Wichita City Council Meeting February 3, 2026
No description available.
Good morning, Witchah, and good morning to
all of you. Thank you for joining us for this week's city council meeting. We call this
meeting to order. With us this morning is Pastor Mark Usri with New Testament Christian Church to
provide our invocation. Following the invocation, we will have our pledge of allegiance and
we ask that you please stand for both. Good morning everyone. Heavenly Father, we
come together today with grateful hearts for an opportunity to serve our community.
Grant wisdom to each district office to Lily Mayor Willie Lou Woo. Give them courage
to act justly and compassion to listen with understanding. May their words be
respectful, their decisions be fair, and their actions reflect the integrity
and the care for all of our community. Guide them to work together in unity, setting
aside personal interests for the greater good. Bless our community, God, with peace, with
progress, with hope. And let this meeting this morning, God, and future meetings throughout
this year help guide our community to growth, to give glory, God, to you and everything that is
accomplished. Help us to be respectful as Jesus said, "Do unto others as you would have them do
unto you." And God, we give you the glory and the honor, God, for all that is accomplished today
and in the future. In Jesus name we pray. Amen. America and to the republic for which it stands. One nation under God indivisible
with liberty and justice for all. Thank you, pastor. Madame clerk,
can you please call the first item? Approve the minutes of regular meeting January
27th, 20126. Council members, any items to be edited? I see none. I move to approve the
minutes for January 27th, 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. Awards and proclamations. Mayor,
we have two proclamations today. The first is Witchah Public Libraryies 150th
anniversary and the American Heart Month and National Wear Red Day. May I please
ask the entire council to join me at the front and the representatives and
friends of the Witchah Public Library. The proclamation reads, The city of Witchah,
Kansas, founded in 1870. Whereas for 150 years, the Witchaw Public Library has served as a
cornerstone of our community by providing free and equitable access to information, resources, and
programs that support lifelong learning. And since its founding in 1876, the library has fostered
literacy, inspired imagination, and championed intellectual freedom for residents of all ages and
backgrounds. Whereas the Witchaw Public Library has continually evolved to meet the changing needs
of Witchah by embracing innovation, technology, and creative programming while remaining a
trusted and welcoming public space. Whereas strong community partnerships and volunteerism advance
the library's mission by expanding opportunities for learning, civic engagement, and meaningful
connection. Whereas the public library remains a vital hub for curiosity, creativity, and community
engagement, and the city of Witchah recognizes its lasting impact on generations of residents and
its enduring commitment to community well-being. Now therefore, be it resolved that the Witchah
City Council does hereby proclaim February 3rd, 2026 as Witchah Public Libraryies
150th anniversary day. [applause] Thank you, Mayor and Council. Today, we're
celebrating something truly remarkable. 150 years of the Witchah Public Library, proudly serving our
community. For a century and a half, this library has been far more than a building with books.
It's been a welcoming doorway to knowledge, imagination, and opportunity. It's where children
discover the magic of stories. Students chase big dreams, and job seekers find support,
neighbors connect. It's not just information, but it's one another. Witchah Public Libraries
spark joy in quiet moments of reading, in lively programs and conversations, and in the simple
comfort of knowing that there's a place where everyone belongs. Through change, growth, and
generations of readers, it's remained a steady, generous presence in our community. We look
forward to celebrating this milestone all throughout 2026 because one day isn't just
enough. So, we invite everyone to come in. um especially today, we've got um a display
happening and we're inviting our residents to share their wonderful library stories with us
all throughout the year. But on February 10th, next week, Michael Theres, who's the new
reading rainbows host, he's coming to the library. Um our best-selling author, Kate Quinn,
is launching her new book, The Astral Library. She's coming on the 17th of April of February.
Be sure to get your tickets. The Academy Awards shorts are coming up. The Big Read book, it's
it's actually an amazing book. It's a poetry called The Catalog of Unabashed Gratitude, and
it celebrates community. We're also adding a community garden at our Maya Angelo branch. More
art is coming to the Walters and Alfred branches. We'll have ice cream socials to celebrate um
with our friends in the summer reading. And a civic passport is being launched this year in
partnership with the Kansas Leadership Center. Here's to 150 years of curiosity, community, and
joy, and to many more chapters to come. Thank you. [applause] May I please ask the friends
of American Heart Association to come forward and any council
members who would like to stay. The proclamation reads, "The city of Witchah,
Kansas, founded in 1870. Whereas cardiac arrest is a leading cause of death worldwide with more than
350,000 out of hospital cardiac arrests occurring annually in the United States and only about 10%
of victims surviving. Whereas approximately 70% of out of hospital cardiac arrests occur at home
making bystanders often family members the first and most critical link in the chain of survival.
Yet only about 41% of victims receive immediate CPR and fewer than 12% receive AED assistance
before advanced help arrives despite evidence that prompt CPR can double or triple survival rates.
Whereas more than 23,000 children experience out of hospital cardiac arrest each year, including
infants and youth participating in sports. And studies show women are less likely than men to
receive bystander CPR due to fear of causing harm, legal concerns, or discomfort with physical
contact barriers that can be addressed through education and awareness. Whereas the American
Heart Association's na nation of life survivor lifesavers rather initiative seeks to double
survival from out of hospital cardiac arrest by 2030 through CPR and AED education, public
access to defibrillators and cardiac emergency response planning and encourages all to raise
awareness by wearing red on national wear red day on February 6, 2020. 26 in support of heart
health. Now, therefore, be it resolved that the Witchah City Council does hereby proclaim
February 2026 as American Heart Month. [applause] Thank you, Mayor Woo, and to
the council members for this honor. On behalf of myself and Heather, who is
here, I am the advocacy chair for the American Heart Association. I'm grateful
to this association for its leadership, for its commitment to saving lives. We accept
this award on behalf of the families and the communities that we serve. Heart health is not
just a medical issue. It's a community issue. And as we approach wear a red day on Friday, we
encourage everyone to wear red, raise awareness, recommmit to prevention, education, and equity
in heart health and care for all. Thank you. [applause] Madame clerk, please call the next item. Public
agenda. We now come to public agenda. The public agenda allows for up to five speakers to have
five minutes each to address the council. Please bear in mind that this is not a period of
dialogue with council or a question and answer period. This is your opportunity to address the
city council with your concerns. I ask that you address your remarks to the city council as a
body and not to any individual council member. 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 speak into the microphone. Please state their name
and address to the record. A time clock will display the speaker's remaining time to speak.
