   any funds we were just asking for their uh  feedback whether or not these are good projects   move forward with make sure they're aware  of them get any kind of feedback we can   from the sustainability board make sure they're  engaged in the process as we do energy projects   okay appreciate it thank you vice mayor  Ballard thank you mayor could you go back   to the slide I'm sorry I don't know which one  it is that showed the savings from the parking garages with the um annual savings  do you is that push towards a new   project or that's just savings that  you guys use for something else   right now it's up to whoever's running the parking  accounts to do whatever they do with it thank you I had a question regarding the Bailey Street  Corridor um can you again reiterate how much in   Copper theft we have lost in trying to  repair those um that equipment and then   how you will signify that these are solar  lights so please don't try to destroy right   so second question first the solar lights they  only steal the Copper from the junction boxes   that are in the ground or on the pole there won't  be anything there for them to take anymore so   they're not going to be able to climb up the pole  and you know steal well I guess if they rent a   bucket truck and do that I'd be quite impressed  but no this is uh about as um secure as we can   make them and then to your first question back  from 2018 is as far back as I went we spent over   100,000 just fixing that one location um we had  tried uh new security box junction boxes security   screws on those we tried hiding them with silicone  we tried burying the junction boxes they dug them   up and uh cracked them open with a pry bar um at  this point I think our best case we just get rid   of the wire go solar and don't have to worry about  it thank you very much I think it was to highlight   uh the amount of $100,000 for just one location  and even in cost savings it's not even that   amount um it's just a reminder that every time  we make investments into our community if we   can again take care of it and community members  know that um it's a problem then maybe they can   call 911 and say we're seeing someone messing  around with those boxes because this is not the   only location right thank you I see no further  questions for staff we'll open it up for public comment I see none we'll bring it back  to the bench I will motion to approve   the project and adopt the bonding  resolution second Motion in a second   any further discussion I see none Madame  clerk please open the RO motion passes 70   Madame clerk please call the next item  funding for 2025 Water and Sewer main improvements good morning again Paul  gunsman Public Works and utilities the   item before you is funding for 2025 water and Sur improvements the adopted 2025 through  2034 Capital Improvement program includes   annual funding for the following Water and  Sewer infrastructure improvements arterial   water mains water distri distribution  main replacement water dead end Mains   elimination and water and sanitary  sewer Mains for future development the arterial water mains program will  allow for main replacement or relocation   necessary to construct arterial Street  projects which will provide more reliable   service to customers specific locations  and scope of work will develop will be   developed as design advances for Arial  Street improvements and a couple projects   for 2025 are Mount Vernon from K15 to Oliver  as well as 17th Street from i135 to Hillside   the water distrib distribution Mains replacement  program decreases the number of unexpected water   main brakes brings Underside undersized  Mains to current standards and improves   fire protection this program replaces water lines  that have failed or have been determined to be   in critical condition after multiple breaks  and are beyond the means for City cruise to repair water dead end Mains elimination project  will be used to fund improvements that are needed   to combat pressure and quality issues and those  will enhance system performance and reliability   and finally Water and Sewer Mains for future  development projects will serve new development   with water infrastructure as needed when the  city grows proposed projects are requested   by developers and evaluated by staff to make sure  the proposed improvements are in the best interest   of the utility and the city of which this account  will be run on a first come first sered basis and   a few locations that have been identified for  2025 is web south of Pon 119th Street south of   Pon as well as the area Northwest of Central and  135th Street here is a map showing some of the   locations that we have proposed in uh magenta  are the um water mains that will be repaired   or replaced with with CIP projects the location  there in the southwest quadrant of the city is   for water mains extension I'm sorry for water  dead ends replacement or construction and then   the items in blue and green are the sanitary  sewer and water mains for future development the adopted 2025 through 2034 Capital  Improvement program includes arterial   water mains at $3 million water distribution  Mains replacement $6.1 million water dead ends   main replacement $540,000 and water  mains for future development at $2.6 million those fees the collection of the main  acquisition fees in the amount of 0032 cents   per square foot will reimburse the utility  50% of the main cost as smaller Mains are   extended similarly sanitary s Mains for future  development at $2.1 million again the collection   of main acquisition fees in the amount of  071 cents per square foot will reimburse   the utility for 50% of the main cost as lateral  lines are extended total cost is just under $12   million for all of the projects listed staff  recommends initiating the funding for each at   this time and the projects will be funded from  future revenue bonds or sewer utility and water   utility cash reserves if revenue bonds are issued  an additional 8% will be added for financing and   administrative costs it is recommended the  city council approve the projects adopt the   resolutions and notices of intent and authorize  the necessary signatures and I will stand for questions thank you Paul any questions for staff  I see none we'll open it up for public comment I   see none we'll bring it back to the bench I motion  to approve the projects and adopt the resolution   Motion in a second any further discussion I  see none Madame clerk please open the role   motion passes 70 Madame clerk please  call the next item adoption of the   safety standard for elevators and escalators 2022 Edition good morning mayor council members  Chris laam mabcd thank you for your time and   letting us bring this item before you it is  uh as uh our clerk stated the adoption of the   2022 version of the uh Safety Code for elevators  and escalators so this uh fits into article four   of our unified building and trade code uh this  adoption does update the uh uh or bring would   adopt the updated uh National code along with our  local amendments uh this is an American Society   of mechanical engineering code so asme a17.1 that  impacts these all conveyances uh this does and is   designed to fit in with all of the codes we use  in the International Code Council we do have one   uniform code uh this has also been addressed to  ensure that it fits with that though that is the   plumbing code so there's not a lot of overlap  between plumbing and elevators uh the codes are   revised every three years to uh remain current  with industry we of course evaluate these codes   each time they come out at a national level for  applicability to our local jurisdiction so the uh   related codes in this instant instance are listed  here uh again these have been coordinated uh   interestingly we do have several codes basically  all of these coming forward for adoption in the   near future so the th this actually um since this  one is first the coming codes will more so be made   to fit it but it is of course part of the adoption  process to ensure that all of those are compatible   so the latest adoption of this particular code  was in December of 2020 uh that puts us currently   in the 2019 version of a7.1 and we currently we  have 16 local amendments uh this will move us to   the 2022 version and we've been able to reduce our  number of local amendments to eight so we're happy   to be able to cut that in half uh I um assume that  you all recall that there have been changes at the   state level with the elevator program so uh that  has driven some changes in our program and our   program management uh this code will ensure that  we remain current with the Kansas elevator safety   act which did amend k sa 44915 uh adding those  standards and then the Office of the State Fire   Marshall who oversees that program now uh they  implemented this same code in July July 1 so we   we had held a bit on our adoption to see what the  state would do now that they've moved forward with   the 2022 we are doing the same uh as a reminder  um our codes affect a lot more than just the city   of Witchita of course in elevators it is mostly  Witchita we have 1,000 642 conveyances that we   oversee uh just over 1500 of those are in the city  of wiah so the vast majority um but we do still   have some impact to the county as well as some  of the adjacent cities that we service we have   uh seen that this code has been very successful  we've seen no management issues we have not had   any issues with the industry um all parties  have been very cooperative and then this code   also brings relatively minimal change and we will  of course discuss uh the changes that the that we   feel the public needs to see the adoption process  in particular with this uh code was led by the   board of electrical appeals and uh of course our  chief uh electrical and elevator inspector who's   Chris Nordic he did a lot of work to uh bring this  together has done a lot of work recently to adapt   our program with those state state changes so we  we greatly appreciate his efforts uh IND industry   associations that were consulted and a part of  this include the manufacturers and the industry   Engineers who are actually