Wichita City Council Meeting May 21, 2024

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e e e e e e e [Music] [Applause] [Music] [Applause] [Music] [Applause]  [Music] [Applause] [Music] [Applause] [Music] [Music]   welcome everybody and good morning we'll  call the meeting to order at this time   and with us today is is Pastor Philip  Moore with Eden Fellowship Ministries   following that invocation we'll have the Pledge of  Allegiance and we ask if you can please stand for both first I'd like to thank uh the mayor and  the city council for this opportunity for this   opportunity uh let's pray Heavenly Father we come  before you today with grateful hearts for the   opportunity to serve the community of witchar  As We Gather for this council meeting we seek   your guidance wisdom and strength grant us the  clarity to see the issues before us clearly the   wisdom to make decisions that reflect Justice  and compassion and the courage to act in the   best interest of all of our residents help us  to listen with open minds and hearts respecting   the diverse perspectives and experiences that  shape our City May our discussions be filled   with mutual respect and shared commitment  to the common good guide our word our words   and actions so that they may bring honor to  you and benefit to those we serve we ask for   your blessing upon this meeting and upon  all who call Paul wiah home May our work   today contribute to a community that is more  just more loving and more united in your holy   name we pray amen amen I pledge Ali to the  flag of the United States of America and to   the Republic for it stands one nation under  God indivisible with liy and justice for all thank you very much Pastor Madam clerk please call the first  item approve the minutes of the regular   meeting of May 14th 2024 do we have  approval of minutes or any changes or   corrections to those minutes with a  motion to approve second motion and   second any further discussion I see  none Madame clerk please open the r motion passes 60 Madame clerk please call  the next item Awards and proclamations today   our proclamations are National water  safety month National Public Works   week Huntington's disease awareness month  and then we have a recognition for Music   Theater of witchta may we please ask  Parks and Recreation to please come forward good morning thank you for joining us this morning  this is the city of witch's Park and Recreation   Department this Proclamation reads the city  of witcha founded in 1870 whereas the city   of Witchita is committed to improving the Safety  and Security of all those living and visiting our   community swimming and Aquatic related activities  play a vital role in good physical and mental   health and enhance the quality of life for all  people whereas education regarding the topic   of water safety is essential to the prevention of  drownings and recreational water related injuries   the city is dedicated to creating safe swimming  facilities aquatic programs and related activities   which provide healthy places to recreate  learn grow and build self-esteem confidence   and sense of self-worth all of which contribute  to the quality of life in our community whereas   many lives are saved by the ongoing efforts and  commitment to public awareness of water safety   issues and initiatives by the recreational water  industry and whereas it is of vital importance to   to communicate water safety rules and programs  to families and individuals of all ages whether   owners of private pools users of public swimming  facilities or visiting water parks now therefore   be it resolved that I Lily woo mayor of the city  of Witchita Kansas along with the Witchita city   council do hereby Proclaim May 2024 as National  water safety month in the city of wiah and   encourage all citizens to adhere to to safety  practices while enjoying any water recreation [Applause] activities good morning and thank you city council  and mayor woo for allowing me to speak with you   today on such an important topic of water safety  I'm Joe Martin I'm the Aquatic supervisor for the   city of witto national water safety month is  an annual awareness campaign coordinated by   the Association of pool and spa professionals  with support from the national Recreation and   park Association nrpa and the American Red  Cross and the world water park Association   this Proclamation recognizes that there is a  vital role in swimming and Aquatic facilities   and Aquatic rated activities that play a part in  maintaining good physical and mental health as   well as enhancing quality of life water safety  education plays a crucial role in preventing   drowning and recreational water related injuries  it is important for us to communicate water   safety rules and programs to both families and  individuals of all ages drowning is a leading   cause of accidental death for children under the  age of 14 especially in home settings such as   Backyard Pools bathtubs ponds and 5 gallon buckets  it is imperative that we continue to emphasize the   important of constant supervision of our youth  in or near water education access to swimming   lessons is vital to prevent more unintentional  death I want to take the time to mention the   American Red Cross and the Centennial campaign for  partnering with witw Park and Recreation to bring   scholarships to ensure access to families in the  witw community which provides those opportunities   for that water safety education wit to swimming  pools are currently slated to open on Memorial Day   May 27th from 1: to 5:00 p.m. we want to encourage  families and individuals to take advantage of our   facilities and the amenities that they offer  but also ensure that we are giving attention to   those around us that we are bringing to the pool  with us our children are our most precious thing   that we have and our attention should be on them  while they are having fun and enjoying the walk   let us put down the phones and enjoy our  time being spent with them I want to thank   everyone for their time and effort in  putting this Proclamation together in   the dedication to allow me to come and  speak about this very important topic most   of all I hope everyone has a safe and fun  summer in and around the water [Applause] thank you again for that reminder of  water safety especially during the   summer time um both around our public  pools and in private pools may please   ask the city of witas Public Works and  utilities department to come forward good morning thank thank good morning com I like this big grp I love this I love this nice big crowd um these  are our teammates and we we really appreciate   you all these are our Public Works departments  um teammates and again it's my honor to share   this Proclamation which reads whereas Public  Works professionals focus on infrastructure   facilities and services that are vital importance  to sustainable and resilient communities and to   the public health high quality of life and  well-being of the people of wit talk Kansas   whereas these infrastructure facilities and  services could not be provided without the   dedicated efforts of Public Works professionals  who are Engineers managers and employees from   state and local governments in the private sector  who are responsible for rebuilding improving and   protecting our nation's Transportation water  supply water treatment in Solid Waste Systems   public buildings and other structures and  Facilities essential for our citizens and   whereas it is in the public interest of citizens  Civic leaders and children of wit Kansas to gain   knowledge of and to maintain a progressive  interest in the importance of Public Works   and Public Works programs whereas year 2024 marks  the 64th annual national public Public Works week   sponsored by the American public works Association  now therefore be it resolved that I lwo mayor   of the city of Witchita Kansas along with the  Witchita city council do hereby Proclaim this   week May 19th through the 25th as National Public  Works week in the city of Witchita and encourage   all citizens to pay tribute to our Public Works  professionals Engineers managers and employees   and to recognize the substantial contribution they  make to protect our health safety and quality of life uh thank you mayor I appreciate the  opportunity to say a few words today on   behalf of our great Staff last year at the same  time we had probably a handful of people up   here with me this year I said why don't we get a  couple representative from each of our divisions   and I kind of failed to do the math but I'm glad  to have so many people here with me today so my   name is Gary Jans I'm the director of Public Works  and utilities the theme for this year's National   Public Works week is advancing quality of life for  all I think that is so appropriate considering the   enormous scope of responsibility the public works  and utilities department is entrusted with and its   role in maintaining and improving the quality  of daily life for all witchin I'd like to First   provide a few historic tidbits which relate to  the two largest infrastructure projects in our   City's history that are currently underway which  to Water Works our new water treatment plant and   the biological nut nutrient removal work that's  underway at our main sewer treatment plant in   the 1880s wit to sewer drainage was by way of an  open channel uh We've obviously come a long way   since then and and closing that open channel was  not universally supported as some citizens were   concerned that the waste would just be hidden  and create dangerous gases that is a far cry   from where we are today with the BNR project  which has a major Odor Control component as for   our water sources 2024 marks 100 years since  the American Waterworks and electric company   started investigating how to supply witw with  better quality soft water this resulted in the   choice to utilize The Equis Beds which remain an  integral part of our water supply today within the   next year we will commission a state-of-the-art  worldclass Water Production facility which will   continue to use the Eis beds aquifer as a primary  source of raw water much of the work completed by   our talented staff is very visible to the public  with with the large projects like witto Waterworks   the recently completed Amin bridge and maintenance  of infrastructure assets from water sewer storm   sewer approximately maintaining approximately  500 public facilities and the city's streets   however there are many behind the scen services  that the average citizen may be unaware of our   Fleet division maintains the emergency service  vehicles for our place in fire departments and our   environmental health division includes child care  licensing the construction and demolition land   landfill and various environmental remediation  activities Public Works and utilities also   emphasizes public education whether it be sewer  treatment staff giving tours to biology classes   Environmental Quality and sustainability staff  who educate on air quality and sustainability   initiatives or the many divisions who have  a role in educating the public on various   regulations and compliance I've only scraped the  surface of the impactful work our dedicated staff   undertakes every day to keep our city running  and to protect Public Safety Health and Welfare   I would like to take this opportunity to thank  each and every one of our nearly 700 employees   for the role they play in making witto a great  place to live work and play including the group   with me today again representing our 15  divisions one last Quick comment that was   not originally part of of my talking points  today uh but I be remiss if I didn't mention   it I wanted to give a special shout out to  our Water Production staff many of whom have   been working around the clock since the storm  Sunday night took out power and communication   to theis Aquis beds well field they will they  were able to bring select Wells back online   with generators and maintain water supply  capacity the the power supply for uh most   of the facilities in our wellfield including the  substation poles and lines are ours to own and   maintain so this was not as easy as waiting on  evergy to take care of it this is just one more   example of the wonderful things that our staff  does on a regular basis uh I want to thank all of   them again uh for everything that they do and and  thank you for the opportunity to speak [Applause] today'll just do a can thank thank you [Applause] Gary failed to mention 5300 Lane miles  of streets are maintained by our public   works department um and that is something  to really recognize and I thank you again   uh for keeping our streets uh maintained  and repaired including potholes thank you may I please ask the hereditary neurod  disease Center representatives to please come forward good morning the proclamation reads  whereas Huntington's disease is an inherited   degenerative brain disorder that affects 41,000  Americans and currently has no effect effective   treatment of cure whereas since the discovery  of the gene that causes Huntington's disease   in 1993 the research Pace has accelerated  and we celebrate the 31st anniversary of   HD genetic testing and whereas Huntington  study group hsg and other national health   organizations are dedicated to funding a cure  for the disease whereas Kansas researchers at   the hereditary neurolog iCal Disease Center and  other state institutions are conducting important   research and provide evaluation education and  multidisciplinary services now therefore be it   resolved that I Lily woo mayor of the city  of Witchita Kansas along with the Witchita   city council to hereby Proclaim May 2024 as  Huntington's disease Awareness Month in the   city of Witchita and encourage all citizens  to participate in events to increase their   awareness about Huntington's [Applause]  disease my name is birdie Robertson I'm   a social worker