Order and rules of decorum will be observed. We have no speakers signed to up
today. Would anyone in the public like to address the council? Please
state your name and your address. Good morning, Bill Stout, District 5.
Almost everybody up here knows me. Uh, I wouldn't be here today if someone
would have taken the time to return my call or respond to my email, but no
such luck. I'd like to open with a quote. We have the opportunity to invest in Witchita's
safety so we have the resources we need to keep you and your loved ones safe. On March 3rd, say
yes to watch Witchita win. If those words sound at all familiar, it's because they came from an
advertisement that's currently running on local media, radio, and across internet platforms. The
advertisement, not surprisingly, was paid for by Witchah Ford. The problem is it was filmed in a
fire station using a public employee, a fireman identified as Warren. Now, you might ask, why is
that concerning? Well, it's a clear violation of city policy to have a city employee take a public
stance on any issue on an agenda or campaign. It was filmed inside a fire station, station one,
and someone at the city had to authorize it. I want to know who, and I want to know how they're
going to be held accountable. See, I worked for the sheriff's department. My father retired from
the PD, as did many other members of my family. And I'm acutely aware of the policy regarding
taking a position on a political campaign. In fact, it's a fireable offense to even display a
campaign sign in your yard when working for one of those organizations. I'm disgusted by this ad.
I'm disgusted by the fact that someone allowed it to happen and I'm disgusted by the continued
efforts of Witchah Forward to influence a special election, one that many of us think should have
never happened in the first place. You as a body decided against the will of the people to force
an election on a piece of legislation that you didn't even compose. It was written by a third
party special interest group. And I assure you, no one voted for them to write law. The group has
shown their true colors multiple times. First with an ad that implied anyone who opposed their sales
tax initiative was a communist. That was absurd. Then they sent out a mailer in giving false
information about where, when, and how to vote and giving information about how much you'd
save in property tax. Problem is, the math doesn't support their claim. And now we have this ad using
a public employee as a political pawn. I called the city council office on Friday to discuss the
matter. No one would even answer the phone. I left a voicemail. No one bothered to return my call. I
sent all of you an email. No one had the courtesy to even accept and respond to it with even a
gotcha. Would have been fine. Couldn't have that. But thank you, Madame Mayor. I do appreciate
the conversation you and I had. Uh I called again yesterday morning. Couldn't get through. Kept
getting voicemail. Called the main switchboard. Someone finally answered, sent me over to city
council office. And I was told, and probably this is the part that bothers me the most, quote, "It's
up to the council members if they want to talk to you and return your call or address your concern."
Wow, that's some top-notch public service. Guys, you know, I'm disappointed. I'm opposed
to this poorly written ordinance because it's too vague. It's far too rushed, pushed and
written by a third party special interest group, and the people involved have shown themselves
to be less than trustworthy. As a witchin, a taxpayer, and a former public servant in this
community, I demand to know who authorized the ad, and I want him held publicly accountable. The
ad not only violates policy, it violates Kansas election law. And yes, I checked. Most of you
should be ashamed of yourselves. You appear to be dodging accountability and you're supporting the
will of special interests above the overwhelming majority of people in Witchah who will be forced
to bear the burden of this unjust taxation in the event it actually does pass. And on a final note,
should by some miracle it pass considering the current polls, I'd like to see a hand recount.
Thank you. Thank you, Bill. Would anyone else from the public like to address the council? I see
none. I have a question for the city manager. Um, this was a question that was posed to several
council members uh regarding the filming of a commercial and I would like to hear from legal
what is happening at the current moment. Well, I'll I'll jump in um initially. Um, yeah, there
does seem to be, again, I don't know what link he's referring to or if there's a specific one.
We did a little look to see, and I didn't see the exact um link that he was speaking of. Um, but
there is if, as identified, concern with a city employee using city resources in a city facility,
then that would warrant more investigation. Um, but I don't have the um link to investigate.
So, I'm not sure um what he's uh referring to, but we'll do some more digging to see if we can
find the actual link that he's referring to. I don't know if legals. Yeah, I would concur that is
a concern if that is um the case. I have not seen the ad, but I would like to pursue this if there's
someone can provide that information. Thank you, city manager and city attorney. Uh the other point
of uh clarification, thank you, Bill, on bringing up the information regarding voting. Um I'm going
to put this on the record. This is on the Cedric County election page. Um again, February 10th
is the deadline for voter registration for this special election. February 11th is the first day
to send mail ballots for this special election. February 17th is the early in-person voting
at election office. That's where it begins. Uh February 24th is the last day to request a mail
ballot. February 26 is early in-person voting beginning at satellite locations. And lastly,
March 3rd is the date of the special election and mail ballots must be returned by 700 p.m. to
be counted that day. Again, this information is on the Cedric County election website. Madame
Clerk, can you please call the next item? Mayor, it looks like there's someone
that are wanting to speak on the council. It's not showing up on our screen. Yeah, it's
not showing up on our board. Mayor, sorry. Um, I just wanted to comment to um Mr. Stout, I
don't have an email from you. Um, I just did a quick search, so if I missed it, I apologize, but
the last email I have from you is from 2025. So, um, I just wanted you to know I'm not ignoring
you. I I didn't get it for some reason. if you'd like to re resend it to me, I'd be happy
to take a look. Thank you, Mayor. I want to just echo those sentiments. Mr. Stout, I also
don't have an email from you. Just searched um so I apologize, but every Friday I tried
to carve out time to respond to emails to get it down to zero and respond to voicemails. So,
happy to speak with you, but please know that I was not ignoring you. I'll echo. Last email
I have from you is on September 3rd, 2024. I see no further comments. Madame clerk,
can you please call the next item? Consent agenda items 1 through 16. Council members, are there any items to be pulled? I see none. I will move to approve
consent agenda items 1 through 16. Second. Sorry, I'm still getting
used to that. Motion and a second. Any further discussion? I see none.
