to join us. Good morning, Witchah, and good morning to all of  you. Welcome to City Hall. I'm going to call this   meeting to order. Before we move on, I wanted to  recognize that we have a new city manager in 2026,   Mr. Dennis Marstall. I wanted to read a quick bio  so that you're aware of where he came from and how   he's going to be leading the city of Witchah.  Mr. Marshall was the assistant city manager   in Manhattan, Kansas in 2019 to 2021. He recently  was the county administrator for Lancaster County,   South Carolina since 2021. He was also a vice  president with United Way of Central Carolina,   chief of staff, assistant to the mayor, city  manager, budget and evaluation analyst as well   as development program manager for economics in  Charlotte, North Carolina from 1998 to 2011. He is   from Kansas, studied at Kansas State University  and the University of Louisville. With that,   we want to welcome the new city manager  for the city of Witchah, Dennis Marstell. We would like to now ask that you please stand  for the invocation and the pledge of allegiance.   Today's invocation will be provided by Reverend  Ben Staley of Chapel Hill United Methodist Church. Let's pray together. Oh Lord, we give you thanks and praise for coming  long ago and the promise that you will come to us   today and every day and even now. For we need  what you bring to us by your love and grace.   We ask that you come to us now to guide our mayor  Lily and council members, our new city manager,   and all of us to know how to best care for our  neighbors who are in need of food and shelter,   those who serve and protect and our police  department and emergency personnel. Help our   teachers, students, and administrators  as they're going back to school.   be with our families and give parents wisdom,  patience, and grace, and children the will to   show love and respect. Guide us to care for one  another with the same selfless compassion that you   have shown us. We ask you to guide this meeting  today that all we say and do will be pleasing   in your sight and in keeping with your plan for  our city. We pray it all in Jesus' name. Amen. I aliance to the flag of the United  States of America and to the republic   for it stands one nation indivisible  with liberty and justice for all. Thank you Reverend Staley. Madame Clerk, can you  please call the first item? Approve the minutes   of the regular meeting December 16, 2025 and  December 23rd, 2025. Council members, are there   any items to be edited from the minutes? I see  none. Madame Clerk, can you please open the role? Mayor, there would need to be a motion. Sorry.  I move to approve the minutes for December 16,   2025 and December 23rd, 2025.  Second motion and a second.   Any further discussion? I see none.  Madame clerk, please open the role. Motion passes 70. Madame clerk, please call  the next item. Awards and proclamations.   Today's proclamation is 931st Air Refueling  Wing Appreciation Day. May I please ask the   931st Air Refueling Wing and any of its  supporters to come forward at this time? The proclamation reads, "The city  of Witchah, Kansas, founded in 1870,   whereas the lineage of today's 931st  Air Refueling Wing began on January 15,   1963. And since its assignment to McConnell  Air Force Base in January 1995, the wing's   reserve citizen airmen have served the city  of Witchah and the nation with distinction.   Whereas the McConnell Air Force Base,  the 931st Air Refueling Wing provides   critical global air mobility and humanitarian  support as an integral part of team McConnell.   Whereas the reserve citizen airmen of the 931st  Air Refueling Wing train and deploy alongside   their active duty partners, strengthening the  Witchaw community through steadfast service   and total force integration. Whereas the  931st Air Refueling Wing generates an annual   economic impact exceeding $77 million through  payroll, local contracts, and purchases that   contribute significantly to Witchah's economy.  Now therefore, be it resolved that the Witchah   City Council does hereby proclaim January 15, 2026  as the 931st Air Refueling Wing Appreciation Day. I just keep my comments brief. on behalf of  the men and women of the 931st Air Refueling   Wing. It is a great honor uh to accept  this award and this proclamation. So,   thank you very much. Uh we live in an  amazing community and we have amazing   support from uh the city of Witchaw and the local  communities. So, thank you very much. Thank you. May I please also ask the Witchaw Chamber  of Commerce to share their support for   um our McConnell team McConnell as well as their  opportunities for the community to participate. Good morning. It is our pleasure as the  Witchita Chamber to uh support military   affairs, specifically the three wings at  McConnell. Um, as the proclamation said,   they are an incredible resource to the community  and the economic um, benefits that they contribute   to Witchah is second to none. It's it's really  something. Um, they do have a couple of ways if   you want to get involved. Uh there's a friends  of McConnell program which raises money to give   to the actual airmen at McConnell and we also  we have a military affairs um committee at the   chamber that if you have an interest we'd love to  tell you more about that. Congratulations again. May I please ask the city council members to  come forward to take a photo with the team? Thank you. Again, thank you to team McConnell and  the 931st Air Refueling Wing as well   Chamber of Commerce. Um, this is the 250th  anniversary of America 2026 and I'm really   excited that we're going to showcase all of  what's great in our community and our country. So,   thank you for setting the tone for 2026. Madame  Clerk, please call the next item. Public agenda.   The public agenda allows for up to five speakers  to have five minutes each to address the council.   No action will be taken relative to items on  the public agenda other than referral to the   city manager for information as necessary.  Speakers will please state their name and   address for the record. A time clock will display  the speaker's remaining time to speak. Order and   rules of decorum will be observed. The first  speaker today is Arthur Stokes Black Mold. Mr. Stokes. I don't see him in the room.   Madame clerk, please call the next individual.  William Typton, housing and police issues. Yes. Uh my name is William Tipton.  Uh I am myself homeless. Um, and the   issues that I have with being homeless,  one is actually being homeless myself,   but the fact that uh I have been told  not only by the police department,   but by everybody I run into that being homeless  in Kansas, specifically Witchah, Kansas,   uh, is illegal. Okay. But I have not yet seen uh  very many attempts to reduce the renting rates   uh of apartments, houses or what have you. Um,  I have not seen um any attempts at trying to   uh legally get people off the streets who wish to  be off the streets without having to arrest them   or something like that for being um homeless. Um,  I feel as if if you're going to close one door,   you must first open another. Okay? You can't  tell people it can be illegal to be homeless,   arrest them or what have you without first giving  them the opportunities to get themselves into a   home. Um there are homeless shelters, but every  time someone tries to go to a homeless shelter,   uh they are deferred away from it because of the  simple fact that they're told that they're full,   that they have no more room. um houses and  apartments um want three times the renting value   uh per place. But yet people in my  situation live on a fixed income   and have yet no opportunity to have three times  $1,000 rent um plus deposit and so on so forth.   So, I guess what I'm trying to say is I would like  to myself be able to be off the streets, but yet   I have no opportunity to get myself off of the  streets because there are no resources to do so.   And you know the police department does not  help because of the simple fact all they would   rather do is instead of arresting criminals  or ticketing uh people for actual crimes,   they'd rather go after the homeless and tell  them, "Okay, well, you can't sleep here. Uh   find another place to stay." But yet instead of  giving them another place to stay, they just shoe   them from one place to another. And then when  they find them in that area, they shoe them to   another. And they're not opening another door  without closing, you know, with they're closing   a door without opening another. And I feel that  that is unjust. And that's basically what I came   here to say. Thank you. Thank you, Mr. Typton.  Council member Hohheisel. Thank you, Mayor,   and thank you for coming and speaking before us  today about this issue. We definitely need to hear   from more people who have lived experience out  there. Um, we are working on it. the the second   light that's hopefully going to be um wraparound  services to help people navigate whatever their   issues are to get back into permanent housing. Um  we just had a groundbreaking a couple of weeks ago   for 75 units that will be attached to that. um  that we do have a sales tax um vote coming up   and a big part of that is affordable housing. Um  to be able to make sure that we do actually have   more housing that is built or rehabilitated that  could actually help lower rents and make it more   affordable for people. Um part of that could be  an additional 300 units of transitional housing   as well. Um we are working on it. Our our hands  are tied as far as rent control goes. That is a   uh issue that the state has preempted us on. So  that's not necessarily something that we can have   a direct impact on, but we are working and for the  first time ever, the city of Witchah actually has   its hands in the um trying to address the issue of  people who are going without homes. So we we are   working on this, sir. I I hate that it's taken so  long for us to even get to this point and we know   that we still have a ways to go before we actually  address it, but we are trying to work our way on   that one. Mr. Typton, first and foremost, um I'm  very saddened but also very disappointed. I'm a   board member of Second Light, which is located at  9inth and Main Street. And this council has made   a tremendous commitment over the last two years,  an investment that nearly reaches $30 million.   And there is room at the shelter for men and for  women over the age of 18. As a matter of fact,   on New Year's Eve, the shelter was available and  open. And I drove around the city on New Year's   Day and saw many individuals who were still having  tents in our downtown core, in wooded areas in our   south witchah. And it made me very sad that people  are not utilizing a service that this council has   invested in. There is still room available for  those that want to know. The shelter currently   is operating as an emergency winter shelter, which  means anyone can come in right now. And so I want   to make sure that information is accurate and  an emergency winter shelter at Second Light   at 9th and Main Street is open and not full.  Therefore, people can go there. And so again,   I'm very saddened that people are some are  choosing not to utilize the service, but there   have been many others who have, including the 92  men, 29 women in the Second Light shelter plus   services, as well as the 74 individuals who use  the emergency winter shelter at Second Light on   New Year's Eve and Union Rescue Mission, 63 indiv  individuals and that's just in one day out of the   year. And again, I want to make sure that people  know there is shelter space available. Therefore,   we need to make sure that individuals choose  to go to the shelter. Um, I would like to ask   housing director Sally Stank to explain what  Second Light and the multi- agency campus is. Good morning, council. Sally Stang with Housing  and Community Services for the record. So, second,   the Second Light campus is our efforts to create a  holistic um one-stop shop for people experiencing   homelessness to include wraparound services,  uh emergency shelter, as well as medical and   and behavioral health services on site. Now, we  are getting to a pivotal point of being able to   turn over that that project. Um, having this the  two-story building fully com well 90% complete   by next week. Furniture is moving in. Agencies  will be able to start moving in at that location.   In addition, we as council member uh Hheisle  mentioned, we just had the groundbreaking   for an additional 75 units new uh this is a new  construction 25 units for non- congregate shelter   and 50 units of permanent supportive housing.  Now, that is going to take some time. It's going   to take till early 2027 for the completion of  that stage. So, this is our community's attempt,   not just the cities. We need to bring everybody  together um to bring the resources necessary to   help people get out of homelessness. Okay.  Thank you very much, Sally. And lastly,   um I'm going to ask this to law because the  allegation was that Witchaw police go after   the homeless, and I know from speaking with Chief  Sullivan that that is not the case. Can you please   explain the illegal camping ordinance that the  city has had for well over a decade? Well, mayor,   I need to pull that up. I don't have it handy, but  um you're correct. The city does not go after um   homeless to arrest them. The city does assist them  and they work closely with the law department in   um developing policies that comply with the  ordinance. So, we do have an illegal camping   ordinance. Um, but I I just agree that the city  does not go after homeless to arrest them. Thank   you, Vice Mayor Johnston. Thank you, Mayor. Mr.  Typton, thanks. Thanks for coming and talking.   Appreciate that. Have you interfaced with the hot  team, Nate Doll? And I have and all they ever do   is turn around and basically move Well, like when  before I moved over to the Mark 8, um I had turned   around and been moved at least three times in one  day. Uh and I had kept my area clean, right? I   wasn't putting up a tape. I slept on a C because  I can't sleep on the ground because my back um and   I was being peaceable, but I was shuffled around  several times uh by the hot team telling me that   uh I was caught sleeping outdoors again that I  would be arrested. Okay. I tell you what, why at   the city council office they'll give you my cell  number. Why don't you give me a call and we'll get   some resources for you. Hopefully you can utilize  those. So thank you. I saw Sally pointing before   you actually leave. um you saw who the director  of housing uh is and she will connect you with the   individual who's raising her hand with the housing  department uh to make sure that you have a place   and again Second Life still has space available  and we want to make sure that people go there   and also get connected to services. Council member  Johnson, thanks Mayor. Um just wanted to say one,   thank you for being here, Mr. Typton. Um, two,  as we continue to have this conversation around   homelessness, um, I think it is very evident by  what the mayor said that we have a lot of work   to do. Second Light has a lot of work to do with  building trust and people are going to be in their   tents and be seen and be out there until they've  built enough trust with us to go into a shelter.   I don't think that that should be something that  we are um, upset by, frustrated by. I think that   should be just motivation to go do more work  and connect with folks to the perception issue.   Perception is reality. So we know how amazing our  hot team is and the members of our hot team, but   they also wear police uniforms. So if someone who  is unhoused sees basically an officer telling them   to move or that they are in a different space,  they then feel that law enforcement is moving them   out. That's a perception, but also it's a reality  that they are law enforcement. there's other   people working to help out. But again, we have to  acknowledge those realities that although our hot   team is amazing and officer Nate and everyone else  does a great job, some of the unhoused people just   see a police uniform and if they're being asked  to move, that is how they feel. That is what they   see and they haven't built that trust with all  of us yet. So I I would say that seeing those   tents out in our community, seeing people who  are sleeping on benches or in the sidewalk is   motivation for us to do more work to connect with  them on a human level, show them that there are   resources available, listen to the concerns we've  continued to hear about just shelters in general,   not one specific one, and then work through those  challenges. And I think when we build that trust,   we'll see less of those tents. But it's going  to be a a long-term effort. It's not just about   dumping $30 million into homelessness. It's about  spending that time to build those relationships   and bring people in and show that we actually do  care. And this isn't just get out of the way. We   don't want to see you. It's how can we help you  be um get back to where you were, help you be more   productive, achieve your goals, and that's going  to take some time. So, until we get to that point,   we're going to continue to see that. It's  unfortunate, but um we heard as we were getting   to this point, there was a lot of distrust, and we  have to work through that. So, as that continues   to be said, I just want to make sure that as this  narrative is out there, not everyone is going to   choose to be in the shelter. Not everyone wants  to be in the shelter and not everybody trusts   that that shelter is a safe space. We have to  build that trust. We have to earn that and it's   going to take some time and real effort. So,  again, I just wanted to to share my two cents   on that. We're going to keep seeing that until  we do the work necessary to get people in there. I'm just going to add two more comments because  I believe that this council has been one of the   most compassionate councils in uniting around  helping with a solution, not the solution,   but a solution towards homelessness. However, we  also have laws in Witchah. And the illegal camping   ordinance was established in 2013, well over a  decade ago. It was revised in December of 2024 by   a vote of 4 to3 and that ordinance says there's a  48 hour notice of a cleanup or immediate cleanups   on walking paths near bridges in front of doorways  at bus shelters on sidewalks. Citations only given   if there is shelter bed space available in the  community. And last, up to $200 fine for illegal   camping or community service at $10 per hour or  up to 30 days in jail, which was reduced from the   2013 ordinance, which would have been up to $500  fine for illegal camping or up to 30 days in jail.   So this council is very compassionate but  also understands the rule of law. And so I   want to make sure that we connect individuals  to Second Light where resources are available,   not just sheltering, but other organizations that  have partnered up to help individuals figure out   what is the next step that you need in order  to get housing. And so I encourage you, Mr.   Tipton to uh engage with the housing department.  They will be back there and we want to make sure   that you have a safe and warm place to stay  tonight. Council member Hohheisle. Thank you,   Mayor. Um just one more thing regarding  WPD. Um WPD does not want to really have   their hands in this issue. They they'd rather  be out there protecting and serving. Um, we do   have the hot team which I do think tries to bring  compassion as much as they can and resources. Um,   the housing department's getting more involved  as well. We do have an item on the agenda today   about adding more resources, I believe, through  the housing department through a grant. Um,   so we are recognizing that it's not just  WPD that has their hands in this issue,   that it is a citywide thing through all of  our departments, mostly housing as well. So,   um, I can understand people's, as  Council Member Johnson alluded to,   their fear when they do see WPD come out there,  and there's a lot of frustration with them, too,   as far as the lack of resources that we currently  have. So, I I do just want to give a shout out to   them as well. They're not looking to come in and  um just club people over the heads and move them   around. what they really want to do is try and  get people in the resources, try and um keep   our community as safe as they possibly can. So,  I I do understand how that can appear to people   at sometimes, but they really are they do have a  lot of compassion for people and they do want more   resources out here as well. So, I just one more  just that's all I just wanted to add on with them. Madame clerk, please call the  next individual. Um, madame mayor,   we don't have any other individuals that  have signed up ahead of time. That means   we have four spaces available for any  individual who would like to address   the council. Please come forward, state  your name, and also where you reside. Good morning. Um, Danielle Johnson, resident of  district 1. Normally, I would be here to rant and   rave and share some things about housing.  But this time, I'm here just to thank and   congratulate Councilman Johnson. I'm showing up  as a wife, not a constituent today. Oftentimes,   he has to deal with that at home. But, um, this  being your last meeting, I just wanted to thank   you. I did not get a chance to get to Winel's  tight schedule, but Crispy Cream Chocolate Donuts,   as you all know, he is a chocolate doughnut  eater. And a little note, um, your family is   excited to welcome you home and have you be with  us and drop off donuts to me and my job amongst a   number of things. Drop off and pick up kids. All  that to say, I see and we see your family sees as   a sacrifice that you've made. We are grateful and  thankful for all that you've done. Thank you for   leading with a steady hand, steady heart, and a  steady head. And we're proud of you. While we've   not always understood everything, and oftentimes  I' we've argued over sales taxes and homelessness   and all the things. I'm so grateful that you stood  up and took this role and have led our district,   our community, and a number of things forward.  So, thank you for that. And thank you all for   putting up with this incredible individual and  human being that in fact loves this community   more than we'll ever know. So, thank you for  your time, talents, and treasures. I love you. Thank you, Danielle. Council  member Ho Heisel. Thank you,   Mayor Danielle. Aren't you sure? Are you sure  you're not going to be here in three or four   months ranting and raving for us to take him  back and yes, get him out of your hair again?   He needs a job. Since I have the microphone,  uh, he needs a job. He needs a job. Thank you,   Council Member Johnson. Thanks, Mayor.  Just wanted to say thank you, boo. Thank you very much. We have  three more spots available. Good morning mayor and council members. My  name is Shiobani Hebser. My name is Tanya   Romesh. And my name is Vsha Van. Thank you for  the opportunity to speak with you guys today. We   are here to represent a student-ledd initiative  focused on improving access to health care for   residents in rural counties surrounding Witchah.  Witchah is a healthc care hub for South Central   Kansas. Our hospitals, specialty clinics, and  providers serve not only our city, but dozens   of surrounding rural communities. However,  for many rural canons, access to that care is   not limited only by the quality of our hospitals.  It's limited by one simple issue, transportation.   Through our research and outreach, we have found  that many rural residents regularly delay or miss   medical appointments, not because they don't  value their health, but because they don't   have a reliable way to get to Witchaw. Some live  over an hour away. Many counties have no public   transportation options. Others rely on friends,  family, or costly private rides that aren't always   available. Transportation, in this case, is not  just a logistical issue. It is a healthcare issue.   Our project aims to address this gap  by establishing a consistent scheduled   transportation service connecting rural counties  surrounding Witchah to major hospitals and   healthcare facilities within the city. This would  not replace existing services but complement them   providing predictable reliable transportation  for patients who otherwise might fall through   the cracks. In November of 2025, I presented  this proposal at the National Civic Speak in   Washington DC where I placed fourth in the nation.  That experience helped us refine this project and   demonstrated that this is not just a local concern  but a nationally recognized civic issue. We are   currently in the planning and feasibility stage.  We have begun conversations with NEM reliable,   a transportation service who directly run vehicles  and drivers as well as healthc care stakeholders,   southwestern Kansas hospitals, foundations and  community members. We are collecting data through   surveys to better understand need, demand,  and preferred routes. Today, we are asking for   your support and partnership. There are several  meaningful ways the city of Witchaw could help   this project move forward. First, connection and  convening power. The city is uniquely positioned   to help connect us with relevant departments such  as the such as the transportation department,   public health services, and possible grants  for funding. Even guidance on who to speak   with can accelerate our progress. Second, data and  planning insight. Access to non-confidential data   or planning expertise related to transportation,  healthcare access, or regional mobility would   help us design a service that is efficient  and realistic. Third, bringing awareness and   public leadership. By using her platform to  highlight that transportation is healthcare,   the city can help align community partners, health  care systems, and regional leaders around a shared   understanding of the problem and the urgency to  act. We found that nearly 30% of Kansas residents,   which is about 867,000 people, live in rural  areas where limited transportation access   creates significant barriers to receiving  healthcare services. This is a widespread   issue because it shows that transportation is  healthcare. We recognize that this is a complex   issue. Rural transportation challenges cannot be  solved overnight and no single organization can   address them alone. But we firmly believe  that progress begins with coordination,   partnership and leadership. Witchah already  serves as a destination for healthcare. With   the city support, we can help ensure that that  destination is actually reachable. As students,   we may be early in our careers, but we are deeply  committed to this work and to our community. We   are asking for your support, not just as policy  makers, but as leaders who understand that access   to health care should not depend on a zip code  or access to a car. We respectfully ask the city   council to consider providing a letter of support  for this initiative and to explore the ways   the city can serve as a partner as we continue  developing our project. Thank you for your time,   your service, and your commitment to the health  of Witchah and surrounding communities as well.   We would be happy to answer any questions you  guys have. Thank you very much for taking time   out of your school schedule to speak before your  council, the courage that it took, but also the   research that you've spent on this project really  warms my heart. Thank you so very much for coming   to a city council meeting on the first time of  the year and taking one of the public agenda   um spots to highlight something that is important  and that is healthc care access specifically to   individuals in our rural communities. So thank  you for your efforts and also congratulations uh   to Tanya for placing fourth in the nation at the  national civics be in 2025. Council member Glasco,   thank you Mayor. I can tell why you uh went  to nationals and so congratulations and I'm   glad that we have that talent from Witchaw  representing us on the nationals scale. I   would be happy to meet with you. One of your asks  was how can we connect you to other partners in   the community doing this work. So I would love to  meet if you after this go to the council office   um and just try to schedule a meeting with me.  Um I would love to engage with you all and talk   further about this. I know a lot of it involves  partnerships with our federal partners. some used   to work for the US House of Representatives and  so I'm happy to connect you with partners there   as well. And Witchaw only survives when our  rural communities around us survive as well   and when they're invested in. And we've talked  from this bench multiple times about what does a   regional transit authority look like and how can  we make sure that we're touching people outside   of Witchaw as the hub where people come in to  Witchaw for so many services. And so I would love   to continue the conversation and uh keep pushing  uh through civics and continue to educate your   classmates and peers as well. Thank you. Thank you  so much, Vice Mayor John Sten. Thank you, Mayor,   and thank you for coming. Appreciate it. I don't  know if you know, but I run Guadalupe Clinic, two   for your healthcare clinics, uh, right below the  FQC's. So, I'm very familiar with that space. I'm   familiar with the problem. Uh, we serve patients  all over the state and northern Oklahoma. Um,   it is a hard problem uh for poor people. Rich  people can get there, poor people can't. Um,   so any help you need connecting in any of  the providers and the FQC's, the clinics,   both hospitals, I know really well, if any help  I can help with you with that. I'd be glad to   do that for you. So, and a letter of support, I  most certainly will do that for you. Thank you,   Council Member Ballard. Thank you, Mayor. Thank  you so much for being here. Um, super appreciate   it. I would piggyback on Council Member Glascock's  uh opportunity to meet. a couple of us can meet at   a time. So maybe uh that would work out with  the schedules. Um the other thing I wanted   to mention is um it was when director uh Tan was  here from transit. They did a 90 to 100 day pilot   program with transit to get uh clients to their um  appointments with comare. It was all mental health   um related and they had about a 90% success rate.  So, we know how important transportation is,   but I'd love to provide um all of the statistics  and things from that pilot program that maybe   could could work into the program that you guys  are looking into. So, thank you again for being   here. That would be great. Thank you so much,  Council Member Tuttle. Thank you. Thank you. I'm   going to be a little redundant and also thank  you for being here and also very happy to meet   with you. My background is actually health and  public health and especially health equity. Um,   so I've dealt with transportation as a huge issue  regarding health equity for almost three decades.   I'm old. Um, it's one of the major reasons about  food deserts, right? It's not just getting people   to food, it's getting food to people. And so  we're really rethinking some of health care. Um,   so that's why tele medicine has become so  important. And so sometimes you actually do   need to physically see a doctor and you need  transportation, but then sometimes you don't   and you can utilize services. So that's why also  having connectivity and making sure that we have   fiber optics all across the state, right? So it's  a very complex issue. I'm the past president of   the Kansas Public Health Association and this  is something that they might be interested in.   Um they don't necessarily have funding, but they  could serve as a fiduciary agent. If you haven't   established a 501c3, you can't go out and get  grants unless you have some place to deposit   the check, right? So happy to when you go get  everybody's contact information. I'd love to meet   with you. Good luck and thank you for all you're  doing. Thank you. And lastly, can you just share   what grade you're in, each of you, and why you  decided to take on healthcare as your project? Hi,   I'm a freshman and I go to Witchaw Collegiate  and I chose to take on this project. As I said,   I applied for the National Civic Bee last  year, and the topic that I thought was the   most prevalent in Kansas um was rural healthcare.  My mom works at the Veterans Hospital here in   Witchah, so she was also able to back that up.  And while doing research on rural health care,   I was able to see how not only is the quality of  the healthcare in rural areas not as good, but the   transportation to get to a hospital is also a huge  problem. So, I decided to zero in on that aspect   and create a solution for that. Hi, I'm VA Conan.  Um, I'm a sophomore and kind of similar to Tanya,   I got into rural healthcare mainly because I was a  volunteer at the Veterans Association Hospital in   Witchto, Kansas. And I was talking to a lot of  patients that had driven like almost two hours   from like any rural communities mostly just to  come to the VA for a regular checkup. And that's   really what kind of surprised me and shocked  me. So that's like kind of what made me want to   go into rural healthcare, just understanding that  these communities struggle so much compared to us   like just for the most basic healthcare services.  My name is Shiovani Hebser and I'm a junior at   Witchah Collegiate. Currently I serve as the  president for Kansas HOSA which is an organization   dedicated to students interested in healthcare or  healthcare related fields. And as this president,   I've connected with many hospitals, students  across Kansas, even the most rural regions,   and they've talked about how healthc care isn't as  available in their community, which has helped me   recognize that this is an issue that needs to be  solved. Thank you, Council Member Johnson. Thanks,   Mayor. I just want to say each of you is amazing.  Uh you are doing some incredible work. I was   not doing that at your age. Um, but I want to  encourage you to go as far as you can with this.   But at some point, think about holding political  office. We need more smart people who understand   issues like you do to be in office and not folks  who say that they do and they make things worse.   So all three of you have the potential to do great  things in what you're doing now, but also that   someday hold a seat and make those healthc care  decisions and give your expertise to folks who   have votes because that's the way we see change in  this country. So I just want to encourage you to   do that and keep doing what you're doing. You are  amazing. Thank you. Thank you. Again, thank you   Vaia, Tanya, and Shiobani. really appreciate you  three for speaking before the council at a city   council meeting and sharing your passion towards  health care and providing access especially to   those in our rural community. So, thank you all  very much. I do want to give a quick shout out   though. Uh in 2025, Witchah was recognized as the  best city in America for veterans healthc care   and that was an accolade that this community  along VA received. And then just yesterday,   um, Senator Moran shared the $222 million  investment for Kansas Rural Hospitals. Um, and the   Centers for Medicare and Medicaid announced that  Kansas will receive $222 million for the first   year of the rural health transformation program.  So, I am going to follow through and connect you   with the senator's offices uh here in Witchah uh  for Senator Moran and Senator Marshall and make   sure that you have the opportunity to present to  both of them um and their Witchaw representatives   here. So, thank you very much again for coming  today, Council Member Ho Heisel. Thank you, Mayor.   Just one more thing. Uh we got a lot of boards  um to get involved in on the city level. I would   recommend looking into those. We have uh mayor's  youth council. We also have openings on a number   of our district advisory boards for youth members.  So, please stay involved. Get more kids who are   like-minded and active like you guys are um to get  involved as well because we we need that sustained   um throughout our our city and throughout your  guys' lives here. So, please uh thank you for   everything that you're doing so far and please  please stay involved. Yeah. Yeah, of course.   Thank you. Thank you. if you don't mind providing  your email addresses to the clerk. She will then   be able to share all three of them to all seven of  us. Thank you. We have two more spots available. Good morning. Uh your first day, your last  day. Um congratulations to both of you.   Um, I'm going to keep it really, really  short and sweet. Um, consent agenda item   14. I hope that you can pull that so that  there is public comment on that. And, uh,   I would just like to thank you for  funding another consent agenda item,   um, the sidewalk fund because I know in  my neighborhood that's used often. So,   thank you so much, Council Member Tuttle. Thank  you, Faith. Thanks for being here. Thanks for   your service on my district advisory board. At  agenda review on Friday, we already said we're   going to pull that item. That is correct, Faith.  At the agenda review, I said I would be pulling   that item and so I will be following through  with that. We have one more spot available. I see none. Thank you all very much for  addressing the council and public agenda. Madame Clerk, can you please call the next item?   Consent agenda items 1 through 27. As I  mentioned at the agenda review on Friday,   I'm pulling agenda item number 14. Are  there any other items to be pulled? I see none. I move to approve the consent  agenda items 1 through 27. without agenda   item number 14. Second. We  have a motion and a second.   Any further discussion? I see none.  Madame clerk, please open the role. Motion passes. 70. This is agenda item number  14, the settlement agreement. Hon from the   staff will be able to share what I had asked  at the agenda review which were the timeline,   what occurred, what won't happen again, and how  the first mispayment happened. Good morning,   Mayor Council. Jennifer Magna, City of Witchah  Law Department. Also with us today here is city's   outside council Blake Short. Um, the item before  you today is a recommendation for your approval   of a settlement agreement of a lawsuit that  is pending between the city of Witchah and   Genesis Health Clubs Management LLC. Um,  you'd ask for a timeline that a timeline,   mayor. And so the first item is when this item,  this building was built. This is a building built   and owned by the city. The Witchaw Ice Center  was built in 1996. Um, skipping ahead to 2010,   um, the city issued a request for proposal for  professional management of this, um, building um,   in March of 2011. Um, the city entered its first  agreement with the Genesis Health Club management.   