at the hereditary neurological  disease Center on behalf of hndc thank you the   city of witto for acknowledging the month of  May as Huntington's disease awareness month   hndc is a Grassroots nonprofit that started here  in witw almost 30 years ago we meeting a need of   Grassroots families here in witto that needed  services and education information advocacy   H um hereditary Huntington's disease is a genetic  neur neurodegenerative disease symptoms include   involuntary movements psychiatric U symptoms and  cognitive decline it's frequently um described as   a combination of Parkinson's ALS and Ms there's no  cure but our goal is not only to help the families   as they walk the Journey of Huntington's disease  but also is to um to H raise awareness so that we   have a rare disease that we bring awareness  to our 11th annual walk of Hope is going to   be here in Oklahoma Arkansas um Texas and other  surrounding states so thank you city of wit for   helping us spread um reach our goal of spreading  um rareness to awareness thank you [Applause] at this time I would like to welcome Brian  Markham with the Music Theater of Witchita   and his guests from outside of witch  to introduce themselves and share some news hi I'm Brian J Markham the artistic director  of Music Theater WIA uh thank you mayor Lily woo   for having us and council members it's so nice  to be here um we are uh embarking on our 53rd   season starting tomorrow we open our first show  of the Season Gypsy uh we will be doing five big   shows like we always do uh this is the first time  since the pandemic that we're uh glad to say that   all five shows will be back in Century 2 um which  is very exciting for us no more Outdoor Theater   this year um we have uh notoriously uh brought  all of our uh leads from new York uh and they're   always usually Broadway professionals but we're  really proud of our resident Ensemble and that's   these people that you see behind us our resident  Ensemble is comprised of musical theater students   from around the country who go to various schools  and are have their eyes on the prize of making it   to Broadway one day and uh you can't go to a  show in New York there's very uh rarely a tour   that comes through where you don't see someone  who's been through here who uh has now made their   way to Broadway so these are some uh more people  that we adding to our alumni that will be adding   to our alumni base that will finally that will  make it there one day and you're going to get   to see them uh at a much lower price point than  you will when they get to New York um but they   are from schools all over like I say and this  is just a small handful of them they're over   the summer there'll be about 22 of them that show  up um they uh bring their families here so uh and   those families go back and talk about wit we  bring lots of uh people from uh New York like   I said and those people go back to New York and  talk about witcha so we spread read the good word   of witcha Kansas as far and wide and I'm going  to let them come up and introduce themselves and   say what school they're from and then we'll do  a little we have one little performance for you   that you're going to be blown away by all right  um you want to start Lacy hi my name is Lacy Jack   I'm a rising senior at Roosevelt University in  Chicago hi I'm Hannah reman I'm also a rising   senior at Roosevelt University in Chicago  I'm Stephanie Runing shear and I'm a rising   senior at the University of Michigan I'm Kevin  Bowman and I'm a rising Junior at Texas State University I'm Caleb spora and I'm a  rising Jr at Texas State University   good morning everyone my name is Mira Sanchez  and I'm a rising sophomore at the University   of Oklahoma hi my name is Evan tilka I'm  also a rising senior at the University of   Michigan hello everyone I'm Keegan labry  and I'm a rising senior at Oklahoma City University yeah and so we have other schools  too from from uh Elon in North Carolina and   uh all over the place and so we're so proud of  them um and they can sing and dance and uh when   we audition for these we see over for the all  the roles that we have coming uh to this summer   we saw over 930 people who want to come and be  a part of our season and we and these are some   of the best of the best that you're going to see  so I'm going to ask Stephanie to come up um our   and see if she can we got some technology to  figure out um find the JBL something you'll   figure it out um the kids they're good  they they the stuff quick um but we're   doing our shows are gypsy 9 to5 which is the  dolly part musical Disney's Frozen which is   exciting for us because there are only  two theaters in the country after it's   uh been performed on Broadway and around the  country on a tour that are doing it and we're   the second one uh and then uh we do Matilda  and uh beautiful the music of Carol King and   uh it's a really great season and we are calling  it hash season uh year of the woman because   they're all strong female leads and we will be  celebrating other strong female uh people of   Witchita uh pre uh pre-show every night and uh  we ask that you once you uh get out of swimming   safely in the city pools that you then buy a  ticket and come see us in the evening uh at   Century 2 and Stephanie is going to sing from our  big show this season uh the one that we're super   excited about Frozen she's going to sing a song  that you might know you might you got it I got [Music] it the snow glows white on the mountain  tonight not a footprint to be seen   A kingdom of isolation and it looks  like I'm the Queen the wind is   howling like this swirling storm inside  Couldn't keep it in heaven knows I've tried don't let them in don't let them see be   the good girl you always have to be  concealed don't feel don't let them know well now they know Let it go Let it  go can't hold it back anymore let it go   let it go turn away and slam the door  I don't care what they're going to say   let the storm rage on the cold never bothered me anyway it's funny how some distance makes  everything seem small and the fears that   once controlled me can't get to me at all  it's time to see what I can do to test the   limits and breakthrough no right  no wrong no rules for me I'm free let it go let it go I'm one with  the wind and sky let it go let it go   you'll never see me cry here I stand  and here I'll Stand let the storm rage [Music] on my power flurries through the  air into the ground my soul is spiraling   in frozen fractals all around  and one thought crystallizes like   again I see blessed I'm never  going back the past is in the P let it go let it go and I'll rise like  the break of dawn let it go let it go the   perfect girl is gone here I stand in the  light light of [Music] day let the storm rage the cold never bothered me [Music] anyway thank you I don't even think it's 10 o'clock yet um that was  great Stephanie so thank you thanks for having us   mayor we're so excited to be part of the fabric  of Witchita and uh we hope that you all come see   us we open tomorrow night with Gypsy come come  on down all right thank you thanks thank you   thank you Brian and the Music Theater of Witchita  Ensemble council member Johnston thank you very   much uh what a wonderful wonderful group wonderful  voices uh my wife and I absolutely love theater we   have season tickets usually on Saturday night but  this time we'll be on Friday night and uh I would   propose that we just cancel the meeting and let  let them sing second we do have back to rehears   okay okay we'll have her meeting then thank you  thank you council member Glascock yeah I just want   to say I've been here 125 days and I've never seen  that many people smile um when there is somebody   speaking before the bench so thank you for that  and I encourage everybody to get season tickets as   wellc member Johnson thanks mayor I'd like to move  that we start every meeting uh with that song No second thank you all really appreciate it um  and now we have our next agenda item count   actually uh it should be the public agenda  5 minutes maximum and we have one speaker that's Jason wood support the state of [Music] Israel good morning mayor woo and city council  my name is Jason wood I live on South at Pony   and Ma I'm in Council Mo glasscock's District  congratulations mayor will on your Victory I know   it's late but congratulations I'm glad to have  a more conservative city council and definitely   glad to have do you know who I'm Whipple gone  I've been involved and engaged on social media   with council member Johnson for seven plus years  we are on opposite ends of most issues however   he has always been respectful polite professional  and kind he always answers my messages even when   I don't currently live in his district thank you  sir I appreciate you over the last eight months   many have spoken out asking the city council  to pass a ceasefire resolution in support of   Hamas and Gaza and an opposition to the state of  Israel I've noticed none of the pro Hamas speakers   have called on Hamas to release their hostages  surrender or renounce terrorism and violence most   of the speakers haven't even bothered to mention  the reason the current war is ongoing the reason   is because on October 7th Hamas whom the people of  gods elected in 2006 broke the ceasefire in place   and attacked the state of Israel I'm here today  to speak in support of the nation and the people   of Israel the Preamble of the Hamas Charter Israel  will exist and will continue to exist until Islam   will obliterate it just as obliterated others  before it article 7 of the Hamas Charter the   day of judgment will not come until Muslims fight  Jews and kill them then the Jews will hide behind   rocks and trees and the rocks and trees will cry  out oh Muslim there is a Jew hiding behind me come   and kill him in contrast we have a quote by Golden  mayair who was prime minister of Israel during the   73 War we can forgive you for killing our children  but we can never forgive you for making us kill   your children Hamas murdered approximately 1,200  people included in that number 45 citizens of the   United States 252 hostages were taken including  Americans 132 hostages are believed to still be   held including two from the fighting all the  way back 10 years ago included in that number   depending on the source 3 to eight Americans are  still being held in Gaza women were raped babies   were killed homes burned the entire attack was  a huge War crime as AAS attacks civilians from   Gaza were mixed with the Hamas Terrace more  Jews were murdered on October 7th than in any   other time since the Holocaust Hamas destroyed the  border crossing in which a good portion of their   aid came through speaking of their aid Hamas  supplied the people of Israel with food water   Hamas dug up the water pipes to build Rockets fuel  electricity medical care for serious conditions uh   such as cancer that they treated in Israel Etc  since the Israeli withdrawal from Gaza in 2005   the Hamas military budget is 00 to $350 million  per year Hamas has used tens of billions of   dollars in aid from all over the world to dig  tunnels buy and build rockets and prepare their   terrorists to continue attacks on Israel if good  people were control in Gaza Gaza could be the   Singapore the Middle East with Resorts beaches  and a good standard of living for everyone Gaza   could be a tourist destination with people coming  from all over the world to Vacation instead the   people in control would rather murder J news the  military bases of the state of Israel are visible   on Google Earth and are not near civilian areas  Hamas hides their military bases deep underground   100t or more under Hospital schools universities  and residential areas they want their people to be   killed when Israel attacks legitimate military  targets hiding your military facilities in   civilian areas is a war crime Hamas uses their  own people as human Shields and then complains   when they are killed the idea that Israel is  responsible for the civilians of the enemy is   SD during World War II should the Allies have  provided supplies to German or Japanese civilians   the simple fact is the majority of the people  of Germany supported Hitler and majority of the   people of the Gaza support Hamas there is no  genocide there is a war that Hamas started if   there was an enclave on the border of the United  States and Rockets were being fired on a daily   basis into the United States and then there was an  invasion in which tens of thousands of Americans   were murdered and thousands of hostages taken  that place would cease to exist the US military   would do it was necessary to permanently stop  the attacks the claim of the Jewish people to   the land of Israel dates back to Bible times  there were no Arabs in the Muslim religion   had even been thought of the Romans named the  area Palestine when they conquered it over a   thousand years after the Jewish people first took  control of their land possession of their land   there has never been a nation anywhere called  Palestine in conclusion Hamas broke the rules   Hamas committed war crimes Hamas decided when  where and how this war would start Hamas gladly   sacrifices their own people to support their  goal of wiping Israel off the map the state   of Israel has the duty responsibility and right  to defend herself all freedom and peace loving   people should support Israel and their fight  against terrorism and evil thank you for your time please call the next item  consent agenda items 1 through 17 are there any items or Corrections   I see council member hoisel thank  you mayor um I'd like to pull item seven any other council members I see none is there a  motion to approve the consent   agenda without item number seven so  moved second Motion in a second any   further discussion I see none Madame  clerk please call uh please open the r motion passes 60 council member hoisel thank  you mayor um I'd