Madame clerk, please open the role. Motion passes. 70. Madame clerk,
please call the next item. Board of Bids and Contracts dated February
2nd, 2026. Good morning, Mayor, City Council. Josh Lober, Department of Finance. Board of Bids
and Contracts convened yesterday, February 2nd, 2026 for the following items. For engineering,
we have water distribution improvements, sanitary sewer improvements, paving and
paving to serve Pineway Edition phase two for Pearson Construction LLC for an
aggregate bid total of $599,712.65. For purchasing, we have the electrical
services for expansion of video surveillance cameras at various intersections for
LT technology solutions for $119,573. We have the video security camera expansion
at various intersections or the physical cameras for Sandifer engineering and
controls incorporated for $64,92.74. We have the belt press roller assembly parts
for Alpha Lavvel Incorporated for $91,39329. We have the enterprise support services renewal
for Microsoft incorporation for $115,8.35. We have the trash and recycling
containers and collection for park and facilities groups for
change order for waste connection of Kansas incorporated for an amended
estimated monthly cost of $19,760.7. We have the indirect cost allocation plan change
order for MGT Impact Solutions LLC for an amended amount of $8,500. This is how to become a vendor
with the city. This is our purchasing calendar of small business resource partners that the city
is hosting or participating with. And these are open public opportunities out on the street
today. And I'd be happy to try to answer your questions and recommend your approval. [snorts]
Thank you, Josh. Questions for staff? I see none. I move to approve the board board of bids and
contracts dated February 2nd, 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
Gunzelman, public works and utilities. For the record, I have some new petitions for your
consideration this morning. The signatures on the petitions represent 100% of the improvement
districts and the petitions are valid per Kansas statute. Arveda second edition located in district
5. projects will provide water and sanitary sewer improvements required for an existing
residential development. Fossil rim addition located in district 5. The project will provide
paving improvements required for an existing commercial development and Hoover Industrial Park
second edition located also located in district 5. project will provide sewer improvements
required for an existing commercial development. It's recommended city council approve the new
petitions and budgets, adopt the new resolutions, and authorize the necessary signatures. And
I will stand for questions. Thank you, Paul. Questions for staff? I see none. I move to approve
the petitions for public improvements. Second motion and a second. Any further discussion? I
see none. Madame clerk, please open the role. Motion passes 70. Madame clerk,
please call the next item. Funding for replacement of large water meters. Good morning, mayor. Uh members of city
council. For the record, Don Henry, public works and utilities. Uh the item before you
at the moment um recommends approval of funding for replacement of water meters for commercial
and industrial applications. This is necessary to promote the accurate uh measurement of water
usage and collection of the associated revenue. Um this project will um continue to replace
aging turbine style water meters with new ultrasonic type meters. Ultrasonic type meters
provide um an advantage over the old turbine style in terms of the accuracy of reading,
longer life expectancy, less maintenance and um the uh more accurate collection of revenue
through time. Uh this is especially true where um the the aging meters tend to slow down and
and underread as a result of wear and tear on the mechanical um components inside of the meter.
Ultrasonic meters are able to pick up on discrete flows within industrial applications where you
have higher flows um and and you have a discrete increase in flow such as a uh drinking
fountain or an individual toilet flush or um a sink faucet is turned on. The old turbine
style isn't as capable of picking up those discrete increases whereby the newer technology
does leading to um more accurate readings. City Council authorized funding in the amount of
$600,000 to begin the meter replacement program in March of 2022. An additional 200,000 was
authorized in 2023 and uh the water distribution division has made great progress on this project.
In fact, they've completed a change out of all of the 6 in and larger meters. They've completed the
four and the 3-in meters and have been chipping away at the 2-in meters. And the um outcome
to date due to the uh improved uh technology and newer meters is an increase in revenue
of more than half a million dollars a year. Staff um will use the requested funds to
continue the 2-in meter change out program. Uh the current adopted CIP includes $300,000 yet
in 2025 and $300,000 in 26 for water distribution meter replacements. And staff is recommending
authorization of the full amount at this time. Therefore, is recommended that the city council
approve the project, adopt the resolution, and authorize the necessary signatures. Thank you,
and I'll stand for any questions as you have at this time. Thank you, Don. Questions for staff. I
just have one. Can you go back to slide number 29? I wanted to know of these 2inch meter um pipes
uh readers rather um where are these located mainly? Are they throughout the city of Witchaw
or are they focused in a specific district? They they would be throughout the the city. um a 2-in
meter is is um it could be used in a variety of applications whether it's um smaller manufacturing
or food service um those type of applications. And lastly, of those old turbines,
what's the age expectancy of that type of uh turbine versus the new ultrasonic?
Um, if it's okay, I'd like to call Matt Townsen to the to the bench to give
you some uh more details on on that. Good morning, Mayor Council. Matt Townsen,
water distribution. Uh, to answer the question, the turbine style meters uh can last anywhere
from 10 to 15 years. uh but they will say start to slow down over time as Don stated because
the slowing of those mechanical components inside whereas the ultrasonic meters don't
have any moving components inside. It's mainly the battery life and the batteries on these
units are warrantied for 10 years but we've also seen them last a bit longer than that and
it would just be a simple battery replacement. Thank you, Matt. Yes, ma'am. I see no further
questions for staff. We will now open it up for public comment. I see no one from the public.
I will bring it back to the bench. Uh since this is in all districts, I will go ahead and
move that the council approved the project, adopt the resolution, and authorize the
necessary signatures per charter ordinance 211. This item requires a twothirds
majority vote. Second. Motion and a second. Any further discussion? I see
none. Madam clerk, please open the role. Motion passes 70. Madame clerk,
please call the next item. The zone change request in the city from
SF-5 single family residential district to MF-18 multifamily residential district for a
senior living development generally located on the southeast corner of East Gilbert Street and
South Rock Road 831 East Gilbert Street District two. Good morning. Scott Wadel from the planning
department here to present this one. So for this case, as you heard, uh the applicant is requesting
a zone change from SF5 to MF18 for multifamily zoning. This item is being heard today because
there are protests that were submitted against the application from within the notification area.