building and designing  the elevators uh the Elevator Constructors Union   which is Statewide in this case since that is  not a very large industry as well as elevator   suppliers and then of course uh fire department  is the first to respond to any elevator incident   and also a lot lot of safety uh factors there  for our firefighters so uh wit to fire as well   as SED County Fire District One are very  involved with this adoption to uh hit the   those amendments or excuse me not amendments to  hit those changes that we want to emphasize and   also I want to emphasize with this that these  are not local amendments these are changes to   the National code we have elected not to amend  them uh as as we saw they would uh that they're   sufficient as is so first is increased Lighting  in the Hoist ways so again this is a safety factor   for emergency response as well as mechanics  or anyone who may be working in the Hoist   way this also does add a code requirement for  an onoff switch for that light at the top of the   Hoist way uh the code is always required one at  the bottom most elevators have them at the top and   the Bottom now the code will just require that and  again this would be for new elevators only there'd   be no reason to have to retrofit an older elevator  uh second is in regard to pit access so there's a   lot of uh different ways that uh mechanics access  the pit uh interesting thing with elevators is uh   when maintenance is taking place they are often  not locked out they do have to move the elevator   often in order to do the maintenance to do the  actions and if something malfunctions there's   not much place to go in the pit so there are a lot  of safety factors for the mechanics there uh what   this adds is if a fixed ladder is used to access  that pit then that ladder does now require a   weight on switch which would detect the weight of  the mechanic on the ladder and lock the elevator   out uh a lot of elevators that are you uh ladders  that are used now they fold out uh when they fold   out it automatically locks the elevator that  would be another example so th this just adds an   additional safety device to this type of ladder so  they still have a there's still a lot of options   in design of an elevator as to which um features  they they use uh this one also only applies to   specific elevators and to new elevators uh we  currently have none of these in our jurisdiction   but it is possible that an elevator could be built  in an area where it is we know it's going to flood   and it would be built to standards to withstand  that water and to deal with the flood and so the   new code provision simply adds an alarm for that  uh so that there is a flood detection um and it   is signaled that uh that it was that there's water  in the FL in the way waste way excuse me the uh uh   this one is actually a Vision so less restrictive  than the code has previously been in that used to   ensure that anything not related to the elevator  was out of the hoistway with uh new technology   and design there are now some items specifically  the radio transmitters that the firefighters use   are allowed to be inside the hoistway so we can  now have some safety equipment installed in the   elevator hoistway um now also again this would be  a new elevators and only if this type of elevator   is used but uh like with everything else uh we do  have uh and see new elevators that are controlled   remotely uh through Wi-Fi so the mechanics have  an app and they can view the elevator status and   do some of their work remotely through that app  to control the elevator so what this has added   is if it is a internet connected elevator it uh  adds some security requirements um just robust   what is required there so that the uh elevator  could not be uh could not be hacked so to speak   uh and then lastly um as pointed out earlier we  did remove eight amendments that we now consider   obsolete uh these all dealt with freight  elevators uh Freight and and maintenance   type elevators non-personnel elevators and we  had previous amendments that referred back to   the requirements for passenger elevators just to  ensure that all safety El elements were met in the   hoistway and in those areas uh given the advances  in the last few cycles of code there's no reason   to continue that they're sufficiently covered in  their own sections and so at this point we're able   toh comfortably remove those and are happy to do  so uh with that um we did take this to the board   of County Commissioners on the 21st of August the  official public Hing was held there uh we only had   one member of the public speak uh he's a building  owner uh he did asked one question to ensure that   all of the Amendments I just covered would be new  elevators only and that is correct um and then he   he actually did uh Express support for Chris and  his staff and the great work that they and the   board of electrical appeals have done to provide  for safety in the community um and then uh this   uh the the last thing I would like to point out  and ask for as part of this is since the Fire   Marshall State Fire Marshall has moved forward  with their adoption we would like to make this   effective upon publication normally we would  make it effective on the 1 of January uh we do   see that again the changes are fairly minimal  most of these changes are already in place we   do have the existing elevator code we do have  stipulations to we through a variance process   and several different things uh we will uh work  with anyone uh through that transition that may   be bringing us an elevator where we would need  to do so obviously everything in construction or   already in design with us would uh be allowed  to continue with the the today's code so with   that I will happily stand for any questions you  may have uh then of course would uh certainly   expect me to take public comment thank you Chris  we'll begin with council member Glascock thank   you mayor just one quick question I know you  list the beas's uh proposed um approval of 7   to0 um what was the vote of the County Commission  to uh it was unanimous thank you council member   Johnson thanks mayor um thank you Chris this is a  question for either you or Jennifer um with what   you just Su suggested about being effective upon  publication does that need to be in the motion for that it does not need to be  in the motion okay thank you Chris I had a couple questions I know  that you mentioned that uh projects   already under construction would still  uh fall under today's guidelines but   now moving forward if this passes then the  new guidelines take effect that is correct   mayor so for instance biomed uh Center  will likely have an elevator so new um   measures will be taken but there  is I think a construction project   not too far away from biomed right now uh the  new hotel so that one will still apply with these   measures so if if it is if design has already  been submitted uh it would still go with the   19 code under which it was submitted uh and then  also note that when we're getting into renovated   buildings uh that's actually the existing  elevator code or there is an existing elevator   code in place that helps us um match those  up with an existing building a prior elevator   and then what is being uh done with a a remodel  or a new renovation so that helps with help helps   us to bridge that Gap thank you Chris I see no  further questions we'll open it up for public comment I see none we'll bring it  back to the bench I will uh just   say thank you to you your team and also  the volunteers who are part of the board   um I think it's often um not recognized but  anyone can serve on these public boards and   they are on our website at witch to.gov and I  appreciate the electrical board for um following   up with this recommendation and so just wanted  to say thank you to those volunteers as well I   motion to approve um the recommended action to  place this on first reading uh amend Article 4   Section 5 article 4 section 6 article 4 section  7 of the witch SED County unified building and   trade code and authorized and necessary  signatures second Motion in a second any   further discussion I see none Madame clerk  please open the RO motion passes 70 Madame   clerk please call the next item acquisition  of 1025 North Main for the multi-agency center honorable mayor members of Council Troy Anderson  assistant city manager so uh this is one of three   items that will uh appear on today's agenda  uh specifically relating to the multi- agency   Center so this first item is uh ultimately the  acquisition of property uh you may recall that   back on uh July 2nd city council approved an  option with usd259 for the acquisition uh the   Redevelopment of site will be the city's multi-  agency Center and the Mac will serve as wit TOS   emergency homeless shelter with wraparound  Social Services for unhoused residents you   may recall since that July 2nd Date there  was a period of due diligence uh that we   wanted to evaluate the site uh there was  also a request that was sent to the State   Legislative Council to Garner the disposition of  the property by usd259 that has since occurred   uh and so this is just the followup to that  due diligence period given the proximity of   1025 North Main to multiple homeless service  providers in the area the location is ideal for   referrals and coordinated Services providing  easy access to those utilizing other services   that was part of our due diligence period  um most of you are probably familiar with   the site uh but uh just for reference uh the  image in front of you is the boundaries of the   subject property that we're uh we're talking  about today uh a couple of images of the site and then some of the terms and conditions  of the agreement the city purchase price is a   dollar however the acquisition is subject to  some additional terms these are sort of new   from uh the previous option agreement and that  is specifically that the use of the property   is limited to humanitarian purposes uh this is  defined as services such as Medical Care education   public housing food distribution services to  the homeless and unhoused residents and other   charitable