just like to take a chance   here to highlight this item it's a $100,000  donation from the wital parks foundation for   the inclusive playground that will be at  clap Park uh later this year um thank you   to the parks Foundation again I always like to  highlight some good things going on um this is   going to help with the equipment purchase for  an inclusive playground and that way hopefully   every kid around the city especially around  South East and North wiah who do not have a   handicap playground um close by um just it's  not way every kid has a chance to be a kid so   I do appreciate that this donation on behalf  of the parks foundation and can't wait till   we uh get to the ribbon cutting and our Parks um  the Department they're doing a great job moving   this project along so just wanted to highlight  that and uh with your permission go ahead and   um take the recommended action second Motion  in a second any further discussion I see none   Madam clerk please open the RO motion passes 60  Madame clerk please call the next item Board of   bids and contracts in witcha Airport Authority  Board of bids and contracts dated May 20th 2024 morning mayor city council  Josh labert Department of Finance just waiting on my screen to update  um the board of bids and contracts for May   20th 2024 results in the following items for  purchasing we have eight electronically powered   utility vehicles for Kansas Golf and Turf and  Incorporated for an aggregate bid total of$ 142,5 3278 we have the wad landfire PPE clothing and  personal deployment gear for McKenzie Enterprises   DBA the supply catch Incorporated for an aggregate  bid total of $ 73,9 45 uh for witto Police   Department we have the chemical agent detector  for safe wear Incorporated in the amount of 82,000 and for airport we have the colonel James Jabara   taxi Lane D construction for Pearson  Construction LLC in the amount of 1,634 189.50 this is how to become a vender with  the city of Witchita these are open requests   for proposals out on the street and publicly I'd  like to State this Friday will be our first bid   opening since May 3rd for the public we will  have a special Board of bid bids convening   at 3 p.m. Friday May 24th and I recommend you  approve the bid WS as recommended and I'll try   to answer your questions thank you thank you  for that update and thank you for all you've   done especially during the last few weeks I  know your job is already challenging and it   made it even more challenging so thank you for  what you've done could you go to slide four sure   just curious I don't have any questions but I  don't remember ever seeing this the nonresponsive   vendor yes can you explain what that means I'm  just curious more than anything yeah thank you   for the question council member Tuttle um on  the bid specifications we outlined in the bid   document that they would have to respond to all  items the vendor unfortunately did not respond   to all items they were non-responsive okay  thank you so much thanks again for all you   do Josh thank you so much is there a motion  to approve do we have to so moved second   Motion in a second any further discussion  I see none Madame clerk please open the RO motion passes 6 Madame clerk please  call the next item public Hearing in   tax exemption request Diversified Services Inc good morning mayor and City Council Members  I'm Tim good past you're with the city manager's   office of development services the got them before  you today as a request for a tax abatement on a   business expansion Diversified Services was  founded in 1961 in witta it provides metal   processing services for the Aerospace Space and  Rocket Industries it provides non-destructive   inspections heat treatment shot pening and  painting it is located at 1419 South mlan   Boulevard Diversified Services plans to construct  a 24,000 ft Manufacturing facil facility located   approximately at 750 East Murdoch which is just  east of the elevated rail Corridor near assension   St Francis Hospital the company is intending to  invest approximately 2 million in Real Property   improvements as well as an additional 500,000 in  new machinery and equipment the company currently   employs 265 people in Witchita and projects that  it will add 17 new employees over the next 5 years   with wages in excess $46,000 a year the project  qualifies for a 100% property tax abatement So   based on its capital investment of $2 million  it qualifies for a 40% abatement based on job   creation of 17 new jobs it qualifies for a 30%  abatement being in a regional growth plan sector   of advanced manufacturing it qualifies for an  additional 10% uh batement utilizing state of   Kansas incentives it qualifies for a 10% abatement  and it qualifies for a 25% abatement for being   in a Redevelopment area this is in an opportunity  Zone area there will be no property tax abatement   on the land the economic development exemption  program is a state of Kansas tax abatement program   that targets three sectors manufacturing  warehousing and distribution or research   and development all for products utilized  in interstate commerce there is no sales   tax exemption associated with with the economic  development exemption program the estimated value   of a one-year property tax abatement based on a $2  million investment in Real Property improvements   is approximately $57,600 with the city's share  being approximately $166,300 the taxes will not be   generated if the project does not occur the center  for economic development and business research   at witto State University conducted a a cost  benefit analysis which showed the overall ratio of   benefits to cost for the city of witchta of 5.24  to1 4.27 to1 for the city's general fund and 7.43   to1 for the city's Debt Service fund therefore it  is staff's recommendation that the city council   close the public hearing and place on first  reading the ordinance authorizing the execution   and delivery of documents for the economic  development exemption for Diversified service   Incorporated and authorized the necessary  signatures Robert bapst who is president   of Diversified Services is here and can answer  any questions as it relates to the company and   I would be happy to answer any questions as well  questions for staff beginning with council member   tle thank you um Tim great job as always I always  say by the time you bring something to us a lot of   work has gone into the background I'm sure you're  not going to be surprised by my questions because   I'm pretty consistent with this but just want  to make sure that the the community understands   so if you could please go to slide 19 can you just  give your you know your brief explanation of why   5.24 to1 is so great for the city of Witchita  absolutely so anytime there's a tax abatement   in the state of Kansas we're required to run a  cost benefit analysis uh we utilize the center   for economic development and business research  at witto State University to do that third party   analysis and there is no requirement that there  is any projected ratio that it's one 1:1 it's 5:1   10:1 there's no requirement under State Statute  that there be a specific requirement the city of   Witchita has a requirement that it's at least one:  one and in this scenario a 5.24 to1 scenario for   the city overall is a very strong return so for  every dollar we're investing in in a property tax   abatement we're getting over $5 in return great  and 17 good paying jobs new jobs absolutely and   finally is there any risk to the city there is no  no risk at all in fact again if this project does   not occur there's nothing that happens there's  no taxpayer dollars at risk thank you very much Tim can you tell us what are the  current taxes for that property off   the top of my head I cannot I was  trying to pull that up but we're   with the limited access that we have to  internet we're not able to access all   of the websites that we would like to  including the S County treasures site any further 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 any further discussion um this resides in Council  vice mayor Ballard's District um I   did ask her if it was okay she has not  responded so I want to hear from anyone this yeah I'll make a motion I move that  the city council close the public Hearing   in place on first reading the bond  ordinance authorizing execution and   delivery of documents for the economic  development exemption for Diversified   Services Incorporated and authorize the  necessary signatures I'll second it motion   and a second any further discussion I see  none Madame clerk please open the r motion   passes 60 Madame clerk please call the next item  ordinance amending section 15.01 590 pertaining to fireworks good morning mayor woo City Council  Members battalion chief oades with the witch fire   department here to present the proposed fireworks  ordinance before starting with the presentation I   would like to share history on the ordinance prior  to the 2023 fireworks season unknown exactly when   the city created a six-foot rule but up to 2022 no  fireworks were allowed to be shot over 6 feet in   order to enforce that ordinance every vendor had  to submit to the witch fire department a product   list along with two items of each product to test  in order to verify that they did not go over 6   feet this was timec consuming to the community  risk reduction Division and costly to each vendor   in 2016 witw fire first started firework  enforcement teams to police the city on   illegal fireworks since then we have modified  the enforcement teams to include two witto   police members along with one firefighter for  safety purposes with the surrounding communities   allowing and following the state statute fireworks  continue to be continue to be very difficult to   enforce the city six-foot rule after the 2022  fireworks season fire chief snow snow task the   community risk reduction division to evaluate and  review the current fireworks ordinance for Public   Safety along with the possibility to mirror the  state statute we created a fireworks committee   with members from city council witch police witch  parks and witw fire department members to assist   with evaluating the existing ordinance which  we first met in November of 2022 in February   2023 wiah fire presented a two-phase approach to  changing the fireworks ordinance as you can see   these are the members of the fireworks committee  the representations from City departments but   at the same time we've also created a citizen  fireworks committee that represented each district   lays on to have voice from each part of the city  to be able to communicate on the well-being of   their areas to be able to better the ordinance  itself and we also metth with all the vendors   that were selling within the city of witch from  the the fireworks sales in May of 2023 wi tall   fire department presented phase one which included  legalizing aerial fireworks from July 1st to the   4th safe and sane fireworks during the fireworks  season which is June 27th through the 4th and   continue to remain This legal shooting times of  10:00 a.m. to midnight during those dates of June   27th through July 5th we also enforced uh we were  also going to deploy enforcement teams from after   midnight on July 1st through the 4th to make  sure that people were abiding by the ordinance   that was created for 2023 and we also increased  the fines associated with the elegal shooting of fireworks after each year witto fire department  gathers data from the firework season to evaluate   areas of concern and needs a modification from  the number of working fires we responded to to   Medical emergencies injuries and the number  of firework complaint calls 911 receives from   their non-emergent line the Witchita  fire department responded to a total   of 75 fire related fireworks calls out of  those 75 calls four of them were working   structural fires with an estimated loss  of $660,000 39 injuries were reported to   area medical facilities within the city of  Witchita and the non-emergent 911 1 hotline   received 1,46 calls as you can see this  is the charts that's the different types   of fire types calls that we responded to  and this is a five-year data information   that we gather uh and be able to put on here  to share the comparison from previous years also and this is also the data that we  receive and collect for the injuries that   occurred from the youngest of age to  the oldest and the mode of injuries is   basically what we have here is just  the number one cause of injury that   are reported to um to the medical  facilities and to the Witchita fire department as part of the firework committee and  as part of the fireworks committee initial phase   two plan and review of the 2023 fireworks  SE season we are recommending Phase 2   to allow aerial fireworks to be sold within  the city of Witchita the shooting of aerial   fireworks July 3rd through the 5th and safe and  sane fireworks from June 27th through July 5th   dates and times are consistent with previous  ordinances and closely mirror the state statute   working with legal we are also adding new  language to a new language making it illegal   to shoot fireworks from from moving vehicles from  bicycles motorcycles electrical scooters cars or   other Motor Vehicles ignite fireworks within 50 ft  of the stands possess or ignite non-consumer grade   fireworks engage in the manufacturer of fireworks  for sale or personal use without a permit issued   by the state of Kansas and engag in show in a  show without a proper permit for pyate Technic shows additional costs were going to be   Financial considerations is going to be  um offset by the sales of permit fees   those would be associated with our enforcement  teams looking for illegal selling of fireworks   without permits and to enforce the midnight  enforcement of illegal shooting after the ordinance since 2016 witch to fire  department has attempted to enforce   the fireworks