And I'll show you a map that illustrates that. In terms of the request, the applicant has indicated
that they are requesting the zone change in order to be able to use the site for six quadplexes
for a total of 24 dwelling units. In terms of the property, it's located, as you can see here, at
the southeast corner of Gilbert and Rock Road. It is approximately 3 acres in size, consists of one
ownership parcel, and is developed with a church building and related parking. In terms of context,
properties to the north, south, and west are all zoned SF5 and developed with single family homes.
Property to the east is developed with USD259's Bostic Elementary School and zoned SF5. Here's
the zoning map. In terms of the staff report, the staff report provides additional information about
development standards, compatibility standards, screening, landscaping, and parking. In terms
of review, on December 18th, [clears throat] the planning commission reviewed the request and
recommended approval, and that vote was 90. Two members of the public spoke on this item with
concerns about traffic, street flooding, and children safety related to the drop off and pickup
operations over at the school. On January 14th, the district advisory board reviewed the request
and recommended approval of the zone change as requested by the applicant. And that vote was
[clears throat] 6-0. and no members of the public spoke on this item at that meeting. Four
protests were received against this application. They make up 7% of the total protest area, which
is less than the 20% state threshold. Therefore, the zone change can be approved with a
simple majority of four of seven votes. So, the recommended action is recommended city council
adopt the findings of the planning commission, approve the requested zone change, authorize
the necessary signatures, and instruct the city clerk to publish the ordinance and resolution
after approval. And again, that would require just four of seven votes. Alternatives include
the following. You can override the planning commission, adopt alternative findings, and deny
the zone change request. That would require five of seven votes because it's an override
of the planning commission. Or as always, you can return the case to the planning commission
for additional consideration. Just simp requires a simple majority. Quick note about the process that
city council policy is that the public hearing for planning items occurs at the planning commission
meeting. According to the policy, the city council does not typically receive public comments on
zoning items. With that, I'll take you through some of the graphics. So, here's the aerial map
which was described earlier. Here's the zoning map. Here's the map from the comprehensive plan
showing that this site is lo is recommended for commercial use. Here's the protest map. Again,
there were four protests that were received. Uh three of them were two of them entirely and
one portion of a third one were in the protest area. That added up to 7% of the protest area.
Here's a site plan that was uh submitted by the applicant as part of the application. And with
that, I'll stand for any questions. Thank you, Scott. Questions for staff. I have a couple. Um,
I know that this is the Korean uh Presbyterian Church. Is that the applicant that is going to
build these quadplexes? No. Uh, Menite Housing is uh the organization that's proposing to build the
homes. I like hearing that there are more housing units to be made available in the area. Um, I know
that this is a hightraic area. Have they aliated any of the concerns regarding traffic? There were
uh concerns that were expressed. Uh part of those had to do with parking. Um and as you can see on
their site plan, they do uh show garages and uh driveways leading up to those to help provide
the parking. And you can also see uh parking that's located uh to the north and to the south
of the existing church building. Thank you, Scott. Any further questions for staff? I see none.
This resides in council [clears throat] member Tuttles's district. Thank you very much. Um I
just want to thank Scott and the metropolitan area planning department for all your hard
work on this. I also want to state that I have had exparte communication with the applicant and
with the agent, not only during the DAB meeting, but also in my office. We had a meeting to
learn more about this project several months ago. Um I'm happy to see this come forward. I know
there's some concerns about the neighbor, but I'm confident it can be resolved. Um we need more
housing. We know that we need more housing for every sector in our community, but especially for
seniors. So, with that, I will move that the city council adopt the findings of the MAPC and approve
the requested zone change, authorize the necessary signatures, and instruct the city clerk to publish
the ordinance after approval. Thank you. 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. Zone change from SF-5 single family residential
district to go general office district generally located on the south side of West 37th Street
North and within 1 half mile east of North Ridge Road. Hello, Scott Wadel again from the planning
department. So, as you heard for this one, the applicant is requesting a zone change from
SF5 to go general office. This item is being heard today because the DAB and the planning commission
recommendations are different and also because protests were submitted against the application
from within the notification area. In terms of the request, the applicant has indicated they are
requesting the zone change in order to be able to use the site for medical office and multifamily
uses. In terms of the property, as you can see here, it's located on the south side of 37th
Street and to the east of Ridge Road. The subject site is approximately 7 and a half acres, just a
little bit over seven and a half acres in size, consists of one ownership parcel and is developed
with a single family house related accessory structures. Properties to the north, east, and
south are zoned SF5 and developed with single family dwellings. To the north between the road,
rideway and the dwellings is a landscape burm in a platted reserve. Properties to the west and
southwest are zone go. They're within a community unit plan and consists of a mixture of undeveloped
land, office and institutional uses and also multifamily residential and the institutional
use is a combination of a church and a school. In terms of the staff report, the staff report
provides information about development standards, compatibility standards, screening, landscaping,
parking, signage, and land uses. In terms of review, on December 18th, the planning commission
reviewed the request and recommended approval of the go uh request and that vote was 8 to1. Four
members of the public spoke in opposition of the application at that hearing. Their comments uh
communicated the following concerns. Increase in density would not be in character with the single
family dwellings uh nearby. That 37th Street is a two-lane street and the increase in traffic could
be a challenge. also the possible decrease in property values and introduction of potential
noise and light pollution. On January 5th, the district advisory board reviewed the request and
recommended denial of the go district and approval instead of neighborhood office NO. That vote was
5 to three. In support of their recommendation, the DAB made findings that the requested geo
district and proposed highdensity multifamily development would be out of character with the
single family dwellings nearby. Additionally, they found that multif family could have a
negative impact on nearby residential properties with an increase in traffic, whereas office is
not likely to have a similar effect. One note about this is that the most notable difference
between the two zoning districts is that the NO neighborhood office district promotes permits
office uses but not multifamily by right. The inno district requires a conditional use permit
in order to allow multifamily. At that meeting, at the DAV meeting, 10 members of the public spoke
in opposition to the application, expressing the same general concerns as those mentioned at the
MAPC meeting. In terms of protest, 29 protests were received against this application. Nine were
located in the protest area and equal 21% of the total protest area. So therefore, it exceeds the
state the state threshold of 20%. And any approval of zone change will require a supermajority or
six of seven votes. And that is for either the go or the no uh will either one will require six
out of seven. In terms of recommendation, it is recommended the city council adopt the findings
to the planning commission, approve the request change, authorize the necessary signatures, and
instruct the city clerk to publish the ordinance and resolution after approval. Again, that would
require six of seven votes. Alternatives include the following. You can override the planning
commission, adopt alternative findings, and approve the NO neighborhood office district
per the DAB recommendation. And again, that would require six of seven votes. Another alternative
is that you can override the planning commission, adopt alternative findings, and deny the
requested zone change. That would require five of seven votes because it's an override of
the planning commission. Or, as always, you can return the case to the planning commission for
additional consideration with a simple majority vote. Again a note about the process that city
council policies at the hearing public hearing for planning items occurs at the planning commission
and according to the policy city council does not typically receive public comments on zoning
items. So with that I'll take you through some of the uh photos and graphics. So here's
the aerial which was described earlier. Here's the zoning map again that was described earlier
as well. Here's the map from the comprehensive plan showing that this area is recommended for
residential and employment mix. Here's the protest and notification map. It's a little bit of a
different shape this time, at least in terms of notification because there's unincorporated
Cedric County to the northeast. On this map, you can see the red, which are the protests that
are in the protest calculation area, and the blue, which are protests that were received outside
of that area. Here's the aerial. And with that, I'll stand for any questions. Thank you, Scott.