um for just professional management services  for the ICE center for management fee with   incentives and the city agreed to building  improvements in a very similar agreement   later that year. This came before council in  December of 2011. The city and Genesis entered   into a 10-year professional management services  and fitness center development agreement. Um,   this agreement was similar to the one from March  of that year, but this added uh the provision   that space on the second floor of the ice center  would be repurposed from a restaurant style area   to a fitness facility and locker rooms in order  to further diversify recreational experiences   and utilize the ice center. And the terms of  that agreement, again, similar to the 20 the   the March of 2011 agreement, the city agreed to  issue um however this was where it's different.   city agreed to issue general obligation bonds of  750,000 to be advertised over a 10-year period.   The debt payments were guaranteed by Genesis and  Mr. Rodney Stevenson. Genesis was allowed at its   expense to install and maintain fitness equipment.  Uh management fee was set forth in that agreement   with percentage of receipts from fees. And if the  agreement were to terminate before the final bond   payment was due to the city declining to renew,  Genesis would be released from paying any further   debt service obligations. So, skipping ahead to  fall of 2016, that was when the city first or when   the city issued the debt the general obligation  bonds in the amount of $750,000. that made the   first debt service payment due from Genesis in  2017. Under the timeline then in June of 2017   um the city invoiced Genesis for the first part  of that debt service payment in the amount of 14,   $127.65 um for that general obligation bonding  and that payment was then made by Genesis   um for that $14,000 amount um in June of 2017.  Um then in June of 20 or summer of 2018 um the   the chiller that was in the ice center failed and  this is referenced because then the city issued   a contract with Waldinger Corporation for the  design build agreement for replacement of the   chiller and not just the chiller but the chiller  plant system, the pipes, the electrical, the the   whole system. That work was supposed to be done by  2019. And this is mentioned only because Baldinger   is then a subsequent and second defendant in the  lawsuit that is still pending today. Going back to   the timeline, in 20 September of 2020, the city  issued a demand letter to Genesis for $256,576 for debt service payments from the period  of 2017 through 2020. In September of 21,   the city notified Genesis that the  agreement would be not renewed,   would not be automatically renewed and  would be cancelled effective January 24th,   2022. And then in April of 2022, the city sent  Genesis a letter asking it to remit $363,124.64 to settle the outstanding financial  obligations under that contract. And   that includes the offset for credit that was  owed um under um the um operating expenditure   provision. So the amount was 363,000 a  little over that. And those are a series   of the the payments that were scheduled and uh  missed under the debt service um amortization. Then the next thing in the timeline is in  May of 2022, the city filed a lawsuit seeking   reimbursement of this financing due and owing by  Genesis under the agreement and we sought payments   that were due more than three years prior to the  filing of the lawsuit. We um then filed second   and third petitions under that same lawsuit  to expand the claims and then add Waldinger   as a second defendant for damages related to  the chiller contract that was entered into.   Then on the timeline and this year, November  of this year, the district court evaluated   and interpreted the contract um from um the 2012  agreement um that said, "Here's where your damages   are. Your damages are limited to the three years  going back from the cause of action that was set   forth in section six 14.1 of that agreement." And  so the damages are limited um under the agreement,   under the facts, and under the case law. So that  uh is why we're making this re recommendation   for this settlement in which Genesis would pay  $200,000 which is about the amount of the damages   that are available under the contract based on  the court's ruling. So we have two issues. We   have the lawsuit with the claims against Genesis  and the lawsuit with the pending lawsuit against   Waldinger. um that is for a larger amount of  damages than the ones against um Genesis just   for the management contract. The claims against  Waldinger are are substantial and we're pursuing   those. So that brings us to the settlement  recommendation. It's the city's recommendation,   city law department's recommendation that the  city consider this settlement and authorize the   mayor's signature. Available for questions.  I also asked a question uh via email to you   regarding an article that was written by Mr.  God in the Eagle yesterday and he referenced a   $2.6 million uh amount that is owed. Can you  please explain that number and that number   not showing up in this timeline? Um I'm not  sure what Mr. Goer's recommend referring to,   but I'm assuming it's the Waldinger um  damages. And Blake Stewart from Hutton Hutton,   our outside council, is here. I'm going to ask him  to talk about the calculation of those damages. Good morning, mayor and council members. Uh,  so the question was about the damages that were   referenced in an article of about $2.5 million.  That is a current total that's going to probably   continue to be amended as this lawsuit proceeds.  That is totally separate from anything related to   unpaying bond payments. That is exclusively  related to cost for the damage to the ice   center and the ice maintenance and ice chiller  equipment. As was referenced in the timeline,   there was a design build agreement enter into  with Waldinger. That work was done. Over time,   as the public knows, uh there's been issues  with the ice center identified with the ice   maintenance and ice chiller equipment. So,  there's been repairs done. There's an expert   witness involved on behalf of the city in this  litigation. And so, we're attempting to quantify   as the case proceeds what the overall damages are  for that in terms of cost to fix the equipment,   economic cost to the city, and so on. So, there  has been an estimate of about $2.5 million and I   will not be surprised if that amount continues  to increase as the case goes forward against   Waldinger. Thank you, Mr. Short. Council member  Glas. Thank you, Mayor. A few questions to start.   So, going to the timeline, it looks like there  was one payment made in June of 2017. Is that   correct? That's correct. And so for four years,  we didn't send anything out till September of   2021 demanding the cancelling of the contract.  Correct. That's my understanding. Yes. In that,   and this might be a question, how many fail safes  did the city have to get to that point? That might   be a question for legal or a question for somebody  else. How many things had to have failed for us   to not have collected a payment in four years?  Mayor, council, I'm to the best of my knowledge,   I mean this the city staff managed this and I  don't know of the process that was in place.   I believe billings were sent. I can only um say  that staff man handled that and I don't know what   do we know what department that was in? Um it  was managed by the parks department park. Okay.   And then in addition to that, what have we put  into place since that to make sure that these   contract failures to enforce invoicing um will not  continue? Yeah, I'm not the subject matter expert,   but I know that finance is instituted or is  instituting and Mark can clarify that there   is more of a centralized management system for  accounts receivable and accounts payable. I don't   know where we are on that timeline, but I know  that that is a process that is going and Mark,   could we maybe talk about that some and about when  that's implemented, how that's been implemented,   and how we'll make sure that this doesn't happen  again when it comes to future contracts? Uh,   yes, sir. Council member, excuse me. Excellent  question. Uh, the events that Jennifer outlined   here took place under our old model in which  uh contract administration was delegated to   departments as was the accounts receivable process  in effect. Uh, we have modified our procedures as   you know over the last year or so. We've done  a lot of planning. We haven't implemented them   correct or yet. But that's based on two management  changes which I think probably would have   addressed some of the situations that occurred in  the past on this one. And as Jennifer mentioned,   first that's centralized contract management.  We did not have that when this contract was   originally approved and was managed. Uh we are  in the process of implementing that. Uh all of   these were in in the process of doing uh sort  of in a cohesive manner. It does take a little   bit of time to do it right, but had we had a  centralized contract management system, we would   have monitored that contract perhaps a little bit  uh better and we probably would have maybe had a   little bit different outcome. So hopefully that  system will obiate the probability of anything   like this occurring in the future. Second thing  is accounts receivable. As I noted our accounts   receivable model was completely decentralized.  Uh we are taking steps to centralize that. Uh   in the past again finance's responsibility  was to basically print invoices to vendors   based on information departments fed us and was  to record any collections departments received   in our system. Uh we will change that model so  that the finance department is responsible for   the accounts receivable process from end to end.  Again, that's related to centralized contract   management also and uh hopefully that'll enhance  our collectibility of receivables and things   of that nature. So, and that was a bud budget  decision made by this council in August of 2024.   Correct. That is correct. Change the process. That  is complete completely correct and we are in the   process currently of implementing that. It's  it's complicated and the other complication is   uh electronic timekeeping as you know which is  so we basically have three projects all going   on at the same time that will transform our  management of these issues hopefully sometime   later this year in the interim while we're  waiting for that process to be completed.   What safeguards do we have to make sure that  this doesn't happen with other contracts as   well? We've already started particularly on the  accounts receivable side we've done maybe what you   might call a soft roll out. we become much more  uh involved in the accounts receivable process   over the last six or nine months. I have a  fantastic city treasurer, Shayla Franklin,   and she's done some outstanding work in that  area. Uh we are much more involved in that. We   coordinate much better with departments. Uh and so  we we we haven't waited for centralization to uh   achieve better results on the accounts receivable  side there. Uh again, contract management. Uh   we had hoped to procure some software to launch  that. We ran into some problems there, but we're   still pursuing contract management. You should see  something in that regard hopefully within the next   uh few weeks as we try to uh try to move forward  on that. Okay. Thank you. I appreciate all the   work that we've done on that. I think it  is a step forward and a change. And so,   thank you for leading that for staff. Probably  have one more question for Jennifer. I don't want   to steal all the questions from my colleagues.  We talked about the chiller and the challenges   with the chiller. Can we also talk about the  uh destruction of additional property that was   done at uh the ice center as well and maybe the  move out? Um I'm going to refer that to Blake   because he's done the discovery on that and can  answer that better than I can. Okay. Thank you. Yes, Council Member Glascock. At the time  the Genesis moved out of the eye center,   I believe there was some flooring, uh maybe  a couple locker doors and some ballet bars.   Uh just a few miscellaneous items that were  taken in the course of Genesis um removing all   of their items from the premises. Um, so that  was the economic tabulation of that was not   particularly high in terms of monetary damages.  Um, and so that was a claim that we preserved   in the lawsuit if it were to get to a trial, but  it's being factored into this proposed settlement   agreement. It doesn't change the equation too  much in terms of the dollars and cents of the   agreement. Okay. Thank you. Thank you for both the  answers. It's all the questions I have right now.   Council member Hoheisel. Thank you, mayor.  Um I don't know, Reggie, Mark, um Jennifer,   one of you. Um I'm curious about this process that  we had set up. So if it is in the parks department   and they have issues, we don't put it on the parks  department to try and recoup the money, do we? I'm going to refer to Mark on that one.  On how it was then, I can't say. Yeah,   I'm curious about the process. How it was. Sir,  you're talking about the uh invoices that were   sent for debt service payments and the lack of  payments. Yes, sir. Our model at that time, yes,   was that responsibility was completely upon the  department that was administering the contract   or the receivable and uh obviously finance is  able to assist with collection techniques and   various things like that. Uh but in that time  period we deferred to the department that was   responsible for administering the contract or  the department which was the same one in this   case which was responsible for the receivable.  Is that was that a written policy or was that   just kind of how we did things? Uh that was the  way we've operated for many many many many years   until recently as I mentioned to council member  Glascott. So what would the process have been if   the parks department said okay they are missing  these payments they make it known to people would   they reach out to you would they reach out  to city manager's office legal department   uh typically in that time period when a department  had a receivable that they had tried to collect   and were unsuccessful they they would proceed to  the collection process and again we have a number   of tools in the finance department as do some  departments and we had we been asked we would   have assisted them with the collection process or  they may have done it on their own. I don't know   if that occurred or not. Uh we were not involved  in any of that. They never reached out to us,   but that's typically how it should have done. They  should have been familiar with their receivable.   They should have sent invoices out, which they did  to some degree. If those invoices were not paid   in a timely manner, they should have implemented  collection procedures, at which case we would have   assisted them had they asked. And that's how the  process typically worked during that time frame.   And you to your recollection you don't have  any information of them reaching out to   um for help in this process. From the best of  my recollection uh we were never involved in   any efforts to attempt to collect any of those.  We being the finance department. I can't speak   to the efforts park department may or may  not have made. Uh but again we would defer   to the department that was responsible  for administering the contract. Ready? This uh preceded me being in my current role.  Uh so I can speak to where we are now and how   we've been working on the process since uh  September of 2024. So we work real closely   with the finance department as well as with public  works. We have monthly meetings with the vendor.   We go over the budgets that they have each month.  We look at repairs that are needed for the center   itself. Have a approval process in place that  anything that's above $5,000 that need repairs   is approved to us and our public works department  is involved in that procurement process to make   any payments. So, anything that's related to  any accounts receivables, accounts payables,   we work directly with Mark's team and meet on a  monthly basis. Okay. So, I this is before you were   the the head guy of the department. Do you have  any background knowledge of any of this process?   I do not other than that we managed it internally  like Mark mentioned but I wasn't involved in the   process at that time with any of the account  receivables or payables. Do you know if we had   reached out or had conversations with the rest of  the city hall the rest of the other departments   about collecting on on this debt? I couldn't  give uh information that would be factual on   that because I wasn't involved in the process.  Okay. I'd be interested to to see on that one.   That's all I have for now. Council member Ballard.  Thank you, Mayor. Jennifer, is it typical for the   city to put settlements on the consent agenda?  Yes, council member. Under the city ordinance,   we have a set regular agenda. It's under section  2.04. And that regular agenda says here's what   is typically um set for consent. And there are  multiple categories that's adopted by ordinance.   Um those items are traditionally set for consent.  Of course, like the mayor did at um at the agenda   review, the mayor, vice mayor can pull things  for discussion and that's the process that we   have. So this settlement agreement is one of the  categories that are typically start on consent and   then they can be pulled as you do sometimes. So  this specifically was not buried in the consent.   There's been a lot of chatter about that. I  just wanted to clarify this is our process.   If you want to pull it or somebody wants to pull  it, they're is followed by ordinance. This is this   followed the city ordinance on the the regular  agenda and the consent agenda. And the process   was followed exactly as the ordinance provides.  Great. Um just to clarify, this settlement is   completely separate from the chillers and all  of that damage. Thank you for clarifying. Yes,   that is right. As Blake said, this is separate.  There is a pending lawsuit with two defendants.   This would only settle the claims against Genesis.  It would not settle or or affect the city's claim   against Waldinger for the chiller damages. And  can you remind us again how much we are by law   allowed to collect? Um due to the the facts  um the provision of the contract and the the   ruling by district court under case law um I think  our maximum damages are slightly over 200,000. I   think Blake can correct me if I'm wrong, but I  think the very very max would be $219,000. Um,   and that is if everything goes, I think perfectly.  Great Blake's nodding his head. So, around   $219,000 best case scenario under the facts, the  law, and and the contract that we're operating   under. So, where does the $17ome,000 number  come from? I can't speak to that. Okay. Um, what happens if this does not pass today? If this  is not passed, the the lawsuit will continue. The   city will have to proceed with the case. Um  it will be set for trial in district court   um probably in 2026 and we will pursue the  damages that we are left which def left which   with to pursue which is only like I said at the  maximum about $219,000 in the best case scenario   and we will we will pursue those damages. At the  same time the city will of course pursue damages   against the other defendant for the chiller  damages. And my last question is, um, who's   to say that they make the $200,000 payment? They  obviously don't have a real good track record of   making payments. So, how do we ensure that they're  going to pay this time? Okay. Like any settlement   agreement, um once a settlement agreement is  executed by both parties, it's easily enforceable   by a motion to district court if the payment were  not to be made promptly upon the agreement being   signed and executed. Um it's something we just  go to district court and enforce as part of the   deal. Thank you. That's all for now, Council  Member Tuttle. Thank you. Thank you, Jennifer,   for answering all your questions. Thank you,  Blake, for being with us today. Thanks, Mark, for   answering questions as well. Um, I know this is  pending litigation, so I want to be very careful   in the questions that I ask. So, if I ask anything  that crosses a line, please feel free to tell me.   Okay. Thank you. Um, can you please just tell us  I I want to talk a little bit about the process   just so the community understands? Um, so how did  we get to this point? Were there mediations? Um,   were council involved in those? Were there  sessions afterwards where we were briefed? If how   many mediations? How did we get to the point where  we have a settlement agreement on this agenda for   $200,000? Thank you, council member. This is  typical the way lawsuits progress. This lawsuit   was filed in May of 22. Um we then um in I think  August of 22 entered a formal mediation process   where we always have a council member present.  Um we engage with you as um uh city council in   briefings on these cases. We keep you updated on  litigation. Um the litigation has progressed. We   filed additional lawsuit, additional claims. Um  we are now at the point where we have recommended   this as a t it's a tenative and proposed  settlement agreement and we're asking for your um   approval based on the facts and the recommendation  that it's in the city's interest to okay to make   this. Thank you. Um council member Ballard just  stole my question. What happens if we don't? I   I just want to say this ask this again and I'm  being redundant but I think this is incredibly   important. This settlement agreement for today is  for $200,000. That is correct. If we said we're   not going to settle and we moved forward in that  direction, the maximum amount more that we could   get if everything went perfectly in our way is  $19,000 more than this. More than this and I   will say um that is you know there's uncertainty  at trial. I mean that is the best case situation.   That would also failure to settle today would  also leave open the claims that the defendant   has against the city. That was going to be my  next question. Jennifer, thank you. Does Jenn   Genesis have a counter suit against us? It does.  And it's my understanding it's uh 1.86 million.   Is that correct? That does correct. Okay. So, if  we did agree to this today and not risk gaining   $19,000 more, then the lawsuit from Genesis could  move forward and we could potentially we would   need to be defending those claims going forward.  If we settled, we we agree on this today. Does   their counter suit go away or what what happens to  their counter? It resolves all claims against the   city. Okay. Yes. So, we're risking possibly 1.8 86  million to get 19,000. That's correct. Thank you, Vice Mayor Johnston. I'm going to go out of order  so that every council member gets the opportunity   to ask questions and then go back to the board.  Vice Mayor Johnston. Okay. Thank you. Didn't want   to jump in front of you there, Mike. Sorry. Um  Jennifer, how much staff time have we put into   this lawsuit so far? About if we'd only logged it.  I mean, I think it's fair to say hundreds of hours   because there there's not just law department,  but there's finance, there's public works,   there's park staff, hundreds of staff hours  easily. Yeah. How much have we paid Hutton and   Hutton so far? Well, Hutton and Hutton is um  handling this on a contingency fee basis. So,   we have not spent any city money on this lawsuit  paying outside counsel. Okay. If we do settle, do   they get a part of that settlement? Um, not of the  Genesis portion, but of the Waldinger portion. The   Waldinger settlement. So, we get the full 200,000.  Okay. If we did take this to court, how much more   staff time would it would it take? I'm gonna  defer to Blake and see how much more is left,   but I think it's substantial. I don't I can't  estimate that without him. Of your staff time,   not so much Blake. Of our staff time. Oh, I mean  weeks of time to prep. I think fair to say working   with Blake and that's not counting other city  staff. So substantial cost to litigate this. Yes.   As far as the city's as far as city's time and  resources. Substantial cost. Okay. Um you already   answered the question. What's the best outcome?  Councilman Tuttle said that $19,000. Um how much   would we expect to spend in defending the claim  of 1.8 million against us? You know, there are   other fees um and costs to that litigation. I'm  gonna turn to Blake and see if he has an estimate. Council member Johnston, I appreciate the  question. Um, and Council Member Tuttle had   a question too that I think is related. I think I  could summarize the whole thing uh globally in a   way that makes the most sense in terms of pros and  cons of where we're at in this lawsuit right now.   So, the best case as far as Genesis goes is  that we perhaps get another up to $19,000 of   contractual damages. Uh, the worst case is we  do not collect the money that we have offered   right now that we lose the $1.8 million in  asserted counter claims uh in whole or in   part. The management agreement that we're suing  under has a loser pays attorney fee provision. So   if we did not proceed with this settlement today  and later the award against Genesis was less, we   could be forced to pay significant attorney fees  for Genesis's council for in essence not obtaining   a judgment against them that was more than they'd  already offered us up to this point in time.   So, we have Genesis attorney fees, we have  $1.8 million in counter claims, and we have the   potential loss of the money that is being offered.  All weighed up against potentially getting up to   $19,000. But most importantly to me is interwoven  in all that is this is a large lawsuit and it   started as a lawsuit with Genesis. Over time, it's  become also of significant importance a lawsuit   against Waldinger for seven figures in damages  to this ICE center that all of this when you   have multiple defendants in a case, all of that  strategy matters. And without getting too much   into that, but this is clearly in terms of the  city's interest and the taxpayers's interest, um   this is clearly the item that removes risk and has  the potential to place the most money in taxpayer   pockets. And in terms of additional costs moving  forward, if we have to defend the Genesis claims,   um those were not originally contracted for by  my office since my office is on a agreement to   pursue claims for the city. So, if we got involved  in defending claims against Genesis, um that could   be additional costs that could be incurred to hire  us or a different firm to do that in addition to   all the significant staff costs. So, there's a lot  wrapped into this in terms of the pros and cons   and how this entire lawsuit is being handled. I  I just want people to understand too what I think   you're saying is the lawsuit initially was after  going after Genesis for the failure of the ICE at   the rank and over time the discovery correct me if  I'm wrong that discovered was not true that it was   the fault of Waldinger and that's the claim we're  pursuing now is against Waldinger. Exactly. when   I got involved and um we were we had the case with  Genesis as the only defendant. Then as the damage   to the ice center became more and more known, they  started looking into and consulting with experts   more about their responsibility for that. And  without getting into all of that, um especially   since discovery is ongoing, um we had preserved  claims against Genesis for that at the beginning,   but over time now with expert input, we've now  added new defendants and are pursuing those   damages against them and not against Genesis.  Okay. Thank you, Council Member Johnson. I'm allowing everyone to ask their questions  first and then second round of questions. Oh,   I didn't have a question. Uh, I am speaking  because I was challenged at my last breakfast   to say what I think before public comment. Um, so  I think that this is a tough situation to be in.   the facts that you have laid out and the facts  that that we know are that we risk everything   that council member Tuttle talked about and what  you did as well without settling today. It sounds   like the money in hand uh from a settlement  would be a responsible decision for the city.   Um, I am anxious to hear what others may think  that would counter that, but just from what you've   laid out and the fact that we know, um, I'm trying  to be careful with ongoing litigation. The fact   that we know that we are in a suit with Waldinger  and what that is about and the amount to me shows   that if if today we were to go forward with a  settlement and also everything goes well with that   lawsuit, we would collect um enough of the damages  that we have received as a city. So didn't have   any questions, but just what I was thinking in my  head and to honor my commitment that I would speak   about that before public comment. My question  is for Bob. We're going back again. Uh this is   really two different issues. One is specific to  this contract with Genesis. That's right. But   then my problem is the process. I want to know  who drafted the initial contract back in 2012   or 2011 when the city decided to provide a loan  of $750,000 for a bond. Yes, mayor. At that time,   the the March of 2011 agreement and then the  subsequent one that's the current one were   negotiated by the parties. They were negotiated by  then park director and Genesis. those terms were   were negotiated um and that's how the terms were  included. Um law department provided um services   to finalize the agreement. So you're telling me  that it was really just the parks department and   just some consultation by law. I want to know whom  because the contract itself had this three-year   look back and or you cannot claw back three three  years prior. C can you explain who drafted that   portion in the contract because again I think  community wants to know if a loan is 750,000   the expectation is you're at least going to get  the principal plus some interest. Can you please   explain who drafted that contract? Yeah, I know  that different attorneys in our office worked on   it. I wasn't here at the time, but I do know that  those terms were negotiated by the parties and not   by the law department. And when negotiations like  that happen, does the city manager get involved?   Yes. Who was the city manager at that time? That  was Bob Leon. Thank you, council member Hohheisle. Thank you, mayor. Um, along those those lines,  the only question I had was that three-year uh   lack of clawback, is that common? No, it is not.  It is not common. Okay. Thank you. Council member   Glascock. Thank you, Mayor. Few questions. If this  were to go to a trial, it would be a jury trial,   bench trial. Jury trial. We agreed for jury.  Yes. Jury trial. Yes. So, that would require   open testimony, cross-examination, witnesses  on stand. Absolutely. That entire process. Um,   as part of the settle agreement, is there a  public apology from the defendants? No, that   is not. Okay. And then in addition, so you said  that the court has ruled that the max amount that   we could have is 200,000. Yes. Is there a is it  appropriate for council because or sorry 219,000?   Yes. And the legal consideration is a settlement  agreement for 200,000. Yes. Are we able from this   bench to make a motion for the full 219,000 as  ruled that that is the max that we could collect?   Or does that have to go through a  settlement process? Need to go through   the settlement process. Has to be brought  back before council. Yes. Okay. Thank you. Jennifer, can you please go back to the slide of  the payment schedule? Is that the one? Yes. Yes.   According to my notes, the only payment provided  from Genesis was $14,127.65 65 in June of 2017.   Is that accurate? That's what our records show.  My question then is if they were due $73,61069, why did we not ask at that  time for the full $73,61069 and instead only received $14,12765? Yeah, that is a question I don't have the answer  to. I think Mark alluded to that and the fact   that at that time processes were decentralized.  That's all I can s I can surmize a significant   number. Um, and I understand that processes have  changed, but I'd like to know who approved just   accepting a small percentage of the actual amount  due. Well, the $14,000 payment was the first one   due and that was paid in 2016. So, that was  just accepted because it came on time. I mean,   that was the first one build. I can't speak  to who else um looked at these or didn't   look at these after that. So again, would  the city manager have been aware of this? I would believe so. I don't I don't know,   but I believe so. I I just can't say.  This is very disappointing knowing again   that these amounts are 70 plus,000 and  the only payment received was $14,127. I am very disturbed that that happened prior to  this council coming into office. Um I would like   to know from Mark besides the centralization of  contracts, centralization of accounts receivable   and new record uh timekeeping management. What  can be done moving forward where this does not   happen again? where we only collect a portion  of what is due if it is okay by a city manager mayor as I noted uh previously uh centralized  contract management would address a lot of   these concerns uh I'm going to speak from the  procurement world because that's primarily our   involvement in the finance environment. Uh  but without centralized contract management,   occasionally you see contracts that are negotiated  outside of what we would consider to be the more   normal process, which is to say they flow  through purchasing. Uh when that happens,   sometimes you have risks of terms being included  that aren't necessarily standardized to the   template and the model in which we typically  negotiate contracts. Again, that's a risk with a   decentralized approach. Uh centralized approach, I  think, will obiate that. That's one advantage, one   advantage of our centralized management structure.  Uh but uh I think that may have been part of the   challenge that we had back in this time period. I  would like to know um how the council can be have   the final say on any quote negotiated outside of  normal order uh situations because if we're going   to go into a more centralized system um and there  will be checks and balances at the end of the day   the highest leader in the city of Witchah's  structure is the city manager and so I want to   make sure that any quote negot negotiated outside  of term have to come before a council for public   comment and for public knowledge. Well, I'll  speak from the finance standpoint, but typically   whenever we present contracts for you for approval  in the agenda report, we will outline the terms of   those contracts and specifically we'll outline  anything that is maybe outside what we would   consider the norm. And sometimes there are good  reasons to do that. Again, that's how we I'm   speaking only for myself. I can't speak for other  departments. Uh, but you're right. Ultimately, the   city council approves the contract. So, I think  it's incumbent on staff to either structure those   contracts in a centralized way that's consistent  with our normal procedures or to notify the city   council in the agenda reports of any variances  that are being recommended by staff. And again,   I can't speak to whether that happened in 2011  or 2012, whenever it was. uh but that's how   the process would have uh would alleviate risks  like this in the future. I think my ask then is   for green sheets to always highlight any outside  the norm or negotiated terms that are outside of   um the typical uh contracts so that the council is  aware and can discuss those discrepancies. And as   you said, some may be valid, others may need to  be discussed as this is the policy holding body.   So I would like to make sure that green sheets  are much more in depth when it um high and it   should highlight any things that are out of the  norm. Council member Hohisel. Thank you, Mayor.   Um and this contract did come before council to  be approved, right, in 2017? Yes, it did. Um,   council member, it came before council in December  of 2011, but then the contract date was executed   January. So, I don't know if it was deferred or  there was just a late late signature, but it did   come before council at a council meeting December  20th, 2011. 2011. Yes. Six years later, it's Yes.   enacted. Okay. Um, can we get a little background  about that? Just email us later just why there was   such a long delay in that. Um, now So, it was  signed up for an original five years, right?   The contract was for a 10-year term. So, it was  a fiveyear plus five. No, the the first the first   contract in 2011, that was just the base Genesis  management agreement. That was a a one-year term   with five one-year renewals. And then, I don't  know what happened, but the decision was made   to then enhance the contract and have city bond  improvements for the fitness center on the second   floor. And that term was a 10-year term. The  amortization was to be over 10 years. However,   the city did not bond that money until 2016. So,  it was a one year plus four one-year term. So,   that would get us to Well, I'm sorry. That was  the first. I'm sorry if I'm confused. The first   one is a one year plus one year. Then the second  one in 2011 took its place 2011 and it was a 10   year. Yeah. 10ear term. It was a 10ear. Yes. Okay.  Do you do we know the vote? Was that unanimous on   council at the time? I don't have the records um  of the vote. Um we could look that up. I don't   have that. I have the gender report I'm working  from. Sorry, I didn't I can we can pull the I think someone from the audience did mention it's  70 and I would like I would like this presentation   to be available in the transparency portal so that  individuals know this information was presented   in this council meeting. Um, in addition, you  mentioned several dates. So, back in 2011, that   would have been under Mayor Brewer. Uh, between  2015 and 2020, Mayor Longwell and then 2020 to   2024, Mayor Whipple. Just for context. Um, and  again, um, I want to make sure that there are two   things that we're still working on. Process that  is now going has been changing thus far, still not   fully implemented. That's the process of the new  centralized system and much more accountability.   