ordinance and made changes due  to safety of our firefighters to include witch   in the confiscation of fireworks it became  difficult to enforce every year due to our   neighboring communities allowing fireworks in the  State uh following the state statute in 2023 and   this year we continue to make changes for what's  in the best interest of the city of Witchita   and also feedback from our vendors and our  citizens from each district fireworks committees   recommend city council to approve the proposed  ordinance and authorize necessary signatures questions for staff council member hoisel  thank you mayor um this one might be more   for Jan um I believe we had somebody reach  out about um or or a the code 1.4 um would   could you speak on that one a little bit  what have we found in okay thank you so   the information that I received um from the  concerns of that's happening throughout the   Technics industry is that there is a type of  firework that falls under consumer grade 1.4   fireworks and it is labeled un United Nations  number 1336 that is going to be labeled as   1336 but it also has information that says  for professional use and that professional   use is going to have an E port which is an  electrical port for being able to connect   into a monitor and also an electrical  match so those types of fireworks will be   um making sure that from our inspection standpoint  we will make sure that those are in the tent but   we want also going to be very um in communication  with the vendors that they don't Supply these   tents with this type of fireworks that's going  to that's a concern right now in the industry is   there going to be a an inspection process to make  sure that they're not selling these and would that   also mean it's available only for people with  a professional license uh to use um so part   of our process from the tent when we receive the  permits from tent for tent permits for fireworks   we conduct the fireworks inspection all the time  anyway and that'll be throughout the the 9-day   period of the fireworks season to just go there  and make sure they're still abiding by the fire   safety but also making sure that they're abiding  by what's allowed and what's not allowed within   the city of Witchita so this is just one another  item that we will add to our list but we're also   going to be uh hopefully in in uh communication  with the vendors to make sure that they don't   Supply these to these to our tents the nonprofit  organizations that are going to be Staffing these   tents so if they wanted to make this legal and  sell it at the tents they would have to give you   one of these or two of these to test beforehand  and you would approve or dis or not approve of the   sample that they've given you well just because  of the the the the labeling of professional use   we would deny that anyway because we would want  that those are specifically will fall under the   classification of 1.3 which is display firew works  for professional use only okay I appreciate that   council member glassop thank you mayor I have a  few questions um so we talked about the fines of   1,500 and 2000 do those reset every year or if  someone had a violation last year at the first   violation at a th this year they decide to come  back and they violate again will they be a second   offense or we'll go back down to a first offense  um I would think I'll ask Jan to be able to answer   that question good morning Jan jarmin with the  law department they do not reset so if you have a   prior from last year it would be a second offense  this year okay good um I saw that it was budgeted   for 5,000 which I'd be hard pressed to only find  that we would have F five violations in the city   so I think it's probably a pretty conservative  number um in addition I know that um this is more   a sub subjective question in some ways but in your  understanding was it safer or um was there really   no increase I know that the numbers might have  been a little bit different in 2023 compared to   previous years it looks like total number of loss  was down in terms of structural loss would you   say that it was safer 2023 than comparative years  obviously there's a little bit difference in terms   of structural versus non-structural looks like  there was more grass fires in 2022 versus 2023   but I think it just depends on the time of year  and how the weather uh is uh is during that time   period of the fireworks season but it's also the  part of the city that occurs on the values of the   houses um during the 2020 year 22 year and 21 year  that the cost of construction was still pretty   high and as it continues to decrease on the value  of of uh of construction the cost of the overall   estimated loss is also going to be decreased and  I would say as the fire department presenting this   to us you would support this policy in terms  of it's not making our community less safe   yes we we we have discussed this and this is  in the best interest of the city and overall   for the citizens okay and then last question  I have because I know that councilman Tuttle   and Johnston have questions as well um I know  that in the past what two years we've had um at   least multiple incidences of people manufacturing  fireworks at their homes how do we monitor that   um obviously we're not checking people but do we  have a hotline where people um alert us if they   think someone's Manufacturing in previous years  we've had um phone calls and messages directly   to the fire department but also 911 so when we  receive those we'll send out uh we'll investigate   those and that's one of the reasons why for the  2023 or the 2024 fireworks season we add a new   language because the state statute does have um  language in there for hobbyist manufacturing and   they would have to be permitted through the State  Fire Marshall's office to correctly be licensed to   be able to U manufacture their own fireworks but  overall it's just being able to get information   from citizens and neighbors to report when  there is a possibility of illegal fireworks or   manufacturing um being done in neighborhoods okay  thank you I appreciate it council member Tuttle   thank you very much I appreciate the presentation  if you could go to slide 30 for me please oh 30   thank you I just wanted to highlight for the  community and chief snow if you want to weigh in   you know but in 2022 it looks like we kind of  had an an anomaly where we went way down and then   we went back up and just wanted to highlight  for the community um and always tell me when   I'm wrong but we had a break in data that year  because one Hospital didn't report um so just   want to make sure if anybody sees the slide and  says well what happened in 22 and then you know   what did we do wrong in 23 we really feel like  the numbers are probably consistent correct yes   so if you take if you add up the numbers from  the past five years um the average of the 39   is still within the 5year average of injuries and  the other thing for the 2022 from um missing some   uh reports from a couple medical facilities within  the city we also uh emphasized our Public Safety   announcements on safety and the ordinance itself  so I think that was a very positive effect uh so I   think from that standpoint that's really why the  that year itself stands out from the lesser of   injuries that occurred yeah thank you very much  um and now just a few questions if that's okay   so since November um 10th of 2022 we have had a  staff-driven committee who's been looking at this   a committee task force whatever we want to call it  correct and thank you council member H Heisel for   for sitting on that committee I appreciate your  time yes so from the initial beginning of the   fireworks Committee in uh November of 2022 we've  always reached out to our vendors so um discussing   the the change of uh the ordinance itself speaking  with uh districted Representatives ladies on from   each district and also the vendors to get feedback  what is in the best interest not just for the city   itself but also from a business standpoint and  from each district so this two-phase approach   has been in the plans from the initial meetings  with all the stakeholders that have been involved   part of all of our meetings thank you you it's  kind of like you're reading my mind so we've had   a staff driven committee that has you know  council member representation and then also   content experts from from fire police different  staff and then we had a citizen committee correct   that was meeting kind of at the same time and  reviewing information and bringing it back to   dabs and things correct yes and then you said you  have communication with vendors who are content   expertise and key stakeholders in this process can  you please tell me how they were communicated with   to make sure that they were getting information  so the part of the communications was initially   in the early stages was we have meetings in face  to face inperson meetings uh on the 11th floor in   this fire department's conference room room and  also feedback from making phone calls or even   emails and associated in text messages to be able  to communicate on um if they have any questions   for me or or Fire Marshall Dugan so we was a  bit different types of methods of communication   overall I think you know we always took in  consideration of the business aspect but also for   the community of each district and also from the  standpoint of fir and police having to enforce the   new ordinance but being able to continue to allow  the city to enjoy the fireworks season but also   have safety as a number one priority okay and I  really do applaud you for having kind of a three-   tiered approach to making sure that we're getting  feedback um I I know this is such a sensitive   topic and there are people who you know share with  us every year that especially for our veterans who   my heart aches who may have PS PTSD um for pets  for for elderly um but then as you mentioned on   the flip side there this is a special time of  Celebration and Community engagement for for   people too so a really sensitive topic and I and  I'm proud that we're trying to find the balance   for the community and get as many voices heard as  we can so thank you for your work on this welcome   council member John ston thank you for your  presentation appreciate it um do you do you have   a list of the members of the Community Committee  I don't have them on me right specifically but I   can get you those members from each rep from each  district yes sir okay and how often did you meet   with them um well initially when we as a fireworks  committee when we initially met and discussed   options for us within within our committee um  and from that standpoint when we had an idea or   to be able ready to present to the vendors and  the stakeholder and their citizens committee we   invited them and just met with them and said this  is the direction uh this is our options that we're   proposing for the upcoming fireworks season  and from that standpoint uh get some feedback   from them and then also from the vendors and then  from that standpoint we went went ahead and come   up with this proposal here today okay overall  would you say they support the change yes I   think so again this is all part of the initial uh  meetings of the two-phase approach so this was a   big the bigger picture was always presented from  the initial meetings to from the 2023 fireworks   season on how to go about um just allowing  legalized uh aerial fireworks and then from   that standpoint to this year itself to be able to  sell and also um shoot aerial fireworks and the   difference between the the two phase approaches  from the phase one to phase two is that in 2023   phase one we allowed four days of aerial fireworks  with no selling of of those types of fireworks to   this year we're proposing just limiting to the 3D  through the 5ifth but also allowing the selling of   AAL fireworks this year okay thank you several  questions um Mayan can you go to slide number   31 please um I know that you just mentioned that  aial shooting will now take place for three days   according to this ordinance can you share why July  5th um and I know that there's this is going to be   an extended weekend July 4th can you explain that  yeah the reason why we added July 5th is one is   it matches the state statute because that's one of  the things that we did take in consideration when   we were um proposing a change of the ordinance  to match the State statue because most of all   of our communities around the city of Witchita  are following the State statue and they're able   to get those areal fireworks to bring back into  the city of Witchita and shoot them the other   reason it was is because of the the situation  that occurred last year um which was basically   on the 5th it was another day of Celebration  that we were able to enforce the number of   illegal fireworks of the aerial fireworks that  were being shot off so just to be able to match   the state statute and from learning from past uh  experience of last year that we wanted to add the   fifth to that especially for this year Tak into  consideration is that the fifth is fallen on on   a Friday um from the fourth is on a Thursday and  then I know that uh the financial consideration   portion mentioned $5,000 in fines uh those were  there five different offenses that happened in 2023 so from the standpoint on this  the citations issued I believe we   issued seven citations but um from the legal  perspective or the process of uh writing the   citations two of them um or five of  total were going to be issued is my understanding and again the recommended um the  recommendation from not just the witcha fire   department but this Comm committee along with  legal this goes back in line with State Statute   is that correct yes so again and any the changes  that we made in this two-phase approach uh from 20   after the 2022 fireworks season