Questions for staff, beginning with Council Member John Stunn. Scott, can you can you go through
the difference between uh GO and NO? And yes, does ENO allow duplexes? Um, that is an excellent
question. Uh, yes it does, sir. So uh in general the difference is is that go is general office so
it's intended to be a more intensive uses that are located there. Um again the focus is on office
but it does allow for a variety of residential uses as well. Ino is intended to be more of a
neighborhood office and more compatible with um residential uses. Um there are limitations
more limitations than what can be done in in O uh neighborhood office. One of the first ones is in
residential. Um, in GEO, it allows single family, duplex, multifamily, accessory apartments,
assisted living, group homes. So, you get the idea that there's quite a few residential
uses that are allowed. In the N O district, it only allows single family, duplex, group home, and
short-term rental by right. Now, as you heard, um, they can apply for a conditional use if they're in
the Inno district for multi multifamily. uh there is a limit though on the density for that and
that's like 14 and a half units per acre somewhere around that ballpark. So that's one of the more
significant differences when it comes to this case and part of the discussion that's taking place
here. Uh there's also uh other limitations when it comes to public and civic and also commercial
uses. Um for instance, commercial uses, GEO would allow uh broadcast recording studio, funeral
home, uh hotel, motel, uh but that is subject to some additional conditions. Um and whereas N would
not allow for those uses that I just listed off, but it does allow for other commercial uses,
medical services, office, um ATMs. So, you just get the sense that GEO allows a lot more than
you know. Okay. And I think I think you said this parcel is seven acres. I think it's actually five
acres. And the parcel to the west that's empty is seven acres. Huh. Okay. Our staff report does say
uh seven and a half, but uh yes, sir. I'll defer to you on on this one. Uh in terms of the the
size there, thank you for the correction. Okay, further questions for staff. I have one. So, what
exactly is um the applicant trying to do? What type of apartment complex is being proposed? How
high um how far apart from or how close will it be to the residential home, single family homes
that are right there? Sure. Um, for this one, sometimes, as you saw with the last case, we
get site plans that show what their intended development would be. With this one, we don't have
that. Uh, what we do have is just an indication, uh, that they would, uh, potentially would like
to look at future medical office and multifamily residential development. Uh, we don't have
a layout. We don't have a concept more, uh, descriptive than that. And they're not
required to do that with zoning cases. They certainly can if they want to, but, not required
to. So, uh, unfortunately I don't have any, uh, graphics that I can show you that would
show what the layout would be in terms of how close they are to residential though on
this aerial. It's not zoomed in very close, but you can see that there is a street that
would separate it from residences immediately to the east. However, on the south, the property
line, uh, it would be shared between the single family homes and this proposed site. Scott,
anytime that um housing questions come up with um zoning changes. I always ask this question
because it does guide me in my decision making. Um has this applicant engaged the residents and
has the applicant addressed some of the concerns by the residents that are already established
in that area? Yeah. Um as to my knowledge, I'm not aware of any uh outside meetings that
they had. Um, and I'm going to flip over to the MAPC meeting minutes just to confirm.
They have their agent, uh, Mr. Miller spoke, and I want to see if he's referenced any kind
of meetings with them. I don't believe so. No, I don't see any uh, indication that they've
met with residents outside of just hearing the concerns at the public meetings. Thank you,
Scott. Council member Ballard. Thank you, Mayor [clears throat] Scott. If the applicant
is here, is can we ask for any clarification on what his potential plans are? I will
defer to legal on that one. Council member, you may ask for clarification from
the applicant. Okay. Would you mind? Jennifer, is it fair to ask him what his plans
are as far as the residential goes? Yes. Okay. Thank you. Hi, thank you for being here.
Good morning. Just kind of curious, the mayor um asked some questions and I just kind of like to
follow up um what your potential plans are as far as the residential. Yeah, the initial intent was
to develop the southern twothirds of the property with multifamily apartments and then the north
third with a potential professional or medical office in the future. Um, this site does require
on-site detention and as of right now, those two ponds would be on the south and on the north
side. So, there' be an additional buffer on the south side of the property between the property
lines and the houses. Thank you so much. Any further questions for staff or
the applicant? I see none. This resides in council member JB Johnston's district. Thank you, mayor. [clears throat] Excuse
me. We had a robust u discussion at DAB. Very good discussion, long discussion. Uh
I did meet with the applicant before uh beforehand and I did suggest to him to talk
to residents. I'd say that is a very limited effort talking to residents. Talked to a few
uh residents did not indicate that he made good attempts to talk to them. So I am going to uh motion that we approve the zone change to
N O which is neighborhood office that's per DAB. Uh override I move to override the planning
commission adopt alternative findings and approve reszoning the property to N O neighborhood
office. In support of this motion I offer the following findings. Approval of the go
zoning would allow more intensive uses and would be detrimental to the residential
uses in the area. Approve NO allows for development of the site with less potential for
adverse impacts of nearby residential uses. And I might add it was the residents that suggested
N O because they would be in favor of duplexes. So, I thought that was a a good
uh compromise on their part. So, Council Member Glasco, thank you, Mayor. Um I
will not be supportive of N O today. I think general office uh fits this district and I was
looking at the golden rules. I can't see a reason um to vote in the opposite and so I will not
be supportive of that today. My brother lives right at that intersection at 37th and uh Ridge
and so near there and I think it's in line with the rest of the community in that part of the uh
city. Council member Tuttle. Thank you. I have a question for legal Jennifer. I this doesn't happen
very often when you know we um we usually approve or deny we don't change. And so, um, you know,
thank you to Council Member Johnston and Johnston, I know you've been working on this for a long
time. Have had I know I've received many, many emails from this. What happens if we make
the change today? Does it just happen and then the applicant has a new zoning status? I mean,
I've never I haven't had this one happen. So, could you just maybe walk me through a little bit
because what if now this new status doesn't fall in line with what the applicant had planned?