activities aimed at improving the  welfare of those needed residents uh and we   have no issues or concerns with the restrictive  covenants prohibited uses including any commercial   industrial or residential that does not directly  support humanitarian objectives again staff has no   objection to the restrictive covenants uh budget  of uh $2,500 is being requested for closing costs   so again even though the purchase price is a  dollar there are closing costs that need to uh   be expended hence the $2,500 budget and therefore  staff is recommending that city council approve   the real estate purchase contract authorize the  necessary signatures uh it's probably going to   come up in question so I'll just go ahead this  item will go before the Board of Education it's   currently anticipated next Tuesday September 9th  so just FYI otherwise I'll stand for questions   questions for staff beginning with council member  hoisel thank you mayor um where are we at with the   the other timelines the State Legislative Council  and HUD yeah so specifically as it relates to the   acquisition uh yes the legislative Council I  believe it was um end of July 1st of augusti   is I don't have the date off the top of my  hand but the legis legislative council did   not act on their first right of refusal thereby  uh authorizing usd259 to dispose of that property   that was sort of a school district okay so we're  we're good with the state right now yep we that   that sort of box has been checked uh with regards  to HUD um you're probably going to hear a little   bit more about that in some of the other items but  specifically as a released HUD we are not using   any HUD dollars in the acquisition of the property  so uh the HUD requirement is not necessary   um but we should have some more information  available shortly with regards to how HUD   plays into the timeline of delivering  the emergency winter shelter but as it   specifically relates to the acquisition  their authorization is not required okay   just the opening shelter okay a couple of  questions I know you mentioned obviously the   $1 for the property but $2500 for um tital  work and closing costs so can you tell tell   us one more time where this money is going  to come from so we're currently using arpa   Revenue replacement dollars uh to pay for the  acquisition and uh clo title work and closing costs thank you I see no further  questions for staff we will open   it up for public comment regarding  the acquisition of this property hello mayor and city council I'm David hyge  for the Union Rescue Mission and I want to   come forward with just some positive comments  and words of encouragement for the work that   this city council and may are doing as well as our  uh city manager assistant city manager and housing   director I believe we're at a u a point that which  needs to take action as you see the growing number   of those suffering from homelessness and poverty  and I believe our community is at a point where we   can make a difference but if we continue to wait  the cost and difficulty to address what you're   about to address is going to be very difficult  to catch um we exist Elevate at the Union Rescue   Mission in the Name of Christ and in so doing also  equip men with skills so that they can break the   poverty the cycle of poverty and homelessness and  re-engage society and their families again with   jobs and being productive members of society um  as you plan and the mac and all of the services   that you'll talk more about I want to uh let you  know how important we think it is that the city's   taking the action that it is the Union Rescue  Mission is committed to establish an intake office   not only will it be a place to help people escape  from the Emergency and Trauma of homelessness but   we need to equip them so that they can emerge and  it not just be a parking place of human beings   but an equipping place of human beings we'd like  to be a part of that we see ourselves as if I'm   may say the preferred provider of life change  services for men and we'd like to engage the   city in any way that we can to help you with that  and to bring those men into our facility for our   life change services through um the uh residential  programs also um is the city's uh considering the   complexity of this and it is a complex process  I want to encourage you to also think about uh   these human beings could be any one of us what do  we do to engage those that are outside and won't   come in because once the max built you don't want  to still have the downtown streetscape with people   suffering likees there today so we need to have  a process to engage them and to bring them inside   for care as you know um the other thing that's  very important I think is the public sector can't   do this alone the private sector needs to have  a plan that it embrace bases and so that the   the services that the Mac provides are being well  thought out in my opinion with the uh some of the   providers that have been invited into the planning  meetings what services do the facility provide   what providers will be in the facilities the  second leg on the stool and my understanding is   from some of our talks that we've been privileged  to be in I'm seeing that addressed the third leg   on the stool I suggest would be governance what  sort of governance model will exist such that   the private sector and the public SE U private  sector and public sector have confidence in the   way the the facilities managed and will engage  at the level that you want and the fourth leg on   the stool is a long-term sustainable funding plan  governance I think helps drive that actually I'd   say the first three legs on the stool would drive  my confidence in funding it so as the city uh   continues down this process I would encourage you  to work on all four legs of the stool this complex   uh issue but we're at a point in time where again  I think that uh thanks to your leadership we're   going to address this issue and make a make uh  an improvement and I'd close my comments with   reminding you of an old motto of uh Peace Corp  you remember they said it's the toughest job   you'll ever love that's what you're stepping into  every day I have the privilege of seeing Untold   suffering people making a decision to change and  victory all in the same building and um invite   you into that with us and we want to join you in  that that battle because lives are changing we can   change this community and I think longer term we  need to look at what are the factors that cause   people to become homeless we're going to have  to embrace that too churches families building   stronger families what causing the young people  to um leave home and be El equipped and make bad   decisions and it's a complex thing but not only  address those that are in need but also as a   community let's come together to and strength our  families and stop the flow into homelessness so   thank you for letting me address uh you and thank  you for your efforts thank you very much David and   I think you just touched upon the word uh that we  need to focus on and that is real change not spare   change and our city uh intersections some of them  have those uh very signs to remind community that   there are organizations like Union Rescue Mission  like humankind Ministries and others who are   really changing the lives of individuals and not  just providing some spare change and again thank   you very much for what you do for our community  yes ma'am thank you we'll continue public comment I see none we'll bring it back to the bench again this is regarding the acquisition of  the property the former Park Elementary School   um I am proud to to motion this uh item this has  been a long time coming and I think that um vice   mayor Ballard who's part of the homelessness task  force as well as council member JB Johnson who   who's also part of the homelessness task force um  have done a great job in representing the city and   I'm really grateful for uh these individuals and  I know that vice mayor Ballard would probably like   to do the motion so I'll let her do that um but I  think council member Johnston wants to talk first   thank you mayor David thank you very much I know  we've talked about these issues a lot so how the   management is it and sustainability and the city  are we are working on the plan for that so pretty   extensive plan and and uh putting it in place  right now I also want to remind the public that   this is not a total solution this is only part  of the solution total solution is a comprehensive   plan including I would say enforcement to get  people off the streets but this is part of the   plan plan is very Dynamic it's robust and uh  it's going to be hard to execute but uh I I   definitely feel that we are going to execute  it so David thank you again for sponsoring   and and thank you again for everything the Union  Rescue Mission does great job vice mayor ballet   thank you mayor uh thank you so much for being  here I was actually going to share a quick little   story um earlier this week I was at bicycle pedd  and a a lady came up to me and asked me if I knew   anything about the homeless shelters and witch  Tod the guy that I was with kind of thought it   was comical that like the perfect person to ask  and she said there's a gentleman over here that is   looking for um a place you know can you help him  out with a homeless shelter I was suggest tting   Union Rescue Mission and he kind of overheard my  conversation and came over and you know he was a   little bit shy um and embarrassed but um very  polite and he said I actually just finished my   30 days in 30 days out at Union Rescue Mission  so while we have excellent excellent partners   that are willing to help us make this heavy lift  they need us just as much as we need them and the   importance of this Mac is I mean the ripple  effect of it is incredible not just for the   people that we're helping but for our community so  um this is just incredibly important I feel like   we're answering the calls that the community has  asked us to make whether we have staffing issues   so um buy a medical center check we we need a  state U Mental Health Hospital answer that