the State statue  has always been a leading us on the direction of   what to allow within the city of Witchita along  with meeting with the vendors and the citizens   to explain we're not coming up with our own rules  here in the city of witch we're following with the   state statute along with outside communities that  continue to follow that and bring in the illegal   shooting of aerial fireworks within the city  of Witchita which year after year is very very   difficult to continue to enforce um even with the  total number of 10 enforcement teams and as large   as the city is there's no way that we were able to  continue to um enforce that Citywide so we created   hotspots and concentrated on those hotpots from  the data that we received from the not uh hotline   from 911 non-emergent line council member Johnson  thanks mayor um your question is that council   member Glascock reminded me um Chief or Jan could  you explain for the public and even our our new   members kind of how that enforcement works that  um we're not proactively out there we're in some   of the hotspot areas but if people call what has  to be seen and witnessed by either fire or police   and documented before a citation can be written  and why that may contribute to the lower numbers   versus what we we all see on the 4th of July  yes sir so basically prior to the 2023 fireworks   season um we initiated uh deployed uh enforc  fireworks enforcement teams um and it's changed   from the initial time when we first started with  just fire going out and enforcing this and we   realize uh it's a little bit more dangerous out  there on our own so we implemented uh and spoke   with our partners at witto police and they team  uped with us and basically what we ended up com   um modifying the enforcement teams is two police  officers and a firefighter to be able to write the   citation but the police officers were there for us  to uh for safety purposes to watch our back as to   say and also from that standpoint concentrating  on the our hot areas throughout the city we   prioritized those and assigned enforcement teams  there and then we also had some Roven enforcement   teams to be able to respond to the 911 calls or  non-emergent line calls that were being dispatched   to us to go investigate part of that process to be  able to initiate an issue a citation is that our   police officers and firefighters had to actually  witness the shooting and of those members in that   area so coming into the neighborhoods and parking  and being able to just uh following up on reports   of illegal shooting of fireworks we had to witness  it we did do quite a bit of public education you   know we don't see anything specific Ally we still  probably roll up to that address talk to the party   that's going on the homeowners the parents  supervisors and to be able to make sure that   they're aware of the city ordinance and there was  a complaint and then from that standpoint we'll   just go to another call itself council member  Glascock I'm probably making a loose assumption   in this question too but I realized it wasn't  on the policy as well you had mentioned that   there are security uh or not security concerns  but sometimes people might get angry showing up   when you're telling them not to be able to shoot  out fireworks I imagine that alcohol probably   has something to do with that on that weekend as  well is someone able to shoot off fireworks while   they're intoxicated is that a different penalty  well part of our public service announcements is   always to make sure that there is a responsible  adult that's not under the influence of anything   um from that standpoint we really can't police on  the the of them partaking in any type of alcohol   beverages or any type of uh illegal substance so  um it's always beneficial that somebody is sober   to be able to make sure that from the kid from  the family and the kids standpoint that there   is a safety area from that uh in that area but  we've had a couple incidents that uh firefighters   and police officers had to call ourselves out  in trouble because we were being surrounded um   from incidents from a party that's uh Under  the Influence so from that situation and we   also had at early in the enforcement years um  we had a battalion chief that was assaulted by   um flaming balls stick that he got hit upside the  head from a citizen so uh that is a major concern   for us continues to be while we're enforcing  this thank you uh I'd also add so there is no   specific ordinance on shooting fireworks while  Under the Influence but I will add to to both   council members that we've pulled from State  Statute this year uh some some good language   on seizing fireworks as well we've always had  the ability to seize but State Statute was a   lot more specific so uh even if we don't see  people shooting off fireworks if we get into   a culdesac full of fireworks on July 6th we  can take them um so we are are dedicated we   understand there are citizens who get tired of  it after July 5th and uh we've put some specific   dates on there and I think some of that part of  the ordinance will give us a little more teeth   in even if we don't see people shooting them if  they run into their house and leave them all out   in their culde saac um we're going to have more  tools to deal with that problem thank you thank   you both council member tutle thank you um just  one last question I wanted to give everybody lots   of opportunity to ask and not take too much time  but I received three emails regarding this um a   couple I think maybe three or four but some for  some against but one of the questions that was   posed and I and I did tell the person who sent me  the email that I would be sure to bring it up just   to make sure they said the timing of the change  seems to be pressed and will there'll be ample   time for the city staff retailers landlords and  consumers to be ready for this change could you   just address that and and and if the committee of  Staff the committee of community members and then   also vendors if that was discussed at all just  to make sure that everybody's going to know what   the changes are in the community and be prepared  as well as vendors could you just discuss timing   and and your opinion if you think we're going to  be okay yeah I think the timing of us presenting   this uh is coinciding with last year when we first  presented the first phase of the ordinance and   change of the ordinance itself last year we were  in front front of city council I think it was May   16th or 17th and so we're a week after um compared  to last year for their presentation one of the   things that we do take in consideration that we  do talk to and and in communication with licensing   um from the perspective of the the firework tent  sales so that's all been always been a partnership   with us and uh licensing to make make sure that  you know from the permit in and the fees and   then being able to receive those and going out to  know where those locations of those tents are okay   thank you very much I see no further questions  for staff we will now open it up for public comments please come forward say  your name State your address please good morning Council Jacob maretta wholesale  fireworks 159th in Kellogg Andover uh I'd like   to speak a little bit uh today obviously this is  my world my I'm Your Problem Child here today uh   speak about the Prine professional fireworks I  know uh Miss Janice spoke about that and uh my   legal background is from watching Suits so we're  going to lean on her a little bit on this I do   know this is an upcoming and fast problem for the  fireworks industry this professional grade 1.4 was   created on accident by trying to make shipping  cheaper for professional grade fireworks uh 90%   of the fireworks industry we are fighting as fast  as we can to get this ban this loophole closed uh   unfortunately loopholes open quicker then they're  closed uh I know the state of Missouri currently   has uh I'm going call a rule to ban this coming  up uh very soon state of Kansas we are in the   very first process of getting it read it's it's  taking some time I don't want to see which at   all if you uh with the shooting that we have  allowed now this product coming into the city   it is literally professional grade products that  are made to be shot by people with shows licensing   and everything else the issue comes in there is no  rule for professional fireworks shooter so what's   happened is people have created a website you go  take a 30-minute class and they give you a piece   of paper that you print off that says you're now  professional it falls under 1.4 un0336 so by the   current rule that I understand Jan and I know  this is not my world the city would not be able   to ban it because it's technically legal under  those rules we have to specifically put in some   language to ban that product uh I've reached out  to uh the head of the National firk Association   it's uh Mr Steve Hower is the president of that  uh he he's working on some information for us   unfortunately this came up very quick for us not  knowing this was in there uh so to reach out to   that and then uh our in-house attorney's working  on as well but I'd definitely like to see some   language in the rule specifically Banning that  product to give the fire department the teeth   to to get it I just don't want it to come up to  where they want to confiscate it and they're not   allowed to this product is not fireworks this is  not consumer stuff this is for True professionals   not someone that gets a piece of paper off of uh  off of the internet so whatever we have to do to   work together I'd like to whatever we can do to  make sure that you know we get those teeth in   the rule um the other thing that I will mention  in uh my time's running up is that uh I do think   is you know the largest vendor in the city that  May 20th is a little late to make a huge policy   change like this for us on fireworks uh you  know we're 35 days out from opening 28 days   from set in tents and we're completely  changing the rules so thank you very much remember glas I do have a question for  the previous speaker just one second sir uh the   question I have you had said about changing the  rules this early in advance What specifically are   you concerned about us changing that would have  a detrimental effect on your business operations   well we allowed shooting last year so you know we  were only allowed to shoot the safe or sorry sell   the safe insane in the city uh up until Friday  we thought that's what was going to be this year   so at this point in time as a vendor I have to  completely 180 change my product mix my tents   and what's you know what's happening for my my  business so the concern is that now that we're   allowing or would allow the um sale of aerial that  you have to Chang your inventory before now yeah   so you're you know you're letting a whole new  category in so the inventory we had planned is   now not completely obsolete but it's now 20%  of the sales instead of the 100% that it was   last year okay thank you council member Johnston  I have a question for you too yes sorry I'll quit   running off so do you do you sell the aerial  fireworks yes outside the city Li yes sir now   do you have tents inside the city also uh yeah I  believe last year I was 24 of the 26 permits sold   I've been between 95 and 100% of the Witchita  permits for over 30 years so do you think it   would hurt you to transfer some of those Aerials  for three days or would it help you sell more of   them to those 24 t0 well just going to come  down to I I now have 24 tents that need need   product my tents outside the city need their  product as well so you think you'll sell more   a lot more of them then of course okay okay yeah  we're opening Pandora's Box okay thank you thank you my name's uh Dennis Frasco I'm the black  cat distributor for this area and I agree a   th% with Jacob uh this is pretty quick uh you  know we can adjust but this is awful quick   uh in my business 90% of our stands are charity  driven they rely on that money for their projects   whether it be supplying food or clothing or  training seeing eye dogs or whatever and this   is a pretty important deal uh you know we can't  adjust but this is pretty tight and then another   issue that Jacob talked about these fireworks  that are shooter grade they're very dangerous   they're really dangerous so let's say she  comes into my stand and says I'm a professional shooter I can sell the stuff that's not on the  Shelf but it's really dangerous I mean I got to   tell you guys it's pretty serious isn't it Jacob  there's people that shouldn't shouldn't be having   this stuff it's like what Dynamite kind of in a  way and uh there there's a loophole that that's   that's not closed right now and it's going to be  a problem but but but this is really quick I'll   adjust to anything I've never been in witto  because it wasn't a good B business decision   for me but obviously uh you go where the business  is and uh but this is pretty quick uh that's all   I got to say council member hoisel thank you  mayor um a quick question with the according   to the code the 1.4 the ones that we're talking  about now are they still going to be eligible for   purchase outside of the Witchita area regardless  of whether or not we passes ordinance I'm sorry   rep the question the the fireworks that we're  talking about now the ones that we are um have   concerns about are those still going to be  eligible through the loophole to purchase and   Andover and Gard um yes we're we're we're going  everywhere we can trying to get this loophole   closed as fast as we can we're trying to close it  Statewide unfortunately like I said that takes a   while to get something through the legislature  so that's one of the things we're trying to go   Council by Council City by city and get it closed  as fast as we can and really I think that's one   of the things uh