But then we also have this which is before us  which is a specific instance where a contract   was negotiated um by individuals who no longer  are at the city of Witchah and this is what we're   speaking about uh when it comes to the vote. But I  want to make sure that the process itself is still   part of this conversation as this is a direction  to staff to continue moving forward in making sure   that the process continues to be transparent  but also continues to move forward even beyond   um our new city manager. So thank you uh for  letting us ask all these questions which means   uh one more thing um these settlements as you  mentioned are uh standard to be in the consent   agenda and it is up to any of these council  members or the mayor to pull it from consent uh   for discussion. Yes. However, uh just about a year  ago, this body voted to allow public comment for   consent agenda items, which was not the process in  the past. Uh which I am very happy to uh let the   community members who are here to speak about  it know this was not typical in the past. So,   we are speaking about um having public comment  in these consent agenda items. Um, and I do want   to put this on the record that again, any council  member is able to pull any of the consent agenda   items for discussion and then for public comment.  And I believe I'm one of the uh most frequent that   pulls items from consent agenda items since  this new rule has been in place. Um, so Mr.   God who asked about it. Um I just want you to know  that again I appreciate when community is able   to speak on these matters and I appreciate when  people want to engage with their council. Um and I   again I work for the people of Witchah and not the  staff of Witchah. So thank you for letting us make   the process better so that again the staff can  work on the behalf of the citizens of Witchaw as   this council works on the behalf of the citizens  of Witchita. So thank you for allowing all these   questions. I see no further questions from the  bench which means we will now have public comment.   Oh I just have confirmation mayor the vote was 70.  Thank you for the clerk pulling that. Thank you. Hello, Faith Martin, District 2. Um, two things. I  would like it if this body could request that the   that you could establish and publish what the norm  is. Um, so that the public can be aware of what a   normal contract is because that sounds vague. and  uh if someone else in the future is running for   city council or going to be hired as council,  it would be nice to have that established and   published so we all know what is normal and what  isn't normal. Um secondly, I don't think we need a   public apology. We need better vendor management.  If I hire someone to fix my fence, and not only do   they not fix my fence, but they steal the copper  out of my air conditioning, I'm not going to hire   them to do other work on my house. So, I would  prefer that this council establish some guidelines   for good vendor management because if we're  getting contracts with people that continually rake taxpayer dollars over the coals for their  own benefit, which is how people feel if you   read the comments from the last time this came  before, people wanted it to go to trial because   they were tired of this happening and they wanted  some kind of accountability. Good accountability   is good vendor management. So, I would ask that  this council reach out to staff to provide better   guidelines, maybe something along the lines  of the landlord list. If you're a bad vendor,   it's published and we will not be doing business  with you. The city of Witchaw will not be doing   business with you. Otherwise, I don't think  we should risk um all of the things that you   guys talked about. I appreciate getting at  least 200,000. Um but holding that vendor   accountable means a lot more to me because  getting than getting $20,000. Thank you. Good morning, city council and mayor. Um,  Celestet, born and raised in Witchaw, fourth   generation Kansas, former FDIC bank examiner.  Thank you, Mayor Woo, for holding true to your   campaign promise, for bringing accountability and  transparency to city government. The former mayors   I encountered were not always this way and many  times my mic was cut when I tried to even discuss   this contract. For example, I went back and looked  at city government meeting on December 11th,   2011 where this was passed seven to zero and the  motion was brought forward by Michael O'Donnell.   This management contract was presented for a vote.  City Manager Robert Leighton and parks director   Doug Cooper presented the details for a remodeling  of the second floor fitness center to be paid by   Genesis Health Club management. I've got the  exhibit for the contract right here. Jennis was   to pay back all costs to the issue the general  obligation bonds for this remodel. They would   manage the building for 10 years with an option  to renew. Members of the ice rink, figure skating,   and youth hockey all came forward at that  meeting to say they had concerns. Unfortunately,   they were not listened to, and this is one of the  reasons why people don't have trust in city hall.   They were intelligent people who treasured the  building and were concerned about this agreement.   City manager Leighton reassured the public  speakers. The Steven family was a good supporter   of community events and would expand and support  the Ice Rink events. I even clipped what um one   of the speakers had to say. It was one of the  Steven members on my Facebook page because it's   really ironic what happened later. I'm not even  sure a second reading was held on this contract   because after the December 11th hearing, there was  no further hearing. There was no second hearing.   The contract was enforced and off we went. And it  had this really strange clause which is limited   collecting damages where we could only go back  three years to collect on past due payments which   city manager Leighton was the manager at the  time. It just stuns me we would have allowed   this contract to have been written. There were  additional precautions that were supposed to also   protect taxpayers and this is a caution on the  sales tax that's going before us. There was an   ordinance written where this was supposed to pro  protect taxpayers about this agreement and it was   put into place and published having stipulations  on improvements, authorization of the agreement,   temporary notes, etc. None of this happened.  None of this happened even though there was   an ordinance written too. First, I want to talk  about what ended up happening. Genesis Health   Club and Rodney Steven II made only one debt  payment in 2017. But taxpayers didn't know this,   and this is a huge mistrust issue regarding  transparency. I filed Koras, Kansas open record   acts asking for the debt schedule of Genesis gyms  and where we were because I had filed cororus and   in those chorus for emails I discovered  that Robert Leightton in 2020 was asking   for payment on past due loans but there were no  loans from Genesis in the financial statements.   There were no loans anywhere on the website that  we were owed past due loans from these people.   similar to Kinmar. Kinmar is also a $2 million  offthebook loans that we don't know about. This is   a bad accounting practice. And I don't care who's  denying or accepting responsibility. If there is a   loan agreement with an individual or a developer  with the city, it needs to be on the books. It   needs to be noted in the financial statements and  it cannot be mislabeled like Jim Cork's hotel loan   was and called stormwater utilities. It needs  to be clear, concise, and I know Mark Manning   agrees with me on this. You need to put it in the  financial statements and label it or you're not   having transparency and nothing has changed.  So, I continued to ask for these agreements.   They were denied. I even came before current city  council members Becky Tuttle and Brandon Johnson   with 4,000 signatures from the users of the ice  rink who asked you to terminate the agreement. And   they were not listened to. and Genesis continued  to run down the ice rink until, as has been noted,   termination was made in 2022 and they moved out.  So, I have two questions. Accountability. Why was   no city staff present when Genesis Health  Club moved out and ripped up the building,   tore up the carpet, stole the soap dispensers, and  put holes in the walls? City Manager Leighton was   present. Why was no one there when they moved out?  Why was city manager Leighton never reprimanded   for allowing this four-year default on the loan  agreement before legal action was taken? And I've   got his emails from 2020 asking for payments.  So, he knew way before the lawsuit was filed,   but never recommended, never chided. Why was legal  allowed to write this contract? And I'll stop   there with accountability, but with transparency.  What is the total amount owed? Because I disagree   with that repayment schedule. The bonds issued  were 760,000. And that's principal. You got to   add in interest and we only got 14,000. So  I really don't see an accurate portrayal of   what we are owed. I see my time is up. I will only  say with trust. City Hall has wasted millions and   millions of taxpayer dollars in these bad hidden  development deals with developers. And this is   why it behooves me. I'm trying to support you.  I appreciate you pulling this and allowing us to   talk, but you've got to prove going forward you're  trustworthy and all of you, not just some of you,   before I could even think of supporting the sales  tax. Thank you. Thank you, Celeste. Um, I do have   a couple of follow-ups. Council member Hoisel.  Thank you, uh, Mayor Celeste. Just one quick   question. Uh, that 2020 email you're referencing,  is that specifically about the ice center or   is that just debt in general? Give me a minute  because I as I said I filed numerous cororas. The   one where he is um actually Greg Ferris who was  present when they voted on this he was their lobby   representative. So he was telling Greg Ferrris  that there was an undue balance on the loans   and the numbers jumped around a lot. I could never  figure out what what is this? What are we talking   about? But here's specifically what he said and  this is from Bob to Greg. The one outstanding   issue that still needs to be addressed is Genesis  debt service obligation for the fitness center. I   believe that next week the outstanding obligation  will increase to approximately $336,770. How does Genesis intend to reimburse the city  for this outstanding debt service? Your help   with this matter would be greatly appreciated.  And that was to Greg Ferris though we copied   Rodney at genesisalthclubs.com and R. Brooks at  genesisalthclubs.com. Okay. Thank you. Yep. Vice   Mayor Johnston. Thank you, Celeste. I will answer  your question on I asked the same city manager   that probably a year ago, maybe over a year  ago. Why didn't you go collect debt? You know,   I would have um and his answer was we  try made the decision to try to work with   uh Stevens to try to get it. So probably not a  good decision but that was his answer and you   know how I feel about his answer. I understand.  Any other question? I did ask the question. Thank   you any No. Uh thank you Celeste but I will ask  law a question. Law, can you please come back and   share the slide? Um I want to make sure that the  accurate numbers are being portrayed right now.   I want to know exactly how much was the loan and  it was a 10-year bond. Is that accurate? Yes. Now,   I mean, this is where Mark can correct me. I  mean, it was a 10-year, but they didn't start,   we didn't bond the money at the beginning of the  contract. The the city did not issue bonds until   2016, and only then would the debt service  schedule have kicked in. Mark agrees. So,   there was not a $750,000 figure owed in that  sense. Um the bond payments began in 201620   2017 and that's where you see the timeline and  that's how we get to that dollar figure 424,000   owed. I hope that answered your question and the  reason why it's not that 750,000 is because it was   a 10-year agreement but they it was terminated  in 2022. Exactly. Yes. And that stopped the   duty to pay any debt service at that point. So  there was a window of time and this is it um in   which debt service payments were made and due.  Thank you. We'll continue with public comment. Good morning Mayor Woo and members of the  Witchaw City Council. My name is John Todd.   I live at 15 59 Payne here in Witchaw, Kansas.  I find it troubling that no one on city staff or   in a policymaking position will ever be held  accountable for this type of inept handling   of public property and public funds. It has  been my observation over the years that city   staff is no match for experienced private  sector investors when negotiating this type   of sophisticated transaction. I watched with a  great deal of interest the $850 million sales tax   issue that you all passed with limited public  input. I congratulate Council Member Hohisel,   Council Member Ballard, and Mayor Woo for  making an attempt at the last minute to   break it into five buckets so that there could  be public input on five different proposals,   not all just grouped together. to this avail.  Uh the I I want to simply advise advise our   audience both here and at home to just vote  no on the March 3rd sales tax proposal. The way it is structured, it looks like a vehicle  for future non-transparent abuse of city property   and taxpayer funds. Thank you for allowing me  to speak. Thank you, Mr. Todd. Simply vote no. We will continue with public comment. I see no further individuals who would like  to address the council on this matter. We   will now close public comment and bring  it back to the bench. Council members, we'll begin with council member Tuttle. Thank you.  I I just wanted to follow up based on my questions   before. I understand people are um upset. Um  processes have changed and I appreciate that.   But looking forward for Witchah, the settlement  agreement for $200,000 is safer than number one   going back to court, going to court, continuing  whatever the term is for $19,000. And you know,   we talked about staff time would be involved and  and all the things. And this eliminates the risk   of the $1.86 million counter suit. So, in my  mind, this is the safest decision for the city   to approve the settlement agreement. Thank you,  Council Member Glascock. Thank you, Mayor. First   off, I public trust is hardearned uh and it's  easily lost and I think this is an example of   how public trust has been lost in this process.  Um, I do want to say that uh the staff that are   currently present, whether that being legal or  finance or parks and recreation, that this is   uh not a fault of yours and I'm glad that we put  processes in place recently from this council uh   to try to earn public trust. Um I have an inherent  distrust of government as a whole. Uh and that's   why I ran for this position to try to make sure  that we hold this institution accountable. Um,   when the city enters an agreements, the  public expects transparency, diligence,   and stewardship of their money. And I believe  that settlements can be appropriate in some cases,   but they should never replace accountability  or foreclose legitimate questions. And   that's today. And that is why today I'll be  voting no. Um, settlements may reduce risk,   but they can also shield decisions from public  scrutiny. And in this case, I do not believe   it's in the city's best interest to close  the door before the facts are fully tested.   And I believe the citizens want us to fight. Um,  a jury of their peers should have the last word   on this. There should be open testimony. There  should be cross-examination. There should be   witnesses brought to the stand. Um, I believe that  accountability means letting truth be examined in   the open uh when it's uncomfortable. And I cannot  support anything below the 219,000 that the court   has ruled that we are eligible to receive and  a public apology to the citizens of Witchah. um   this abuse is to the citizens of Witchah and the  public buildings that are owned by the citizens   of our community. Um I again am thankful for the  changes that this council has made to ensure that   this does not happen again and I believe through  centralizing accounts receivables and contract   managements that we have safeguards to make sure  that this doesn't happen again but it shouldn't   have happened in the first place. Thank you  council member Ballard. Thank you mayor. I just   wanted to share a few comments. As a past business  owner, I'll never understand how we got to this   point. It appears Genesis threw a public temper  tantrum when they didn't get the renewed contract   to operate and trash the place on the way out.  This is a lose-lose situation in my mind. It's   disappointing. The ball was dropped and fumbled  over and over and over again. I'm disappointed   owning as many businesses as Genesis or the  Stevens family does. they have no problems taking   folks to court when they're trying to get out of  their memberships, but they can't seem to pay the   city um on time. Uh they definitely have the means  to pay the debt to the city, and I'm disappointed   that they didn't. It wasn't until early in 2022  that the council at the time pushed to sue and   hold them accountable for non-payment along  with other bad actors and development contracts. If I put on my business hat, I believe and  know that the 200,000 is the best option here,   which which voids the Genesis counter suit of 1.86  million in hopes to collect 19,000 more dollars,   which is the max we can collect due to the  statute of limitations. But on principle,   I want to vote no. It's absurd to think that  anyone or any business thinks it's okay to not   pay your bills and be held accountable for that  matter. None of us would get by with his behavior.   Vice Mayor Johnston, I appreciate the comments of  the council members previously. I see both points.   Uh mistakes were made over the years. Um we can't  go back and correct those. We can blame people,   but we can't go back and correct those. Uh we  can set up new processes, which mayor RO said   we have done. Mark Manning has we have done.  So hopefully in the future another council   won't be uh blaming us for something that we're  doing now. So, yeah, they probably will anyway,   but but I I I'm a businessman. I I put  on my business hat and I said, you know,   how can we go forward from here? You know,  mistakes were made. They're done. How do   we go forward from here? What's our best  solution? And as council member Tuttle said,   it's $19,000 versus potentially losing  hundreds of thousands of dollars. Now,   sure, we'll get more facts on the case. Um,  that's true. Councilman Glascock said, "But   being a businessman, I just don't think it's worth  it to risk that. Take what we've got, move on." Council member Ho Heisel. Thank you, Mayor. Um,  I think one thing we're all in agreement here is   there's a lot of lessons to be learned from  this whole process and a lot of things that   we can clean up moving forward. I believe in the  last four years, we've been moving that direction.   um starting with trying to hold them accountable  four years ago and now trying to refine the   process here in the last two years to make sure  that these mistakes don't happen over again.   Um yeah, it's hard to look at this and just  not feel jilted on the side of the taxpayers.   And I understand their fury. I also understand  the perspective of people who look at it from   a business sense and this may be the best that we  can actually get from this. So, I don't feel like   there's any right move here. I don't feel like  there's um again, I I I feel the the fury of   the taxpayers. I understand their frustration  and that's um driving my vote to come up. So,   thank you, Council Member Johnson. Thanks, Mayor.  Um so, I will just say following up on what I said   earlier, I agree with Council Member Tuttle, Vice  Mayor Johnston. Mistakes were made. I believe that   um under the leadership of council and  also the former manager um looking at   centralizing processes is the way to go. Glad  that council voted on that and moving forward   um I believe that when mistakes are made you  should fix the processes that allowed that in   the first place. We're doing that. I do think  this is the best scenario for the taxpayer and   um if passed and the settlement does happen  today. I also wish the council luck in the   Waldinger case as well. That way the taxpayers  can be fully reimbured for all the damages done. Vice Mayor Johnston, this council has  responsibility for taxpayers dollars now, not   10 years ago, 15 years ago. Now, we turned down  a settlement that Councilman Johnson negotiated   um with Dave Burke and and the whole situation. We  turned it down, go to court this fall, we're going   to know how much we're going to get. There is a  high high probability we're going to get zero.   Zero. That's $400,000 worth of taxpayer money that  we just pissed away because we could have got it.   Now, we'll see what happens. But I've got on my  calendar to check that. And everybody voted no   on that settlement is responsible for not taking  that $400,000. Everybody who votes no on this,   there will be if the if the no does go through,  there will be a court date and I'll put it on my   calendar to see how much we got to see how much we  spent and see how taxpayers came out. Did we get   more than $200,000 including our staff time? That  is what this council is responsible for. just that   we're not responsible for past decisions. We're  responsible for now. Future councils can criticize   us for our decisions now. So, we'll see how the  $400,000 come out comes out. I will present it   when it does come out. I will make an issue of  it. I will point out who voted no. Just as is   in this case, we have an update for $200,000. And  we'll see if it does go to court. We will see how   much we get. And I will point out if we got less  or more. I will point it out. Am I right or am I   wrong, but it's taxpayers dollars. It's not our  money. It's taxpayers dollars. We have to make   the best decision for taxpayers dollars now. Not  10 years ago, not 2011, 2012. We have to make the   best decision now. Thank you, Council Member Glass  Cop. Thank you. To the vice mayor's comments,   I think there is a risk with settlement. there  is a risk when you go to or there is a risk when   you go to open court. But I also believe that  there should be a line in the sand to people   that we do business with in the future that we  won't just settle when you quit making payments   or when you abuse the responsibilities of the  taxpayer. And I think people need to know that   we're going to fight for the citizens and we're  going to fight in this particular way and that   we're just not going to settle when um you know  our backs pressed against the wall. And I think   that's what the citizens want. And so I agree  there is a risk of going to open court. Um but   there's a even greater risk of doing business  with people that don't have the best interest of   our citizens in the future if they see that they  can just get out with the settlement every single   time. Vice Mayor Johnston don't want to go back  and forth too much here because I like you. But we have put systems in place  so it doesn't happen again.   We think we have so it doesn't happen  again. So going forward this should not   happen again. You know what is people go  broke on principle. They do. Um you have   to make good financial business decisions  and this is a financial business decision.   Or do we just want to piss away the money  to prove a point? That's the decision. I actually have a question for legal. Um,  at this point, I've been weighing both of   these conversations because I can tell you  that when I sat in this seat and received   the information regarding this lawsuit back in  2024, I was going to be a certain no. However,   now learning the facts that we can only collect  at best 219,000, which again I'm really ticked   off about because again, the contract in itself  was written so poorly, not on the behalf of the   citizens of Witchah, but rather negotiated  by a city manager who no longer is here.   So my question for law is actually is there  any way to recoup the maximum which is 219,000   according to what the judge has presumed. Can  that be collected right now? Can can there   be I know that they're watching right now. So  the question really is if they paid their full   amount which is truly owed to the citizens of  Witchah 219, can that actually happen? U mayor   might want to consider deferring the motion  um or deferring action today if you'd like   to entertain that. That's one thing that comes to  mind if you want. Um we can continue negotiation. Unless Blake has a different idea. I think  that's the only way we can do this at the   bench. we don't have an agreement otherwise  from the other party. There's, you know,   that would be the only speculation to vote on  that. I think we would recommend deferring it   or taking a recess or anything you'd like  to entertain that that could be pursued. My   follow-up question to that is I understand that  one of the options instead of voting to settle,   we can go back to the negotiation table. However,  I know that now they can see exactly what we're   asking for and it's $19,000 more. If you make it  right with the citizens of Witchah, what is truly   owed is 219,000. It should have been more,  but the contract was written so poorly. We   can't collect what should have been owed to us.  But what can truly be owed right now is 219,000.   So my question and in good faith I'm asking  because they're watching if you pay the 219,000   that's what I would want this community to receive  what they're truly owed and I would be willing to   defer this item so that we can have that at the  negotiation table even though they know what the   card is that we're asking to play. We're showing  our cards and the card is we just want what's   owed to the citizens of Witchah. Not more because  we can't collect more, but just what is owed. And   that's just 19,000 more than what the settlement  agreement is asking. So before I say my piece,   um I want I've been watching the comments. I've  been listening to this community before I even   became mayor. And one of my campaign promises was  restore trust in city hall. And it's not a slogan.   I was one of the individuals that sat in the back  with media and I would be asking those questions   in my head. And when there was the opportunity to  ask the city manager that question, we would be   asking those questions. And so because all of this  has been an executive session, which means all of   us have gotten way more information about this  lawsuit over the last two years for others way   more than that. We have a lot of knowledge of what  can be collected and what cannot be collected. And   trust me, there were some heated conversations  behind closed doors. So I can only speak on the   behalf of these individuals that I'm sitting next  to. They are fighting for the citizens of Witchah.   They have been fighting behind closed doors. And  so I'm asking this community since they're asking   about accountability and who should be held  accountable for this. The person that should   be held accountable is the highest leader for  the city of Witchah, which is the city manager,   which I am so grateful that now we have a new  city manager. He just started yesterday. This   is his first city council meeting. I'm going to  be asking for way more and expecting way more   accountability. I'm going to be expecting way  more transparency and I know that this is a new   way forward. Mr. Goer, thank you for writing  opinion pieces. Um, I really appreciate you   wanting to be a watchdog just like Celeste.  Faith, thank you for speaking up. And Todd,   thank you for speaking up. This council does hear.  This council is active. It's We ask questions not   just from the bench, but we also ask them behind  closed doors via emails. And I trust this council.   And so what I'm asking is a reset. And I know it's  hard. because I came into office two years ago,   but a lot a lot of people thought I was the  city manager. I am not the city manager. I   am one person on the council with only one vote,  and I'm only responsible for that one vote. And   this debate that has been going on for several  minutes now is exactly why local government and   your participation matters. because we want to do  what's right and we want to do what's principled,   but we also want to know that we're going  to collect what is owed to the city and   the citizens of Witchah. So, this is a very  difficult um conversation, but it needs to   be had. This information should have been coming  forward before all of you before today. However,   because it was in litigation, it couldn't. That  is the reason why executive sessions matter.   There's negotiations that happen and facts are  facts and contracts are supposed to be enforced.   And so I believe that now moving forward, our  contracts are going to be centralized. If there   are any anomalies, they will be highlighted so the  council can discuss with the community. I believe   that we now have processes in place that really  hold the citizens accountable while we still   have conversations because we might not all agree  that that is the way that we should move forward,   but we will have dialogue. And so I initially  was going to vote no against this, but rather I'm   actually going to ask I am going to move that we  defer this action. And I ask that the lawyers will   go back to the table and ask for the full amount  that is owed, which is $219,000 for the citizens   of Witchah. And while I am very disappointed in  what has happened in the past, there is a new   city manager now and my expectations are high and  I want to make sure that the citizens of Witchaw   benefit the most out of the decisions we make  from this bench. So with that, I move to defer   this action for further negotiations with a point  of clarification. to get back to the table with   the lawyers to recoup the full 219,000 that is  owed to the city of Witchah. You suggested date.   It's better for the minutes and for the record if  there is a date certain. It doesn't mean you have   to take action on that date, but we do need for  control purposes a date. So, you can pick a date   in whatever you want. How soon can this happen?  I would say set for the next meeting. Okay. The   13th for one week from today. Defer. My motion is  to defer action until next week's Tuesday council   meeting so that attorneys can go back to the table  and negotiate what is owed to the city of Witchah,   which is $219,000. Council member Glick comment.  All we're asking for I'll second that motion.   All we're asking for is $19,000. I don't think  we have to have a week to determine whether we   have $19,000 if we could defer to the end of the  meeting today. It's a simple call. I can guarantee   you the defendants are watching right now. It's  a simple call. Do you agree to 19,000 or do you   not agree to 19,000? Because that's going to be  my line in the sand. And I don't think it takes   a week for them to make that determination. And  so I don't know legal. Can we defer to I would   offer a friendly amendment that we defer to the  end of today's meeting as the last agenda item. I would accept that. I accept that.  Yeah. So, we have a motion with a   friendly amendment to go to the table um  between now and the end of this council   meeting uh to determine if the defendants  would entertain providing the remaining   $19,000 for a total of $219,000 owed to the  city of Witchah and its citizens. A motion   already and a second and further  discussion. Council member Glasco. Council member Tuttle. Thank you. I I have  many comments about some of the comments   that were made today, but I'll defer them  to another time. Um my question, Jennifer,   is how many times have we been to mediation on  this? Formal mediation one time. Okay. One time.   So formal. There have been conversations ongoing.  So let's say that um the parties involved are   contacted by the end of the meeting and they say  no 200 is our line in the sand then it comes back   as this original motion and that's where we have  that's the only offer off offer we have so that's   all we can bring before you. Okay. So, my second  question, and I think I know the answer to this,   but I just want to make sure. Um, we have  a policy that any agenda item that comes to   us is by Thursday at 5:00 p.m. before the  next council meeting. Making this change,   does that violate our policy in any way or is  this just like a normal uh agenda item that   we can modify as we go? I just want to make sure  because again we're involved in litigation and so   I just want to make sure that we're we're handling  this exactly right. Yeah, that that question is um   subject to interpretation. It is the same arguably  the same agenda item. The action the the details   have changed. I think it's considered for my  interpretation it would be the same agenda item.   You are changing the facts and changing the dollar  amount. I I don't there's really no clear answer.   Yeah. Just want to make sure. And then my last  question is before we let's say that we call them   and they say sure. Okay. $219,000 it is. Will we  have something in writing? Be I'm assuming there's   something in writing now or or maybe not. This  is just informal agreement. We're developing as   we go. So I don't know. We will try to determine  what we can. Thank you, Council Member Ballard. Thank you, Mayor. Uh, Jennifer, question.  Haven't we asked for the full 219,000? We've   had many negotiations. So, thanks.  So, we have a motion and a second   uh to defer this item until the end of the  meeting so that negotiations can continue. So,   uh who will be this will be at the end of the  meeting. Then you need to make it I think for   the clerk. Do you want it to be the last item  of the meeting then? You know, we need to put   it somewhere on the agenda. We can make it  right before council member appointments and   comments. Okay. So there's clarity when it comes  before council member appointments. So we have a   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes. 61. Mayor, if I may, I may add,  there may be a need for an executive session   before that ne next item. I just don't know yet,  but I want to let you know that's a possibility.   I appreciate that. And again, um, for the  individuals who are watching and the defendants,   uh, representatives who are watching, I  believe that all community members want   to make this community a better place. And  so I'm asking in good faith that what is   owed to the city of Witchah should be paid so  we can move forward with the other litigation   that is still pending at this moment.  Madame clerk, please call the next item. Board of bids and contracts  dated January 5th, 2026. Morning, mayor, city council. Josh Lober,  Department of Finance. The board of bids   and contracts convened yesterday, January 5th,  2026 for the following items. For purchasing,   we have 6 58,000 gross vehicle weight  restriction dump trucks from Omaha Truck   Center Incorporated doing business as Truck Center  companies for an aggregate total of 1,34,398. We have the Itron Tetra advanced subscription for   Itron Incorporated for a five-year  total aggregate of $322,275.30. We have the Axon Skyo drones in  60-month subscription for Axon   Enterprises Incorporated for a 5-year  aggregate total of 1 100,000 161677. Sorry, it's been a long morning. $167,410. Excuse me. And for airport, we have  the airport streets and parking lot   rehab for Prao Construction LLC. for 2,235,44463. This is how to become a vendor with the city of  Witchah. Uh this is our purchasing calendar or   small business resource partner events that the  city's hosting or participating in. And these are   growing open public opportunities underway. And  I'd be happy to try to answer your questions and   try not to make mistakes again. You're great,  Josh. Thank you to you and the purchasing   department. I see no questions for staff. This  does not get public comment. So, I will go   ahead and move that to approve the board of bids  and contracts dated January 5th, 2026. 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. petitions for public improvements. Good morning, mayor, city council members.  Paul Gonzman, public works and utilities.   For the record, I have a few petitions for your  consideration this morning. Signatures on the   petitions represent 100% of the improvement  districts. The petitions are valid per Kansas   statute. Southife Church edition located in  district 4. The project will provide sanitary   sewer improvements required for a new commercial  development and a revised petition courtyards at   Jacob Farm addition located in district 5. On  June 17, 2025, the city council approved water,   storm water drain, sanitary sewer, and paving  improvements required for a new residential   development. The developer has submitted revised  petitions with revised improvement districts.   The budgets remain as previously  approved and it is recommended   that the city council approve the new  and revised petitions and new budget,   adopt the new and amended resolutions and  authorize the necessary signatures. And as a   reminder, these improvements are paid by special  assessment. I'll stand for questions. Thank you,   Paul. Questions for staff? I see none. I'm  grateful to see development in districts four   and five. Um, with that I will move to approve  the new and revised petitions and new budget,   adopt the new and amending resolutions, and  authorize the necessary signatures. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,  please call the next item. Main   water treatment plant conversion to emergency use. Good morning, mayor, council members. Gary Jansen,  public works and utilities. Uh the item before you   this morning is our next step in conversion of  our main water treatment plant to emergency use.   