call   check this is really um I'll say the third leg  to the stool um this is really one of the last   really important uh legs to the stool for our  community to really try to help help and embrace   mental health as a whole um in our community  so I just want to appreciate everyone that   has helped us get here all of the really tough  conversations with neighbors that you know six   months ago thought they were living next door  to a neighborhood school and now are going to   be living to next to one of the biggest homeless  um shelters resources in our state so um I just   appreciate everyone's really hard work and it has  been really hard lots of Hard conversations but   um bringing the neighborhood and our providers  alongside is the only way that we're going to   make be able to make this successful so I just  wanted to say thank you to my colleagues and   everybody else that's not even in this room that  has helped make this possible council member tutle   thank you um I'm going to pile on just a little  bit and there's two more agenda items regarding   this and I'll probably pile on there too because  I think it's that important this is truly a very   transactional um agenda item right it's just  to approve a real estate contract but it is   essential for us to be able to move forward and  I really just want to thank staff I want to thank   Sally all of your staff that we don't get to see  at Council every week like you um Troy Anderson   assistant city manager your tenacity has been  inspiring to make this come to fruition I remember   us traveling to Teka in January as a council and  mayor to talk to legislators and traveling back   in March to to speak again to the human um welfare  committee and and so lots of tenacity never giving   up always being created that's appreciated and  respected and valued so thank you um also I want   to give a shout out to vice mayor Ballard and also  sedric County chair Ryan batty I know you have had   many meetings in addition to what the public  Community meetings have been so um again thank   you for answering questions and and reassuring the  community that we're all trying to move forward in   the right direction and I'll make sure I reach  out to Cedric County Ryan batty and express my   my Kudos as well um I really want to thank the  community I went to most of the meetings that we   had regarding this and oftentimes the room was  packed and on a Saturday or a Tuesday evening   whenever it may be and and I always say I'm more  worried when people don't come and tell us how   they feel even if they don't agree with what  we're doing so thank you to the community who   spent their time and and gave us their inputs that  we can continue to move this forward um also want   to pile on thank you David for being here I'm a  proud member of the Union Rescue Mission board um   and and truly have learned a great deal from you  but never could I learn more than your compassion   on this issue so thank you uh and then finally  a thank you to all of our providers who were   doing this hard work um as council member Johnston  said we're jumping into the space with the multi-   agency Center but it's not going to be a onsize  fitle and so we still will continue to have the   need for the providers who are addressing our most  vulnerable every day so thank you council member   Johnson thanks mayor seems like everybody took on  my speech and broke it up said everything I wanted   to say so so DD to everything we've heard but  I wanted to highlight um my kudos to vice mayor   Ballard and our comm's team and staff after last  year's tough decision on the emergency shelter   because we were in a real tough spot and needed to  make some quick decisions we made some promises to   the community um about one that being a temporary  deal and that we would find a permanent solution   and uh approving this real estate contract moves  towards that permanent solution and vice mayor   ballor and our team comms management all working  with the community like we said that we would and   hearing their concerns and trying to address those  going forward with the Mac um I just appreciate   all that work that you were doing I know it's a  lot of conversations and meetings and um but uh   we're making progress on this towards uh one part  of a permanent solution so I just wanted to to   highlight that and the continued good work and I  know that we're going to continue working with the   community on that council member Glascock thank  you mayor I'll EO councilman Johnson that most of   the comments have been taken um out of the three  items we're voting on today though this is the   only one that is in connection with the schools  uh usd259 and so I want to thank our partners the   superintendent and the school board uh the members  of the school board that voted in favor of this uh   to be supportive of a collaborative solution  that shows that when entities of government   work together we can work together for the  betterment of our community that we don't have   to be competing bodies but we can come together  on issues that make sense and so I just want to   thank the school district the superintendent and  the members that support of this as well council   member hoel thank you mayor I'll try to be brief  um I Echo all my colleagues sentiments as well   and especially uh thank you to everybody in the  community this is a community project this is a   wiah project um echoing council member Johnson  Johnston's um comments this is a solution this   is not the only solution we're still going to  need people to come together uh Union Rescue   everything you're doing out there just so many  great things you're doing um so we just need to   keep this momentum up um there's never ever going  to be a permanent solution to this but we can make   things considerably better than they are now and  this is the first step with that so um it's been   the heck of a two and a half years that I've I've  served up here trying to get this through and I   know there have been people working on it longer  um and people who have not been working on it   as long but has who has put forth quite a bit of  effort in trying to get this across the goal line   so I really do appreciate just everybody in the  community who is coming together around this issue   and I'll just add a couple of uh comments before  making the vote I think it's uh important to   recognize that you have three separate government  bodies that are at play here usd259 it's its own   separate entity the state legislature it's its own  entity and local government with the city of wiah   is different even with Sedwick County and right  here you're seeing three uh entities to get to   this position where we can acquire this property  so again thank you to usd259 um but also thank   you to our state legislators um house Speaker  Hawkins and Senate President Masterson who both   were supportive of us moving forward with this  by not objecting um so I'm really grateful that   you're seeing multiple different entities truly  collaborating and trying to help our community get   to a better position together and it shows in this  uh Council that we've made this a priority too and   um despite the fact that it was not part of our  community survey uh we heard you community and   you said you want us to lead and be part of that  solution and so we are and today's vote one of   three regarding the multi- agency Center is just  that it's true collaboration it's true partnership   and it's Community working together towards  Solutions together so I'm really grateful for   this um and again this is in vice mayor Ballard's  District so the honor should be hers thank you I   move to approve the real estate purchase contract  approve the budget 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   winter shelter development sub agreement  and allocation of American Rescue plan act funds well good morning mayor members of council  to say excited that's an understatement right now   thank you so much for that previous vote  the next item we have for you is the sub   agreement for the conversion of the shelter  for wi of the school to Winter shelter this   year so just as a reminder some background on  uh August 22nd 2023 the city council approved   a master development agreement with Petra Inc  for the development of the multi-agency center   and its Associated affordable housing and just  a reminder to you and the public the Mac Vision   we've been talking about this for a long time  um this is a vision to provide a One-Stop shop   for people experiencing homelessness a place for  programs to collaborate and to provide ease of   access into various services so in our minds we  see this we're going to see congregate shelter   non- congregate shelter housing navigation housing  case management uh benefit enrollment assistance   and employment assistance all to working together  simultaneously to help people break that cycle of   homelessness so public consultation and due  diligence led us to acquiring the park former   Park Elementary School property at 10:25 North  Main from usd259 you just passed that vote thank   you again the inspection of the existing School  structure by the mabcd trades inspectors the Fire   Marshall and uh hfg architecture as well as  engagement with the neighborhood and service   providers has concluded the following Renovations  will be necessary to use this the the facility for   emergency winter shelter for this 2024 2025 winter  season that is the biggest thing for us the fire   suppression system and that's the one that's  going to take the most amount of time and be   the most challenging because we need to make sure  that we have piping and sprinklers that cover all   of the sleeping areas and in order to support that  fire suppression system we need a new water line   installed we also need an installation of Access  Control Systems so that we can control people   coming in and out of the building and and coming  in and out of different areas of the building we   need light renovation to 20,000 square feet of  the 50,000 sare foot building to accommodate those   sleeping areas um we also that engagement with the  community are building an 8ot privacy