Mr Hower from the NFA I mean  that is his life right now was trying to get   this done and he knows way more about it he well  he reached out to me about this and said you've   got to get this done in witch we can't have the  biggest city in in the state allowing this stuff   you know because a lot of cities follow what you  guys do so if you guys ban this I don't have to go   to Every Council they'll know that it's bad and  you know take you guys' lead on it okay um Jan   or chief um is there anything specifically that  we could do to Outlaw the fireworks in question here and I will mentioned this is  a as a loophole even with my suits   uh watching legal degree I know it's a very gray area well our current ordinance well the proposed  ordinance says that a person cannot must only   possess consumer fireworks but we do Define  consumer fireworks as any firework classified   as as a division 1.4g Firework by the United  States Department of Transportation we could   change the definition of consumer firework um  to be broader in that it we could you could   I'm just spitballing but we could change it to  nothing that's um detonated by Electronics um   I think we could work to find a definition that  would that could be broader than just the state   definition which is what we currently use I might  also say after speaking about this issue some um   these have not hit Kansas yet um I I think it's  a good topic to talk about uh it but we haven't   seen them yet and and we can also control them  through our permitting process which is what   Chief mentioned that that we wouldn't give um  a permit to a a a seller who's going to retail   sell those uh items and we could do that now with  the ordinance looking the way it currently looks tutle thank you um I'm certainly not a fireworks  expert so I'm going to lean into content experts   legal Etc but from and please correct me when  I'm wrong okay so my understanding is right now   because of the changes that we made you know  last year previous years you can discharge   aerial fireworks within the city of witch talk  correct right so the change is now that you   we can also sell them within the city of Witchita  is that correct yes so if you couldn't sell them   before in the city of witow would someone go to  like Andover and then purchase them and they would   then bring them back and shoot them off in their  backyard and and Witt correct yes ma'am so I'm   just a little confused why it's more dangerous  if we're if if the speakers I'm just asking a   question I don't know the answer to that it's more  dangerous this way when people could shoot the   off anyway is that correct yes and I think from  the standpoint um I like to add some information   from Jan and from Mr marot was the fact that you  know outside of the city of Witchita there there's   still a possibility that those are going to be  outside the city also being sold um I think this   is where the communication and partnership  with our vendors to be aware of those types   of fireworks as wholesale fireworks is to be  able to police those items to make sure that   they're not going to be supplied in the tent  that he has and along with all the vendors so   I think from the standpoint of being able to  um work with our vendors and also during our   fire inspections to have an additional set of  eyes the possibility that they could be missed   is to make sure that you know those aren't  going to be possibly within the tents within   the city of Witchita but not even just within the  city of Witchita even our outside jurisdictions   because we all have a the well-meaning of of  Public Safety for outside City wiah also sure   I I just want to make sure I want to be very  conscientious to our vendors to our entrepreneurs   who are you know part of our thriving economic  our economy but then also safety so for me it   doesn't seem from what I'm hearing right now that  this is going to make anything less safe because   people can already shoot off the arterials  is is that assumption correct you want to answer this is a new subsection of fireworks  that's just came out in the last year this   loophole was created uh about 18 months ago so  like like we I we won't carry them other people   won't carry them there were some in the state of  Kansas last year there was none being sold in and   over I can tell you that because I know the three  of us vendors that are there none of all of us   are fighting to stop it but there are vendors in  Kansas selling it and that's why we need Witchita   to shut it down so all of the other cities follow  and if I if I may just ask the follow question so   they could still shoot them off in wit anyway if  we didn't if nothing changed today if we didn't   pass this and we didn't add the addition of sale  of them and we just said you know you can you can   um discharge them aerial somebody could still  go to I don't know Manhattan or topa or whever   and buy them and bring them back is that correct  I would assume uh I'm not sure how if you can ban   the shooting of them as well as the as the selling  of them I don't know the best way to ban that you   know what I mean yeah and so right now we're  not doing anything with changing discharging   we're just adding the sale of it so people could  still shoot them off I would ask for discharge to   be banned of them as well okay I mean we we don't  want these things and I'm a I'm as Pro firework   of guys as you came these things aren't safe you  know I love Fireworks my life is fireworks I'm   five generations in fireworks my family started  in 1913 I live and breathe fireworks these aren't   fireworks these are explosives that people don't  need okay so thank you thank you Mr Mar may ask   a couple questions follow council members can you  just explain the different levels of um Fireworks   so that I think there might be a little bit of a  miscommunication regarding the different types um   because Aerials can be multiple different uh types  of Aerials and the ones that you're specifically   concerned about are the ones that are detonated  by um an electrical I guess device can you talk   can you talk about the different mods yeah so  there there's two there's what's called Class   B and Class C B is your professional the baseball  stadium Big City shows and that c is consumer so   when you go into the government there's 1.3g which  is your professional the big big stuff you know   10in 12in shells not not very many regulations  in there because it's made for professionals   with proper distancing stuff like that then 1.4g  up until 18 months ago and don't quote me on the   18 months in the last year and a half was always  that was consumer fireworks so it was a great way   and if was designed this way to where cities  allow 1.5 1.4g fireworks and that encompassed   all fireworks when postco when shipping went  ridiculous shipping a container of 1.3g the big   explosive stuff went from around5 to $18,000 to 70  to $80,000 a container so they were trying to make   a rule for some of their smaller stuff which is  still way bigger than anything we allow for them   to ship that cheaper under a 1 .4 it's like 1.4  parentheses professional and and so they did that   for them to ship well some entrepreneur people  figured out that if it said 1.4 on it it was legal   to sell and that's that's the hard part of this  is the Rule's always been the same thing where   we had you know two circles you could sell this  you couldn't sell this now they've kind of suck   snuck in some stuff that we don't want and so that  that's where like I said I would defer to uh the   NFA and that for the language that they're using  in Missouri and that to specifically ban these   items and it's just this one little subsection  it's you know but we don't want people driving   the railroad train through the eye of the needle  you know do that explain that I'm sorry I'm I'm   a rambler and I talk too fast I'm sorry so the  Aerials that are usually bought in Andover or   any of the facilities outside of Witchita what  have they been designated as 1.4g and so this   subset is 1.4 parentheses professional I believe  so yeah which is different than 1.4g and that   that's one of the issues we're fighting to is it  doesn't have a designated rule for how to Market   so that's what's also making it hard to ban is you  know if it was 1.4g do1 or something like that it   would be very easy to limit and that that's what's  making this area so gray thank you council member   glasow one last clarifying question that goes  in and mayor Woo's uh line of thought as well   is the concern isn't the 1.4g um aerial fireworks  being sold but there's a different classification   So for anybody listening there's two different  things we're talking about your concern isn't   the safety of the aerial fireworks being sold  within the city limits it's about the 1.4 Pro   being sold some people call pro pro line there's  a there's a few names for it but yeah uh the 1.4   Pro just wanted a clarification that it's not all  aial fireworks specific classification yeah okay   thank you council member Johnston question for you  I I presume are you on the committee the Community   Committee I was up until November before the  election why did you get off or uh what happened   there I don't know uh Friday I found out uh like  everyone else did when KWCH sorry uh notified   me that this was happening that's kind of why  this came up last minute and we're out there we   we did not know this was coming until the Google  alert hit but may maybe uh maybe next year you   should get up back get on that committee again  I'd love to be and uh maybe you could resolve   this issue really the issue of selling in the city  is not really an issue for you though right no not   an issue it's just the timing of it to switch  with 30 days I mean literally tents start going   up in 12 days and now I have to come you know  if you guys pass this today I've got to go back   start reswitching product lines what I'm pulling  what I'm putting in tents tent layouts I mean   it's just a it's just a fast change are they more  profitable than the small ones they're around the   same are the same okay so actually nonprofits  inside the city probably could make additional   Revenue eventually they will because people don't  have to go to Andover to get them yeah it's yeah   I mean there's people that there's people that run  some in town some out of town people jump back and   forth they're they're very similar okay okay thank  you yep council member hoisel thank you mayor um   Jan if if we did pass this today would there be a  fix that would be available before second reading   that we can insert into this or if we wanted to  make sure that we did away with the the fireworks   that we are concerned about the electronic  fireworks would that be something that would   be more wise to delay this into our next meeting  we could have a we could have a fix by my second   reading the easiest way to do it will be through  the definition it'll be easiest for you all to   identify for the community to identify we'll just  tweak that definition of consumer firework okay   appreciate it thank you we'll continue public  comments anyone else from the public who would   like to speak I see none I'll bring it back to  the bench any further discussion From the Bench   council member hoisel yeah I tried to shut me up  today right thank you mayor um there's just a few   things I'd like to point out if we go through  with these changes it is actually going to be   more restrictive as far as the days go currently  it's uh July 1st through 4th it'll be 3rd fourth   and 5th um after these changes this will help keep  it out of the work week for this week that's one   thing that I am very conscientious of um overall  I think the complaints went down last year from   just how I I I saw I stayed up till midnight every  single night about 12:10 the fireworks would end   so it seemed like it it was working for the most  part last year um a lot of that is also dependent   on the types of neighbors you have cuz some  neighbors really don't care and some neighbors   do try to be respectful of their community  so I think that's where the rub was uh for   some of the negative effects of this aside from of  course proper fireworks storage and whatnot which   is what resulted in I think a majority of the um  property damage that we've seen over the years is   people putting used fireworks into the trash can  and putting that trash can next to the house and   before you know it that's that's uh the issue that  we have so I I did want to point that out to the   public we're just trying to be more conscientious  of people during the work week um taking a day off   of it and extending it by one day on the backside  again that gets us closer to the weekend the   extended weekend and over the next three years  that'll be Wednesday Thursday Friday then next   year it'll be Thursday Friday Saturday and the  year after that Friday Saturday Sunday so we're   really trying to match us up and that way it's not  disrupting people during the work week as much as   possible so I just wanted to make sure that was  um out there for the public to understand as well council member hoisel you were on  that committee would you like to move um thank you mayor I appreciate that um I  move that we take the recommended action   that the city council place the ordinance  on first reading and authorize the necessary   signatures with the understanding that  there will be additional language added   uh before second reading to address the  electronic firework concern second motion   and a second any further discussion I see  none Madame clerk please open the rooll motion passes 60 Madame clerk please  call the next item supplemental design   agreement number two for Blackley Drive drainage improvements good morning mayor and council  members Gary Jansen Public Works and utilities uh   I am happy to be here today to talk to you about  this project it's been a