Uh I want to walk you through what this item is  particularly for as far as selection of a vendor   uh for design build of the facility and the  proposed improvements we talked about in the   past along with an owner's rep. Uh before I ask  for recommendation um for approval of this item,   I do want to talk about uh where we are at on our  new water treatment plant. Uh what update I have   at this point, talk about how this timing might  align with that. uh because needless to say what   we're looking at doing here moving forward would  not be until such time that the new plant is fully   online and we're able to take this uh facility  offline. So some background on this project itself   the main water treatment plant was constructed in  1939 expanded in 1954. As I just mentioned this   facility will be taking taken offline after the  new Witchaw Waterworks plant is fully tested and   transferred to the city. And again I'm going to  talk about that in just a moment. Various options   for the future of the main water treatment plant  were presented to the city council in October of   2024 and a progressive design build uh project  to convert this facility for emergency use was   initiated in March of last year. At that time,  the city council authorized a $1 million budget   for phase one of the project and approved the  selection criteria for a design build contractor.   Requests for proposals were issued for both a  design builder and an owner's representative. Uh   due to the size and complexity of this project, it  makes sense for us to consider hiring an owner's   representative to help uh supplement our resources  and for project oversight as we go through design   and construction. Some project background. Uh  this project will reconfigure pipelines and   rehabilitate or replace aging assets as at the  main water treatment plant for emergency use. As   we talked about before, um our goal once our new  facility is online, we do want to have this plant   in place to be able to come on as needed emergency  use. Our goal is to be able to bring this facility   online in 24 to 48 hours. Uh we think it makes  sense. Uh we had this discussion previously with   the council looking at multiple options. Uh we  are one of few municipalities probably in the   country our size that has only one water treatment  facility. We don't want to give up the opportunity   to have that backup. Even with the new plant  once it's online, the built-in redundancy,   uh the things that come with that new plant, we  never know what might happen. If there's ever any   issues later, we want to be able to bring this  facility online so that we can still continue to   provide water to the community. Um this approach  minimizes emergency startup time and the capital   cost of the project. Construction will begin  after the main water treatment plant can be taken   offline and is expected to take two years. The  design will be compatible with future possibility   of using the site for portable water reuse. Uh as  you know, we are working on a water reuse master   plan. Now, uh we'll have more information to share  with the council on that soon. As part of that,   we are looking at the possibility of using this  facility somewhere at some point uh for our reuse   efforts. So we've got both uh the consultant we  have selected for this as part of the design build   team and our consultant for water reuse are  working closely together uh to look at future   opportunities. The sole proposal for the design  build portion of this was wildcat was confirmed by   the selection committee. Uh subcontractors include  PEC Stantech and Doninger Doninger Construction.   Uh we want to increase the initial phase one  design from 30% to 60% which I'll speak about in   just a moment. And the proposed phase one cost for  a 60% design is $900,000. On the owner's rep side,   two proposals were received. Selection committee  uh recommended uh Garver to serve as the owner's   rep and the cost for the proposed phase one for  the owner's rep is just over $360,000. Looking   at the overall financial considerations, again, I  mentioned the cost for uh phase one of the design   build is $900,000, just over $360,000 for the  owners rep. In March of 2025, as I previously   mentioned, $1 million was initiated for phase  one. At the time, we had planned to uh move   forward to 30% design and developing a guaranteed  maximum price. Since that time and as a result of   what we've seen on some other projects where where  we are uh implementing progressive design build,   we have made the decision uh to move forward to  a 60% design deliverable which will result in a   more certain guaranteed maximum price with  lower risk of future cost overruns. Uh so   at this point in time, we need to authorize  a little bit more budget to be able to move   forward in that direction. An additional $386,000  is requested to cover the two contracts plus 10%   for administrative and project management costs.  Uh law department has reviewed and approved the   contracts and the resolution. Uh before I make  a recommendation, I do want to talk to you about   where we are at with Witchaw Waterworks. uh  based on our most recent conversations that   are ongoing. Uh there's a workshop scheduled for  one o'clock today between our staff and theirs to   continue the conversations that we had prior to  the holidays. Staff met with Witaw Water Partners   and their full team uh on December 18th, that  meeting included Council Member Tuttle. She was   unable to stay for very long. Vice Mayor Johnson  was there for the duration of the meeting. Really   appreciated him being able to do that. Uh it  was a good conversation. We heard from WTO Water   Partners and their subcontractor. We do believe  that the root cause has been identified and can   be traced back to a design issue. Um they've  already looked at several options uh for making   the repairs and being able to move forward. There  are three vendors that have been hired to conduct   an independent analysis that is being done right  now as we speak. We should see the results from   all three of those in the next two weeks. And what  they're going to do is analyze and evaluate uh the   root cause analysis uh hopefully will support uh  what the Waw Water Partners has found to be the   issue so that we can move forward assuming that  happens. Um and and we'll deal with that as that   comes. We have multiple meetings scheduled in the  next two weeks. Uh uh half a day workshops between   staff and the vendor so we can talk through what  the next steps are and what the timing looks like   based on the information that we have right now.  Um it looks like uh it would be sometime this   summer if we can move forward with the design we  get verification from the third party independent   analysis that this is the right next steps. It's  likely going to be sometime this summer. Uh it'll   take that time for fabrication and installation  of the clarifiers. That would be followed up by   confidence testing and performance testing that  we've talked about in the past. I don't think   it's likely that we take ownership of this plant  before the end of this year, but we'll know more   in the coming months of what that timing looks  like. Next critical step is to to make a decision   on moving forward with the design for repairing  the clarifiers and fixing the issues that we've   encountered. One thing I do want to mention, we've  talked about this before, but I want to be very   clear. All of the costs associated with repairing  these clarifiers, the time that it takes,   staff time, this actually goes back to last April,  uh, when we had the original completion date. All   of those costs are the responsibility of Witchaw  Water Partners. There will be no additional cost   to the city of Witchaw, to our rateayers for  any of this work that is being completed now,   and that will continue through the end of the  project. Um the facility still belongs to WTO   RP water partners is their responsibility. We have  not taken ownership of the plant of the facility   except for the administration building. Um and  that will stay that way until such time that we've   gotten through this repair. We can certify that  the repair has been done, that the performance   testing is completed and meets the intent of  the original contract. At that point in time,   once the city of Witsaw takes over the facility,  we can move forward. uh but until then all of   it is their responsibility. So even with that  schedule for uh the new water treatment plant   which tall water works we think it's prudent to  continue moving forward with this project. It   will allow us to begin design uh which is going  to take the better part of 2026 anyway. We can   identify long lead time parts if there are some  uh and equipment which are likely to be uh it'll   help us uh start identifying the needs for the  conversion of this facility for emergency use and   then we'd be ready to hit the ground running with  construction once this facility comes offline. Uh   if you'll remember the goal here again is to have  this facility be in place for emergency use come   online emergency use just in case we have any  issues with the new plant. We're not expecting   any whatsoever up and running. Uh but we want to  minimize our risk and minimize that gap between   when our new facility is online and this facility  is ready to serve its intended purpose. With that   reason, we're recommending moving forward with  this project and I think it makes sense to do   so. Having said all that, staff recommends  city council approve the revised budget,   approve the contracts with Wildcat and Garver,  adopt the amending resolutions, authorize the   necessary signatures, and per charter ordinance  number 211. This item does require a twothirds   majority vote. I'd be happy to stand for any  questions. Thank you, Gary. Questions for   staff. Beginning with the current water treatment  plant. Um, I know that this issue is about um the   current facility. However, sorry, my question  is more about the new water treatment plant   that the city has not taken ownership of. Can  you please one more time explain? You said that   the root cause so far that has been identified  is a design issue. Whose responsibility is the   design and then what is the approximate cost  to a new design so that it will be functioning   in the future? So the responsibility of design,  design and construction is WTO water partners.   uh this project was delivered as a progressive  design build. So everything related from the   very beginning of design through construction  to the point that we are now all of that is   responsibility of WTO water partners. They have  stepped up and taken responsibility along with   their subcontractors. They know it's their issue  to resolve. I do not have any numbers related to   cost for repair yet. And a quick follow-up  question and maybe that's for legal. I want   to make sure that it is in the contract that it  is full responsibility of Witchaw Water Partners   until the city takes ownership of this facility.  All costs, time, um also any of this new design,   any uh repairs are the responsibility of Witchaw  Water Partners and that that is in the contract.   It it is in the contract uh and we continue those  discussions. We have been uh very diligent with   those discussions as we've gone through all of  these issues that we've dealt with since last   April. Uh ultimately when we get to the end point  of of final costs and everything associated with   final acceptance of this facility, all of that  will be rolled into it. But the contract does   speak to the responsibility of WTO water partners  as the facility is still their ownership. Thank   you, Gary. Questions uh for this item. Council  member Hohheisel. Thank you, Mayor. Uh just one   question, Gary. Um is there any are there anything  is there anything identified that we need to get a   jump on to ensure that the current water treatment  plant makes it through this year operating at full   capacity? I think we're in a really good place.  uh as of right now we over the last five years   probably and and I suppose going back to even to  2019 when the decision was made to move forward   and build a new facility uh we've made some really  strategic investments in our current plant without   overdoing it. Uh we've um and I I can visualize  the list and I can't quote the numbers but uh in   working with city council um this capital  improvement program all under our rates   uh included improvements to the plant that could  keep the facility going for an unknown amount of   time. We certainly weren't trying to just limp  it along. It was doing fine. Uh the facility is   aged. Obviously it's 86 years old now. Um, but  we're in a good place. We've uh I've tked staff   to make sure that we are where we need to be and  we're certain that we're in a good place. We're   going to continue to keep an eye on obviously how  things are working as we always would, but I feel   confident we're in a good place with the current  plan. Appreciate it. Council member uh Vice Mayor   John Stein. Thank you, Mayor Gary. I appreciate  you uh the invitation to be part of the meeting uh   three-hour meeting. Very very interesting though.  Um it's not rocket science. Um the subcontractor   just admitted probably 10 or 12 times they made  a mistake and they were sorry. So it it happens.   Um, one thing at the end I will tell the public  and if there's any questions at the very end of   that three-hour meeting, I made the point that we  are running two water treatment plants now. So,   we have more staff than we have now. And I will  mention that staff is really, really good. Uh,   the four people for the from water treatment  plant asked some very tough hard questions to   Witchaw Water Partners and the some contractors.  So kudos to you for that department. They really   good. Um but we are running two water treatment  plants now. There is is a cost to that. I think   we should be reimbursed for that to figure  out what that is. And the second thing is   even though it's on their books, doesn't  matter if it's on their books or our books,   there's still depreciation going on that plant.  We're going to get a water treatment plant that's   two or three years old. Um there should be some  consideration and made for that also. So So I   again I appreciate you you doing it. It's just a  couple comments. Don't need a comment, but uh I   appreciate the invitation to be part of it and I'd  like to continue to be a part if I can. Thank you,   Vice Mayor. I appreciate your time and I do  appreciate the comments about staff. I wish   I could take credit, but they they do a wonderful  job. We have some amazing staff that's helped us   work through this. But to your other point,  um those items are part of our consideration   moving forward with the final uh negotiations with  Witto Water Partners as we wrap up the contract. Council member Glass. Thank you. Thank you,  Mayor. I just have one quick question. And so   when we when I look at the green sheet, I think  it's on page or slide 39 of the presentation. It   says that only one proposal was received and that  subsequently this is also $386 uh,220 above what   was originally requested. Can you elaborate on why  above what was originally requested as well as why   only one proposal was received? The the best I  could probably tell you and uh speculate on the   one proposal and I don't think it's speculation  because I think we heard from the market and   uh I know we had discussions with others. There's  a couple things that happened existing facility   like this. Um it helps to have knowledge of the  facility. uh the team that we have probably has   the most knowledge of our current plan as  anybody in the industry just the work that   they've done over the years. And so what happens  when you when you look at projects like this and   people see it coming, they realize that there's  others out there who have been a part of it and   generally they they recognize that they won't be  competitive. Um and so they'll stay away from the   project. I would guess it has a lot to do with it.  I also know there's a lot going on right now uh   in the industry related to this type of work for  contractors and consultants and I just don't think   there's a lot of other capacity. So we expected  probably to have one team not knowing how it would   be mixed up as far as the additional cost. Um that  is tied to the fact that we originally were going   to move towards a 30% design. So our estimate was  based on that. That's why we originally requested   the $1 million budget. uh now that we're going to  go to 60% it's going to cost more. It's more time   factor. It's more it's more duration of that to  get to that point. That pushed us to a point of   with the design build vendor and the owner's rep  going from 36 30% to 60% that collectively just   pushed us over that original $1 million budget.  Uh it was nothing more than a time factor because   we decided to move further into the project at  this point in time. Okay, great elaboration uh   follow-up question. So on this side, construction  will begin after it can be taken offline um and   expected to take two years. So likely when this is  going to be brought before us with design build,   we would have already currently been operating  the new water treatment facility. or not. Um,   what are the pros and cons of advancing this  now before we have a timeline or an estimate   of when the new water treatment facility will  come online? The the pros for advancing this   now are multiple things. So, uh, if we can  move forward with the design now, there are,   uh, not knowing yet exactly what we're going  to do, how this is going to work. We have some   idea of the overall concept. we've talked about  philosophically we want to be able to bring this   plant online as quick as possible. I think we  have a pretty good idea of what that means from   the treatment process where we can minimize um  those types of things costwise and timing wise   so that we can bring the plant on as quick as  possible. Um that allows us to start moving   forward with that identifying what the needs  are of the facility uh the types of equipment   that are needed. I can tell you depending on  what is done and it's probably not in this   case but there are certain projects we have out  there now and this still goes back to result of   of what happened with supply chain during co  electrical switch gear we can see lead times   up to several years if we need to change things  out for this facility. We've seen that on some   uh one of our our newest police stations. One of  the last items that came in was electrical switch   gear. If we can get ahead of those now, uh we can  get equipment ordered, we can get ahead of that,   uh the lead times so that we're not waiting any  longer that we can close that gap. We are going   to get our new plant operational. Uh and what we'd  like to be able to do is have the design done,   be ready to move forward as with construction  as quick as possible uh once this facility is   offline. I think what that does during this  time period uh is it allows us the ability to   figure out a way to maybe get done quicker than  two years. No guarantee. Don't know what that's   going to look like, but I think the two years  probably also accounted for some of the design   period. We actually have a little bit of an  advantage now that we could try to get most   of the design work done before we even take the  plan offline. I don't know that there's any cons.   The biggest con I would tell you is if we push  this out, we're potentially going to see costs   go up. And that's including on the design side.  Uh these proposed contracts we have right now   uh with the design build vendor and owner's  rep, if we delay those, they're likely that   their costs are going to go up just as a matter of  time if we were to bring this back sometime later. Thank you, Gary. Council member  Ballard. Thank you, mayor. Uh,   sorry, Gary, if you mentioned this,  but have you covered uh warranties with the with the new plant as we figure out  the clarifiers and all of that stuff. Um,   have the warranties been renegotiated? So the one  thing I can tell you for sure is on the clarifiers   themselves. Uh at whatever point those clarifiers  are repaired and are operational, we do have the   guarantee of a full two-year warranty from that  point going forward. So that is a good thing. Uh   as far as warranties for the rest of the plant,  we are working on that now with Witchaw Water   Partners. It's it's uh it's it's complex uh and  it's a little bit challenging but but it's it's   something we are staying with and we will get  what we need to get going forward. That part has   not been fully resolved yet. Okay. Thank you.  But it has been for the clarifiers. Thank you,   Council Member Tuttle. Thank you, Gary. Thank  you, Don, for all your work on this. Always   appreciate it. My theme for today is going to be  redundancy. Um, I know you've already said this,   but I just want to ask again, just to make sure I  understand and the community understands, and I've   heard you say this before, are we one of the few  communities our size that doesn't have redundancy   in terms of water treatment plant until the now we  have the new plant that will come, but until then,   we were just operating with the 86y old facility.  Is that correct? That is correct. So making sure   that we have this functional is essential for  redundancy in case there was an emergency with   the other treatment plant. It it is and I might  add to that just to be very clear. We've talked   about for a long time now as we developed our new  facility about having internal redundancy on that   plant. So in case for those who have heard that  before, I want to be very clear. Our new facility   will have built-in redundancy we don't have now.  And what that means is if we have a portion of the   treatment process that goes down, we can stay  operational a lot better than we could. Now,   set that part aside. We are one of the few  communities, we looked at this as we were   going through developing options for this  project, we are one of the few communities   our size that has one treatment facility. If we  chose not to do anything with our current plant,   we would still be one of the few communities  our size that has one treatment facility.   You will recall we had a discussion uh city  manager Leighton when he was in De Moines's Iowa,   their treatment plant was flooded. Their  community was without portable water for   almost a month. You can imagine what that would  do uh to a city our size. There is no guarantees   even with a brand new water treatment plant that  something can't happen out of our control. Uh,   and that's why we think it makes so much sense  to have this second facility remain in place,   find a way to bring it online in 24 to 48  hours so we can keep moving forward. Thank you. I see no further questions for staff. Again, uh,  sorry, I do have one really quick one. This is   not out of our general fund. Is that correct?  Correct. This is part of uh, our utility fund.   This all rolls into our proform and part of  our utility rates. Thank you. With that, uh,   no further comments from the bench. We  will now open it up for public comment. I see no one from the public. I will now bring  it back to the bench. Um, Gary, thank you very   much for providing an update on the new water  treatment plant. um while this current water   treatment plant continues to provide water for our  community. Um and I know that uh there have been   conversations at the state level regarding  reuse um and other types of projects. So uh   the possibility for this current water treatment  plant to also have that capability in the future   uh is promising. Um and so um I would be happy to  move this item, but I see Vice Mayor Johnson would   like to speak. Go ahead. Uh, thank you,  mayor. Sneak in here. Um, on March 18th,   I voted against a million dollars to to re I was  the only vote voted against a million dollars to   repurpose this plant because a new water treatment  plant has multiple redundancies with it. However,   I will vote for this because we can see what maybe  problems can have with the water treatment plant.   Number one. But number two, more importantly  than that, the water reuse issue is a huge   huge opportunity for us. Um, and this could play  a major part in that. So w with that, I I will   fully support this. Council member Ballard. Mayor,  I'd like to make the motion if you're ready. Sure.   I'd like to take the recommended action,  approve the revised budget and contracts,   adopt the amending resolution, and authorize  the necessary signatures per charter ordinance   number 211. This item requires a 2/3 majority  vote. Five votes required. 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. Design concept and   supplemental design agreement number one for  web road from central to 13th street north. Good morning again, mayor, city council members,  Paul Gunelman, public works and utilities. For   the record, the item before you is design concept  and supplemental agreement number one for web road   from central to 13th Street. On October 8th, 2024,  the city council approved funding for improvements   to Web Road from Central to 13th Street. On April  8th, 2025, the city council approved an agreement   with professional engineering consultants  to develop design concepts for this project.   And on November 10th, 2025, the concept was  approved by the district 2 advisory board.   The map before you is the location of the  project limits uh with central on the left   side of the screen or at the south end of the  project and 13th street at the north end of   the project limits. Uh within the corridor  is Minaha Elementary and Collegiate as well   to the west on 13th Street that they do  have an entrance onto Web Road as well. some photos of some existing conditions  on the next few slides. This is north of   Central looking to the north. Web road is  a four-lane roadway with a with curb and   a signalized pedestrian crosswalk adjacent  to Maha Elementary School. There is sidewalk   on both sides of the street at the south end of  the project and there is a southbound left turn   lane at Central as well. Moving towards  the north, towards the midmile section,   there is no curb. There are open ditches  and no sidewalk. Moving further north,   this would be north of the collegiate entrance.  Web Road is back to a four-lane roadway with curb   and sidewalk on the west side of Web Road  only. And again in the foreground the uh or   background the the intersection of 13th and web  road has a northbound uh left turn lane as well. Slide for you shows sidewalk existing sidewalk  uh located in the area um with the blue lines.   Um you can see where the sidewalk is on the  south side or on the west side of web road.   They're north of of Central as well as on the  south of 13th Street and sidewalk exists north   of Central on the east side of Web Road um north  um towards the old uh former Allstar Allstar   Sports. There is also sidewalk along Central  and some portions of sidewalk along 13th Street. This is an overall larger view of  the sidewalk network in the area from   Kellogg up to 21st Street. The green  um shows where arterial sidewalk has   uh along the full length of the mile um on  at least one side. Some seg segments of the   roadway have sidewalk on both sides. The orange  line is the future red bud trail that will begin   construction this year. And we have received  requests for sidewalk along Web Road as well   as along Douglas in the past. And you can see  in red where those segments of sidewalk exist,   either on one side or the other  on Web Road and Douglas Street. Moving into the proposed concept. The proposed  concept proposes a five-lane roadway extending   north of Central Street um for Web Road,  including pedestrian facilities on both sides   of the street. And we would replace the existing  signalized crosswalk there at Menah School. Continuing north, um, this would be, um,  north of the former All-Star Sports is   what I had mentioned before, maintaining  the existing or maintaining the five-lane   roadway with the two-way left turn lane,  delane into the former All-Star Sports,   and again, pedestrian facilities  on each side of the roadway. And we would recommend a six foot  sidewalk on each side or six foot   facilities with the exception of when  it's adjacent to the back of curb. We have   um proposed widening that to 8 ft to um allow a  little bit more space for pedestrians to walk. As we've been through the district advisory  boards and meeting with area residents,   there has been concern expressed losing trees  along the west side of the fence, all of which   is in public rightway. As with all projects,  staff engages the city arborist and landscape   architect with the consultant to determine  the tree species and health of the trees,   and they are evaluated on a case-byase basis.  And if the roadway and sidewalk elevations can   be adjusted to save the tree as we move forward  with design, we will make those adjustments. And   the utility relocation plan also evaluates  tree impact and landscaping plan will be   included with final design to replant desirable  species for the region where space is available. Moving north um adjacent we are um adjacent  to a flood plane area. We would maintain the   fourlane section of Web Road. We would um  put sidewalk on both sides of the street.   We believe it is feasible within this section  and there has been concern expressed with the   flood len flood plane. Um we the design  as we move forward will follow federal and   state guidelines which do not allow raising  existing base flood elevations. Much of the   feel for the proposed sidewalk widening is above  the base flood elevation and we will not disturb   the existing fence on the west side. And again,  as we go through design, the sidewalk elevation   will be modified to minimize the any impact  or fill that would be required in this area. Oops, sorry. This is uh just south of the the  Witchaw Collegiate entrance. We are proposing   to introduce a northbound left turn into  their site and then continue that fifth   lane all the way up to 13th Street where the  existing northbound left turn lane exists. Now   um we have met with Collegiate the and  we've have checked traffic signal warrants   at their drive location. It does meet traffic  signal warrants. However, it would require a   petition and would be special assessed to Witchaw  Collegiate since this is a private entrance. So,   we will continue to have those discussions  with them. And if the timing works   um and petition is filed, we would construct the  the signal with the project. If not, then we would   um construct as much as we can um conduit, service  boxes, etc. to prepare it for a future signal. And then this is at the north end of  the project again um tying into the   existing northbound left turn lane at 13th Street. The design fee to date is $167,500.   The cost of supplemental design  agreement number one is 567167,150 thou5050 which brings the  total design fee to $734,650. Funding is available with the within  the existing budget of $750,000 that   was approved by city council in October of  2024 and is funded by local sales tax. The   capital improvement program includes overall $8  million, a little over $8 million for the project. With that, is recommended that the city council  approve the design concept supplemental design   agreement and authorize the necessary signatures.  And I will stand for questions. Thank you, Paul.   Questions for staff, beginning with council member  Tuttle. Thank you. Thank you, Paul, and thank you,   Steve Deenheart, right in the back. um appreciate  all of your work on this. We had a very robust   conversation at my district advisory board and  much followup with residents after that. So,   I truly appreciate all of your time. Um thank you  for addressing the flooding. That was something   that was a big concern at the district advisory  board meeting. Thank you for addressing the trees.   That was also something that was a big issue. We  did all receive an email this morning at 8:40.   I forwarded it to you and we've chatted since.  Um can you just address the concern and if you   mentioned I didn't hear it but about the existing  electrical poles near Beach Lake in this area and   and what what our plans are for that. So we will  need to get into further design um regarding those   to see if they are um you know if they would need  to be moved. Um that's that would be the next step   in the design. Um I know staff has met met with  representatives um of Murph. Um, I believe they   had an old site plan maybe back from 2009. So, um,  you know, I think they uh might have future future   plans to develop that. We don't know that quite  yet. So, um, we can continue to work with them.   If they have an updated site plan to maybe show  where um a future driveway might be or something   like that, then we can work that in, but we don't  have anything from them at this time to really   Okay. Thank you. And then um you and I have both  had multiple conversations with collegiate. We met   with the head of school and um some of their other  staff, met with board members. This is something   that they very desperately want. Not only the  sidewalk, but then also the the if it warrants a   signal um and and they understand that there would  be a process and a cost associated with that and   they're still very interested in pursuing.  But again, Mr. Herz's email from Murphin,   he talks a little bit about sidewalks. Um, do  they need to be on both sides? Any thoughts   regarding this? Per per the sidewalk ordinance,  um, the city is responsible for installing or   constructing sidewalk in each side of the, uh,  arterial street. Um, so, and we believe it is   feasible that we can get sidewalk on both sides  of the street with with this project. Okay. Thank   you so much. I appreciate all your work on this,  Paul. Great job. A follow-up question to that.   What's the cost of just the sidewalk itself? So if  the intention is to have connectivity between Maha   and 13th Street and there is just a missing  piece of sidewalk I think it's 53 slide 53. There we go. Um can you not just construct  one side of sidewalk? Uh tell me the cost of   sidewalks. You can give me a minute. Mayor, I  I think recent bids for sidewalk are probably   $6 a square foot. Um be my guess. So it  looks like that's about a half a mile. And again, not if we need retaining  walls or anything like that. My guess is it could be $25,000 maybe. I I'd have to really  look at that a little bit more. 60 ft times six.   Oh, I'm sorry. Times I'm sorry. $100,000. I  forgot to multiply by the u width of it. So,   so $100,000 for one sidewalk. So, two would be  $200,000 of the $8 million project. Correct.   Yes. I'll have further questions. Thank you,  Council Member Glasco. Withdraw my request. Um,   number one, thank you very much for um I think we  had this conversation about sidewalks last year.   What is the appropriate size of a  sidewalk? And I think you said now   it's six foot. Yes. Yes. And we, as  I mentioned during the presentation,   um, in this section here, we might since since  the sidewalk would be located at the back of curb,   we might, you know, we're looking at possibly  8 foot there just to provide a little bit more   space so that the anybody using the sidewalk  isn't walking right adjacent to the curb.   and and traveling vehicles. Um, $8 million is a  lot of money and it comes from local sales taxes   uh which are deemed to be used for streets. Can  you tell me what is the opportunity cost of this   $8 million if we chose to do repairs instead  on streets rather than reconstruct a street   which is just uh web road from central to 13th  street. Can you tell me what $8 million worth   of local sales taxes would help in repairing? So  how many miles could be repaired with $8 million? was looking for Aaron. He snuck out. I Boy, I I  don't know that off my top of the head. Mayor,   I'm sorry. Sorry. The reason why I'm asking  that question is because I do drive around   there and I don't see many folks who utilize um  that area. Uh in terms of pedestrian traffic,   I understand connectivity and I appreciate that.  Um, however, I don't believe that citizens want   to see more new, but rather help us repair some  of the streets that are already in disrepair. Um,   and I understand that we have a a framework  on which streets need to be prioritized. Uh,   but even just driving that stretch to Kellogg,  um, a lot of bumps uh, right in front of Texon   Aviation. Um, and so I guess I'm very confused of  why uh we're just focusing on just this stretch,   which is Central and 13th Street on Web Road,  where there are other parts that really do   need repair, not new. Um, so Council Member Tuttle  might have more insight since she had her district   advisory board. I'd like to know what uh residents  have said about this. Council Member Tuttle. Not   just at the district advisory board meeting, but  for the seven years that I've served on council,   I have had consistent messaging from the community  members in this area. The reason that you don't   see pedestrian traffic on the sidewalks is because  there's a huge gap and so they can only go so far   then there's no sidewalk and then they have to so  nobody uses the existing sidewalks that are there   because of the gap in the middle. Also the fact  that we have had consistent communication with   collegiate and also with independent school  and Minha Elementary School regarding this   issue. Um this corridor of our community is  growing exceptionally fast. Um crossing 13th   or crossing web are extremely dangerous even with  signalization and so this is something that has   been warranted by city staff by the engineering  team because of a need heard from the community.   Thank you. Council member Hoheisle. Thank you,  Mayor. Um, yeah, I think safety is one of the   main things that we need to look at here. We do  have two schools along this corridor. Were they   included in the safe routes to school study?  Do you know of that? I I don't know, but um,   as council member Tuttle had mentioned, we there  are have been uh vehicular crashes there at the   collegiate entrance um throughout the years.  Um part of it is a sight distance issue as   uh vehicles are exiting uh Collegiate Drive  and southbound vehicles. Um there's a crest   in the roadway that uh limits visibility of  those southbound vehicles. So we believe these   improvements could help that as well as the uh  northbound left turn lanes. So um but to answer   your question, I'm not sure if Mahawa was or  collegiate were involved in that safe routes   to school. Okay. I don't know back to you if you  if you know if it was or not. I do. If it's I'll   answer. Um the Witchaw area met Metropolitan  Planning Organization upon my recommendation   reached out to Collegiate. There's been three  accidents at this intersection with Collegiate   faculty, staff, or students this year. So, this is  a pretty um this isn't just a a road improvement.   