block wall   on the north side of the property that's 720 ft on  the North side that will functionally close access   from Water Street and buffer that residential  uh neighborhood to the North in closing off that   access we need to build an access road then uh  170 ft by 36 ft it'll run parallel to that north   wall to provide access to the rear the building  after closing Water Street uh screen fencing is   needed on the 520 ft on the west property line  abutting the walking trail the walking trail is   technically uh zoned as residential and as such a  limited commercial uh property next to residential   requires screen fencing and then Furniture  fixtures and equipment that'll be necessary for   the winter shelter including security screening  equipment here's just just to show you the   exterior work so the the purple line would be the  8ft block wall separating the facility from that   residential neighborhood to the north the orange  line is the screen fencing between the property   and the walking trail and then the building of the  access road so that you can actually still get to   the backside of the building the development  agreement with Petra um it sets forth their   responsibilities which includes engineering design  construction infrastructure improvements budget   schedules reporting Staffing accounting and  compensation the agreement is a a Cost Plus fixed   fee contract which provides for the de developer  to be reimbursed for actual expenses not to exceed   the amounts authorized plus a developer fee and  the 4 and a half% developer fee is in accordance   with the master development agreement that  was passed in August of last year and so that   we have an estimated breakdown of the costs to  get ready for winter shelter of just under $2.2 million the total estimated cost for the  project is 2,252 250 2,174 906 of that for   the development agreement and the remaining $  77,4 for all predevelopment and other expenses   incurred by the city in preparation so that'll  include the phase one environmental assessment   phase two Environmental Testing zoning review  AC quisition cost including the closing costs   uh storage container rentals and all other  costs associated with preparing the site for   emergency winter shelter and there is  no impact to the general fund the law   department has reviewed and approved the  development agreement as to form and it   is recommended that the city council approve the  allocation of $2,252 250 in American Rescue plan   act Revenue replacement funding and approve  the development sub agreement with Petra for $2,749 as a sub agreement under the master  development agreement for renovations at the   Park Elementary School location at 10:25 North  Main Street to prepare for emergency winter   shelter with the remaining 77344 allocated for  pre-development and other expenses incurred by   the city and approve the necessary signatures oh  that was a long one and I stand for any questions   thank you Sally we'll begin with Council hois  thank you mayor um we have quite a list here of   things we need to address um and we are aiming for  Thanksgiving to make sure they have the emergency   shelter open by Thanksgiving we are hopeful uh  what are the things that we need to have done   before we can open it on Thanksgiving the fire  suppressant I believe for sure is is a must have   the fire suppression system is the is a must have  for sure as well as access control okay so those   are the only two things that we must have done  before we're going to have some uh equipment such   as a security screening equipment and things like  that but yes and it the in order to use it though   in The Limited commercial space we're going  to be needing to work on those the screening   fencing because even if we didn't do the block  wall screening fencing would be required between   the the site and the neighborhood to the north  um we've just upped that to the black wall to   provide a bigger buffer because it is right there  against that that res residential neighborhood   okay so quite quite a list we got to get before  Thanksgiving correct um I don't suppose we have   a timeline on that quite yet it's it's not I'm not  as comfortable with the timeline right now but we   are working diligently with our with the developer  and our partners um and we'll most likely need to   be creative it may mean opening certain sections  of the building before others um we're going to   do everything we can to get it open as soon  as possible okay thank you vice mayor Ballard   um council member hoisel stole a couple of my  questions um I really appreciate the graphics um   just because it helps us explain to the community  what to expect um a little bit easier than just   saying it so I appreciate that I was just going to  ask about the timeline and the um screening wall so can you go to slide number 83 yep there you go um I'm going to ask questions  regarding the development fee of 4.5% I know this   this was agreed upon last year uh in the master  development agreement can you tell us is this 4.5%   from the total estimated cost or explain how you  got to 93,6 yeah it is uh 4.5% of the development   costs and again this is a re reimbursement rate  that could fluctuate it's not to exceed so it   could potentially come down um but it is 4 and a  half% of the construction costs all of the costs   associated with developing the property and that  is spelled out in the master development agreement   for a non- low income housing tax credit project  um those type of projects have a different type   of development fee structure as as dictated by  the state under the qualified allocation plan   but in that agreement as we knew there would be  non tax credit type development too we uh made   sure to include the developer fee and what's  this 25% contingency that's be that's we don't   know what we're going to get into right with  every project um you never know when you start   getting into the work uh like for example one  of the things brought up by the providers was   the need to remove the drop ceiling in all of the  sleeping areas well once we start opening up up   the drop ceiling we're not quite sure everything  going to see and the fact that we're needing to   bring this together so quickly so that we can  get the design work going so um materials can be   ordered um we wanted to make sure we had enough  of a contingency to be able to deal with the unknowns in addition to can you so the development  fee of 4.5% I'm going backwards now yep um this   will be in addition to other construction costs  that we will incur in phase two which would be   the actual Mac right so this project is actually  three separate projects and that has been deemed   by Huds environmental office as three separate  projects because all three of them could be done   independent of each other you could buy the  school and just do winter shelter you could   buy the school just do multi-agency Center  you could buy the school property and build   affordable housing in the future so they've deemed  it as three separate projects so you'll be seeing   things brought forward as three separate projects  this first project is just preparation for this   year's winter shelter pretty soon hopefully be  in the next couple of months we'll be bringing   forward information for the second project will  which will be the full bolt buildout of the Mac   which will include all of the the office space  medical space every every um other area of the   project other than the sleeping areas for shelter  and can you remind us this is from the arpa funds   um how much has already been depleted in due  diligence that we did on previous properties so   uh we that's that's a tough one the due diligence  we spent a little over a 100,000 on the Riverside   property um in home AR funding for that that  project at when we were moving forward with the   Riverside property that was going to be all in one  building so those predevelopment expenses um were   eligible because the housing piece and the home  art funds were going to be spent on that building   this as in this location the housing piece is  not inside the current um School structure and   so we had to separate that out um but yes those  uh due diligence expenses associated with RI with   Riverside are are sunk costs at this point vice  mayor Ballard sorry thank you mayor um I know you   mentioned that the Mac is going to be broken up  into three uh phas we'll say so while the winter   shelter is going on will you start phase two I  assume that is the Hope yes so we'll start with   design for for winter shelter then construction  will begin thereafter while construction begins   design for the Mac will start um where we will  hear on the low-income housing tax credits in   October so as soon as we hear on that if that's a  go design and things for for the the third project   will start at the same time so we'll have a lot of  overlap between the three projects and do we have   a backup plan if we don't get the litech credits  or we wait to apply again well it probably both   um there is a we have a strategy for being able  to build the 50 units on the uh Park site without   the credits if we weren't to get them the 125 um  units at the second location um is not going to be   feasible without actually obtaining the credits if  we weren't to get them through this round yes we   could apply again in 2025 thank you and since this  is just for the winter shelter portion a couple of   questions can this be also a pilot to the Mac in  other words while Mac is still being um designed   can providers who would for instance Union Rescue  Mission humankind Ministry Salvation Army could   they have a present uh in the facility while it's  still being developed that is my absolute hope   that all of our providers are going to come in  as a test phase and and how they can integrate   throughout the whole process we might not have  the the office is buil out or the spaces built   out to where um you know the end goal is but it  will give us that opportunity to to work together   and and see how we can do those warm handoffs from  one one program to the next when can we expect the   requests for proposals regarding the