long time coming we're   ready to move forward uh pinning your approval  today for final design for uh blackly drainage   improvements there's a lot has happened over the  years uh working to get to this point I want to   talk to you briefly about some of the history  uh our proposed improvements what they will do   uh what we've done to this point with public  engagement how that will go forward and then   what our next steps will be so in November of  2022 and and there was a lot that we had looked   at with blackle even prior to this uh just  struggle to get to a point to find something   that was practical and feasible to try to help  solve this problem but at that point the city   council approved an agreement with professional  engineering Consultants to provide a feasibility   study for drainage improvements for Blackley for  the Blackley drainage area in September of 2023   uh the city council approved a supplemental design  agreement to refine the proposed improvements to   start looking at some more focused uh potential  options for improvements uh including an open CH   the starting design for reconstruction of the  open Channel between Kellogg and Waterman in   April of this year a public meeting was held at  Robinson Middle School where adjacent property   owners were provided an update on the drainage  study and recommendations for improvements we   had a very good turnout at that meeting got some  really good feedback from the folks who have lived   in this area for a long time and I think most of  it was positive on May 13th the district Advisory   Board unanimously approved the design concept so  this shows uh roughly what our project limits are   Kellogg is at the bottom 1 street is at the top  Bley it's generally one to two blocks east of   Oliver the part that is in blue is where we were  proposing to make improvements with an underground   drainage system uh the part in red was part of the  study area that will see improvements but would   not have any structal improvements at this time  we could go further north in the future if we find   that there is uh added value uh but at this point  it was a diminishing return as we looked farther   north this did not proved to be what I hoped it  would be but I want to explain what you're looking   at here so luckily as far as we can tell at one  time many years ago there was a creek running   through this area so this is standing on First  Street on either side of Bley looking back down   the hill if you're ever out that way and and think  about you will see just what a depression Blackley   is and it kind of makes sense what's happening  with this drainage basin by so much runoff piles   up there and has created so many problems for so  many years and that's what created some of our   challenge of trying to deal with this this was a  natural water W for many many years and and it was   developed so now we're trying to overcome that  these pictures show some existing conditions on   the left was a considerable rain event I don't  know exactly when this was but over the years   we've had issues with cars being floated down the  street wit fire departments had to be involved   uh with blocking streets off along with emergency  rescues uh the one on the right is a fairly small   rain events but you can see it's taking trash cans  down the street and can create some potential uh   hazardous issues for those that live in the area  so we uh when we started really trying to look at   how we could attack this one of the things that we  do in looking at overall drainage is talking about   the size of an event and ideally what we would  like to do across the community is try to be able   to accommodate what we call a 100-year Reign event  that does not mean that that's something that's   going to happen once every 100 years that means  there's a 1% chance that it could happen in any   one year but it it's rare that it happens right  we've seen them over the years in certain areas   of Witchita and and the cowskin and calf skin  basins out west we've had a few of those so we   started down that path uh it's rare that we can  make that work because we get to a point that the   cost is not feasible it's not practical what needs  to be built you end up having to buy properties we   started looking at trying to accommodate a 100e  rain event for Blackley and we quickly got to a   price take of $70 million and it was rising from  there and it was going to be extremely detrimental   to the neighborhood it was going to impact  properties so we decided to take a step back we   have a stream gauge at the pump station at Kellog  and Oliver and what this shows I won't spend   a lot of time on this but this shows rainfall  information for a 14-year period from 2008 to 2022   we decided to focus on what's actually happening  in this Basin in the two biggest storms in July   of 2015 and July of 2016 and and that's where  we took our Focus to to try to find a way that   we could accommodate those types of events because  then we would generally take care of the majority   of things that happen here so I explain to you  what you're looking at here uh this is an aerial   view of Blackley on the left side is Kellogg  drive on the right side is roughly 9th Street   the top portion is the ex existing conditions this  is the July 2015 storm that's been modeled to show   what happens with blackle during that storm this  has been analyzed and considered to be a 50-year   event so 2% chance of an event happening any one  year if you look at the top existing conditions   you will see that it's darker blue it's a little  bit wider uh if you look at Second Street right in   the middle of that areal just to the right of that  is where the school is at you can see quite a bit   of water piled up in that area if you look around  central you'll see it's impacting uh a lot of   that intersection if you move down then to the  proposed con conditions the project that we were   proposing you can see that the blue becomes a lot  lighter which means less depth you can see that   it's narrower so it's not impacting as much of the  RightWay if you look at the school area you'll see   a lot less impact to the area around the school  that's generally their playground and if you get   to Central you can see a real mark difference on  what's happening there uh that have less a lot   less impact on Commercial development what's going  on in the area so you really see some improvements   between these two uh with a 50-year event I'm  going to show you another one here in just a   minute but I I want to talk about some information  that we looked at also relative this is really   what started to make an impact for us and we felt  like we could find a way to get to a solution so   to explain to you what's on this table and this  is looking at from the July 2015 50-year event   on the left side of this table is the intersection  each of the intersections along Blackley the next   column over is the existing conditions modeling  that storm what the maximum depth is I'll come   back to that then we look at the maximum velocity  and then what's called a waiting safety Factor the   United States Geological Survey uh provides that  this waiting safety factor is one of the things   that's really important to look at when you're  looking at Life Safety in these typ of events   and what it does is it takes the maximum depth  times the maximum velocity anytime you exceed   10 or greater it becomes a really real problem  uh for Life Safety I'm not going to go through   all of these but the darker it gets the worse it  is uh so on the depth the yellow is less than one   foot of depth red is more than two feet what  I might just ask you to focus on is the second   line is Waterman Street without going through all  of these but I'll just walk you across there and   show you that the difference that this will make  the maximum depth during that July 2015 storm as   modeled was 2.63 feet with a velocity of 6.18 ft  per second giving that waiting safety factor in   excess of 16 and keep in mind anything over 10 is  considered to be a real problem with the proposed   improvements we take almost two feet off of that  depth down to 2third of a foot maximum velocity   is under 2 feet per second and a waiting safety  factor of 1.22 that is significant during an event   like this and makes a huge difference uh generally  on people being able to still do what they need   to do so I just wanted to mention one of those and  I'm going to go on to this next event and show you   that this is even more impactful on the types of  storm events that we would see on a more regular   basis the event that happened in July of 2016  was considered a 25e storm 4% chance but probably   something that we could see on a more regular  basis and any of the storms we would see would be   smaller than this if you start at the top again  that's the same map you saw the last one shows   the uh existing conditions you see the impact on  the school if you move to the bottom here you will   see a huge difference uh generally it's kind of  hard to pick up most of the areas where there even   is any blue Douglas Avenue it goes away most of  Blackley you don't even see it at Central there's   hardly anything left there we still pick a little  bit up to the north uh because that part's kind   of hard to accommodate at without really really  getting into a lot more cost but we think this   one showed as much promise as anything of why this  project should work I'll show you this again we'll   talk about Waterman uh during that storm the  maximum depth was 2 and A2 fet waiting safety   factor of 14 you will notice with the proposed  improvements all of those numbers are zero meaning   that we take care of all of that runoff that  happens during that rain event so it was exciting   to see this uh this makes a lot of sense it makes  us a lot more scientific to show that we think we   can really make improvements here uh I'll tell  you what'll happen the there will be uh at some   point in time assuming we move forward with  this project if there's a massive rain event a   100-year event in that Basin uh there's probably  going to be some issues but they still won't be   near as bad as what we see today uh want to talk  real quick about the impact during construction   because this is something we started talking  the property about we will continue to talk   to them because it's going to take some time for  this pro project to evolve and get built so what   you're looking at here what's going down to the  left is the existing concrete channel that goes   to Kellogg uh the VA hospital is just down below  left of this view what you see in those dark black   lines is the proposed storm water Culvert this is  a big structure and I'll show you more on this in   just a minute but this is a really big facility  it's what's needed to be able to make this house   happen so what happens is those two red lines  would be new sewer lines because the existing   sewer is right in the middle of the road and so  something's got to happen if you're going to put   the storm sewer structure in there there's a lot  that has to happen with existing utilities this   is going to be impactful to the neighborhood but  what we will do during design and we have some   experience with past projects that'll show you  is we'll do everything we can to help limit that   impact but there will be times when access will be  challenged we mention this to the property owners   and we will come back to them this is a really  good depiction of what shows uh the cut of the   street looks like that gray box in the middle is  the proposed storm sewer structure um at the very   Downstream end of this project that structure  will be 14et wide and 9 ft tall so it's a very   large structure it'll get smaller as you head  Upstream but even at the far Upstream end we're   still talking Box about a box that's 10 by six  that's what's needed to really make this happen   the green lines are showing the new sewers the  blue lines are showing the new water it's slow   construction is you've got to go in and do these  utilities you've got to start moving on this box   it's very slow what we will do is to continue  to look at ways that we can help provide as much   access as possible um again talking to a lot of  the property owners I think I think I don't want   to speak for all of them they're willing uh to  work through this knowing that there's going to   be some challenges knowing that there's going  to be some struggles during construction but   the end result is going to be so so much better  the picture in the upper right shows a previous   project where we just got started tearing out  the entire street because that's what it takes   to get these done one two more examples on the  left was uh drainage improvements on 17th Street   North you can see the impact that has taking out  the entire Street and I mentioned the size of this   this box covert you're looking at here I think is  probably 8T wide by 8T tall so keep in mind ours   will be another six feet wider and another foot  taller so it's very impactful uh to what it's   and it's just slow going on construction I don't  want to over playay that but I just want to make   sure everybody's aware of what's going going to be  coming so talking about some of the financials the   design fee to date is just under $1.1 million  the proposed supplemental design agreement is   1359 million for a total design of $2.4 million  I might mention real quick uh because this is a   sizable project including on the design side  when we solicited uh um a consultant to begin   this project and to develop the design concept  at that time we said once we got to this point   we would have the option to move forward with  that same consultant with a supplemental design   agreement so I just want to make sure you knew  that it's fairly standard what we do on these   larger projects but it's important to have that  that in there as we go forward