Heat. Heat. Good morning, Witchaw, and good morning to all  of you. Thank you for joining us for this week's   city council meeting. I call this meeting to  order. With us this morning to provide our   invocation is Reverend Ben Staley of Chapel Hill  United Methodist Church. We will have the pledge   of allegiance following that invocation.  We ask that you please stand for both. Let's let's pray together. Oh Lord, we today pray  for peace and the protection of our military as   well as our people throughout the world and also  wisdom for our president. And we believe in your   love for each of us, all of us, and have given  us your promise of a future and a hope to all who   trust and follow you. And what you wish for us,  you wish for our city. a future and a hope. Guide   us in the way you would have us go, especially  through this election process today. Help us   to have the heart and mind of Christ to consider  not only our wants, but also the needs of others.   guide our mayor and city council members to always  do what is best for all of us, putting our people   first above all personal agendas. We pray for  your presence and protection in our neighborhoods,   our schools, our hospitals, our families,  our churches. Guide and watch over our first   responders. bless all in our community and give us  the courage to love one another as you have loved   us no matter what might be our differences  and we pray it all in Jesus name. Amen. To the rep for it stands one  nation indivisibley for all. Thank you, Pastor Staley. Madame  Clerk, please call the first item.   Approve the minutes of the regular meeting  February 17, 2026 and February 24th,   2026. Council members, are there any items  to be edited? I see none. I move to approve   the minutes of the regular meeting  February 17, 2026 and February 24th,   2026. Second. Motion. Second. Discussion.  Seeing none, Madame Clerk, please open the role. I motion passes 70. Madame clerk,  please call the next item. Awards and   proclamations. Today's proclamations are women  in construction week 2026, procurement month,   and education and sharing day. Can I please  ask the NWIC to come forward at this time? The proclamation reads, "The city of Witchah,  Kansas, founded in 1870. Whereas the greater   Witchah Kansas chapter 120 has distinguished  itself for 60 years as the voice of women in   construction in Witchah. Whereas the work done  by the Greater Witchah Kansas chapter 120 has   benefited Witchah through community development  and educational programs as well as un uh   promoted the employment and advancement  of women in the construction industry.   Whereas the construction community represented by  Greater Witchah, Kansas, Chapter 120, has been a   driving force in fostering community development  through renovation and beautifification projects,   promoting skilled trades careers,  and a positive vision for the future.   Whereas this year's WIC week theme,  level up, build strong communities,   careers, and futures, champions the legacy,  amplifying the present and builds the future   of women in construction. Now therefore, be  it resolved that the Witchah City Council   does hereby proclaim March 5th through  11, 2026 as Women in Construction Week. Thank you. It is a great honor to be a part of  this organization. We have um we're celebrating   60 years this year um just in a few weeks. Um  so if you would like to know more about Naiwick   um we are nawwic witchaw.org. Lots of great  information out there. We've got a Facebook   page with all the events that we have  going on this week. And yeah, thank you May I please ask all those in purchasing and  procurement to come forward at this time? The proclamation reads, "The city of Witchah,  Kansas, founded in 1870. Whereas the public   procurement profession plays an important role  in obtaining the greatest value for each taxpayer   dollar spent in the procurement of goods and  services. Whereas the purchasing division of   the city of Witchah provides logistical and  operational support to all departments within   the city of Witchah. Whereas the purchasing  division works to ensure fair and transparent   procurement practices, procurement in compliance  with applicable federal, state, and local laws.   The purchasing division is committed to providing  highquality services efficiently and effectively,   strengthening supplier relationships and promoting  small and emerging business enterprise program   opportunities. Whereas the Institute for Public  Procurement has proclaimed the month of March   as procurement month to further expand the  awareness of the procurement professionals   role to government officials, the general public,  business, and corporate leaders. Now, therefore,   be it resolved that the Witchah City Council does  hereby proclaim March 2026 as procurement month. Thank you, Mayor and City Council. I promise  I'm not running my staff off. I had two tenure   retirements after 40 years recently, and we have  a pre-bid and credit card trainings going on. So,   the work continues. Um, I want to thank the city  council, city manager, and director of finance   for their continued support and commitment to our  purpose. Thank you to our departments and vendors   who give us a reason to support, facilitate,  and advocate for our process and outcomes.   It's with great pride and gratitude we accept  the proclamation recognizing March 2026 as   procurement month by the city of Witchah. This  year, in acknowledgement of our new city manager,   Manager Marstall, I'd like to share purchasing's  why. The city's establishment of purchasing   policies and procedures began with the creation  of a limit of the purchasing managers authority   established in 1929 at $1,000 under the  tenure of city manager Bert C. Wells. The   purchasing agent called back then was appointed  by the city manager. In 1949, the first version   of the purchasing manual was created outlining  extensive work and subject matter collaboration,   including local university professor Hugo Wall.  This work product contains text and reiterations   of guidance that resemble language found in  most recently published purchasing manuals.   Purchasing's earliest references are inexplicitly  tied to the city manager. This relationship   remains true today in the profession service to an  agency. City manager Lewis Russell Ash is credited   during his term of 1917 with early advancement  of internal controls within purchasing. These   advancements are outlined in the city manager  offic's publication of managers Ash's biography   stating a definite step forward in purchasing.  Under the old regime, the purchasing of supplies   was left to various departments and this was  found to result in confusion and very often   purchases were made without proper authority.  