operation of  winter shelter that should be in the next 10 days   we should have that done and out for response and  can you give us a timeline so if in the next 10   days a proposal uh will be crafted then how many  more days kind of give us a timeline um that you   know at this point we haven't discussed how long  it will be open generally they're open about 30   days we're probably going to scale that back just  because of our timeline um be open two to three   weeks and and then we would have to pull together  a selection committee then bring that forward for approval again this is just for the winter portion  so it would be November to March 31st March 31st   thank you very much any further questions  for staff I see none thank you Sally we will   now open it up for public comment regarding  the winter shelter development sub agreement I see none we'll bring it back to the bench mayor  if I could just one comment a lot of thanks has   been given and a lot and there have been so many  players to get us to this point but I do want to   give special recognition to Sally with she's  the one that came up with the initial concept   if it wasn't for that we would not be where we  are today she's the one that saw the different   components that would make Mac successful and  she also even more difficult task came up with   a very complex funding mechanism in order for  us to get where we are today so I I do want to   give special recognition to her for bringing this  concept forward and then staying with it and being   Dynamic and flexible as we kept getting thrown  curveballs through through the process thank you vice mayor Balor sure thank you I move to  approve the allocation of 2,252 250 in American   Rescue plant act Revenue replacement funding  and a development sub agreement with Petra for $2,749 as a sub agreement under the master  development agreement for renovations at the   Park Elementary School location at 1025 North  Main Street to prepare for emergency winter   shelter with the remaining $77,400 allocated for  predevelopment expenses incurred by the city and   authorize the necessary signatures council  member tutle I will second if that's okay   but I was going to make a comment if that's okay  whenever it's appropriate is it okay thank you   um again kudos to everyone and especially Sally  I just wanted to say again thank you I remember   when you brought this item to us gosh I can't even  remember the very first time and there was some s   there were some concerns but you've navigated  us beautifully through all of it and you know   I think as a community not just the city of witto  but within our entire ecosystem here we've almost   become dangerously close to accepting the homeless  situation as a problem we can't solve and I think   this really just emphasizes that we can again it's  not going to be the the answer for everyone or   it's not going to be the the fix for everyone  but it's just a step in the right direction I   could not be more proud of this Council that this  has been something that we have unified on since   day one we haven't agreed on everything but this  is one topic that we absolutely have and I just   want to make one final thought I think everyone  knows my passion and advocacy for the Arts and   one would not think that you could combine arts  and homelessness but many many many years ago   Vincent Van go said to Save a Life is a real and  beautiful thing to make a home for the homeless   yes it is a thing that must be good whatever  the world may say it cannot be wrong thank you we have a motion and a second any further  discussion I see none Madame clerk please open   the rooll motion passes 70 Madame clerk  please call the next item z22 24-32 Co and conditional use requests to allow  entertainment establishment in the city   within 300 ft of residentially zoned  property generally located on the east   side of North Meridian Avenue in within 300 ft  of Southwest 51st Street North 5130 North merian Avenue good morning Scott wle from the planning  department here to present this item in this   case as you heard the applicant is requesting  approval of an amendment to an existing prot   protective overlay in order to allow entertainment  establishment in the city on the site in addition   they are also asking for a conditional use in  order to permit entertainment establishment   within 300 feet of a residential zoning District  this item is being heard today because one protest   was received against the application in terms of  the request the applicant is indicated that they   are requesting the zoning change so that they can  use the property for entertainment and for event   which may include a combination of alcohol plus  entertainment the applicant has indicated that it   is currently filled with bouncy houses and that  they would like to be able to host children's   events that likely wouldn't involve alcohol but  this would give them the additional flexibility   for additional types of events in terms of the  property you can as you can see here the site is   located to the south and east of the intersection  of 53rd Street North and Meridian the address is   5130 North Meridian a subject site consists of  one parcel is approximately 3.38 acres in size   zoned LC limited commercial with an existing  protective overlay and is currently developed   with a large shed or Barn structure in terms  of context property to the north and east is   zoned sf5 and developed with and is currently in  agricultural use property to the South is zoned   sf5 and developed uh again as agricultural but  also as a drainage Swale property to to the west   across Meridian is zoned LC uh with a cup and is  uh currently in use as agricultural Fields the   property's barn where the indoor activities will  take place is approximately 460 ft to the nearest   Residential Building in terms of the staff report  the staff report provides information about noise   screening parking and Lighting in terms of review  on July 25th the Planning Commission reviewed the   request held the public hearing and recommended  approval the application with the conditions that   are listed in the staff report that vote was 11 to  Zer with one exstension one member of the public   spoke at that public Hearing in opposition to  the request with concerns about overflow parking   onto area side streets the Planning Commission  recommended conditions also include the following   that outdoor entertainment would be limited to the  hours between 10:00 a.m. and 8:00 p.m. and that   no Amplified music would be allowed Outdoors on  August 12th the district Advisory Board reviewed   the request and recommended approval the same as  the mapc so the same conditions and that vote was   six to1 one member of the public uh attended that  meeting and voice concerns regarding again the   Overflow parking and um the possibility of alcohol  being served to minors one protest petition was   received during the protest uh period and that  protest was outside side of the protest area so   it does not count towards the uh 20% threshold in  terms of the recommendation it is recommended the   city council adopt the findings of the Planning  Commission approve the requested Amendment to   the existing PO number 351 and uh approve  the conditional use authorize the necessary   signatures and instruct the city clerk to publish  a resolution and ordinance after approval that   would require just a simple majority of four of  seven votes Alternatives include the following you   can override the mapc adopt alternative findings  and deny the change the requested changes that   would require five of seven votes or as always you  can return the case to the Planning Commission for   additional consideration and with that I'll  take you through the photos and Graphics so   here's the map showing the zoning in the area  here's the uh site with the uh shed or Barn   structure here's the map from the comprehensive  plan showing uh new residentials what recommended   in the area here's the site plan that was  submitted as part of the application here   is the map showing the protest uh you can see the  blue property which was uh where the protest was   submitted again it was outside of the protest  area which is the area in green outlined in   that green the purple is the notification area  here are photos from the site in the surrounding   area here you can see the structure that is on  the property with the driveway says looking to   the West looking to the north South and back  to the aial and with that I'll stand for any   questions questions for Scott I see none this has  not get any public comment so vice mayor Ballard   this is in your District sorry I'm hogging all  the Motions today guys uh there was a little bit   of conversation about this um outside of the  dab most of the concern was how late um would   they be able to do the outdoor entertainment um  and it's 8:00 p.m. so I think that made some of   the neighbors feel a little bit better um so with  that I'd like to take I move to adopt the finding   of the MPC and approve the requested amendment  to protective overlay 351 and the conditional   use authorizing necessary signatures and instruct  the city clerk to publish the resolution after approval second motion and a second any further  discussion I see none Madame clerk please open   the roll motion passes 70 Madame clerk please call  the next item zo in22 24-22 zone change requests   in the city from tf32 family residential  to mf18 multifam residential to allow for   duplexes generally located at the northeast  corner of East Lincoln Street in South C in Avenue good morning again Scott W from the  planning department as you heard in this   case the applicant is requesting approval of zone  change from tf3 to mf8 this item is being heard   today for a couple of reasons uh one there have  been protests received against the application and   two the district Advisory board and the Planning  Commission recommendations are different in terms   of the request the applicant has indicated that  they are requesting the zoning change so that they   can build two duplexes on the subject site so that  would be a total of four dwelling units the unique   shape of the