the existing budget   of $1.3 million of storm water utility funding  was approved by the council in September of last   year so so the adopted CIP includes $12 million  each in 2024 and 2025 just over $12 million in   2026 for a total budget $36,250 th000 all of which  is funded by the storm water utility funds staff   recommends initiating an additional $3.4 million  at this time for final design project management   utility relocations for a revised budget of $4.7  million I know there's a lot of numbers we will   be coming back to the council at a later date for  approval of the construction funds so I wanted to   talk real quick about what's next because this  Project's going to take a little while to get   done and get to we would anticipate to start Phase  One Construction at the downstream end which is   rebuilding that channel in 2025 as with a lot of  these projects working with franchised utilities   and the necessary relocation not only public  utilities water and se but franchise utilities   is a big deal there is I'll mention just quickly  to there is a communication stuck Bank in Douglas   that serves most of East Witchita that the utility  is anticipating could take them up to two years to   relocate because of all of the splicing efforts  we have started working with them right now to   establish them being able to get started so that  we can time it that we can hopefully get there   at the same time they're out of the way we're not  going to wait two years to start our project we'll   start moving that direction so that we can get  there at the same time uh communication of updates   with property owners will happen throughout ESP  especially looking at the schedule and the impact   during construction all those things I talked  to you about today as we continue to refine   those uh we will continue to communicate with we  don't want to show up with a contractor and say   we're here without giving them a little bit more  idea of what's going to happen at that time we   anticipate to complete the entire project in 2028  um I always look at those dates and feel like it's   20124 and that seems like a long time away but  I in my 29 years of being involved in building   projects for construction years seems to go  really really fast so uh I say that to try to   be optimistic because I think it will go quickly  but we're just happy to be at this point and being   ready to move forward so with that staff recommend  city council approve the design concept revised   budget supplemental design agreement number two  adopt the amending resolution and authorize the   necessary signatures and I'd be happy to stand for  any questions questions for staff beginning with   council member Tuttle thank you um great job Gary  as always and happy National Public Works week   thank you again for bringing so many of your your  colleagues up with you appreciate that um I I love   the fact that you're communicating early with  residents I think that's going to be so vital   especially you know when people's driveways are  going to be impacted all all the things um I am   also deeply appreciative of the fact that safety  is the number one priority it seems like in this   project so thank you for that um great job to  council member Johnson who was on KSN this morning   I saw an and was able to give some update for this  I saw SES of 51 that it's going to be complete in   2028 which like you said will be here before we  know it but in the meantime between now and then   and this is just a logistical question because  I'm curious I'm going to be incredibly supportive   of this is important project but when we're this  already kind of a a you know vulnerable area right   for flooding when things are in construction and  really being torn up and it look like big trenches   or whatever you call it will be dug is that going  to be even more dangerous if by chance we had one   of these hundred-year Reigns during the time  and what's the backup plan very good question   so uh what ha happens here with this project  in particular and I I'll let me just go back   to this map if I can get there sorry so they'll  start what we would say down at the downstream   and the bottom end at Kellog and there's that's  a concrete Channel all the way up to Waterman   they're adjacent to uh the VA hos hospital so  just even the work alone on that channel will   start to make some improvements okay with rain  events and it won't cause quite as many issues   as it does now so the start moving that way our  contractors know they have to accommodate anything   that happens during construction it's not always  ideal uh but they will be ready to take that on   it's in our contract documents they cannot make  matters worse but as they start moving North and   putting that box in the ground uh they will have  measures in place that they can take that that   drainage effectively through what they have put  into the ground at that point um it's gets tough   right on Project like this you saw what happens  during construction if we would get a major major   event it's going to be a challenge uh luckily uh  in this area a lot of the houses set up I'm not   aware over time that there's been many structures  that have taken on water uh so we have a little   bit of freeboard built in and I don't take that  light say that lightly at all but but it's part   of what we do and that's a great question so  and I knew you'd have a great answer you're   the expert I'm just the advocate so thank you  and great job thank you council member Johnston   Gary thank you that 9 foot by 16t structure that  allow the water to move faster down stream sure uh   uh it it will it'll allow the water to move more  efficiently once we get the water underground um   it'll it'll get things cleared out quicker I mean  that's part of the formula here right right now   the water's just kind of piling up in the street  it's hitting some of those intersections it's   going down side streets um and it's just not near  as efficient as getting in that concrete box so   effectively yes by the way I've seen cars in the  70s and 80s float down the street there so you   are correct I chose not the things we're trying to  take care of yeah um when that water hits Kellogg   where does it go so it continues Downstream  Kellogg is is a restriction uh to this entire   area so I'm I'm glad you asked that because I'll  tell you the question that's been asked is why   don't you just why don't we just open it up at  Kellogg so effectively Kellogg right now has a   metering effect on this water but it's what causes  a lot of this to effectively back up Upstream uh   if we open that up at Kellogg all we're going to  do is take this same problem and move it south   so what we need to do is we're going to leave  that in place and deal with it more effectively   Upstream from there um and that's that needs  to stay there that channel serves a purpose so   that the water can basically pile up in there and  get be released as it needs to because if we're   not careful just flood everybody Downstream from  there at the same time if that makes sense okay concern any further questions for staff  I see none we'll open it up for public comment I see none I'll bring it back to the bench I know that this resides in council member  Johnson's District um but before I uh I'll make a   couple of remarks we did drive by there on Sunday  after the rainstorm and saw just how flooded it   got on Bley and I felt for those res residents  over there um and I understand that this is going   to be a big investment um but it is going to be  through the capital Improvement program as well   as storm water um storm water utility uh funds and  again this is being spaced out this project itself   is $36 million um and again a phased approach  for until it finally finishes which would be in   2028 this passes um and again I saw firsthand  just how bad it got down there and I know that   council member Johnson has spoken with residents  from that area so I'll now pass it to council   member Johnson thank you mayor um first definitely  want to thank our team Public Works and utilities   team uh for all the work that you all have done  over the years all the iterations of this um all   the extreme uh options as well as this one so I  appreciate working through that and the PEC team   I am excited about um this item because I don't  think I've ever said this my first actual house   campaign thing was on Blackley when the entire  group that was there told me that they wanted   to finally see a resolution on this and then uh  Public Works and utilities it might have been   you Gary that told me this was the number one  flooding issue for decades here in which it's   and now we are here with a design that's going  to work and really help this neighborhood um   there was only one person I've heard from that  wasn't in favor of this and their only concern   was the cost and they thought we should use Gates  instead of doing this actual work everyone else   was okay with the inconvenience because they  wanted to see no more cars or trucks going   down the street and go in two blocks to get  their trash cans um so again I'm excited about   the work and thought that has went into  this the best value for the investment   um this is a really good plan and so with that  I would move that the city council approve the   supplemental design agreement number two adopt the  amending 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 60 Adam Clerk please call the  next item approval of travel for council member   Johnson to the Kansas Commission on peace officer  standard and training in toeka Kansas May 30th 2024 I see um a motion to approve by council  member Glascock and I'll second that any   further discussion I see none Madam clerk  please open the r motion passes 60 Madam   clerk please call the next item approval of  travel for mayor Lily woo to attend the Kansas   League of municipalities League governing  body meeting in Concordia Kansas June 7th 2024 I move to approve the tribel second motion   and a second any further discussion  I see none Madame clerk please open the motion pass 6 Madam clerk please call the  next item approval of travel for mayor Lily woo to   attend the US Conference of mayor's conference in  Kansas City Missouri June 20th through 21st 2024 a   motion by council member Glascock I will second  if the mayor will take Station 8 to Mayor Lucas   in Kansas City and tell him that we have better  barbecue I can purchase that there we go second   motion and a second any further discussion I  see none Madame clerk please open the r motion   passes 60 Madame clerk please call the next  item council member appointments and comments   are there any appointments I see none are there  any council member comments council member hoisel   thank you mayor um Sunday my family and I were  out at Watson Park um during the day and there   was an unfortunate incident that happened out  there um a young man did end up drowning in   the lake um so we we made our way down there as  soon as we saw emergency Personnel pulling down   first thing I'd like to say is condolences to  the family it's never easy to lose a loved one   especially one in the prime of their life um but  I did want to speak about uh the First Responders   when they got there they jumped right in they  immediately began searching for the individual   it really is something to see when people  will just throw themselves into a situation   not knowing what's going on in there and uh  putting their lives at risk potentially so I   did want to say to um all the First Responders  who were out there that day WPD and fire and   we had some County colleagues as well show up um  and just any First Responders we have out there   in general that I do appreciate all the work and  effort and when I see it firsthand like that it   really solidifies just how much you have invested  emotionally physically mentally and everything you   do and doing your job and protecting me and my  family as well as the rest of the community so   I did want to offer condolences to the family  and tell all of our staff out there that I   really truly do appreciate the work that they do  council member Tuttle thank you council member   H Isel for your words I I really appreciate  that and for you being so thoughtful I had   debated whether or not I was going to make this  comment but since you did I'm I'm just going to   pile on a little bit um Saturday at my own home  I had an incident um and within two minutes 3   minutes witch fire department was there and they  came in they kept me calm um took care of the   situation made sure that everything was okay and  it was just really resonated with me that these   could be my neighbors it could be council member  Johnson's neighbors any of us so just thank you to   our First Responders police and fire but seeing  it firsthand and having it impact me personally   really just shed more light on the great work that  they do and how lucky we are in our community to   have professionals who are willing to put their  lives to be able to take care of ours so thank you thank you council members  any further comments I see none   I move that we adjourn this meeting excuse me  mayor and we have a we have one more trying to   okay sorry um we have a special executive  session um I move that the city council   recess into executive session for 30 minutes  to receive information on Municipal Court   Judge vacancies pursuant to KSA 75- 4319 B1 to  again discuss Personnel matters of non-elected   person Personnel uh the executive session is  required to protect the Privacy interest of   an identifiable individual do I have a second I  motion to Second motion and a second any further   discussion I see none Madame clerk please  open the B oh council member Johnson sorry   what time does executive session start sorry  uh it will begin at 11:10 we'll come back at 11:40 motion second Madam CL please open  motion passes 60 we will return at 11:40 a.m. for