I I'm just curious. Yeah, and I will defer to planning if you want to add anything, but I think
this will be the vote of council. It's the final decision of the governing body. There's always
the right for an applicant to make an appeal to district court. There's limited basis for
appeal. Um, Scott, do you have anything to add? I mean, I think it's your final decision
and it's up to the applicant to do with it what he deems appropriate. And let me
may I clarify? Was there a second to that motion? I just missed it. You did. Not yet.
Council member Johnston. We'll need a second before we have further discussion. Is there a
second for council member Johnston's motion? I'll second for discussion. Council member Tuttle
seconds it. Further discussion. Council member Johnston. Thank you, Mayor. I will mention
that the seven acres to the west which abuts uh St. Cathine's and Ascension um their their
retirement home is already zoned go. They can already put apartments on there. Um that's not a
bad thing. I think that's a good thing. Um, but I just think that the that five acres in surrounded
by two sides uh would be a good buffer zone for for uh for uh duplexes, honestly. So, have
housing, just not have intensive use of housing. A lot of discussion on 37th Street. 37th Street is
a is a two-lane road that is very, very busy. Um, it needs to be improved. It's not in the CIP for
the next 10 years. I will ask the city manager to put it in the CIP if we can work it into there.
Um I did take city manager by there when school and it just happened to be going letting out and
the amount of traffic is enormous from that school um at that time and it's all on 37th Street. So
a lot of kids in that area in the morning and the afternoons. So again, I think apartments are
fine on that seven seven acres which is already permitted. I just think that five acres it's
a it's a good buffer for that neighborhood and it just [cough] it just makes sense looking at
the map too. Council member Hohisel. Thank you, Mayor. Uh Jennifer, just a point of clarification.
Yes, council. His original the original staff suggestion is what needs um a super majority 67.
Um that would Yes. But this is also an approval a change. So this because there's a protest position
peti petition over 20%. This will also require six of seven votes. So council member Johnston's
motion will require six votes as well. You are correct. It's because we had a 20% protest. That's
what triggers the super majority under state law. Council member Tuttle. Thank you. And and
Jennifer, I'm sorry we're we're making you work today. So, if it doesn't get the super majority of
six out of seven, then can you please just remind us what happens? Have no action taken today. And
um to clean up the record and based on state law, I think I'll defer to Scott. I think we'd
ask for a motion then to um to deny to clean up the record. So, there's a clear denial um
if that fails. Okay. Thank you so much. Just want to make sure we're following procedure.
Thank you, Council Member John Stunn. Yeah, the DAB vote was five to three. Um, three of the
people who voted no. Two of them wanted to deny it completely, keep it single family. One of them
wanted to have it be go. So, just to clarify that, that's that was the 53 vote and five people
voted for the NO. I have a question for you, Council Member Johnston. uh MAPC approved
it 8 to1 for go. Would it be appropriate to return it back to MAPC with new information
regarding what they plan and given that there's still a lot of discussion to be made? I'm just
asking this does reside in your district. Yeah, in this case I don't think so. I think we
had a robust discussion at at the district advisory board. I think the neighbor were very
reasonable. Um they didn't want just no for no, you know, for no reason. Um they just wanted to
buffer between their neighborhood and the and the apartments will which will probably go on
that seven acres. Uh Scott, do you know if the seven acres next to this 5 acre site, have they
indicated that they will be doing multif family? Excellent question. Um I'm not aware of a case of
a zoning case at that location and as I look at it um the map shows that that is already zoned go.
So they would not have to come to the planning department to proceed with their project.
Um that would be something we could inquire with MABC to see if there's any permits that
have been pulled. But at this at this point uh I'm not able to provide an answer on whether
or not what their intentions are. Council member Johnston. Mayor, I think that'd be good
questions for Mr. King since he's a developer. Yeah. Um, just to clarify, the parcel in
discussion today is 7 and a half acres. The parcel to the west is about uh 10 and
a half acres. And the parcel to the west, which is owned by a Ascension affiliate,
is currently zoned for GO. And it does have at the moment a cup overlay which has some
unit per acre restrictions on it currently. Council member Glascock. Thank you. I was
just going to make a substitute motion for discussion. I would move or with a substitute
motion that we would adopt the findings of MAPPC, approve the requested zone change to GEO general
office district, authorizing necessary signatures, and instruct the city clerk to
publish the ordinance after approval. Second motion and a second. So, further
discussion on the substitute motion now. Council member Tuttle. Just want to
make sure with legal this would have to have six of seven to pass.
Correct. That's correct. This requires six votes to pass. Okay.