subject site means that the site  does not meet the unified zoning code minimum   size setbacks for D two duplexes to be constructed  the mf18 district would allow for the for the   construction of the two duplexes because uh they  would all be built on the same zoning parcel which   would constitute all of the subject site in terms  of the proper prop the site is located at the   northwest corner of Clifton and Lincoln Street  it consists of two ownership Parcels all under   one ownership it is approximately 0.27 acres in  size Zone tf3 and currently undeveloped in terms   of context properties to the north south and west  are all Zone tf3 and developed with single family   residences property to the east is zoned PUD  custom zoning and is developed with a Convent   that is currently in the process of being removed  in terms of the staff report the staff report   provides additional information about development  standards in terms of review on July 25th the   Planning Commission held the public hearing for  this item and recommended approval of the zone   change request subject to a protective overlay  that the Planning Commission was recommending   the vote was 11 to1 the protective overlay would  require vehicular traffic to access and depart   the property using the existing alley which is  directly west of the subject site you can see it   here on the aerial two members of the public spoke  in opposition to the requested zone change with   concerns for current and possible future traffic  patterns as a result of the development on August   7th the district Advisory Board reviewed the  request and recommended denial of the zone change   request that vote was six to one four people spoke  in opposition to the zone change request at that   meeting citing increased traffic and Al alteration  of the character of the neighborhood multiple   protest petitions were received against the  application five of the valid protest petitions   submitted were in the protest area they accounted  for 22.6% of the protest area this exceeds the   20% threshold therefore approval of the zone  change would require a super majority or six   of seven votes in terms of the recommendation the  recommendation to you from the Planning Commission   is that the city council adopt the findings of  the Planning Commission approve the requested zone   change with the protective overlay authorize the  necessary signatures and instruct the city clerk   to publish the ordinance after approval again  that would require six of seven votes Alternatives   include the following you can override the mapc  adopt alternative findings and deny the requested   zone change that would require five of seven  votes or as always you can return the case to the   Planning Commission for additional consideration  that would require four of seven votes and again   a note about process that the public comments  generally occur at the Planning Commission meeting   with that I'll take you through some of the photos  and illustrations so here's a zoning map showing   tf3 this property does not show up with any color  uh because at some point it was considered right   of way the zoning administrator and this is  described in the staff report has interpreted   it as being tf3 based on the surrounding zoning  here's the subject site uh this is the uh site in   the comprehensive plan it's shown as residential  this is the graphic that was submitted as part of   the application by the applicant here is a map  showing the protest that were received some of   them were quite a ways out so we've zoomed this  one uh pretty far out we'll get uh closer here   well I guess not uh so what you'll see though  is that we have the purple and the green lines   showing the notification area and the protest  area and again there were a number of protests   within the protest area and it was over 20%  here are photos of the site and the surrounding area and with that I'll stand for any  questions questions for staff are there   any other duplexes or homes like that in the  area uh there certainly is the Zoning for it   um off the top of my head I'm not not aware  of any immediately but I do believe there are   some in that neighborhood and I will go back  to the map to show you the zoning um all of   the yellow that you see is tf3 zoning and that  would allow for duplexes to be built by right   on those properties I know that housing is the  topic that we keep talking about as something we   need in our community um and I understand that  there can you go back to the protest Zone sure   so we have protests on the yellow and the blue far  blue far yellow uh yes so what you can see here is   that uh there are protests that were submitted in  the yellow uh those were invalid for a particular   reason maybe it's uh that a couple owns the  property and they only had one signature as   opposed to both um the blue were uh protest  that were had all the necessary requirements   but uh we're outside the protest area and then the  green area is the protest calculation area and you   will see that there are some red properties shown  there and those are the ones that added up to over 20% council member hoisel have you had any  uh dialogue regarding this specific property   oh oh yeah we it was a somewhat contentious DB  meeting and a number of emails that came in um a   number of their concerns are also pertaining  to the safety of that corner if you drive   Down Lincoln Street and you hit the corner there  um there's limited visibility as it is and with   this property being right on the corner that's the  concern that we're going to put two two duplexes   in there um on a property that's really the size  of one and a half properties right next to the   corner so there's concerns with um visibility  there's concerns with traffic going on and off   the the uh Street there um there's concerns I  I'm not aware of any duplexes around there I'm   I'm sure there are but I'm I'm just not off the  top of my head being through that neighborhood   quite a few times aware of duplexes in that  vicinity right there so a number of concerns   that came from uh the community um I believe  some of them also had U like Scott said missing   signatures I know at least one couple who  they wanted to protest and just uh Miss   out on the opportunity didn't turn it in in time  so um yeah they got robust public feedback on it and if there's no other  questions I will go ahead and make a motion okay I move to override the mapc and  deny the requested zone change and protective   overlay in support of this motion I offer the  following findings the change in zone would not be   compatible with the character of the neighborhood  multiple neighborhood residents are opposed to the   rezoning and there are concerns about impacts  from the resoning on traffic safety at the   intersection second Motion in a second any further  discussion I see none Madame clerk please open the role motion passes 6 to one Madam  Clerk please call the next item Z 2024-25 generally located on the west side  of North Main Street and on the north side   of West 9th Street good morning again Scott  wle from planning so this is the zoning case   for the Mac in this case the applicants are both  usd259 in the city of witto the request is for a   zone change as you heard from tf3 to LC limited  commercial in addition to a protective overlay   that would go over the property to restrict  it further in terms of what land uses uh are   permitted as item is being heard today because  the district Advisory board and the Planning   Commission recommendations for approval both of  them were for approval but they are different   and I'll I'll explain a little bit more in just a  moment in terms of the request the zone change is   requested so that the site can be used for the  Mac uh service center in terms of the property   the site is generally located to the north and  west the intersection of 9th and Maine it's   approximately 4.64 acres in size and of course  developed as a school campus in terms of context   properties to the north are tf3 and MF 29 and  developed with a mix of single family and duple   duplex dwellings properties to the East are Zone  tf3 in our neighborhood retail B multif family   go general office and LC the tf3 zone property  is developed with a single family dwelling the   nrb go and LC properties are developed with a  range of Social Service organizations and their   Associated parking properties to the South are  Zone GC General commercial MF 29 sf5 the GC Zone   properties are developed with offices and a TV  studio the MF 29 and sf5 properties are developed   with single family dwellings property to the West  is Zone tf3 to family zoning and developed with a   path further west Al along North witto Street  properties are zoned Li limited industrial and   developed with manufacturing uses in terms of the  staff report staff report provides information   about parking screening lighting landscaping  and compatibility setbacks in addition the staff   report reviews includes a review of the proposed  protective overlay which only allows some of the   uses typically per Ed by right in the LC limited  commercial District in terms of review on July   25th the Planning Commission held the public  hearing for this item and recommended approval   of the zone change with the PO that vote was 11 to  zero one member of the public spoke in opposition   to this application with concerns about the safety  of nearby residents and trash on August 12th the   district Advisory Board reviewed the request  and recommended approval of the zone change   with modified language to the protective overlay  one member of the public spoke about this case at   that public meeting with concerns about the safety  of nearby residents the dab recommended language   for the PO would remove Correctional placement  residents limited and general from the list   of permitted uses and just a quick note about  that so Correctional placement the definition   in the unified zoning code for Correctional  placement residence generally means a facility   that provides residential Andor rehabilitation  services for those that reside therec generally   because they are involved with a court or