It isn't just a five lane road improvement,  which is warranted, but it's safety improvements.   And this isn't just a sidewalk project, it's also  safety improvements. So, thank you for asking the   question. I appreciate it, Council Member Holis.  Yeah. And just for background for people watching   or in the audience, um this is a study that  we've partaken in recently uh reaching out to   the schools within the area within um actually our  regional transit area. So, even outside the county   um looking at safe routes for kids to get to and  from school. and they they are coming back with   recommendations um including sidewalks and  neighborhoods, signalization, um speed limit   signs, etc., etc., speed zones and whatnot. So,  I am just curious if if this has been looked at   and if they have passed on any recommendations  because I I might agree with the mayor on a lot   of what she said as far as prioritizing road  work. But again, if safety is involved in this,   um that's definitely something I think takes  precedence. Thank you, Council Member Tuttle. One more question. It's about the um the wiring  across. I don't know if that's City of Witchaw   responsibility or if it's Everg responsibility,  but um along some of those routes currently,   uh there's overhanging wire from one west side  to east side of Web Road, including south of this   location. Whose responsibility is that? I believe  those are ever poles. Um, now there could be other   utilities, franchise utilities on those that  might be crossing. Cox or somebody like that   could be on those as well, but um, for the most  part those would be Evergy polls. Thank you,   Paul. I see no further questions for staff.  We will now open it up for public comment. Faith Martin, District 2. And I'm not speaking as  an advisory board member. I'm seeking uh speaking   as a constituent that lives in district 2.  Um many years ago, uh I did walk quite a bit   more because I live closer to that area and  that was a scary part of the road to walk on   um because you're just walking in a ditch. Um,  not to mention that, uh, my child is grown now,   but we used to do Girl Scouts at Maha, and there's  just no connecting. You can't do anything around   the school. Um, I I don't think it's as someone  that is a taxpayer that con consistently asked you   guys to be responsible with our sales tax dollars.  I think this is why we pay sales tax is to have   improvements like this. We all want better roads,  but we also want kids to be safe, and we want   residents to be able to get from A to Z without  worrying about walking in a ditch or falling into   the road. So, uh I I agree with um the design  proposal. I know that there's still things that   are going to happen, but I think it's really  really important that people realize this isn't   just to have pretty sidewalks. This is a need  that's been going on pretty much since I've lived   uh in East Witchah. So, thank you so much, Thank  you, Faith. We'll continue with public comment. Hi, my name's Paty H and uh our uh backyard  actually faces Web Road and we're like the   second house in from Collegate and uh last summer  there was a lot of flooding with all that rain   and the flood because the road is quite a bit  higher higher than our back of our yards. So,   uh you'd have to climb up, you know, to get to  the road. And, uh it took out the flooding took   out a big section of our fence on both sides  and the water came up halfway up the yard. And   u I'm concerned that when they put I I think  the sidewalks is a great idea. I think they need   something for the kids to walk to school and all  that, but I'm concerned about the when they widen   that road and put the sidewalk in, that water  is going to go up further up into houses. And   uh the houses a little further down got really  high and they had a sandbag. it was really close   to their house and so it'll displace that water  and so that water will start coming up further   into people's you know yards into their houses  and that's the only thing I'm really concerned   about is that but I think the project for safety  wise for kids and everything the sidewalks are a   great idea but I'm just concerned about the water  situation And I know that was unusual rain, but it   could happen again. I've lived through a couple  of floods myself. So, um, but I appreciate your   consideration on that fact and how they can do  something with their engineering to help prevent   that. So, thank you. Thank you, Paty. Uh, that is  a follow-up question to staff. Can you address the   flooding? Um I know that that has been a issue  especially in that area. Um how will the design   um mitigate some of this? Uh mayor and council  members, I'm going to butt in here. Sorry if you   don't mind. Gary Jansen again. Um I want to talk  about what happened last June. Uh and the comment   was made that it was unusual. And I I would tell  you that the rains we had last June were historic.   They were beyond unusual in the 31 years now  almost that I've been with the city. We saw   high water marks that I've never seen before in  my career, especially in parts of East Witchto.   Council member Tuttle and I in particular, we  spent multiple days and evenings on culde-sacs,   driveways, and people's front rooms looking  at really catastrophic flooding that we hadn't   seen before. uh those events, the combination of  events. Uh Cedric County uh did some mapping of   what happened in certain areas. There's so many  things that can happen in storm events as far   as the duration, timing, where it rains in what  basins. Uh they categorized it as probably beyond   uh even a 500year event. And the reason why I  say that is because that is not the the thing   we should compare anything to. the flooding  that was referenced from June, it would have   happened whether that road was there or not. Um,  nothing was going to change. And to that point,   our we require design consultants, and I know  Paul and his staff have done a great job with it,   uh, to show that they're not going to make  anything any worse. That's not always ideal.   We can't always make improvements. We have zero  chance to improve what happened in June. If it   does happen again, the same flooding is going  to happen whether there's sidewalk there or not.   We are confident of that because of the size of  the rain event. I just want to make that very   clear. What we've told the folks that we went and  talked to is if you see these types of problems   during a one-inch rain event, then we need to  talk because that becomes more of a structural   issue and a challenge that we need to try to take  on. But with the development standards we've had   in place for some time, especially as regards to  drainage, including in neighborhoods like this,   uh if it rains like that again, it's going  to happen like that again. whether we were   discussing this project or not and no matter  what happens on this project. To that point,   I'm confident that this design will do everything  we needed to do to not compound the issue   uh during normal events. Council member Tuttle,  thank you and thank you, Gary. Um great job and   and thank you for being here today, Miss Py. I  appreciate it. Um, I have had extensive experience   with that corridor because when they were  trying to replace the fence several years ago,   it's a federal floodway. And so, we assured the  folks and Steve was there at the district advisory   board meeting and I think did a really great job  and some great job with follow-up discussions that   because and and Gary always say when I'm wrong,  but it's a federal floodway, so we cannot make   it worse. We absolutely cannot. And and I will  ask you to hold us accountable like Gary said.   Um but in the meantime, if there is water um when  there's a couple inch rain or whatever, do let us   know. But we cannot make it worse. And so I know  that the design team, the engineering staff will   do everything in their best interest to make any  improvements if we can. Uh but we absolutely won't   make it worse. Thank you. Agreed. Thank you.  We'll continue with public comment. I see none.   We'll close public comment. Thank you, and faith.  This resides in council member Tuttles's district.   Thank you. I move that the city council approve  the design concept supplemental agreement number   one and authorize all necessary signatures. Second  motion and a second. Any further discussion? Um,   I will be voting against this not because I don't  believe in this project, but rather I really want   us to start considering when we make decisions  from this bench, what we vote for means that   we're putting money and investment into that and  not into something else. And when I me I asked the   question, how much street repair, miles of street  repair could this $8 million go towards? I really   believe that's what the community is asking us  to do. I drove through multiple parts of this   city during New Year's Day and there are many of  roads that need repair and so I am very cognizant   that people want us to repair streets first and I  am very grateful that this will help with safety   um and connecting a sidewalk that currently  is missing. But I would also still challenge,   do we need two sidewalks rather than one side of  the street having sidewalks? In addition, I also   want to make sure that when we talk about these  types of investments, and they are local sales   tax dollars, um, and again, the current local  sales tax is a Cedric Countywide sales tax, not   a city sales tax. Those dollars are being spent  for streets. And so for me, street repair is the   most important. Um, and so my vote against this  is not against wanting to have more safety and   more opportunities for connectivity, but rather  we need to start looking at if we do make an   investment into new things, what are we foregoing  um because we're making that decision. Council   member Johnson. Thanks, Mayor. Just want to add my  thoughts to that. Um, Witchah for quite some time.   started serving on the council in 2018 has  been working towards being a more bikable,   walkable community. And for me, that means  as we look at what we're investing in versus   what we're not, I think that we could take the  both end approach and invest in repairing roads,   new roads, but also building um effective bike  lanes and walk lanes for people to uh enjoy as   well. Witchah historically has just been a place  where you hop in your car and you go and you try   to park the closest that you can to a space. But  as we rightly, in my opinion, were working towards   being more bikable and walkable. When you look at  the places where people plan, we were making the   right investments in areas to add bike lanes, to  add sidewalks, and to make sure people could get   out of their homes and walk down the street or  walk to whatever amenities were there. I think   that again this approach, not only this project,  but multiple projects going forward is the right   approach for the community. Yes, I heard that when  I was elected when we were only spending maybe $4   million on roads and now we're upwards of 12 uh  per year, but also we saw the wish, the hope, the   demand that we do more for people who use other  modes of transportation like bikes or walking.   And there's a lot of people, as we know, with  suspended driver's licenses as well. And so making   sure we invest in connectivity is a big deal. We  can maintain the what we have, but we also can   build new. And we won't make our community better  by just simply trying to maintain building those   roads. Again, public works has done a great job at  looking at different ways in which we can expand   the dollars that we use um to make our roads  better. But these types of investments continue to   make our uh city, our community better. And as we  look at what's going on around the country and we   look at talent retention, young folks that would  want to come to Witchah may not want a vehicle,   but they may want to be able to bike and walk  to where they're going. So investing in that   connectivity network now means that we have a  greater city for the future. So I'm supportive   of this project. I hope that the council um the  future council continues to invest in all of this,   those bike lanes, expanded sidewalks, and  improving our roads. And I really appreciate the   commentary. I will have more, but Council Member  Tuttle, thank you. I just Councilman Johnson,   thank you for your comments. And again, this  is about safety. It's about connectivity,   making sure people can walk and bike, but it's  also making sure that they can do so safely. Um,   I just did want to address the comment of is this  road in the the biggest state of disrepair? No,   there are certainly other roads that have more  potholes that need more maintenance. I would   completely agree with that statement, but this  road was designed before the increased traffic   volume that we see now in this corridor. And so  it has exceeded its shelf life, if you will. It's   not, you know, in just and and I'm assuming Paul  is agreeing with me because I see some nodding,   but truly in essence, this is a safety issue and  I will be supportive of this. I made the motion.   I could not in good conscience go back to people  at Collegiate and tell them that we're not doing   everything to address the safety issues around  this corridor. Thank you. My last comments are   every time we build new, we have to maintain  that new infrastructure and in this situation   there will be two new sidewalks and it will be the  responsibility of whom to maintain that sidewalk.   If I remember accurately, the sidewalk will be  the responsibility of the adjacent property,   which means whatever business is along there,  whatever home is abutdded to the sidewalk,   it will then become their responsibility.  Is that accurate? I see head nods. So,   when you build new, you have to maintain it.  And that's another cost that we don't take   into account in the $8 million. There's ongoing  maintenance costs. Um, and just as a reminder,   the city has well over 5,000 lane miles of street  that the city must maintain. And for perspective,   during a winter storm, only 1,500 of the  5,000 lane miles are actually plowed first   because those are emergency routes and major  streets. So, that still is a lot of street.   again just for perspective to maintain and  sidewalks are often the responsibility again   of the adjacent property. So my vote again against  this is not because I don't want connectivity.   I do I want connectivity. I also want safety.  But I also see that we have limited dollars and   when we are trying to weigh options, maintaining  streets is more important to me than creating new   uh infrastructure that then will need to  be maintained in the future. Um so again,   my vote is not against those in district 2,  but I'm looking in a wide lens and seeing the   streets that still need to be maintained  uh here in Witchah. With that, we have a   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes. 61. Madame clerk, please call the  next item. Design funding for 13th Street North   from Country Acres to Ridge Road. Paul Gonzelman,  public works and utilities. For the record,   project is design funding for 13th Street Country  Acres to Ridge Road. The 2026 through 2035 adopted   capital improvement program includes multiple  projects that are identified to begin design   in 2026, including the project before you.  Again, this is a a location of the project.   uh country acres to the left of the screen  or to the west and ridge road to the east. This is adjacent to uh the the forthcoming patrol  west substation. Um the design will provide a   westbound left turn lane into Witchtop West site  and include drainage improvements as needed. The design will also consider the pedestrian  and bicycle components. The Woodchuck bicycle   boulevard, as you can see, um is uh north of 13th  Street on Morgantown. It is a shared uh Cheryl   markings, uh street markings. The path continues  west on the north side of 13th Street and crosses   at the signalized crosswalk. And then there's a  a off-site path um towards Denmark and then it   continues on street from that. So this this uh as  we widen 13th Street to uh what would be proposed   as a a a five-lane roadway, um we would need to  consider the bicycle and pedestrian components   that currently exist in the area. The 2026  through 2035 adopted capital improvement program   includes $750,000 of local sales tax funding to  begin design for this project in 2026 and staff   recommends initiating the full amount at this  time. The adopted CIP also includes $3 million   in 29 2029 for construction. However, staff will  be coordinating with the finance department to   um possibly shift construction funding for the  13th Street improvements forward um in earlier   years to be more aligned with the Patrol West um  construction and we will work on that during the   next CIP programming cycle. And with that, it  is recommended city council approve the budget,   adopt the resolutions, and authorize the necessary  signatures. and this project will come back before   you um for concept approval at a future date. With  that, I would stand for any questions. Thank you,   Paul. Questions for staff, beginning with Vice  Mayor Johnston. Thank you, Mayor. Thank you,   Paul, for working on this and and thank you  for for trying to move it up a little bit to   to coincide with the West Patrol Station. It  makes sense. That's where government sometimes   does make sense. So, thank you. Uh the traffic on  this street has probably doubled. I don't know if   it the exact numbers, but it's really increased  since that bridge went in the connected 235. So,   it lines up for blocks and blocks and blocks. So,  heavily traffic street uh northwest high there. Uh   we've talked about some dangerous ingress egress  to northwest high that we're working on. Um but   just a lot of traffic so much needed. So, thank  you. Paul, can you go back to slide number 70   with the map? Yes. There we go. Um, how big are  these sidewalks? So, the the path on the north   side there, I believe, is 10 foot. Um, they're  between Morgantown and the existing um signalized   crosswalk. Um, that path was put in Oh, or route.  Uh it's an overall network which Boulevard I   believe um shortly after the 2013 bicycle master  plan was adopted. Um this was one of the projects.   So um we tried to get 10 foot in there if we could  um to um get cyclists to a safe crossing across   13th Street. So again, we'll have to really uh  look at that as you know if 13th Street as you   know if the proposed concept is a five lane um  the additional lane how much width we would have   for that facility in the future. And the one on  the south I think going to the west um west of   Denmark my guess is probably five or six feet at  this time. So, we just had a project on the east   side of east side of town that we just discussed  and that was six foot sidewalks, possibly nine in   some areas. Can we have some consistency?  I know that from this bench last year,   we talked about 10-ft sidewalks, how big they  are. And one of the uh graphics that was shown   was two bicycles, a wheelchair of a pedestrian  all at the same time in just that stretch. How   many times does that actually happen where we have  a bicyclist, a pedestrian, someone on a sidewalk   all at the same time with that type of traffic  jam? I I couldn't answer that. Mayor, I I think   we need to be uh considering um and I would be  appreciative of having a workshop regarding this,   but some consistency regarding some sidewalks. I  have seen sidewalks where they're four foot uh in   width and multiple people have been walking and  enjoying that 4 foot sidewalk and then I've seen   10-ft sidewalks with hardly any folks utilizing  it. So a cost per use needs to be considered. Um   so I guess and remember we also have to maintain  it. Um whether it's the adjacent property owner   or if it's on public property the city of  Witchah and its citizens have to do it. So,   I guess my question is, can we have something  in a workshop soon uh regarding more of these   street repairs, the cost of these street repairs,  um, and how much these sidewalks uh cost and what   is the most prudent size for these sidewalks  around our community? Um, and so that's an ask,   right? and our our capital improvement pro, you  know, arterial streets, we um our minimum that   we would want is six foot sidewalk on each  side. If it is along a a bicycle um route or   proposed bicycle network, then we would look  at a 10-ft multi-use path on one side of the   roadway or the other. Um this one, um as I said,  when the when the Woodchuck Boulevard went in,   um we widened that existing sidewalk to create the  10 foot. Hopefully it was 10 foot to for the to   accommodate cyclists. So, and quick question just  as a followup. So, it is legal for bicyclist to be   on the sidewalks. Is that in this area? Yes. Just  this area? Well, I don't believe it is downtown.   Yes, it is legal except for the certain core  area of downtown and I can tell you the streets   if I look it up, but it's just in a small area of  downtown that they're not allowed on sidewalks.   But everywhere else outside of the downtown core,  bicyclists can ride their bicycle on the sidewalk.   That is correct. Thank you very much. Uh lastly,  what is the estimated total cost of this project? I believe, let me see here. Sorry, I  did not get that in there, I guess. Um so it would be 3,750,000. $750,000 now for  design and then the $3 million in 2929 as program   now for construction. So $3,750,000 that does  not include the uh change to five lanes that that   would be um yes that would be the construction.  This the item before you today is to um approve   the funding design funding. So, we will um my  guess is it will be a five lane roadway through   there. Um once we get a consultant on board to  begin design that would be flushed out. But yes,   so construction in 2029 as programmed in the  CIP would include that five lane roadway. So,   this is a $3 million project for making this  into a fivelane roadway and adding sidewalks   versus the one previous to this business item,  which was $8 million for a stretch between 13th   and Central on Web Road. Is that accurate? Th This  is approximately a half a mile. And the the intent   of the project is to create a left turn lane,  westbound left turn lane, and to patrol west and   then as well as you know once we get that and then  tie back into the five lane roadway at Ridge Road   there are quite a few side streets within that  that we believe that a left turn lane um two-way   left turn lane would um reduce crashes in the  area. Um but again, yes, this is a half a mile for   approximately $3 million. The web road project was  um it's a mile um includes a signal and a large   manage component to that project. Thank you, Vice  Mayor Johnston. Thank you, Mayor. I do appreciate   the thought of not spending too much on sidewalks.  However, this is leading up to Sedick County Park,   which there are a lot of bicyclists in Cedric  County Park. So, I would I would ask us to to   do everything we can for a 10-ft sidewalk on  the north side uh leading to Cedric County Park   because I do see a lot of people uh using that  and even more if it was there. There's one stretch   where there's no sidewalk. Um and there needs to  be. So, I do appreciate that. And you're right,   Paul, there are a lot of ingress egress points  here. And uh when the traffic backs up two or   three blocks, you have somebody turning left.  People get anxious. They try to zigzag over   into the other lane and that's when accidents  happen. So, it is much needed. So, thank you. Councilman Glasco. Thank you, Vice Mayor. I just  want to echo, I have expressed concerns about 10-   foot sidewalks when they're built at 135th Street.  Makes sense here. It makes sense with the traffic   that we see at the park. Um, especially the  bicycle traffic and that's my running route.   And often there is multiple bicycles and runners  at one time. Um, and so I'll be supportive of this   today. Thank you. Thank you. Any other comments?  We will now open it up for public comment. Anyone like to comment? I don't see anyone. We'll  bring it back to the bench. Don't see any comment   with that. Since this is my district, I will  move that the city council approve the budget,   adopt the resolution, and authorize  the necessary signatures. Second. Thank   you. There's been a motion and a second.  Clerk, will you please open up the role? Vote passes. Uh 6. Clerk, you please you please  move to the next item. Vice Mayor. Yes. Can I take   a point of privilege? Could Could I request  that we take a a recess for um potentially,   you know, restroom, lunch, whatever? This is real  power for me. I know. I'm giving it to you. Um,   yes. I I'd like to do this since  I've only got like a week left   of this. Let's let's take a 15minute  break and we'll come back at 12:45. Now return to the council meeting.  Madame clerk, please call the next item. Funding for 2026 traffic improvements and  signalization program, railroad crossing   improvements, and unified school  district 259 safety improvements. Paul Gunsman, public works and utilities. For the  record, um I have multiple items before you. Um   standard items in the capital improvement program.  The 2026 through 2035 adopted capital improvement   program includes funding for the following  projects. traffic improvements and signalization.   Um, this is traffic safety improvements including  geometric improvements, signal timings and   signalizing intersections when warranted are  part of this. Rail crossing improvements. There   are approximately 185 rail crossings within the  city. City and railroad staff coordinate projects   to improve crossings. And the last item, school  district safety improvements. The city and the   USD 259 staff meet monthly to discuss issues or  concerns at schools throughout the district. The   projects will improve the following. The 2026  traffic improvements and signalization program   will be used for improvements to the Kellogg and  Rock Road intersection and the remaining budget   will be used for additional priority locations.  Um the proposed improvements are anticipating to   um the bridge at Rock Road over Kellogg is 11 to  12 lanes wide depending on where you're crossing.   Um we would like to modify make some  modifications to include a a mid block mid   um intersection uh walk don't walk push button in  there to help um so that pedestrians can cross one   um one lane or one direction at a time and we hope  that will improve signal timings at that location.   The railroad crossing improvements will require  coordination with Burlington Northern Santa Fe,   Union Pacific, Kansas, Oklahoma, and  Witchaw Terminal Association. Most of   the improvements are made by the railroads,  and a portion of the costs are paid by the   city. Some maintenance work such as minor  improvements to crossing approaches and   drainage improvements may be performed by the  city department of public works and utilities.   Um this is a location of a a previous crossing.  Um showing that uh scheduled road maintenance   um provides an opportunity to um work with the  railroad to upgrade their crossing panels such   as this one that has been um completed there  at McCormack and Southwest Boulevard. These   are driven by citizen complaints. Um we you know  they provide us some locations for us to look at.   Staff will go out and evaluate it and then contact  the railroad if needed to make these improvements. And as mentioned before, the city and  USD259 staff um meet monthly to discuss   projects. Uh we meet at various schools, a  different school each each month to review   um issues that might be surrounding the school on  adjacent streets, crosswalks, etc. And the city of   Witchaw is responsible for the overseeing  the design, construction, and maintenance   of each project and then we are reimbursed by  USD259. Some projects that have been completed   around schools in recent years were crosswalk uh  painting improvements and as well as uh you know   they can be ex as extensive as uh relocating  a pedestrian crosswalk to where it might make   better sense for students are crossing. And in  this case, we also use some um put some curb   extensions or some median modifications to calm  traffic as well. For financial considerations,   the 2026 through 2035 adopted capital improvement  program includes $675,000 for traffic improvements   and signalization, $200,000 for railroad crossing  improvements, and $100,000 in school district   safety improvements. And as I mentioned before,  sitting in USD259 agreed to a total annual cost   of $100,000 per calendar year. And again, that  is split 50% from each party. Staff recommends   initiating the full amount for each project at  this time for a total of $975,000, all of which   are funded by general obligation bonds. and I  will stand for any Oh, it the recommendation   is to approve the budgets, adopt the resolutions,  and authorize the necessary signatures. And I will   stand for questions. Thank you, Paul. Questions  for staff, beginning with council members. Thank   you, mayor. Easy question, Paul. It says in the  green sheet that a portion of the cost paid by   the city with most of the improvements made  by the railroads. So, it says that the city's   cost is 200,000 for crossing improvements. Most  and a portion are subjective. What is the hard   number that the railroad's paying? That depends  on each crossing. Um, council member, you know,   some of these might be the crossing panels um that  I mentioned, you know, where these are old wooden   ties. Um, and then we would be responsible for  part of the approach slab. So our portion would   be just what um crossing panels are the more  expensive part of it. Um we would just be on   the hook for some of the approach slabs. So do  we define like most as like 60% 80% 90%. I would   probably say probably 80 to 90% by the railroad.  Okay. Thank you. Council member Hoheisel. Thank   you, Mayor. Um Paul, when we're we're doing um I  guess the conversations with the railroads about   the improvements or maintenance um does in this  conversation does wayside signals ever come up?   I don't believe it has in the past necessarily. I  think that's a separate issue. Um these are more   about the crossing the the ride across them. I  know we've had a in recent months we've had some   um inquiries or concerns about the crossing on  Athenian near Second Street. Um we got another   one at 13th and Zoo the other day. So these  are more kind of the ride of the crossing.   Um I think the wayside signing a little bit out  of this scope. Yeah, it's more I mean it's the   wayside signalization would be the considerable  amount more than what we have budgeted here.   I just didn't know if that figured into any of  the discussions. And I'm always going to be an   advocate to pursue wayside signaling wherever we  can, wherever it makes sense. And once we get the,   as mentioned before in a previous item, once we  get the results back from the WAMPO um you know,   the safe routes to school projects. I'm sure we  will be discussing each of those with the schools   as well. Um, we haven't seen that report yet, or  at least I haven't, but once we get that, so there   might be some projects that come out of that that  we would utilize this funding for as well. Okay.   Yeah, you peaked on my on my notes here. Sorry.  Um, well, when it comes to safe routes to school,   I would also like to entertain looking at just  CIP in general, not necessarily even sticking   to just this because I do believe that safety  of the students is issue number one for us. So,   I would like to explore just getting that  in a regular CIP and seeing if we can uh   expedite some of those, especially where there's  um obvious hazards. Uh the last thing real quick,   um you know, where we're doing the construction  on Mount Vernon and we're going to be moving the   crosswalk at me school there, middle school. Um  will that come out of this or is that something   that comes out of that whole Mount Vernon project?  that was included in the Mount Vernon project and   would will be completed with that project.  Okay. So, it's Yes. out of that budget. Yes.   Correct. Thank you. Thank you, Paul. I see no  further questions for staff. We'll open it up   for public comment. I see no individuals who would  like to address the council. We will close public   comment and bring it back to the bench. This is  in multiple districts. And again, um appreciate   uh these safety improvements. So with that,  I will move that the city council approve the   projects and budgets, adopt the resolutions,  and authorize 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. Contracts and funding for exploration   place parking lot expansion and MLAN Boulevard  pedestrian crossing and sidewalks along multiple   arterial streets. Paul Gunsman, public works  and utilities for the record and this will   be my last item today. um contracts for funding  for exploration place lot expansion and multiple   sidewalks is the item before you. On June 10th,  2025, the city council approved funding for the   2025 arterial sidewalk program. And on June  27th, 2025, city staff issued a request for   qualifications for design services for sidewalk  along multiple arterial streets and expansion of   the exploration parking lot and MLAN pedestrian  crossings. On August 28th, 2025, staff screen and   selection committee met and interviewed firms that  responded to the city's request for proposals. Six   responses were received. The staff screening and  selection committee review reviewed the proposals   and interviewed three consultants Bauman,  Bartlett West, and Garber on August 28th. Based   on the qualifications of experience and staff  availability, this committee recommends awarding   the design projects design contracts to Bothman  and the contracts have been prepared accordingly.   The proposed improvements at expiration place will  consist of pedestrian facilities along the north   side of MLAN, a pedestrian crosswalk crossing MLAN  Boulevard and parking lot expansion. The parking   lot expansion includes approximately 100 spaces.  It also includes eight spaces for bus parking,   pedestrian circulation through the parking  lots and lighting for the uh parking lot   itself. We have uh worked with expiration  place. They have seen this concept. In fact,   multiple concepts were reviewed. This  is the choice. Um we had um recommended   concept. Um we had also you know the eight bus  parking came from those discussions as well. And on June 10th 2025 the regarding  arterial sidewalk the existing budget of   $750,000 was approved by city council. As  a reminder, the proposed locations included   Cica from 63rd to 55th Street South, 55th  Street South West to Synica to Charles,   which would um allow students to get to Campus  High, 45th Street North, Hoover to Bridgeport,   and additional locations will  also be added as funding allows. A contract for exploration parking lot  expansion MLAN uh pedestrian crossing has   been prepared with Bofman. As I mentioned  before, this is for $50,000. The adopted   2026 through 2035 capital improvement program  includes $1 million and ongoing projects for   exploration place improvements and they  are funded by general obligation bonds.   staff recommends in recommends initiating  the full amount at this time and a contract   for the arterial sidewalk program has  been prepared with Bofman for $100,000. And once we get concepts for those sidewalks,   we will bring those back to city council for  approval. And with that, it is recommended   that the city council approve the projects,  budgets, contracts, adopt the resolutions,   and authorize the necessary signatures. And I  will stand for questions. Questions for staff. I see none. I just have one question. So, the full  amount is $1 million in improvements um at the   Exploration Place location. Is that accurate? That  is correct. Yes. Thank you very much. With that,   we will close uh staff questions and we'll open  it up for public comment. I see none. We'll bring   it back to the bench. Uh this resides in Council  Member Ballard's district and others, but mostly   Council Member Ballard. Thank you, Mayor. I am  very excited about this. We've been talking about   um helping uh the Mid-American Indian Museum find  uh parking since we had to remove the parking   lots across the street. So, I'm very excited  that this is kind of coming to fruition and   um I know with the expansions at Exploration  Place, it'll be uh highly utilized. So with that,   I'd like to take the recommended action,  approve the project, budget, contracts,   adopt the resolution, and authorize the  necessary signatures. Second motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 70. Madame clerk,   please call the next item. Crystal Prairie  Lake Park phase 1 public artwork 30% design. Good afternoon, Mayor, City Council.  Jana Irwin with the Division of Arts   and Cultural Services. And the item  before you today is Crystal Prairie   Lake Park phase one public artwork  30% design. And this is in district 6. So, a little background. Phase one of the project,  which was fully initiated on October 21st, 2025,   will include a multi-use trail along part of  Hoover Road, a street crossing, a parking lot   within the park, and fencing between the Brooks  Landfill and the park. And this is what the   uh the integrated public art will be  working with. The multi-use trail will   provide a connection to an existing multi-use  trail south of K96. Modifications to the K96   bridge over Hoover Road will be required.  