Just want to make sure. Thank you. Further discussion from the bench. I have a
couple questions. So, I think from this bench, we're all interested in housing. However, what
is most appropriate for specific neighborhoods and I always defer to the council member who
is the expert for his or her district. Um, I always go and um defer to that individual. Um,
so my questions really are going to probably be for Council Member Johnston. Um, again,
one of my guiding principles is has the applicant contacted the residents in the area
and had engagement because I think that um, one of the things that I appreciate from uh, the
Witchaw Independent Neighborhood Association, the wind group, is that they always want to just feel
engaged uh, feel heard and then an applicant uh, share those plans with residents who are already
established in the area. Do you know of I know that they spoke with some residents, but what
what has that been like the conversations? Well, I know he spoke to at least a couple. Um
I I'd probably defer that to to Mr. King. I did go and walk the neighborhoods and
knock on the doors to of the residents immediately to the east and to the south
of the property. Uh, granted, not everybody was home. I did not have the opportunity to
meet with everyone. Um, I think overall the comments and feedback that were received were
um a lot of concern about the traffic on 37th Street and about the traffic surrounding
the children that attend the school and um, you know, general plans and and potential
light pollution and similar things from the apartments. granted which all of that would be
addressed in planning per current code. The light pollution uh is one of the concerns that I think
I heard from some emails that I received. I'd like to know how high up um how expansive
your multifamily is being proposed. Well, right now there's no set plans, but uh initial
concepts would be a three-story apartment complex. Um the I don't have any specific details on
the requirements of the um light poles, but I do know there is a city code for that. And on
the east side of the seven acres as of right now, there is a long line of uh very tall mature
trees, which if apartments were to proceed there would more than likely uh remain, which
would provide a nice landscape buffer. back to the buffering of um this no said plans plan.
Um can you talk about back to the two retaining uh Yeah. So um since this parcel has kind of been
um developed around there has never been a need or to have any drainage for this property since it's
going to be a new usage. Uh storm water runoff has to be addressed. on the south side of the property
there was per my engineers will need to be a detention retention pond and on the north side
another pond as well. So on the south side of the property is the natural location for one of those
ponds which would provide an additional buffer uh between the apartments and the housing
in addition to the required fence by code. Another concern that I heard was um what type of
multifamily housing you were expecting. Um we have around the city of Witchaw multiple different
types of multif family. What is your target market? Can you explain a little bit more? Yeah,
target market as of right now would be class A apartments similar to what's been developed uh to
the north and west off of Ridge. You say class A apartments like the ones that are on the northwest
corner of 37th and Ridge Road. Yes. of Innovation. I want to know a little bit more. Um, so
I don't know the applicant. I don't know you. Can you explain, I guess, um, the type of
developer you will be or your uh, client will be in terms of developing this area, seeing that
you want to do class A apartments. These are, uh, tell me about approximately how much a unit
you're trying to rent these. give me an idea of the type of developer you are. Yeah, so the market
rents in this area for new class A apartments are a$150 to a$160 a foot, which are in line with uh
what Ovation and Avante are currently renting for. Um so to demand those rents, you have to provide a
really class A type product with all the amenities um that go along with those rents. Um couple more
questions. I want to know again my biggest concern is that residents in the area feel heard and
feel like their concerns are being addressed. Um can you share what your plan will be in terms of
engaging the community that's already established in the area? Uh I'm happy to uh go back and
meet with the uh HOA and the other residents to address the concerns. Once again, a lot of the
feedback that was received was about traffic, um, which as many of you have already
discussed, the traffic on 37th coming from the west goes from a four-lane to
a two-lane. So, it chokes down a lot of traffic and then people go east on 37th and
up to Hoover to get on 96. So, a lot of it was traffic and concerns for traffic and what
additional development would do to 37th Street. And because you're again proposing multif family,
three stories as the highest, how many units are you expecting um on this parcel? You could
potentially get 150 units, give or take. Council member Shepard. Thank you, Mayor.
I uh Scott, this might be a question for you. I I just really want to clarify um
the golden rules of zoning and or maybe it's for Jennifer applies in this case
too, right? We need to be very mindful as to why we are approving or denying
a request and ensuring that we are not violating the golden rules of zoning. Is that
correct? That's that's correct. They apply. Council member Johnston. Thank you, Mayor. Mayor, I appreciate your question on on the this subject
site. How many units? 150. I would ask Mr. King, how many how many units do you plan
for the total site between both lots? Well, once again, everything's conceptual at
this moment and um we're here discussing the 7 half acre piece. So, everything is subject
to change. I have not submitted any plans. Uh things are still fluid depending on the outcome
of this vote. Okay. I I think before you said 300 to 350 units. Yeah. Okay. Yeah. Between between
the two sites. Between two sites. Yeah. Mayor, before we ask any other questions, I I'm
sorry, but it's a good discussion to have, but the the council policy is that the the record
at the planning commission will be where we make this decision from, and this is becoming more
uh finding, factf finding than than clarifying at this time. And I just want to just remind
council that we're really limited to the the planning commission being the the place where this
is discussed in depth. Thank you. I see no further questions on the board. Uh we have a substitute
motion by council me by Vice Mayor Glascock, seconded by council member Ballard. Um I see
no further comments, so we will open the role. The naysay have it four to three. So we're
back to the original motion by council member Johnston and seconded by council
member Tuttle. Any further discussion? Council member Tuttle. Thank you. Um, we must
be tracking. If uh, Council Member Johnston, if you could remind us of the motion. Um,
that would be really appreciated. And, um, I was going to say something else, but I lost my
train of thought, so I may come back on the board. Okay. Thank you. Um, I move move to override the
planning commission, adopt alternative findings, and approve reszoning of the property to
N O neighborhood office in support. Well, I already read that. So, there's the motion
right there. Council member Glascock. Thank you, Mayor [clears throat] Jennifer. Sorry. If this
were to fail, Yes. then what is the status? Well, at that time there's no action taken. You can
still um it's still um pending. I mean, it can be deferred. It can be um but I would recommend
that there actually be a mo a motion made to to finalize this today. If it's a denial, I would I
would move that it be denied or I would recommend that there be a motion made for denial. So, quick
question for Scott. If this were to be denied, if um Councilman Johnston's motion were to be denied,
what is the Can you reiterate what is the existing zoning right now? And what would be the steps
for the applicant to continue past today? Yes, sir. Uh well, the zoning is currently SF5, so
single family zoning. Um if uh this request is denied today then the applicant would have to wait
uh 12 months before they could bring a similar application uh apply with a similar application.
They could uh bring a similar application or a diff sorry a different application within
six months. Sorry I should clarify after six months they can submit a different application but
they have to wait 12 months if they want to do a similar application. And who determines whether or
not it's similar would be the staff is the first round of checking that out. And if we think it's
close, then we take it to the MAPC for a decision about whether or not it's too similar or whether
it's different. Okay. Thank you for that. Given that that probably would change my vote. I believe
that geo is appropriate in this area, but given that that fails, at least the neighborhood office
allows for more usage than a single family usage. And so I would likely side in favor of unless my
colleagues have a different perspective of why I should vote in the opposite. Council member
Hoheisel. Thank you, Mayor. Um, so if this motion fails as well, we could still return it to
MAPC for further review. Yes, Scott agrees and he does. Yes, you may return it for further review.