legal  system residents in this case means that this   would be their home a place where people are  residing city of witcha Staff have indicated   that this use is not needed for the operations of  the mac and that they are supportive of the Dab's   recommendation no protests were received against  this application therefore the zone change can   be approved by a simple majority vote or four  of seven in terms of recommendation this is   a recommendation coming to you again from the  Planning Commission it is recommended that the   city council adopt the findings of the Planning  Commission and approve the request a zone change   with protective overlay as recommended by the  Planning Commission authorize the necessary   signatures and instruct the city clerk to publish  the ordinance after approval that would require   four of seven votes Alternatives include the  following you can override the Planning Commission   adopt alternative findings and approve the zone  change with a protective overlay as recommended   by the dab that would require five of seven  votes as always you can also override the   Planning Commission adopt alternative findings and  deny the zone change that would also require five   votes or you can always return the case to the  Planning Commission for additional consideration   which would require a simple majority of four of  seven votes and as always just a statement about   zoning cases that per city council policy the  public com comments take place at the Planning   Commission so with that oh I'll take you through  the graphics real quick you're very familiar with   the site but I'll go through this quite quickly  here's the subject site here's the Zoning for the   area you can see it's quite assorted here's  the map from the comprehensive plan showing   recommended for commercial in this area here's the  map from the Midtown community plan it shows it   as recommended for educational uses here's the uh  map showing the pro test area and the notification   area again no protests were submitted and  photos from the site in the surrounding area there quite a few with this one  quite the tour okay I'll stop there   and uh take any questions questions for  Scott I have one um I know that we had   some comments regarding loitering and so I wanted  to make sure that this is there anything in here   that prevents loitering to happen in this  specific footprint my initial answer would   say not in the zoning I think that will be uh  really more of an operations issue but let me   look back to Jr real quick and confirm yes okay  yeah that would be something more in terms of   operation and not the zoning I just want to  take that into consider consideration as we   move um to approve this that loitering would not  be allowed uh on this property uh per concerns   from Neighbors uh definitely don't want that  to happen here and I know it's an operational   procedure but I just wanted on the record  that loitering will not be allowed on this premise vice mayor Ballard thank you mayor thank you Scott um I move to  override the mapc approve the zone change and   protective overlay 437 as recommended by the dab  place the ordinance on first reading authorize the   necessary signatures and instruct the city clerk  to publish the ordinance after approval of the   second reading in support of this motion I offer  the following findings the removal of Correctional   placement residents limited and general will help  reduce potential detrimental effects to the nearby   properties and reflects changes supported by the  area stakeholders and dat members in addition the   applicant has indicated that its operations will  not be impacted by this change second Motion in a   second any further discussion Scott could you  just explain um the portion of the protective   overlay what that means oh sure so um LC limited  commercial it allows you to do a lot of things   with a site uh so you could have a business there  you could have a convenient shop you could have   all kinds of different retail the other thing that  allows you to do is it would allow the use that   is necessary for the Mac in order to operate so  part of the concern has been how do we how does   one provide uh approval zoning wise for the Mac to  operate but at the same time not allow for other   uh retail business business or something to H to  occur so uh that's where the protective overlay   comes in is that it restricts and eliminates  a whole host of potential uses uh that would   normally be allowed in an LC property but now  because of the protective overlay will not be   so in that way it helps provide some Assurance  to area residents that um if something was to   change in order to allow for some of the other  uses that they may not like as much there would   have to be a zone change that would have to be  applied for in a whole another review process   process so could you speak to the correctional  placement residents for Limited in general and   just basically say what that means yeah so um  that is a specific term that's defined in the   zoning code um it is generally considered  when there are two or more individuals at   a location uh that use it as their residents  and are in some way either generally ordered   there by the court or legal system now u  in this case the removal of it does not   preclude include people who have had um you know  maybe in their past at some point run-ins with   a legal system it it doesn't preclude them  from staying there as an overnight shelter   what it does do is it prevents uh people from  setting up uh an operation that would house   two or more individuals that are ordered  there by the court long term great thank   you so much we have a motion and a second any  further discussion council member Glascock okay I see none we'll open it uh Madam  clerk please open the rooll motion passes   70 thank you very much for the three items  regarding the map Madame clerk please call   the next item council member appointments  and comments any appointments council member   hoisel thank you mayor um I would like to  nominate Janet Johnson for the community   service block grant Review Committee um she  just recently resigned from crb so she is eligible I motion to approve second Motion  in a second any further discussion I see none   Madame clerk please open the rooll motion  passes 70 we'll now have council member comments I see n oh I see many vice mayor Ballard  thank you mayor I would just like to encourage   everyone to come join me for my River cleanup this  Sunday from 8: to noon we'll be meeting at the red   pedestrian bridge and we'll be trying to get all  the way to senica and all the way to 13th in mlan   on both sides of the river so we need all hands on  deck and the hot team is um helping us by letting   some of the people in the area know that we will  be around and passing out trash bags in advance so   um hope hopefully we have a successful uh turnout  and I'll see all of you there thanks vice mayor   council member ho Heisel thank you mayor um just  two points real quick um one can we get a maybe a   look and see what we can do with Lincoln Street  there now that the um the convent is going out   I know it's private property but what options we  have to just stretch Lincoln Street out through   there what would that process look like um and  the second thing is um in regards to the timeline   I know some people were uncomfortable with the  timeline for the U clubhouse at clap Park um next   Thursday is East Mount verden's last meeting until  next spring as a neighborhood association um all   the neighborhoods around there have neighborhood  associations who have been influential in the   process so far so I just wanted to just let  people know I'm not trying to stall anything I   really just want to make sure that we have a plan  we can go to the neighborhoods we can go to the   public around there and make sure we communicate  what we're looking for and also get feedback from   them as to what they're looking for in regards  to the part so just a little clarification on   that one regarding the timeline thank you council  member Johnson thanks mayor um I just wanted to   encourage us as a body um we ask a lot of really  good questions of our team um but the more we can   do on the front end and I'm not saying don't talk  about it at the council meeting but today we asked   a lot of specifics that I think if our team knew  they would have those answers when we talk about   what someone's paying right now for rent and stuff  like that and as we read our packets on Thursday   I've always tried to have a practice of getting  my questions out to submit it to staff before the   council meeting I still ask them whether people  like to answer or not um but just making sure   they're prepared to have that cuz sometimes it  looks like some of our team may not know when   they really do they just weren't ready with the  question and if we ask those questions up front   um and then highlight for the public like you  know we've already talked about this but this is   my question can you answer that I think it gives  more specifics to some of those answers because as   the mayor pointed out um before sometimes we'll  ask a question and then we'll get an answer and   email later and it's not in the public sting  but if we ask upfront and staff is prepared to   answer those questions then that question and  answer is all public during the discussion and   people can um hear that in real time and if that  Spurs another question that's a little different   but some of those specifics I think could be  answered and it's more fair to the public to   to hear those actual answers because we want to  know as well and that may spur some uh different   conversation but that's just a a thought for me  I I know that we like to get into some of those   details and the earlier we can do that the more  prepared they are uh to answer those questions publicly I see no further comments I move  to adjourn this council meeting second   Motion in a second any further discussion I  see none Madame clerk please open the roll   motion passes 61 who wants to stay after  council member Johnson have a great week e e e e e e e e e e e e e e e e e