Phase one improvements will provide long   anticipated access to the park for  pedestrians, cyclists, and motorists. So RDG planning and design has worked on Crystal  Prairie Lake Park o for over 16 years. And on   September 9th, 2024, the design council approved  using RDG as the artist for Crystal Prairie Lake   Park phase 1. The rationale behind this proposal  and and decision is that RDG has an in-house   artist studio and they have produced nationally  recognized public art projects over the last   um several years. On January 7th um 2025,  the city council approved supplement design   agreement number three with RDG for design  and artist services. And then on October 6,   2025, the design council reviewed the 30%  design and requested a revised BM design   to address safety and visibility and improved  connectivity to Hoover Road. On November 3rd,   2025, the design council approved  the revised 30% public art design. And I'm going to invite Tim Kellums  to come and provide some background. Good afternoon, mayor, city council. Uh Tim  Kellum, public works engineering. Um wanted   to kind of have make sure we have this site plan  up here to kind of understand exactly where we're   planning to put this public guard. Uh as Jana had  mentioned earlier, uh we had brought this project   a couple of times before city council to present  uh kind of the concept. So uh this should look   all pretty familiar. Uh just as a reminder as she  mentioned earlier this will include the public art   and which we'll be talking about today but also  include that pedestrian crossing. It'll include   the trail under K96 and that's one of one of the  big components of this project is creating the   connection under that uh bridge there as well as  the parking lot and then that new fence around the   the Brooks landfill. So in total this project is  about $2.6 million with a million of that coming   from a private donation. So, uh, just kind of  want to put that into perspective on how this,   uh, piece fits into the rest of the the project.  So, the seating area is along the multi-use   trail. Figure that'd be a great spot to put it  considering most of this is for uh, the trail. Um,   one of the things that uh, we're envisioning  is that there's going to be a large number of   pedestrians coming to the park um, usually south  of K96, but there's also I guess I'll go back here   real quick. Just want to note the uh the housing  that is over there and the the developments over   on the the west side of Hoover. So, we do have  uh housing that we're imagining are going to be   coming to the park and that's kind of where this  making sure that we have the pedestrian crossing   in a good spot, make sure that we integrate  the public art in the right location and trying   to anticipate where we're going to have the most  abusers so we can try to get the the most bang for   our buck with this uh art piece. Um so the seating  area um wanted to make sure that when people come   across that uh from those neighborhoods across  into the park that they're welcomed they have   a sense of of uh I guess entrance into the park a  sense of um welcoming to the park and coming into   uh see the lake uh which will be the the largest  lake in our park system. So we imagine there'll   be quite a bit of use out there. Um we are  envisioning using colorful ceramic pieces uh to   be implemented into these sloped earth. We have a  ton of literally tons of earth out there for when   they were doing the mining of the lake. So we have  an abundance of earth there. So the designers when   they uh went to the to the drawing pad they were  thinking about what can we use that's already out   there. existing BMS and existing soil material is  one of the main things that we have out there and   easily used and it can just be moved from around  the site. So we have tons and tons of earth to   work with and so contextually appropriate quotes  or scientific names and something like that. We're   still working through that. Again, we're at 30% so  still flushing out some ideas but imagine ways to   try to make this a little bit more educational,  try to provide a bit a bit of sense of place,   trying to connect with the the wildlife that is  out there. Um I will note that since it is such a   large site, we do imagine that there'll be quite a  bit of wildlife throughout the area and obviously   within the park uh we have tons of fish that have  already been uh put into the lake itself through   uh Kenny's Department of Wildlife and Park.  So there's already this idea of of nature and   activity out there. Um so providing um this design  here connecting it with the seating elements. So,   we're trying to make sure that this art isn't  I wouldn't say plop art because it's not what   this is. We're intentionally in integrating this  into the site and into the BMS with a material   that we already have on site. So, you can see  here uh on the left side that sketch there uh   working with those landforms to try to create  a unique and interesting environment as well as   um provide a sense of of uh respit  place some benches and things like that.   So, one of the things to note was that uh during  design council, there was some conversation about   making sure that the BMS weren't too tall. And  so, we went back to the drawing board and decided   to reduce those BMS just to try to help make sure  there's good visibility. One of the things that we   looked at was basically flipping the BMS as a on  Hoover Road, basically flipping them upside down   so they can be open areas or lower areas where  we can start to have more grasses, things like   that growing. You can see over here they took some  inspiration from buffalo wallows where buffaloos   would come into the prairie. They'd start rolling  around and eventually they start to have these   lower depressed areas where vegetation would  grow up. Uh so trying to to take a bit of the   prairie and help move that integrate that into  the site here. Here's another uh model rendering   of of the site and what it may look like as we  start to get into it. Again, we'll have the lake   um facing with those higher BMS. One thing that we  wanted to have was, and you can kind of see here,   uh, kind of with that arrow where the lake is, as  you can see my mouse here, we do plan on having   an additional rest of the trail system that's  planned throughout the park, uh, to go around   the lake. So, this is a great spot to have that  first tie-in point where we start actually pushing   people through and into the site. So, again,  trying to, uh, make this a bit of a grander   entrance while using the existing materials we  have on site, not try to get too flashy with it.   didn't think that would be too appropriate for  the site. Uh you can see here adding the seating   elements in would be would be a great spot for  this especially if you're meeting up with folks.   Um let's say grandma and grandpa came to go  walk around the park. We see that in some of   our places where these parks are gathering spaces  for people to gather, meet up together uh and then   go through the park and and walks and things along  those lines. Again, the main thing here that this   graphic is showing is that the tallest point is  about three feet tall. So again, that that is not   not too very tall. You can still see people while  they're sitting. You can still see who's there.   Uh and that is at the very top point and it does  start to slope down. So it's not continuous wall   of three feet. It is at the highest point. Here's  just another example of uh what that may look like   with those BMS that uh that retaining wall that  we'd be adding in. And then those uh the burn   that we have beside it. Again, we have tons and  tons of earth out there. So, trying to use it,   put it to good use. So, the main thing for the art  component here is is trying to integrate it into   the existing site and into an existing seating  node that the site probably called for anyways.   So, adding the artistic element to it felt like  a natural uh natural idea. So, this was kind of   some of the early sketches once we started getting  into the BMS trying to think about how we're going   to enhance the city node instead of just having  simple little intersection trying to make this   again more of a grand entrance into the park. You  can start to see here started playing with color.   How can we work with the existing BMS? One idea  was to have that sloped wall and try to integrate   some color elements into it to make it pop.  Here's some existing uh kind of walls that we were   looking at. I don't think it'd be exactly like  this. Obviously, we'll be having those BMS behind   it, but just some concept images to get a general  idea. So, the one of the ideas is using clay bars   that will be in inset into the retaining wall  there and the seating element and be able to use   various different colors. These would be solid uh  solid bars. Um we've seen that they hold up pretty   well over time. We have a number of different sur  pieces throughout the park system and throughout   the city of Witaw properties including um I guess  the newest one would probably be at um Country   Acres Park with the the dog statues there. So uh  we feel that they're very strong in that they'll   hold up over time especially if they're solid and  not hollow or just little tiles and things like   this. So imagine these would be substantial bars.  Again here's an example. Again, they they'll have   clay glazing on them, so they'll provide a tactile  feature to folks. So, they aren't just pretty,   but they'll also be kind of fun to to touch and  and actually be integrated with um users. So,   here's again, we're at 30%. So, but some general  ideas here wondering if we can start to uh engrave   or start to put in uh different names of features  or different birds or different plants that we can   find throughout. So, that is one opportunity  that we are looking at and considering. We   haven't nailed down exact colors or things along  those lines. Uh but this is the general idea. It   wouldn't be that rough there. We're not imagining  originally we were looking at a different product   to use to try to integrate into the into the  retaining wall, but I think it'd be more like   those images we showed earlier with the uh  the concrete and inset into the concrete. Um   so um with the adopted uh 2026 2035 CIP includes  $50,000 uh in general obligation bonds for design   for funding for design manufacturing of the public  art. So that has already been initiated uh when we   came earlier. So this is for the approval of the  uh art concept. So we're not asking to initiate   any funding u with this item. I will note that the  $50,000 includes the design. The time for the for   the art studio includes installation, fabrication,  and delivery of the of the project. And again,   I will note that there are four different  seating elements. So, uh it will get spread   across multiple different areas and not just in  one single um seating area. And it's recommended   that city council approve the design as presented.  And I'm happy to stand for any questions.   Thank you staff for that presentation. Can you go  back to slide 108? I actually really appreciate   uh the usage of our natural features and then  incorporation into seating areas. So initially   um I think it was uh presented as a seating area  u but it's actually four different benches if um   I saw the um design accurately. My challenge to  uh the designer would be instead of multicolors,   this is America's 250th anniversary. And one of  the things that um one of our groups uh through   Visit Witchah have been discussing is how can we  um honor the 250th anniversary since our Witchita   flag colors are red, white, and blue and the  American flag are red, white, and blue. Um I would   challenge and ask if my council members would  be in a uh in favor of seeing that consistent   coloring for this specific area. um so that we can  have something that uh we can say does honor this   250th anniversary. Council member Johnson. Thanks,  Mayor. Uh I am more in favor of the originally   proposed project and whatever the artist may do.  I think that if we are looking for uh USA 250,   that should be something that we put out specific  RFPs for. And I think that the artist or team   um who worked on this was pretty much again at  30% looking at something that's more natural in   nature. So again, I think if we want to do USA  250 that council should come out with their own   RFP and talk about what they're looking uh  to do and where. Can I ask staff, have the   colors been chosen yet? Uh no. No colors have not  been chosen yet. So again, I have a proposal. Um,   I would like to see those three colors since  colors have not been chosen for this uh piece.   The piece itself can still have its unique design  elements, but I would encourage having red, white,   and blue as the color scheme for that area.  Just to add, I I don't think that. So, just   my two cents. I don't think it should permanently  be red, white, and blue. I think the artist should   do what they intended to do initially. Vice Mayor  Johnston. I'll agree with Councilman Johnson on   this one. I think it's a it's a nature area.  I think there are places for red, white, and   blue. Um I just don't think this is it. So I think  the prairie land in that and I I think that then   more the natural earth tones and terracotta and  baked earth fit better there. So that's just my   two cents. Council member Tuttle being redundant  again. I'm sorry, but I agree with my colleagues.   We hire artists for a reason. we go through an RFP  selection process and and I think that um you know   instructing the artist may change the whole look.  It may change the whole feel. I do also agree that   it's a great idea that perhaps we do something  special for 250 but um not this. And you know 5   years from now people won't even know this was for  250 if we make it red, white, and blue. I think   it's aesthetically pleasing and fits in with the  nature theme. So, um I'm going to go with please   um follow the artist's instincts because I  trust them. Again, can I ask the question,   have the colors been selected? No, the colors  have not been selected. Can we go back to maybe   the design of the four corners right there? Is  that the best? Yeah, either either one of those.   Can we go uh There we go. So, right now colors not  been se selected and there's no purpose yet on the   coloring. Uh the only thing that has been selected  according to the artist is the material and I have   not asked for material to be different. However, I  would say that there are variations of red, white   and blue that are earthcoled that could be um  incorporated. I believe that one of the uh slides   actually has a form of red and a form of blue.  My I guess my challenge is um we're not changing   the design. It's just asking for coloring. Um  so, okay. Uh Council Member Balor. Thank you,   Mayor. I would like to follow the instinct as  well as um the artist whatever they have intended.   We're at 30% um design, which I know there's a  lot more factors that have not been decided yet,   but I like the colorful um inviting opportunity  that they're going with so far. Council member   Hohheisle. Thank you, Mayor. Um when would this  project be complete? If we pass this today,   when would what we're looking at right now be  installed? retracting a issue put the project   out for bid um later I guess within a few months  here. So they'd be mobilized and started. So I   imagine we probably see this completed probably  by the end of the year. End of the year. So not   even in time for the 250th anniversary. Yeah. I I  imagine the art will be one of the last pieces to   go in. Uh just knowing that they probably want to  try to protect the art as much as possible. So I   imagine it'll probably be towards the end of this  year. Okay. I appreciate that. Thanks. Council   member Johnson. Thanks, Mayor. Um, unrelated to  this project, but related to the conversation,   I would um encourage my colleagues to consider  again if we want to do something for 250,   coming up with something unique that we can point  to. We can point to the reason that the keeper   is where it is and and why that is. You could  potentially talk about as a council one space   in every district that there's a 250 project. You  can allocate some dollars to it. You can encourage   artists to submit their best red, white, and  blue themed thing. Talk about some of the great   people from Witchah who've made an impact in  this community and the country. But I I would   say this project really again supporting what the  artist was going to do with it and encouraging my   colleagues to come up with their own thoughts on  how to make a 250 idea and I think that would be   appreciated more by the community as well. Council  member Glascott. Thank you. I support the artist   direction. Um I am interested in the 250 projects.  I think that's great. And so I mean it seems like   there might be appetite from the council if we  could come back our staff could present something   uh regarding um funds we currently have or funds  that we could allocate towards uh projects to   inspire patriotism over the next year. I'm fully  on board that. A follow-up question to that before   Council Member Hoheisle. Uh, can we ask Jana how  much in public art is going to be spent in 2026? There is approximately 1.8 million that was  allocated within the CIP for public art. What will   actually be spent during that calendar year? I  couldn't say. So, back to if we choose something,   something else has to forgo. That's how choices  are made. Um, and I feel like we have forgotten   that there's no new pocket of dollars. There's  just certain pockets of dollars and they have   already been allocated 1.8 million. Um, I'm  trying to be very responsible with taxpayer   dollars because I've been uh hearing from this  community the dissatisfaction regarding the public   art that was chosen at the water treatment plant  that is still not the city of Witchah's. And so   in situations like that we have lost p public  trust and the word public art then becomes a   target and I appreciate public art but I believe  that it has its place here it's a right place it   will be utilized by many of people water treatment  plant not so much um so my criticism then becomes   if we are going to talk about design and how to  also incorporate American 250. Nothing has been   allocated because there are no dollars for such  project unless we take away from one department   and put it into public art. And I feel like that's  what the community doesn't want us to do. Um so   my question to Janet then is where are we going  to find these dollars for a America 250 project?   Um, I I don't think in my position I could  say where those dollars would come from. I   oversee the 2% for our program. So, I couldn't  say. So, maybe this is a city manager uh ask   um I asked that we um have a workshop as soon as  possible regarding public art and this 2% for art.   Um, again, I was not on the council when there  was a public art piece selected for the water   treatment plant that is not uh currently  under the possession of the city of Witchah,   but we do have a public art piece there. And I  want to make sure that people understand what   this percent for art program is and how dollars  are uh allocated and then how this bench gets to   um shape some of that design because that is  part of our uh opportunity as council members uh   in helping shape uh this type of public art. Just  like I would not have voted for a public art piece   um at the water treatment plant, I certainly right  now have the right to ask about what can be done   about the design that can also honor America's  250. Council member Hohheisle. Thank you, Mayor.   Um I have had this conversation here recently with  our director of parks. uh visit Witchah does have   a committee and we have um several staff members I  believe part of that committee as well looking at   uh the 250th anniversary also when I was in NLC  here a couple of months ago they had a workshop   on that as well so I'd be more than happy to  have a open discussion and seeing how we can   bring together various parts of our city to help  celebrate coming up um I do think partnering with   um outside organizations as well to help do  a lot of the leg work his uh wise as well. So   that is definitely a discussion that um I would  be interested in continuing. Thank you. Council   member Hohheisel. I actually serve on that  committee uh which is why I have brought this   up because there are no specific dollars. Every  idea if we want to execute on an idea requires   money funding and if there's no funding it we  have to take it from some other department.   And so as of right now, there are no dollars  for anything special regarding America's 250,   which is why I wanted to be responsible and  see if there was anything within this year's   public art that could also honor America's  250. That is the simple ask. Uh Jana and I   actually serve on that committee and we are on  the CIP uh subcommittee, which is the capital   improvement program subcommittee, and how we  could use public art also during the 250th   Council member Tuttle. Thank you. Um and thank you  Jana for all you do. I really appreciate it. I've   learned so much from you when we were doing the  Red Bud Trail pedestrian bridge project. I just   I really soaked in all that you were saying and  I've learned so much. And one of the things that   we've talked about and I talk about consistently  from the benches I not I prefer not to say public   art. I prefer to say public design because if you  look at East Kellogg, especially around Greenwich,   Green Witch, however you say it, it's not  statues, it's not sculptures, it's not painting,   it's design work that has been done. And I and  I see the same with this that and I want to be   very careful because there are people who do not  prefer the art at the water treatment plant, but   I hear people saying they love the cloud benches  and they love other things. Art is in the eye of   the beholder. And so I'm always very careful to  call it public design. So thank you for educating   me. Thank you for helping me to do to do and  talk about this work better. I really appreciate   it. You council member Johnson. Thanks Mayor. Um  just some clarifications. There were three pieces   at the water treatment plant. I know that the f  the community on social media may focus on one,   but there were three pieces for 1.25 million.  Um, if this council is looking at again USA 250,   just some thoughts. What we did with the Brewer  Center is we knew that Mayor Brewer had some   Ganaan roots and so as RFPs were drafted with  staff, it was like, hey, how can we make this   really truly embody Mayor Brewer? Maybe there's a  connection with the Ganaan artist that ended up in   the RFP. People applied. You saw Ganaan artist.  Those of you who who have been there see the   the work that has been done. So council can craft  what that would look like. I would also say that   um again as a supporter of the 2% for the arts, I  think we really should leave that as is and allow   arts council to work through that. If we are  seeking leadership on USA 250, this body can   work with the private sector to raise the funds  to fund something. I think that should happen.   America's a country. This is a city and a state.  There are businesses here. we can talk with them   about sponsoring some piece of that, raising  those types of funds and doing something. Again,   I think that's a whole community conversation  that should happen with the committee that uh   we've talked about and council member Glascock had  talked about. So, I think that is a way to go. So,   you don't have to always look at the city  budget for that. It's a community effort. The   community can take part and say that they gave  to it, whether that's individually, business,   uh nonprofit, whatever. And again, that's working  with the council again on a way to build trust,   build relationship, and move forward with an  idea. Just my thought. Thank you, Council Member   Johnson. And I don't see Mark here, but just  for the record, I do believe that the 2% for   art will be reduced to 1% um according to what was  passed last year. Can we get that uh confirmation? Council member Johnson, that was proposed  but not voted on by the council. Council   approved the 26 and this year council  will either approve reducing that to 1%   or leaving it at 2%. Thank you. So, this  council will get to dis uh city manager.   My understanding is that council did have a  conversation, but no action was taken. So,   we still remained at the 2% level and it  will come back to us during the budget   process whether to remain at 2% or reduce it  to 1%. Is that accurate? It always can come   back for conversation and we'll we'll add that  to the list. Thank you. Um I am interested in   uh that conversation of reducing uh that from the  2% to 1% but also having a conversation regarding   uh something specific to America's 250. And  since this council seems to be very in favor   of doing something uh for America's 250 where  those dollars would come from would likely have   to come from another department or another  project. So um we would like to see options. Thank you Jana. Thank you. I see no further  questions from this body. We will open it   up for public comment. I see none. I'll bring it  back to the bench. This resides in Council Member   Maggie Ballard's district. Council member Glass. I  just have a few comments because I'm going to nerd   out for a second. I've been reading a couple uh  history books about Witchah over the holiday break   and there are some quotes from a book by J.R. Me  um about Witchita and so I wanted to read a couple   of them that I think fits really well into this  art project. I think part of our conversation got   sidetracked from what this was and I think this is  a great art project for our city. Uh the buffalo   came in vast unbroken columns countless beyond  reckoning covering the plains as far as the eye   could see masters of the country long before  fences, towns or roads. He goes on to say the   buffalo wallows dotted the country everywhere  often holding water long after rains and were   sometimes the only relief for men or animals  crossing the prairie. And I think this plays   into that art piece really well. There was also  a quote from the shout in a piece by uh Jesse Day   that I read earlier this week and it quotes Bob  Mayor Knight in 1995 and I think it's applicable   for our conversation. I think in many ways our  city's a drift. I think its spirit is flat and   defensive and I think we need things that lift  our spirit and enobble us and give us confidence   that with our human resources with our financial  resources that we pull together and we're balanced   in our approach we can tr truly do great things as  a city. I think it comes down with art. I think it   comes down to public votes uh that we've asked  people to engage in that we can do big things   when we have a balanced approach. I think this is  a fantastic piece of art. I look forward to other   conversations and hopefully private capital  that can raise funds for America's 250. But   I just wanted to nerd out for a second and talk  about some of the books I read over the break. Council member Ballard. Thank you, Mayor uh  Jana and Design Council. Great work on this.   I'm very excited. a fan of Buffalo. So, I  think this is super cool. Um, with that,   I'd like to take the recommended action and  approve the design as presented. Second.   Motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,  please open. Please call the next item.   Amendments to title 15, adoption  of 2024 international fire code. Good afternoon, Mayor Woo, city council, city  manager, city staff. Jose Ocadis, acting fire   marshal with your Witchaw Fire Department here  to present the 2024 International Fire Code.   The International Fire Code establishes minimum  regulations for fire prevention, life safety, and   property protection in new and existing buildings,  facilities, and premises. It safeguards public   health by controlling hazards from fire explosions  and dangerous conditions, ensuring adequate   firefighting, water supply, access for emergency  responders, and proper maintenance of safety   systems. As you can see here, the history of the  city of Witchah adopting the 20 or adopting the   international fire code started in 2006 edition  along with the proposed 2024. The international   fire code publishes a new code book every three  years. Um we as a custom in line with MABCD along   with most of the state of Kansas adopts every  other cycle of the international fire code. The review and development process of the 2024  International Fire Code started in November of   2023. As you can see, throughout this whole  process, we consulted with numerous internal   and external stakeholders from MABC, WAB,  architects, contractor, design professionals,   and the state fire marshall's office. Not  included in this list is also a collaboration   with surrounding fire departments Andover, Derby,  Newton, and Cedric County Fire Department. Sharing   of our amendments to better serve our communities,  but also work with consistency consistently with   our external stakeholders. Significant amendments  to the 2024 code added language or we added some   type of language to definitions of alleys. We have  dimensions that are associated with multifamily   dwellings of um expanding the width of streets  environment to be able to control the riser room   temperatures. Added um alarm activations for an  assemblies and also alarm and alarm activation   and nunciation in parts of all buildings that are  being occupied. Dead ends um those are basically   for um turnarounds for our fire trucks. We  increase the culde-sacs from the current   amendment of 72 to 80 foot diameters. And then  also increasing the one and two family residential   developments of 30 dwellings to 60 dwellings  that would require a main one access inside of   that subdivision. And then the remoteness of  reducing the distance requirements of a half   distance to onethird of the distance of that lot.  Significant enhancements that we did think uh for   safety of the citizens utilizing these buildings  and uh assemblies um detection and controlling   temperature in a riser room. uh there is a  requirement for a riser room that is associated   with the sprinkler system that that room needs  to be uh at a temperature no less than no yeah   no less than 40 degrees. So, um, being able to  have that detection and importance of the riser   not being, uh, getting to a freezing stage is  very critical. And then also alarm activation and   initiation. Um, initiate occupant notifications in  all, uh, parts of a building that are constantly   attended by citizens new to the international  fire code. um energy systems and devices that   are consistent of energy storage systems, lithium  ion batteries, powered micromobility, mobility   devices, occupancy and life safety, carbon  monoxide detections are now required in all types   of occupancies. Hazard materials and operations,  A2L refrigerants, there are a new class of cooling   agents. Um they're designed to be environmentally  friendly and they replace the older type of   refrigerants associated with uh refrigerators.  Distilled spirits and wine storage along with   appendix O um which is new for valet trash and  recycling collections mostly for um different   types of residential occupancies from apartments  and congregate type of living facilities. The recommendation is that we uh Witchaw Fire  recommends that the city council approve the 2024   international fire code amendments and authorize  the necessary signatures. We'd like to thank the   uh MABCD and also city legal Miss Dick and her  staff for assisting the fire department on getting   to this stage for the international fire code. I  thank you for your time and I stand for questions.   Thank you, Battalion Chief Okades. Council  member Hohheisel. Thank you, Mayor. Um,   are there any suggestion or was there anything  in the code that we are not adapting or are we   adapting the entire code? Um, we are adapting  the entire code. These are just the specific   amendments that uh we created um 72 amendments  uh part of the code of the 2024 edition.   We did redact um the our food truck or  mobile prevention or mobile food vehicle   um or a section of the fire code because we  already have a city ordinance that we have a   collaboration with the South Central  fire departments that have our own   um code requirements for those inspections.  Okay. So, when we're looking through um our   packet here and it has the ones where it has less  those are special amendments that we are passing   that are unique to Witchah. Yes. So amendments are  specifically associated with what um is beneficial   for the city of Witchah and our capabilities um  from our fire department response mode. Okay. And   the fire department's comfortable with all the  all the changes in here? Yes. Okay. Thank you. I see no further questions for staff. Thank you.  Um, I did reach out to uh stakeholders and none   had major issues regarding the changes. Thank  you. We will open it up for public comment. I   see none. I'll bring it back to the bench. With  that, since this resides in all of our districts,   um, I will go ahead and move that the city  council place the ordinance on first reading,   authorize the necessary signatures, and approve  publication by summary notification. 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. Fire apparatus and fire equipment. Good afternoon, Mayor Woo, city council, city  manager, city staff. Tammy Snow, fire chief.   Today I'm here to um ask for approval to release  the funding for fire apparatus and fire equipment with the construction or the upcoming construction  of two new fire stations coupled with um primarily   driven by the 45month delivery time from the time  that we actually purchase an apparatus to the   time it's delivered within the city of Witchah.  Um we're asking for some additional equipment   um additional apparatus and then the  respective equipment. In addition to that,   we're also asking to replace some of our  older equipment that's at the end of its   life cycle and then the respective  equipment that would outfit it. So in the 2026 CIP, we have funding uh allotted   for three engines and one rescue  at a projected cost of 5,577,841 financed through general obligations. Um this is just a picture that depicts  um an engine and the rescue. This is   what we're asking for. Um, as far  as equipment, um, firefighters have,   um, some specialized equipment that we  need to, um, perform our duties. Um,   some of some of those listed would be  like for forcible entry tools, ladders,   thermal imaging cameras, saws are just a few  of the examples. Uh, the equipment cost is   projected to be $688,51 financed through general  obligations. So, a total project is $6,266,342 financed as I've said previously through general  obligation bonds. The law departments approved   the bonding resolution to form. So, the  recommendation is to approve the project,   adopt the bonding issue, and authorize the  necessary signatures. Um, just to give you a   little bit of history, just so that you're staying  well informed, um, new station 23, the one that's   to be located at Pontane Maze Road, uh, we should  begin turning dirt on it in February sometime. Um,   and then they're projecting 52 weeks till the day  that it opens contingent to on the weather. So,   we're looking for an apparatus um, to be  placed in that station um, in early 2027.   Um, I also will be back here in a few weeks asking  for the release of money, uh, funding, CIP money   to do land purchase for the new Northwest station.  Um, currently the Waw Fire Department, since we've   been very proactive and we've realized that we do  have between 45 and 48 months of delivery time,   um, it's used to be 48, within the last six  months, they've reduced it to 45 months. Um,   we do have 10 engines on order and three aerials  that are projected to arrive in the city of   Witchaw late 2026 through 2028 and before the end  of this quarter we will have a new truck delivered   to us. Um, and it takes us then originally  they told us December, they pushed it back to   January and then it will take us approximately  60 to 90 days to get all the bracketing put in   it and put it out on the street. So that's just  an update of what we currently have. Thank you,   Chief. And I'll stand for questions. Questions  for staff? Council member Ballard. Thank you, uh,   Mayor. Chief, question. Are these additional  trucks or replacements? Um, the the engines,   the 10 engines that are coming in, those are um  all replacements. Um, if I can give you kind of   a a count of what we currently have. So, right  now we have 22 um fire trucks. One of those,   we have 21 stations that have actual frontline  fire trucks. One of those engines that we   currently have is what we refer to our best  um reserved. So, it's the first one that goes   into uh reserve status when like we're doing uh  preventative maintenance or it goes down for some   reason. But currently, we have two 2005 engines.  We have three 2006 engines. We have one 2007   engine. We have eight 2013 engines. We have three  2018 engines. We have four 2021 engines. And we   have one 2023 engine. So what we do when we go to  replace those, Council Member Ballard, is we work   with maintenance because just because an engine  may be a a 2007, it may be performing really   well and it may not have much downtime versus an  engine that's a 2013. So, we coordinate, you know,   there's a lot of factors that go into it, but we  use we weigh heavily on what maintenance is in   regards to its mechanical reliability. Um, as far  as trucks, we have one 2013, we have two 2015s,   we have one 2018, we have two 2021s, and one 2023.  So, this truck that we get in um will replace uh   truck number six, which um give me just a moment  and I'll tell you the age of truck number six. So,   truck truck number six is a 2015, but it has  terrible mechanical issues. It spends more   time in the shop than it does on the streets. So,  even though it's a 2015 and we have an older one,   a 2013, that will be the one that'll be replaced  with this new truck that comes in. And then we'll   sell that one. Yeah. Yeah. Well, I'll have to get  with mechanics because we're still waiting on that   45. Uh, we've been hanging on to some of them just  so that we have a reserve status, but eventually,   yes, they'll go through paper purple wave and  be sold. That's my thought. Thank you so much.   Sure. Council member Glass, thank you. Let's I'm  going to test the knowledge if you have this off   the top of your head because you may not. Um but  in terms of how many capital project needs are   projected in the next 10 years for fire, do you  know that exact amount or an estimate? Um right   now the paper I'm looking at and it gets changed  but I got pretty close here. um 133,156,657 between fire apparatus, uh fire calm systems,  fire equipment, uh fire equipment replacement,   fire facilities, SCBA replacement, fire stations,  fire stations, art, fire training center. Um so   that's what I have right now. So over 10 years,  we're projected to spend in what we're doing today   with fire apparatus and equipment an additional  $132 million on capital needs. Yes. Okay. Thank   you. I see no further questions for staff. We  will now open it up for public comment. I see   no individual who would like to speak. We will  bring it back to the bench. Uh this is in multiple   districts. So I will um motion for this. I again  am very appreciative that our fire stations,   22 of them have engines and I understand  that they have a life expectancy. Um,   and you're trying your best because of a really  great mechanics team that make sure that uh these   apparatuses are available in our community. Um,  but it does concern me that it takes 45 months   before uh an engine comes and that is not uh  at the fault of anyone here. Um, and so, um,   I'm appreciative that you're having the foresight  to start replacing some of these, um, important   equipment pieces for the fire department. With  that, I move that the city council approve the   projects, adopt the bonding resolutions, and  authorize the necessary signatures. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role.   Motion passes 70. Madame clerk, please call the  next item. Acceptance of quick trip donation. Good afternoon, council, new city manager.  Welcome. Um I'm here to present um an opportunity   to accept a donation from Quickrip to help  initiate and build our street outreach work in the   community. And a little bit of background at the  city council workshop on Sepony September 23rd,   a lack of community street outreach workers that  are not homeless outreach team or WPD officers was   identified as a systemic gap in our homelessness  response network. That next week, the city   manager's office hosted a corporate leadership  team from QuickTrip and they expressed an interest   in funding system gaps in response to homelessness  in Witchah. Housing staff prepared a donation   request to fund a street outreach team after we  met with them approximately a month later. To   build this street outreach team, Quicktrip has  committed to donating the funds to the Witchah   Department of Housing and Community Services to  add two professional housing specialists and two   peer support specialists to function to provide  housing resources to our unsheltered population.   These are new positions. In addition to the  Witchita unhoused resource coordination team,   direct to housing, these additional positions will  allow the department to engage with individuals   experiencing homelessness to connect them  to housing resources. These teams will now   comp be comprised of four housing specialists,  three social work interns, and two peer recovery   specialists who will work collaboratively with  W collaboratively with WPD's homeless outreach   team and navigate unhoused individuals into home  tenant based rental assistance rapid rehousing   or other system vouchers. The street outreach  project shall be named I came up with an acronym,   but this is obviously something that we can move  away from. The department recognizes that the   size of this project does not wholly fill the  need. The department is working with the COC to   apply for street outreach, housing navigation,  and employment case managers to better serve   the entire community. As you know, the uh the  COC NOFO is currently in injunction in at the   federal level, but we have written the proposal  to align with uh Mandy Chapman Simple's work in   the unsheltered work that she did in Houston, part  of our housing um conference that we did last year   to build a process by which we're doing street  outreach, then housing navigation, then supportive   case management at the back end, ultimately  towards self-sufficiency, self-sufficiency   through employment, and other sort of processes  like that. So, this is just sort of to initiate   that process. We've got that in Q and as soon as  we get confirmation, which actually might even   be in the next couple of days, we'll be preparing  those agenda items for that COC application. The   Department of Housing and Community Services  will work with WPD to align those resources.   We met on one two and we'll develop a co-response  model through standard operating procedures while   the staff are being hired for the project. The  funding must be spent by 123126. There is no   impact to the general fund. Law has approved the  acceptance of the award document as to form and   it is recommended that the city council approve  the acceptance of the donation from Quicktrip   Corporation in the amount of $280,000 to fund the  street outreach program. Authorize the addition   of the two homeless housing specialists and two  department intern positions and authorize the   necessary signatures. and I stand for questions.  Thank you, Steve. Questions for staff beginning   with Council Member Hoheisle. Thank you, Mayor.  So, if this is a kind of a one-year trial project   with the donation, um do we have any matric  matrixes that we're looking at or any goals of   achievement to where we might look at continuing  this model or adapting this model in the future?   We can look at this as a pilot project, but  because the administration's goals towards funding   the homelessness work in our country is changing  and that there is a new effort in reducing   unsheltered homelessness, street homelessness, and  a new view on what it takes to get people through   that continuum. we're probably piloting towards  a COC funded project and that this is a little   bit of a kickoff, an initiation gives us the  opportunity to to set ourselves in motion so that   when that COC funds comes, we hope it does that  we'll just be in a matter of scaling it. Okay. So,   yeah, the uncertainty as far as funding in the  future, correct, doesn't really allow us to make   solid plans at this time. Correct. So, this is  more of a um just a kind of a trial and maybe   a warm handoff at the end of this. Correct. Okay.  Thank you, Council Member Tuttle. Thank you. Thank   you, Steve, for the presentation. And Council  Member Hull has took my notes. I'm always worried   if there's grant funding for staff, how we are  going to sustain that afterwards, right? I always   ask that question from my past work in grants. Um  then I just have a comment. Um this is the second   time we've received a donation from QuickTrip  recently. I see Captain Moses with us. Thank you   for joining us from Witchaw Police Department  regarding the drones project and then this and   this is just a suggestion from my colleagues. We  can do whatever but I think Quick Trip should be   recognized for their partnership with the city.  Um I don't know if we have them come and we give   them a special proclamation or a special award  or something. But um and then definitely if we   can plan on at the end of this funding cycle maybe  this time next year you come back and present and   just give us an update and what the successes  were. But I'd really like us to think about   what we can do to publicly thank QuickTrip for now  their second partnership of financial support. Um,   you know, they they partner with us in lots of  different ways, but these are two checks that   they're actually writing and I definitely want to  thank Quick Trip. So, thank you for all your work,   Steve. You do a great job. Thank you. I appreciate  that. Vice Mayor Johnston. Thank you, Mayor.   Thank you, Steve, for doing this. Uh, I know you  believe, Sally believes, Matt Low believes that,   uh, this model needs to be greatly enhanced. Um,  so no sales pitch, but the 1% sales tax could do   that uh could enhance that for the funding for the  uh for the uh for the shelter. So, thank you for   the great work and this is a great kind of pilot  program. if that tax happens to pass, we'd be   ready to go and know what we're doing before we  get do we do it. So, thank you. You're welcome.   Thank you, Council Member Johnson. Thanks, Mayor.  I appreciate the presentation. I support this.   Just to add on to what council member Tuttle  said, I think a great way to um thank Quick   Trip would be after this program is so successful  and next year and even the drone program with WPD,   maybe some form of picture like we did in DC of  success and then maybe a presentation to them to   say this is what we did with the dollars that  you gave us, the lives that were changed and   that might be something that you could do next  year with chocolate with Chocolate donuts. Yes.   Thank you. I have uh some technical questions  to ask. Can you go back to slide number 135? Um I am very appreciative to see that um housing  and Witchaw police u met together on January 2nd   uh immediately. Um, so I want to make sure that  there is a coordinated effort because the Witchaw   Police Department has had a homeless outreach  team and continues to do great work and this   is a new outreach team uh through housing and I  want to make sure that you guys are collaborating   a lot more. Um so my ask is to continue these  meetings so that there is a process as I would   like to see what that looks like to explain to  community when they see an individual facing   homelessness whom should they be reaching out to  and as of right now because this um outreach team   has not yet kicked off um I've been told that I  should be calling 911 and so I want to make sure   that we have a process that the community um  understands so that we are not clogging up 911   uh or if it is 911 so we have correct data uh what  the process then looks like after a 911 call is   made. So again I would like to see a flowchart of  how this works and how this works collaboratively   with Witchaw Police Department's homeless homeless  outreach team as well as the uh coalition to end   homelessness. Uh we had one individual here  this morning uh who was facing homelessness   and uh Steve you actually uh had an update you  did uh housing did connect with the individual   uh to provide him some resources. Can you give me  an update on that? Sure. Um he is currently living   in a motel and he certainly qualifies for a home  uh tenant based rental assistance voucher program.   We have a meeting scheduled with him tomorrow  to gather those documents, get them signed up   and get them into a home. Thank you for quickly  working uh to help an individual uh here in our   community. And again, thank you for the good work  uh housing department does. And also, thank you to   the Witchaw Police Department's homeless outreach  team and its officers in trying to coordinate um   all of this. And I echo the same sentiments from  my council members uh that we're very appreciative   of QuickTrip uh for providing nearly a million  dollars in grant funding to not just provide   uh this pilot program uh for outreach uh regarding  our homeless uh population, but also um the second   hive for drone uh safety in the downtown core.  So, I'm very appreciative of QuickTrip and I   would agree with the council members on a special  recognition uh to the corporation for providing   those grant dollars. Thank you, Steve. I see no  further questions from this bench. We will now   open it up for public comment. I see none. I'll  bring it back to the bench. And with that, um,   I move that the city council approve the  acceptance of the donation from QuickRip   Corporation in the amount of $280,000 to fund  the street outreach team program. Authorize the   addition of the two homeless housing specialists  and two department intern positions 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. DEER   2023-17 amendment to the July 9th, 2009 edition  of the Witchah Sedick County Unified Zoning Code   adopted by the city of Witchah. Ordinance number  48-431 and Seduk County resolution number 13709   as amended dealing with article three renewable  energy systems. Good afternoon. Scott Wadel from   the planning department. So for this item, it's a  little bit unique. Uh you have two recommendations   that are coming to you today. One is from the  planning commission and the other is a staff   recommendation. And the staff recommendation is  that you would adopt the amendments that were   previously adopted by Cedric County and that way  to unify the zoning code. So those are the two   uh recommendations before you. A number of  disclaimers before we start on this. Uh the   first one is that at this time which does not  considering any specific solar applications. So   we have we have received an application for a  solar energy conversion system. Uh but that is   in the unincorporated county. We have not received  one for within the city of Witchaw. Second of all,   uh again, this would align if if adopted, this  would align the unified zoning code between both   the city and the county. And also third, that  this topic does not include accessory uses. So,   we're not talking about solar panels that would go  on top of someone's house um or would be built as   part of adjacent or part of a business. In terms  of background, uh the city and the county both   share the comprehensive plan, the unified zoning  code. The comprehensive plan provides guidance.   The unified zoning code identifies regulations  and requirements. Both documents were updated   in 2019 to address renewable energy systems and  more recently the county adopted amendments to the   comprehensive plan. We'll talk about that in just  a moment. The 2019 updates uh which are currently   in place for the city uh made solar energy  conversion systems a conditional use required   approximately 20 supplemental information items  that needed to be submitted with an application   and also added the ability to add conditions  as needed as part of the conditional use.   There were changes that were done to the  comprehensive plan and that just provided guidance   uh in terms of locations and where where  and how the solar systems are appropriate.   So, uh, this most recent initiative, uh,  kicked off a while ago and as part of that, uh,   the planning department staff did some research  into what's going on in other communities and what   best practices are across the country and those  are included in a white paper that's available   online and included as part of your packet. In  addition, as part of the other communities that   we contacted, uh, we reached out to a number  of counties. Six of them were in Kansas,   10 of them were outside of Kansas. And we  identified a number of different themes that   emerged from uh if and how they regulate uh solar  energy conversion systems. In terms of the process   which started in 2021, here's just an overview of  the number of meetings. I'll explain a little bit   more in detail in the next few slides, but I just  want to give you a sense of the number of meetings   uh and review opportunities for this. In terms  of public input, there were a number of different   opportunities for public input. Again, I've  got more details in the following slides. So,   there was a town hall event. Uh, this was held at  the Cedric County Extension Center. Uh, there were   over a hundred people who attended. We had various  boards and stations with opportunities for people   to provide comments. We had staff presentation  and a number of comment cards that folks could   fill out and submit. We've also been accepting  emails and letters on this. We received over 200   and that was included as part of your packet. I  think that's probably the the biggest section of   the attachments included with this staff report.  Those were also available online too. Uh there was   a survey that was done. It was an online survey  and it reflected the same questions or very very   similar questions to what was uh asked at the open  house. There were 163 people who participated in   those. So here's a listing of the meetings. Uh I  believe most of these meetings took place in 2024.   So you can see that the dabs were also  consulted as part of this process. After going through and collecting all the  public input, uh we started to look at what   themes started to emerge. Uh we found that uh four  of them really emerged or three of them that are   highlighted here. They are urban development  and growth, decommissioning, groundwater   contamination, water quality and then the fourth  one was size and configuration and that really   emerged as part of the deliberation process.  In terms of the process overall, we looked   at the themes, we looked at the input u and best  practices from other communities and that started   to kind of shape the potential options. And so  moving on to analysis, we'll talk about those   options. So the MAPC recommendations, uh their  recommendations really centered on four things.   It was decommissioning. So adding uh conditions  requirements for decommissioning, adding things   requiring uh groundwater contamination testing and  then also height limits and modifying those and   then adding in requirements for consultation  and compliance with fire regulations. Following that recommendation, the MAPC  recommendation being presented to the board   of county commissioners, uh the board of county  commissioners requested some additional review. uh   they hired the Berkeley group uh to look into some  uh concerns or items that the county commission   wanted to see explicitly addressed. They provided  a number of recommendations including touching on   all the items that you can see here and the report  is included as part of the attachments. So that's   where the two different versions of the amendments  uh came up. One is the MAPC recommended and then   the other is the alternative amendments uh that  the Berkeley group input was incorporated into and   ultimately that was the one that the BOCC adopted.  Those alternative amendments included a number of   definition modifications and updates. It's uh  including definitions for the size based on   the size of the solar facility small, medium and  large. And you can see that large is 50 acres or   more. It also included limitations um one of which  could not be waved and that or actually a couple   of them that could not be waved and that was uh  a prohibition on large-scale solar projects in   the urban growth areas for the city of Witchaw. Um  the just for your knowledge the urban growth areas   are in the unincorporated county but the city  of Witchaw does have an urban growth area that   extends beyond the city of Witchaw city limits  but again that land is still in the unincorporated   county. So, a case that is in one of those  areas would come to the county commission,   not to you. Hope does that hopefully that  makes sense. Okay. Um, and then solar projects,   they set a cap on how large they could be. The  maximum is 1500 acres and uh they could not be   located more than six contiguous sections of  land. There are a number of limitations also.   They couldn't be more than two miles in terms of  proximity to each other if there are multiple uh   solar facilities, couldn't exceed 65% coverage  with panels, and then that they must notify   any cities within two miles. Uh applications,  there's also a number of items that would be   required as part of the application. You can see  them listed here. Um there was uh concerns about   uh liability. So that is included. Also some  slopes information and then plans collection,   storage and removal. Removal of the panels was  a big concern for folks in the county and so   uh that has been included. In terms of design  requirements, there are a number of things   uh included in modifications and  adjustments. You can see them here. And then financial asurances was  something that was delved into   quite a bit and explicitly kind of laid out  in the requirements that the county adopted. So again, um there are two recommendations coming  to you, but the staff recommendation is that you   would adopt the amendments that have been adopted  by the county. And with that, I will stand for   any questions. Thank you, Scott. Questions for  staff? I see none. We will open it up for public   comment. I see none. We'll bring it back to the  bench. Council member Glass. Thank you, Mayor. I   think this is a responsible policy presented  by um the planning department. I agree with   the commissioners that we should move forward on  this. Kansas is one of the sunniest states in the   nation and we get more than 200 days of sunshine.  I wish it was maybe 250, but more than 200 days   of sunshine, but we're 41st in the nation when it  comes to capacity right now in solar production.   I just looked at the Southwest Power Pool and  right now Kansas at this exact same moment is only   getting about 2.3% of its energy from solar um as  it stands right now. And so I think this is a good   thing that we can encourage maybe responsible  solar development in the future. And so I would   love to make the motion if appropriate. Um, I  would move that the city council override the   planning commission, adopt the alternate amendment  to the unified zoning code. The same as adopted   by Cedric County, place the ordinance on first  reading, authorize the necessary signatures, and   instruct the city clerk to publish the ordinance  after approval on the second reading. 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.   Market Street Studios Property Transfer. Honorable mayor, members of council, Sally  Stang with the Housing and Community Services   Department. For the record, the item I have for  you today is the transfer to approval of the   transfer of the Market Street Studios project.  This one goes back more than three decades,   so I'll try and keep it brief. In July 2023, key  management, who's the controlling interest over   the property, approached uh the housing department  about potentially donating the property to the   city. It is a 23 unit multifamily rental um  complex loaded located at 833 South Market   known as Market Street Studios. It's a former  hotel property. It was converted into housing   by the Sedick County Area Nonprofit Community  Housing Organization, Soncho. Soncho was an   attempt to have a grassroots community housing  development organization. Um it was in it   um was a recipient of city home funds not just for  this project but also operational funding to try   and get it stood up. They came to the council in  in 1994 for home funds to be able to convert this   hotel into housing. At that time those um home  funds were awarded and three nonreourse mortgages   were issued. They were issued through Sonichcho.  So the the funding the home funds was were awarded   to Sonichcho and Sonichcho then awarded them to  the project in August of 1998. Those mortgages   were for 152,000 and 100,000 and those in  according to those mortgage documents mature   upon sale. They would be mature and be payable to  Sonichcho. So, the home regulations allow a CHOTO,   a community housing development organization, to  to retain what they call program income from home   funded projects to support further projects  and operations. There is a third mortgage for   $40,000 that m is has a maturity date of August  of 2028. In addition, the project has land   um use restrictive covenants because it received  FDIC funding for this project. Those are dated in   um August of 1995. And they commit the  property to being used um as a project   leased to low-income tenants. And that at least  40% of those tenants have to have incomes at or   below 60% of area median income. Those  restrictions continue and are in place   until August of 2035. And the FDIC is monitored  by the Kansas Housing Resources Corporation. Back in uh 2024, the law department research  found that Soncho forfeited its nonprofit status   approximately 22 years ago. And at that time,  there was no assignment of the mortgage interest.   Um and so, uh we came to the council back in May  of 2024 um to to approve the law department filing   court action to have those mortgages transferred  back to the city. the city was the original issuer   of the home funds, but it also clears up title  and issues for the property. And that did occur   um in May of 2024. The court judged and decreed  to have the mortgage holders interest assigned   to the city. Um at that point, the housing  department contracted for a structural evaluation,   coordinated inspection by the MABC trades,  obtained quotes for the needed repairs,   and evaluated its financial position. We  identified $200 to $300,000 in critical needs   um including the aging catwalks and  structural settling and another 1.1   to 1.4 million needed to renovate um the units  and make site improvements. We had a problem.   um our acquisition, they were wanting to donate  it to us, was derailed simply because the property   had housing choice voucher tenants residing  at the property and HUD regulations restrict   the housing authority from administering uh  housing choice vouchers in a property in which   they have an ownership interest. They do allow  the housing authority to contract with the next   level of government to administer those vouchers  as an independent entity without HUD approval.   However, Cedric County at that time indicated  due to staffing challenges, they were unable to   fulfill that role. Um, and but they would be able  to do that for us in 2027 when Park Landing comes   on board because we will have projectbased  vouchers in that pro property at that time.   So we went back to key and let them know um we had  challenges in acquiring the property but connected   them with Menanite Housing as they are largest  um nonprofit rental housing uh developer as an   option for them to donate the property. But  unfortunately in mid November Nanite reported   they were passing on the opportunity due to the  extensive repairs needed and lack of funding.   So then on November 24th, Key sent a request to  the city to execute a satisfaction of mortgages   as they had come to terms with Passageways to  transfer the property. Passageways, if you're not   familiar, is a local nonprofit. Um their mission  is that all the military community members should   have shelter, food, hope, and a new mission.  They intend to use the property to house homeless   veterans and provide on-site case management  and wraparound services. And Passageways is   also a member of the coalition to end homelessness  makes them a decent fit for this part particular   project. Passageways has indicated they have  hired professional property management firm   and have a plan to address the critical needs of  the project through donations of funds, supplies,   and services from the community, which includes a  $300,000 commitment from Lowe's Home Improvement.   Passageways has been informed of um upcoming  home and projectbased voucher opportunities   that we expect here in 2026 and key management  has committed to a financial donation to the   project to funding their insurance for the first  year and to provide them guidance in meeting the   FDIC requirements. Key has also reported that  they've invested $6,000 to make critical repairs   to the aging catwalks to ensure safety. So the  city of Witchaw having assumed those mortgages   from Sach Sono after the court judgment is now in  a position to clear title and resolve the mortgage   obligations that have lingered due to Sonichcho's  forfeite of nonprofit status and lack of record   assignment. Executing a satisfaction of mortgage  will eliminate legal incumbences, facilitate the   property's transfer, and allow passageways to  invest in the necessary improvements. There is   no cost anticipated for filing the satisfaction  of mortgages as key has committed to paying the   filing fees and no impact to the general fund.  Our only other option with this would have been   to call the mortgages which would only put the  property in our hands which we already know we   cannot do. So this is a viable outcome for this  pro project. The funds were intended to go back   to Soncho to be reinvested in affordable housing  in u waving their maturity. In essence, we're   investing in the reinvestment in this property.  The law department has reviewed the satisfaction   of mortgages and approved it as deform. And it's  recommended that the city council approved the   transfer of ownership of the Market Street Studios  property located at 833 South Market from Sono   Market Street Studios LP to Passageways Limited.  wave the maturity on sale provision of the August   1998 notes for $252,000. Wave the August 2028  maturity on the on the $40,000 note and provide   the satisfaction of mortgage post transfer. And  I'll stand for any questions. Thank you, Sally.   Questions for staff beginning with Council Member  Johnson. Thanks, Mayor. Thank you, Sally. Just   because I saw it and you said it, are there any  home funds tied to this at all? that there all of   those mortgages are home funds. All right. Thank  you. Any further questions? I see none. Thank you,   Sally. We will now open up for public comment. And  I see none. We'll bring it back to the bench. This   is in council member Hohheisel's district, but  we have council member Johnson first. Thanks,   Mayor. With the home funding due to a personal  conflict of interest, I'll be abstaining from   this vote. Council member Oh, thank you, mayor.  Is that the last time we'll hear that or have   we got something else on here? That depends on  what comes next. All right. Thank you guys. Um,   every time I dig into anything housing, especially  in my district, I learn like 13 new things. Uh,   it is one of the most complicated things  that we deal with here on the city level. So,   I'm glad to have learned a few new things on this  one. Um, saying that, I I I do think that passage   is going to be a good partner, especially in  dealing with veteran homelessness. So, I will   move that the city council approve the transfer  of ownership of the Market Street Studios property   located at 833 South Market from Sonichcho  Market Street Studios LP to Passageways LTD. Uh,   wave the maturity on sale provision in the August  1998 notes for $252,000. Wave the August 28   maturity date on the $40,000 note and provide the  satisfaction of mortgages post transfer. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 6 with one extension. Madame clerk,  please call the next item. Public housing recovery   agreement status report. Once again, Sally  Stang with Housing and Community Services.   For the record, this is our monthly report out  on the Witchaw Housing Authority Rep uh recovery   agreement. Um that's that background. On January  7th, 2025, the Witchaw Housing Authority Board   executed a recovery agreement with the Department  of Housing and Urban Development due to the low   public housing assessment score. Most of that  was based on occupancy as we are trying to sell   all of those units. And uh you know HUD requires  this recovery agreement is required by statute   and part of that recovery agreement is providing  you a monthly update. Um the recovery agreement   included actions to improving the physical  condition of occupied units, repositioning   the remaining public housing properties and  providing an update on capital fund projects. Um,   as far as improving that physical condition,  all required maintenance plans, inspections,   and work orders, and monitoring reports have been  and continue to be submitted as required. The HUD   real estate assessment inspections were completed  in May of last year with scores of 193 out of 100   uh respectively for the two property groups. Uh  the Inspire inspections contracted with Nam and   Kay and Associates were completed on all vacant  and occupied properties in July of 2025, resulting   in no life-threatening or severe deficiencies  of occupied properties. Um repositioning public   housing. We currently have an 8.9% occupancy rate.  We actually only have one more tenant to relocate,   which is great. And she has her voucher and  is still just working up her leasing with the   voucher. Uh approval of the final disposition  application was received in June of 25. As   of December 4th, this is the December report,  198 properties had sold, 75 were pending sale,   and that closings had slowed due to delays in  receiving the declaration of trust releases   related to that government shutdown.  Um, three properties that did not sell   under listing agreements were offered to but  declined by McCertie Real Estate and Auction.   One fully renovated unit is being targeted for  affordable um home ownership opportunities and the   other two units will be bundled with the next RFP  for units with barriers for sale and a detailed   disposition report was attached to the agenda  report. Our strategies for the remaining units.   So the affordable housing fund plan was updated  in August of of 2025. um those south city units   to be sold as affordable rentals occupied. That  is the next item on the agenda um for those very   large families. And then units within the flood  plane that have environmental mitigation needs   or other market challenges will go out through  an RFP coupled with affordable housing funds.   The RFP for country acres is scheduled to open  tomorrow so long as it gets through purchasing,   which is great. We've had a a tremendous amount of  interest in that cluster. The remaining units are   sold on the open market, staggered to not flood  the market. And after the occupants relocate,   capital funds, that's specific funding from  um HUD for public housing capital needs. So,   we did receive additional funding we weren't  expecting in 25, which was great. Uh 25 roof   and government and gutter replacements.  That project is complete. The renovation   of the seven units in country acres is also  complete and an RFP for another 19 roof and   gutter replacements on flood plane units  um closed on 1212 and we're still waiting   the contract. There is no impact to the  general fund. The monthly update to the   Witchaw Housing Authority Board is required by  the recovery agreement and it is recommended that   the Witchaw Housing Authority Board receive and  file the recovery plan status update report for   December 2025. and I stand for any questions.  Thank you, Sally. 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. With that,   I will go ahead and move that the city the  Witchaw Housing Authority Board receive and   file the HUD recovery agreement status update  and public housing disposition update report.   Second. Motion. Second. Any further discussion?  I see none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call   the next item. Sale of seven occupied  Witchaw Housing Authority properties. Good afternoon, mayor and council members. My  name is Carmen Hoffine and I'm the real property   section manager for the Department of Housing and  Community Services and I'm here to present the   sale of seven occupied Witchaw Housing Authority  properties. For a little bit of background,   in 2017, the public housing authority PHA board  approved the application to housing and urban   urban development, which is known as HUD, to  reposition its entire public housing portfolio   under the rental assistance demonstration  RAD program. The RAD program allows PHAS to   convert their public housing units to a section 8  platform, enabling housing authorities to access   private or public financing sources to support  substantial rehab to the properties. The public   housing portfolio was divided into two projects,  four multif family senior units and 352 single   family homes. RAD financing for the two multif  family senior units closed on October 29th of   2021 and construction began shortly thereafter.  The Witchaw Housing Authority was unable to secure   the remaining financing needed to continue the RAD  project for the 352 scattered site single family   homes. In May of 2021, HUD convened a focus group  to assist Witchaw Housing Authority in evaluating   options for repositioning the public housing  portfolio and engaged the community's group to   provide technical assistance. After further  review, it was determined that restricted   rents allowed under the RAD program could not  support the level of debt service needed to   complete the required repairs. In addition, the  significant cost of managing and maintaining 352   scattered site single family homes made the  project financially infeasible. As a result,   the most viable option was to remove the 352  single family homes from the public housing   program and to use the proceeds to support  affordable housing through a different model.   A request for proposal RFP number 2550314, the  purchase of seven Witchaw Housing Authority   properties located in the area of East Berkeley,  Catalina, and Delmare Street, known as the South   City RFP, was published on October 10th of 2025  on the procurement portal. Property walkthroughs   were scheduled for October 21st between 9:00 a.m.  to 12:00 p.m. and October 23rd between 1:00 p.m.   and 4 p.m. Written questions were due on October  31st at 5:00 p.m. An addendum was posted the to   the procurement portal on November 7th. Proposals  were due on November 14th at 10 a.m. Presentations   were made to the Affordable Housing Review Board  on November 24th at 3 PM. The seven properties are   occupied by large families, and the South City RFP  required purchasers to maintain the properties as   affordable rental housing with existing tenants  in place under a 15-year projectbased voucher   contract. If sold to a single purchaser, the  Witchaw Housing Authority offered the option to   finance up to 60% of the purchase price through  a mortgage debt service using proceeds from   the sale of public housing assets contingent on  acceptable underwriting. The following loan terms   were included in the South City RFP. Interest rate  5% annual percentage rate. Term length 30 years.   Repayment schedule 30 annual payments. 20% down  payment match from the affordable housing fund.   The selection and recommendation of proposals was  made by the affordable housing review board. Their   decision was based on several factors including  adequacy and completeness of proposal response,   understanding of requirements, presentation,  buyer qualifications, resources, economic   impact of proposed project compatibility and  synergy with businesses and other uses in the   surrounding area and proposed compensation. A  South City RFP received one proposal that met   minimum qualifications. Hope Enterprises, Inc.  Doing business as Hope Community Development   Corporation, also known as Hope CDC, offered 1.1  million for the purchase of all seven properties.   Hope CDC requested financing of $64,200 of the  purchase price through the mortgage debt service   offered in the RFP. The proposal requested  monthly payments rather than annual payments.   The proposal declined the 20% down payment match  from the portable housing fund as the purchases   secured adequate funding and to allow affordable  housing fund funds to be used for other projects.   Following review and scoring, the affordable  housing review board voted to approve the   sale of seven occupied properties to hope CDC.  Witchaw Housing Authority will finance up to   $64,200 of the purchase price on the condition  the properties are maintained as occupied PBV   units. And now I will introduce Reverend Dr.  