Okay, thank you. That changes my uh conversation right there. So, I would probably still vote
in denial that MAPC could maybe come back with something that's a further compromise that would
allow for it to pencil out and allow development to happen in some capacity. Council member
Tuttle, I'm trying to remind myself, Jennifer, and and Scott, you've taught me well. our our
focus today is is this an appropriate use of the land? Right. That's exactly what I'm trying to
keep my my focus on. So my question, if it's okay, is to Council Member John Sten. Um sounds like
there's some discussion. Sounds like maybe I know you were asked this a few moments ago. Is there a
willingness for it to go back to MAPC? Um or would that be something that you you would entertain?
I'm just curious so that we can keep our focus on is this the most is this an appropriate use
of the land. Yeah, I would not support that. I think the neighborhood's already been dragged
through an MAPC hearing, a DAB hearing. Um I I would not I don't know what new findings there
could possibly be that that would change what the use of the intended use of four apartments is.
Okay. Thank you. Fair. Just wanted to ask. Yeah. Council member Hohheisel. Thank you, Mayor. And
just for clarification, Council Member Johnston, um, was your play discussed at MAPC and at DAB
as well? Can you repeat that? Your your motion. Was that discussed? I It sounds like it was
discussed at DAB. It definitely discussed at DAB, actually suggested by several of the neighbors
to to do that as a compromise. Okay. They were willing to compromise. And was I heard at MAPC as
well? That I don't know. Okay. I was not there. I would just uh like to offer to the question
about whether or not in O neighborhood office was discussed at the MAPC. I'm doing a
quick review of the minutes and I don't believe that it was because Oh, actually
I take that back. It looks like a Mr. McDonald uh raised that if you look at the
minutes, they're on page seven of the MAPC minutes and that idea is brought up that of
approving NO neighborhood office instead of go. Any further discussion regarding the current motion? I see none. Madame
clerk, please open the role. Motion passes 61. Madame clerk, please call the next item. Council member appointments and comments.
Council member Glascott. Thank you, mayor. I just wanted to correct something
for the record from a previous uh speaker in public comment. Um I got a message from um Ted
Bush, the president of the fire union um that the ad in question or the allegation that it was
filmed in a fire station. That is inaccurate. It was filmed in a studio in Oldtown and President
Bush was present for that. Um he also wanted to articulate that the member was off duty. he was
representing the union and that can be noticed in a union t-shirt in the video. Um, and that the
president of the fire union is available for any further questions from members of the public. So,
I just wanted to correct that for the record given that there's al also false information mentioned
previously. Council member Shepard. Thank you, Mayor. I just want to take the time to say happy
Black History Month. Black history is American history and I think we can look right here
in Witchaw to see that history. So every week uh I'll try to give a little fact and encourage
our community to really take in what history we have here locally. So black history in Witchaw
start at the very beginning of our inception. Richard Robinson was one of the earliest black
settlers and what would become Witchah, Kansas. Uh present before the city was even incorporated.
His legacy lives on today through the Richard Robinson Community Building Association.
It's a CBA that works to promote economic stability by advocating for livable wages,
business contracts, serving everyone in need, and preserving black history, strengthen our
neighborhoods, and invest in community leadership. want to give a huge shout out and a note of
gratitude to District 1 small business owner and founder of the Richard Robinson CBA, Bryce
Graham, and encourage everyone to learn more or get involved by following the Richard Robinson
CBA and support their work right here in Witchaw by visiting rrcba.com. Thank you and happy Black
History Month. Council member Ballard. Thank you, Mayor. I just wanted to say thank you to all
of the volunteers that helped with the point in time count uh last week and also um this
Saturday is my district 6 breakfast at 9:00 at Evergreen and then at 11:00 at Evergreen
following my breakfast there's going to be a town hall on water. So would encourage you all
to share on your socials um and hope to see you there. Council member Tuttle. Thank you. I just
want to make my colleagues in the community aware about a program that's really important to me and
can help some of our most vulnerable residents. Um we all know the Salvation Army has the Red Kettle
around the Christmas time. Um another program that they have is called Share the Season and this
year I was fortunate to serve as the chair for that program and we met our fundraising goal just
this last week. So I'm super excited about that. Share the season has been going on since 2000 and
we have helped through this program the Salvation Army and Share the Season has raised 4.5 million
and helped over 4,200 families. What's unique about this program is that there are three main
criteria. One adult member of the household must be employed or employed within the last three
months. Retired adults must be receiving Social Security retirement income. And it's also for
disabled veterans who are receiving veterans benefits. And so they also anyone who applies for
this program also has free financial counseling and wellness information available from the
Salvation Army. So what this program does is it's for residents who maybe have an unexpected medical
expense. Maybe they lose their job. Sometimes it's they have an unexpected funeral or they have to
travel to take care of another family member. They can go to sharetheseason.net sharetheseason.net
net and apply for funding. This truly is a program that helps the working poor. And I just thought I
would take a point of privilege and just share two testimonials that we've already re received with
folks applying for funding that I think is really important. Um, one applicant said, "My husband
was laid off in ex in October. He's working now, but we are so far behind in rent and bills that we
are getting our utilities disconnected and we pace face possible eviction. Another applicant said, "I
need assistance with paying my rent. I lost my job a few months ago and I'm starting a new job, but
my rent was due on January 1st and I wasn't able to pay the lo so the late fees are racking up. My
monthly rent is only $395, but with the late fees, I currently owe $575. Please help me. I'm a
single mom with three kids. So, this program really is intended to help people who could become
homeless because of an unexpected expense or an unexpected life uncertainty. So, if you can
again help share the word, share these.net, people can go and apply. And thank you to everyone
who graciously supported this program this year. I see no further comments from council members.
Um I just want to say thank you again for those who attended last week's community prayer uh
in remembrance of the individuals who lost their lives during the plane crash um from
Witchah to Washington DC. So again thank you um and 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 70. We're adjourned. That's your turn.