Kev Harding to present on the next few slides. Okay. Thank you. Uh good good afternoon. Came in  morning. Y'all enjoyed these meetings. They used   to be shorter. Uh I was a school board member,  so I'm like, Lord, pray for you all. Uh thank   you again for allowing me the opportunity to share  our proposal. Uh a thank you to the city of Waw,   uh to Sally Stang and her staff who who has been  working with us frequently. But I wanted to just   to go over um our uh our development. So our  commitment is to provide affordable housing.   And hopefully you you know that and hope afford  by housing and service to help low to moderate   income residents uh to break the cycle of poverty.  Uh and again you've heard my name Reverend Dr.   Kevin Harding and I don't need to go through all  those pieces that you see on the presentation. Um   uh we do have an in-house property manager who's  already on the job with us um working on my COO   and a facility manager and many other things. But  our team, as you can see, is standing together   who's helped us uh with our equity along with  uh the Phil family office, uh Steve Phil Meyer,   uh with the uh his his uh help along with uh Guy  Bell, my consultant, and then our construction   team. And I also want to put on here Witchah  Affordable Housing, uh because they're part of   our team. We're working together collaboratively  for this. So you can see the purchase price is 1.1   of the seven properties that were offered. Uh you  can see the the property average of 157142. And   I will say for the city's benefit, we we did our  due diligent and we did over bid. Uh but we just   wanted to show the city that we were serious about  this work. uh we could have brought this number   down uh lower, but we wanted you guys you as the  council and along with uh city of Witchah know   that we were serious about making a difference in  our community. And so you can see the the cost uh   for all seven properties. Uh if comfortable, we'll  pay over uh the appraised value due to conditions   of the property. And you can see um on each  line uh what we are breaking out that 1.1. So,   uh, the purchase price, um, averages it out to  that 157. Uh, and so this is how we break it down.   We will get a a loan from the city of Witchah, uh,  30-year loan, and we will make sure we hold that,   uh, for the definitely 15 years. Um, and so our  goal is, our goal is Hope CDC is not only are we   trying to buy properties and lease them, but we  are trying to buy properties, lease them to the   play point that we can then sell them to either  the tenant or a new person who's looking to buy.   So, we're trying to grow them out of that place of  not needing to be on section 8 anymore, but to be   able to be sustainable on themselves. So they'll  be going through a whole bunch of wraparound   services with us from financial literacy uh  education programs save match and grow where   we're actually teach them how to um open up their  savings account and save money and also help them   uh in the process that they want to be rent to  own. Then we have a a scale where we'll take their   income from rent and put aside a escrow and help  them prepare to buy the house from us. So you can   see that we're getting 604 200 from the city of  Witchaw. the WT affordable housing which is the   uh basically my bank or if you want to think  of that as the the lending form also we'll do   two 22080 and then uh our own equity hope CDC we  have we've been fundraising and going and going   and working and we actually have capital coming in  from our uh previous uh rental properties and so   uh from that we were able to we're slowly  building up our capacity to do more and   so we're we're going to uh put in 275 5,000  uh which is a total 1.1. You can see it's at   uh 55% from the city, 20 from which affordable  housing and 25% from uh Hope CDC. And you can   see the use for all of it property purchases  completely for the purchase. And then we'll be   uh they they I want to again I got to always  brag on brag on you city as well that uh the   Witchaw Housing Authorities team their their their  maintenance and facility people did a phenomenal   job. These properties are the remodel are awesome.  That's what I've been doing since 2004. So,   I went in and looked heavily at the remodel. They  did a great job. The HVACs, the roofs, the it's   they did a good job on these seven properties. So,  I want you to know uh that your staff's doing a   great great a great job in that area. So, we won't  have a lot um to maintain right away other than,   you know, changing the HVAC, you know, winter  time, summertime, and plumbing. That's usually our   main things that happen if you're in this business  is HVAC, plumbing, electric. Uh so all that looks   good right now. So I'm so grateful for that as  well. And so that's um the the outcome. This is   the projections. You can kind of see year 1, two,  three, four, and five. Uh you can see the coverage   ratio is a very good ratio one to one 1.56 and  it keeps going. Uh year four, you'll see it at   1.49 and then year five 1.47. But the projection  assumed on again projections are assumed no rent   increases. I did that to be generous but there  will be rent increases just because life. Uh but   with no rent increases we we will adjust rent  according to the HUD guidelines. So we're not   only time we do adjust the rent which we know it  will be but it's based on what HUD says we can uh   increase it and it has to also match that tenants  income. So although that zip code may say, let's   for example say it's $1,000 for the rent, once  we dig into it and find out if that tenant can't   afford the thousand, then we try to find other  ways. As we say, massage the numbers, meaning   we'll take take over the water or we do the trash  or we'll cut the grass where they can maintain. So   you got to find affordability for each person. But  this is the basis projection. Uh expenses increase   year-toear based on 5% inflation. Uh and then uh  we also are a partner with multiple contractors.   We have multiple I we have more than we have  a main general contractor but we have worked   with so many we work with crossland we're working  with HUD we work with uh and I want to brag again   on crossland they they cross particularly some of  the work they do for us has been inind work which   has really saved us as a as a nonprofit. So, I  thank God uh for cross lane construction and again   uh in-house property management. Um and then for  the community, Hope is under the contract with   the city for the 12 properties that we're just  awaiting the HUD release to close the transaction   uh with these additional seven properties. Hope  can uh ensure the neighborhood stays affordable   while also making sure properties the properties  are being upkept. Uh, and we're also working on   some more projects on that same neighborhood, the  southside. So, that's why we wanted to buy these   seven because we already are in the process  of buying 12 in that same neighborhood. So,   we have the 12 and then you add the seven,  that takes care of that whole threeb block uh   radius of that neighborhood, keeping it up and uh  presentable and uh for future future use. And so,   that's the breakdown. You can see the landscaping,  property management, uh preventive maintenance   and repairs. We all do all of that. Uh and then  additional service you can say we these are the   wraparounds I said earlier kind of got ahead of  myself but these are the wraparounds to show you   uh each of the tenants uh that we actually uh  bring in and we talk to them. We actually have a   uh meeting or a class if you want to call it a  class or introduction to who we are for them and   that we're not just landlords but we're also  there to help uh them uh uplift themselves.   And so we're going to help them with the getting  ahead class, staying ahead class, and the save,   match, and grow class, uh, which are all wrapped  around financial literacy and home ownership. Um,   when you you'll discover a lot of folks don't  realize they got to change their filters. Just   simple things like that, uh, with their HVAC. So,  uh, Hope has a ever ever ever growing nonprofit   partner, uh, network and, uh, should any tenant  need help, we would, uh, likely be able to guide   them to someone who can work with them. Meaning,  we have connections with United Way. Now, we're in   partnership with United Way with so many other,  uh, Goodwill. Uh and so uh those partners along   with stand together again you heard me earlier  with that wraparound we will have all the tools   and resources to help those who are actually uh  in our homes because again our goal is not only   to help those with uh section 8 but also help  those who want to be uh lift themselves out of   section 8. Uh but we're going to always need  people who can't afford to buy or don't want   to buy just based on disability. So we'll always  be there for them and and help them and and give   them a good support. Uh and so you heard me talk  about this earlier, but this is the pathway to   ownership. Uh and but you you heard it in uh the  presentation from the city from your own selves is   that uh this is 15 years before we even get to a  place of talking about selling has to do 15 years   first. So we'll do that for sure. Uh and longer  if we have to. But whenever that person is ready,   we'll prepare them for home ownership. So you can  see Hope is um is is open to selling any of our   properties to tenants for home uh home ownership.  Uh Hope uh will help with which authority housing   uh and formatting a rent to own structure.  Uh again that's Steve Film Meer is former CFO   co brilliant mind. We've already have that that  tool in place so when we're prepared to go we can   uh be ready to help them become homeowners.  uh uh and then the current tenants uh wish to   participate uh past pay rent would be taken into  consideration and then the contract will focus on   equitable treatment and fair terms. So we're not  discriminate against anyone anyone can who those   who are there but they want to buy we'll sell  as well. Um and so that's uh my presentation   that's you hopefully already have my information  but this is all the information uh that you have   upon me. If you need anything from me, please let  me know. And at this time, uh any any questions? Thank you, Reverend Dr. Harding. Um to  continue through financial considerations,   there is no impact to the general fund  in accordant in accordance with HUD's   approval of the disposition. The N  sales proceeds will fund section 8   rental projects and associated activities  in accordance with HUD notice PIH 2020-23. For legal considerations, the law department has  reviewed and approved the agreements as to form.   It is recommended that the Witchaw Housing  Authority Board approve the real estate sale   contract and projectbased voucher allocation  for seven public housing properties to help   CDC and authorize the necessary signatures.  And I stand for questions. Thank you, Carmen,   and thank you, Pastor Kev. We will begin with  Council Member Hohheisle. Thank you, Mayor. Um,   I have some more comments later, but I really  do appreciate your investment in South Witchah.   Um just two questions for you. Um if  they are looking at the home ownership   um passing it on to the tenant, you know, just  like we're doing right now with um giving tenants   a first right of refusal. Um is that the same HUD  requirements that we're under that they would be   uh required to go through as far as who's  eligible for it? Um this is Sally. I'm going   to ask Sally to come up and help me with  this question. Like I said, every housing   issue there there's 13 new things on it. She she  she knows everything. Uh Council Member Hoisel,   it depends on the timing on that. Um while it's  under the project B the 15-year projectbased   voucher contract, yes, it would have to if we get  beyond the 15-year projectbased voucher contract,   there'd be no HUD restrictions. Okay. And so that  also applies to any tenants that they would have.   Correct. Okay. Y All right. Thank you. You're  welcome, Council Member Johnson. Thanks, Mayor.   Um, just my usual question. I didn't see anything  around home. Is there any home funds? No, there's   no home funds. Thank you, Vice Mayor John Stud.  Thank you, Mayor. A quick question for Sally. We   just had some discussions about loans that are on  the books, off the books. Can we see the loans in   our financials? Will we be able to see this loan  in the financial? I'm sure it'd be fine, but we   should be seeing this loan in the financials. We  have to track it on so many levels. Because this   is the use of public housing sales proceeds,  we're obligated to use them in accordance   with that PIH 2020-23, which means we'll be  reporting on it to HUD very frequently also.   Yes. Okay. Thank you. You're welcome. Thank you.  I see no further questions. Um but I will just   highlight one thing. Pastor Kev, you mentioned u  the getting ahead and staying ahead programs. Um   and I have had the opportunity to speak at three  graduations so far and it is such a great program   um that truly uplifts individuals. Uh do you know  of any uh that are going on right now or that are   looking for participants because I think this is  such a great opportunity for our community. Yes,   thank you. So we're in partner well hopeet is the  one who actually houses uh let me just start with   uh that part. Hope that starts with the getting  ahead. They house it and our our organization   hope we are the sponsor for the ones that we do  at Delro. So our class starts in two weeks January   to May. And so what we do is we connect with the  the fall class. So basically you have several of   those classes across the city. Uh and we do them  in semester form. So we do one this semester and   then in the fall we send our participants who want  to go uh in the fall to like Adams Elementary or   Spate Elementary. Those are other two locations  uh that hopeet is working with uh putting   uh stand ahead. Now save matching girls  connected with empower. That's our other   just trying to show you how we're all working with  one another. So you have hopeet nonprofit, empower   uh which is up north uh um also nonprofit and they  um are funded by stand together who funds them and   they we have classes those are six week classes  and so that that's a constant revolve every we   uh we only take about a month sometimes a month  and a less than a month it's just more to get the   uh facilitators ready to go again. Uh but they  they fill up quick. Uh this class for January has   been filled up since October. Uh that's how fast  it fills up. Um and it's only we uh interview 15.   And so and that's they get dinner. Uh they get a  gas card or grocery card every time they meet. So   we we're paying them $50 every that's individual,  not um that's individually. They're getting $50   for gas or food for that week. Uh we we give them  child care and we feed them meal every every time   we meet and then the facilitators take on the  rest. So yes, I'm sorry if you talk to a preacher,   so you shouldn't ask. Don't ask no more. Thank you  very much, Pastor Kev, and all who are working as   part of a really great collaborative to try to  uplift individuals here in our community. and   I'm so appreciative of uh the getting ahead and  staying ahead program uh that is also sponsored   by HOPNET, a nonprofit here in our community.  So, thank you very much for letting me ask   that question. With that, we will open it up for  public comment. I see none. I'll bring it back to   the bench. Um and this resides really in Council  Member Hohheisle's district. And before I uh have   council member Hohheisle share his comments and  motion, I simply wanted to say thank you. Um I saw   something that is very rare when someone doesn't  take full advantage of what the city is providing,   which is a matching fund. uh in this situation,  you guys not only overpaid uh for some of these   properties, you're also uh quote wishing to leave  the affordable housing funds for other projects.   Um, and so I'm very appreciative that  you're not taking full advantage of all the   um, credits or uh, incentives, but rather making  sure that another group can also take advantage of   them so that we can provide affordable housing  to individuals here in our community that need   it. So, um I'm very appreciative to see that and  uh really uh like the idea of multiple entities   working together uh to provide housing, especially  in council member Hohheisel's district number   three. Council member Hohheisle. Thank you, Mayor.  Um I'd like to echo those comments and also again,   thank you for investing in South Witchah. Um  it is definitely one of the areas of our city   that we most need affordable housing.  Also investing in um housing for large   families. When we talk about that number  of how many housing units we are behind,   uh that's also including underhoused. So, for  example, families of seven living in a two-bedroom   apartment. Um so, I I really do appreciate you  and your work down there, and I'm willing to be   a partner for whatever you have going on in  the Southside in the future. So, with that,   um Dr. Pastor Harding, I love all the titles that  actually went in reverse. It should be pastor, the   the most important one first. Um, thank you and  your organization for investing. Uh, with that,   I will make a motion to approve the real estate  sale contract and projectbased voucher allocation   for seven public housing properties to hope CDC  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. 2023 technology upgrade   network replacement Witchaw Dwight D. Eisenhower  National Airport and Colonel James Jabara Airport. Good afternoon, Mayor Council. Jesse Romo,  director of airports airport authority here   to talk about it. my one of my uh not well-versed  uh topics. So, I'm going to just read from slides   here and then I'll talk to you through this. In  2020, a 10-year information technology capital   plan for the airport authority was completed  by Faith Group. The capital plan identified   a high level design project as a core building  block for updating the network infrastructure.   Faith Group completed the high level design in  February 2024 which identified six technology   packages necessary to deliver the required network  infrastructure refresh. The city's IT department   has been involved in the scope definition of this  project and will be providing technical assistance   throughout the implementation of each package. A  replacement of the airport network is the second   of the packages to be undertaken. Proposals  were received and evaluated according to city   procurement processes. The staff screening and  selection committee evaluated the proposals based   on criteria including experience, reputation,  project approach, staff qualifications,   technical proposals, and pricing. The committee  recommends logicalis based on the specified   selection criteria. The logicalis contract has  a maximum price of 7.6 million. A project budget   increase of 7.7 is requested for implementation  of the scope, bringing the total project budget   to just under 9.8. As procurement of the  additional technology packages is undertaken,   budget increase requests will be forthcoming. The  adopted CIP includes the authorization for this   project within technical, excuse me, technology  systems ICT. The project will be funded with   available funds from the airport. And with that,  we recommend that we approve the project budget   increase, approve the contract, and authorize the  necessary signatures. And just in layman's terms,   we have a lot of aged IT infrastructure at the  airport, uh, specifically at the terminal. All   this is at least 10 years old. And it is a  multi-year process to undertake to not only   study it, to design it, and then start getting  implementation rolling. This is the biggest   package of them all. that is the backbone of all  the network and infrastructure. So we have a lot   of connections and systems that tie into this all  across the terminal for the tenants for some of   our operations as well as across our campus at  Eisenhower. I'm happy to stand for questions   but I also brought back up from it just in case we  get a little specific. Thank you very much Jesse.   With that are there any questions for staff? I  see none. Thank you very much. We will open it   up for public comment. I see none. I'll bring it  back to the bench. Uh, this does reside in Council   Member GlassCox's district, but Council Member  Tuttle would like to speak. Thank you. Thank you,   Jesse, for the presentation. Thank you also for  all you do. Um, anytime I talk to anyone from out   of town who comes to our airport, they praise  it and everybody loves the glass jetways. Um,   it's just and and I tell people, our our airport  still has that new car smell. um you've taken such   good care of it and you've been such a good  custodian and this just makes perfect sense.   This is safety. This is making sure that we're  efficient. This is making sure that our residents   and our visitors have the best experience possible  and I know that's what you focus on every day. So,   thank you for bringing this to us and I'm happy  to be supportive. Council member Glas. Thank you,   Mayor. I would love to move that the city or  that the Witchaw Airport Authority approved   the project budget increase, approve the  contract, and authorize the necessary Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,  I believe this is now the consent   agenda item number 14. Is that  accurate? Yes, ma'am. Thank you. Hello again, mayor and council. Jennifer Hagana,  city attorney. Um this item consent agenda item   number 14 has now been slightly amended from  the agenda report. Uh based on communication   with our attorneys and with the attorney for  Genesis. Um the recommendation now at this   time is to approve the settlement agreement  of this lawsuit in the amount of $219,000 and   authorize necessary signatures. The terms of  the prior recommendation are still the same.   This will um relieve the city of defending its the  claims against it. Those will be dismissed and the   case against Genesis will be resolved upon payment  and approval of the settlement agreement. And once   again for clarification, 219,000 is the maximum  that the judge uh has said the city is owed. Is   that that is accurate? Thank you, Council Member  Glasco. I withdrew. You asked my question. Um,   and one last question on the $219,000. Um,  when will that uh be given back to the city?   The attorneys will finalize a written settlement  agreement and then upon signature of that um the   check will be executed, I would guess in the next  few weeks. Thank you. I'll keep you posted though,   Council Member Tuttle. Thank you, Jennifer. Thank  you for bringing this back to our attention and   and thank you for um all of your team's efforts.  I just want to make sure then this absolutely   means that the 1.86 million um counter suit is  nullified. That is correct. Okay, that was really   one of my biggest concerns. I $19,000 to leave on  the table is a lot. I'm not going to say it's not,   but if we went forward, we didn't know if we'd get  the 200,000, let alone 219,000. But then we had   the 1.86 million looming over our heads. So, this  really is essentially preparing us for the next   phase, which is the biggest part of the suit that  will be the most beneficial for the city of Witaw.   Is that accurate? Very, excuse me. Very accurate.  Thank you so much. Thank you. And and I heard that   it's Eric's birthday today. It is. So, happy  birthday, Eric. Way in the back. Appreciate all   your efforts on this and thank you for your hard  work during the mediation process. Any further   questions for staff? I see none. I will open it  up for public comment. I see none. I'm bringing it   back to the bench. Um, with that, I just want to  reiterate some of the comments I made earlier. As   I mentioned, um, accountability is very important  to the city and I believe that during the morning   meeting, we talked about the individuals who no  longer work for the city of Witchah. Um, who again   uh were there when this contract was drafted, when  this contract was supposed to be enforced. Um,   and now we have a new city manager. And again,  I am hopeful because this new city manager,   um, my expectation is more accountability,  more transparency, and that situations like   this do not happen again from the past. Um, also  I just want to say uh thank you to Mark Manning,   our finance director, who uh is continuing  the efforts to centralize contracts, accounts   receivable, as well as timekeeping uh which will  again uh more safeguards so that this again does   not happen in the city. Um and with that um I  know that after hearing uh the facts which are   uh $219,000 is the maximum the city can expect  to receive. This is based off of a judges   um uh ruling ruling um because this is the  best the city can get and now we are at the   amount that the city is owed. Um, while I'm  still disappointed that this has come to uh   this position, I believe this is the most prudent  thing to do. As council member Tuttle mentioned,   uh this will uh disregard the $1.86 86 million  counter lawsuit that Genesis Genesis had against   the city and the city will recoup 219,000 but also  will move forward with a greater lawsuit against   um the operator the design build operators  um for the ice rink. Is that accurate? That   is accurate. Thank you. Uh with that uh council  member Hohheisle. Thank you, Mayor. I just wanted   to take uh just a moment and explain myself. I do  appreciate my fellow council members and their uh   fiscal responsibility at looking at this issue the  way they do. Um, however, I feel like there's just   an expectation from the public um when they feel  slighted um on behalf of the taxpayers that we do   fight through to the bidder end and also make sure  that it shows other people who might be looking to   slight the taxpayers in the future that this is  the extremes that we are willing to go to. So,   I just did want to explain my vote ahead of time.  Council member Glasco. Thank you, Mayor. I said in   my comments earlier that I would not settle for  less than 219,000 which was the maximal amount   or getting 219,000 which is the maximal amount  allowed uh as ruled by the judge. And so I feel   that um this should be a statement to anybody  doing business with the city that we will fight   for every single dollar that we are owed for.  And I think this showed that we are willing to   do that from the bench and we have moved forward  with more accountability. we have moved forward   uh with more measures to make sure that we um  have protections moving forward and so um I was   not going to support this earlier at 200,000 but  given that we are getting every single dollar that   we owed for and we fought for that I will be  supportive of the settlement agreement now any   further discussion with that I will go ahead and  move that the city council approve the settlement   agreement of the maximum $219,000 owed to the city  and authorize the necessary signatures. Second   motion and a second. Any further discussion? I  see none. Madame clerk, please open the role. Motion passes 61. Madame clerk, please call  the next item. Approve that pursuant to section   204090, Mayor Liy Woo and council member  Tuttles's travel expenses as estimated on   the travel authorization and expense form  to attend local government day in Topeka,   Kansas, January 28th, 2026 for the purpose  of meeting with state legislators regarding   community issues consistent with  AR3.1. Upon return from travel,   actual expenses shall be reported  to the controllers's office. Council member Tuttles, thank you. Um, thank  you for considering travel to Topek. I think   we're all going to head out this year.  I will be traveling with a staff member,   so I won't actually incur any cost. Thank  you. I also plan to do the same. So,   there should be no cost to the city.  However, if there is a change um there,   we will add that to the uh website uh and the only  change would be utilizing a city vehicle to attend   the Topeka event. With that, uh, Vice Mayor  Johnston, I'd also volunteer all car approval,   but I want to drive. That's fair. With that, I  move to approve the travel. Second. Motion and   a second. Any further discussion? I see  none. Madam clerk, please open the role. Motion passes. 70. Madam clerk,  please call the next item. for council member Tuttle to accept travel  to attend the early childhood advocacy day   in Topeka on February 25th, 2026 for the purpose  of networking with early childhood advocates and   meeting with lawmakers. The estimated amount  gift amount from child start for travel is   $200. Council member Tuttle. Thank you. I have  attended this event in Topeka gosh for the last   four or five years. Um, I am a proud member of  the Child Start board of directors. I will be   traveling with the CEO of ChildStart. She will be  driving. Um, also in attendance will be someone   from our child care licensing team. Um, and city  manager Marshall, I know you probably, you know,   being your second day, haven't thought about all  your visits, but if you ever want to do a ride   along with our childare licensing team, our child  city of Witchaw licensed about 14,000 kiddos.   And if our 14,000 kiddos spaces, if parents,  caregivers didn't have a place to safely ensure   their kids were being taken care of and being  provided quality early learning, they wouldn't   be able to go to work. So I say consistently that  child care early learning is not a woman's issue.   It's not a family issue. This is an economic  development issue and this is a workforce issue.   And just in my spirit of redundancy one last time,  the number one predictor of adult health is third   grade literacy. And the number one predictor of  adult incarceration is third grade literacy. So we   will be going to Topeka advocates from all across  the state to emphasize to our legislature and also   administration on the importance of supporting  early learning and getting kids ready to go to   prek and K. So thank you for consideration of my  job request. I move to approve that travel. Second   motion and a second. Any further discussion? I see  none. Madam clerk, please open the roll. Motion   passes 70. Madame clerk, please call the next  item. Council member appointments and comments.   We'll begin with council member appointments. Are  there any appointments, council members? I see   none. We will now move to council member comments.  Council member Johnson. Thanks, Mayor. Uh,   just a little bit of some thoughts from today.  Just wanted to say that I am a little disappointed   in some of the discussion earlier with some of  the fingerpointing at specific former city staff   members, especially when the context or nuance  is missing from the discussion. Mistakes are   mistakes. They should be correct corrected, but no  one's perfect. But the final say on any contract   or agreement is always on the governing body. No  matter what any member of our staff recommends,   it's the city council decision. Leadership  changes, ideas shift, public sentiment shift,   standards change. That means how we do business  will change over time as well. You can look no   further than 29th and Grove with KDHE. A group of  people, city and state, thought the communications   plan in 2002 and 2003 was good enough. But when we  reviewed that in 2022, we strongly felt different.   The most important piece of that was making sure  that we learned the why and the how and then the   correct things. All of our explanations since  then publicly highlight that it wasn't good   enough then. But rather than blame anyone or  point anything out, we just focused on what   needed to be improved and we did it. During my  time in office, I've watched council majorities   take staff recommendations. I've watched council  majorities ignore staff recommendations. It's also   important to note that many staff recommendations  come at the behest of council majorities. So,   they hear what the council would like to  do and recommend a way to achieve that.   I've watched what seemed to be a good contract  end up not being one. I've watched both electeds   and city staff work to make changes to ensure  those missteps never happen again. But too often,   uh, staff are reduced to just some governmental  bureaucrats seeking to make life hard or messing   up on something or worse as a punching bag to  deflect voter sentiment aimed at us. My experience   here has shown me that the individuals working for  the city of Witchah at every single level truly   care about doing their jobs and doing them well.  doing their jobs. Even when we underresource them,   demand more of them, even when their professional  experience or opinions are disregarded due to   politics. These individuals come to work day in  and day out to serve this city, to implement the   direction of the governing body and to work  to be accountable. These are team members,   not just individuals to boss around. I've yet to  meet a member of this city team that doesn't agree   with transparency and accountability. I've yet  to meet a member of this team, current or former,   that hasn't worked to address issues that have  been surfaced. Decentralized contracting was   a problem that surfaced. Our former city  manager and finance team brought forth a   solution. The governing body then approved it.  Some in the community bring forth complaints   about council decisions a quarter century  ago, others about decades and years ago,   some more relevant ones that have occurred in  the 2020s. But what's not usually discussed   is the active work that our professional staff  take to fix those issues in real time. Again,   no one's perfect. Perfection isn't reality, but  the journey toward perfection is the goal that   acknowledges that mistakes will be made.  Hopefully, as few as possible, but also   they should be addressed. So, I just want to go on  record to say I appre appreciate the professionals   working for the city of Witchah, the work that  you do, even in the face of constant criticism   and your continued efforts to make your community  a better place day in and day out. Thank you all. Would anyone else I see council member Glasco? Thank you, Mayor. Um, I'll take a different  direction. Uh, on uh December 26th, uh,   we lost two members of our community. Um, Joseph  Davidson and also Josh Bligg. I just want to take   a moment to talk about Josh. Uh, Josh was a  friend of mine. Josh had ran for this position   two times prior. And Josh was a good man. He uh,  there's a lot of people that talk about Jesus. And   Josh showed Jesus to people and lived out the  principles uh that his faith guide guided him   towards. And that was his work at Bethl, his work  with Riverfest, Southwest Neighbor Association,   Automoilia. Um again, when he ran for this,  there are a lot of people that run for elected   office and become jaded afterward um and become  bitter. Josh did the complete opposite and figure   out ways to pour into his community and invest  in his community and give back to his community   and try to make a better community for his wife  Candace or his son Pearson, her daughter Abigail,   his recent grandbaby and his grandbaby's on  the way. And so I would just remiss in not   recognizing Josh uh today. And I hope that we all  learn to lead with kindness as much as we can,   myself included. uh lean with grace and really  figure out ways to give back when we're outside   of this office as well. If we win our races or  we lose these races, I hope that we act more like   Josh did for our community. Um and he will just  be very missed, especially in Southwest Witchaw,   but Witchaw as a whole. Council member Hoheisle.  Thank you, Mayor. Um I'd like to echo Council   Member Glascock's sentiments with um Josh Blake. I  last time I saw him was the beginning of December.   Uh we actually chair neighborhood association  that Josh was uh the president of and head of.   Um he was always just a friendly guy, always  there with encouragement. Um he will be missed   in South Witchah in general and all of Witchah. Uh  last time I talked to him, we were always talking   about his grandbabies, which are the same age as  my baby, even though we're we were pretty close   in age. I guess that just talks about how old I  am or how long I waited. But I always saw the joy   in his eyes whenever he talked about his family  and that's definitely going to be missed. And   um Godspeed Josh. Um also I do agree with Council  Member Johnson. The buck stops here. That's not a   indication of um shooting bullets at anybody here.  It's just a simple thing. um councils in the past,   they haven't been perfect and a lot of things have  slipped through the cracks and it's important that   we keep improving the processes uh like council  or vice mayor uh Johnston said today. So that way   in the future we're not the councils that people  are talking about letting things slip through the   cracks. So we need to make sure that we continue  to improve. Um, also this is the last meeting for   um the last official meeting, regular meeting for  Council Member Johnson and the last meeting for   Vice Mayor Johnston. Um, I guess uh we don't  have to come up with nicknames for you guys   anymore with uh Johnson dropping off, but I do  appreciate um all the years that we have served   together up here four years and the last or the  last year with you as vice mayor as well. I think   you both have done a good job representing your  constituents. Vice Mayor Johnston. Thank you,   Mayor. I just want to sincerely thank you. I  thank uh Councilman Johnson for being able to   work with you for two years. Um we always haven't  agreed. Uh sometimes we have agreed. Sometimes   we've surprised people when we have agreed.  Um but you're very talented, very articulate,   very smart person. And I know you've already done  great things and you will continue to do great   things and even greater things. So I've enjoyed it  and congratulations on eight great years and uh I   respect you a lot. Council member Tuttle, I know  we'll make comments at the changing of the guard,   so I will save mine for then. So, I only cry once,  but thank you for everything you've done. Um,   Council Member Johnson and I were friends long  before council. So, thank you and I cried twice. Thank you all very much for attending  today's council meeting. With that,   I will move to adjourn this  meeting. Second. Motion and   a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 5 to two. Thank you.