Often the employee doing the work would order   the article needed and the first information  regarding it would be the invoice or bill. Also,   it was difficult to keep a proper check on prices  and to prevent the duplication of bills. Under   the new plan, no purchase could be made except  upon proper requisition. counter signed by the   manager. In this way, no purchase was permitted  except by proper requisition in a check was kept   which prevented duplication of bills by giving the  auditor a copy of the requisition for notation on   his records. This was certainly a step forward,  although a single purchasing agent was not   placed in charge until Bert C. Wells became city  manager 10 years later. As we enter this month,   let us recognize procurement establishes the  work to support best value in price safeguarding   against fraud, waste, and abuse. Purchasing does  this through establishment of internal controls   afforded and purchasing policies and procedures.  These topics are not fun and they're not easy to   discuss when evaluating these purchases, but  they're essential to guide the invaluable work   the city does. In every project, a story exists  where purchasing staff objected to a process we   couldn't defend. We advocated for a department  request. We advocated for a small business   opportunity or advocated for the taxpayer that  informed the final business decision. Our office   cannot be more grateful to work for an employer  that empowers us to advocate for procurement best   practices that guide our city toward continued  success in trust and service. Always striving,   always improving. All of these efforts to  support the city's purchasing activities   could not be possible without the purchasing  staff that facilitate this work daily. Thank you   for the fantastic staff and your dedication.  I see you. They all see you. We thank you. May I please ask the Habad of  Witchah to come forward at this time? The proclamation reads, "The city of Witchah,  Kansas, founded in 1870, whereas education,   the cornerstone of a strong and free society, is  more than the transmission of facts and figures,   it prepares children for lives of responsibility  and purpose by forming and strengthening moral   character. Whereas Rabbi Menahm M. Schnersonen  known as Rebby was a global spiritual leader and   leading advocate for the advancement of education  who taught that moral and ethical education   empowers every individual to realize their full  potential and transform the world through acts   of goodness and kindness. Whereas March 29, 2026  marks 124 years since Revy's birth and his vision   of a world grounded in peace, justice, and human  dignity was advanced through his promotion of the   seven laws. Principles that uphold respect  for life, honesty, family, generosity,   and the building of a just and moral society.  Whereas education and sharing day is observed   annually on the reby's birthday in recognition of  his lasting contributions to education, morality,   and charitable acts and serves as a reminder of  our shared responsibility to provide youth with a   strong ethical foundation for lives of purpose and  service. Now therefore, be it resolved that the   Witchah City Council does hereby proclaim Sunday,  March 29, 2026 as Education and Sharing Day. Honorable mayor, members of the city council,  and dear friends, it is truly an honor to stand   today as we proclaim March 29th education day  in Witchah. This day is recognized across the   country and the world in honor of the birthday of  the labba rabbi. The rebba taught that education   is not merely the transmission of information  but the cultivation of character. True education   must shape not only knowledgeable minds but  compassionate hearts and responsible citizens.   Today is also the holiday of Purum. It's a Jewish  holiday that celebrates a moment in history when   our ancestors faced the threat of annihilation  by a wicked man, the evil Hmon in ancient Persia.   The Jewish leader at the time, Morai, gathered  22,000 children to study and pray. And with   that merit, Queen Esther was able to save the  day. This year, the story of Pim resonates with   urgency and emotion for many around the world.  As communities in Israel mark this holiday,   many are not on parade routes. They are taking  shelter as bombs fall and the very real fear that   danger once again looms. The answer to extremism  and ignorance is not silence. It is education.   Education that teaches the value of every  human being. Education that instills moral   responsibility. Education that builds bridges  instead of walls. The Reba suggested that a way   to instill this into the children in public  schools across the nation is to institute a   moment of silence. A moment at the beginning  of the day when the children have a chance   to think and reflect on what is important to  them. When the city proclaims education day,   it is making a powerful statement. It is saying  that knowledge matters, that character matters,   that our children matter, that the future of  Witchaw will be built not on division but on   understanding. Today, our city goes to vote on  a matter that has brought out great passion,   but more importantly, discussions about the  issue. And today, I want to say clearly,   I vote yes to education and I vote no  to ignorance. May Witchto continue to   be a city that invests in learning, in morality,  and in raising a generation that is thoughtful,   courageous, and compassionate. Thank you for this  honor, and may we go from strength to strength. Madame clerk, please call the next item. Five minutes each to address the council. Please  bear in mind that this is not a period of dialogue   with council or a question and answer period.  This is your opportunity to address the council   with your concerns. I ask that you address your  remarks to the city council as a body and not to   any individual council member. No action will be  taken relative to items on the public agenda other   than referral to the city manager for information  as necessary. Speakers will please speak into the   microphone. Please state their name and address  for the record. A time clock will display the   speaker's remaining time to speak. Order  and rule rules of decor will be observed.   We do not have any speakers signed up. Would  anyone from the community like to address the   council? Please state your name and the district  you reside and you will have five minutes. My name is Janice Bradley  and I live in district 6. We are living in dark times. Saturday morning, we  awoke to news that the US president has started   World War II on orders from Israeli PM Prime  Minister Netanyahu. This is a war of choice,   not necessity. And as usual, Trump  is lying about everything. 65 Iranian girls died in the earliest bombings on Saturday.   We've already been in mourning over the  vicious and brutal takeover of Minneapolis   by the fascist ICE and Border Patrol agents  who have shot and killed, executed activists   standing up to protect their neighbors from  violence and abductions and imprisonments. Do these issues haunt your sleepless nights,  keep you awake? They do me. So, Sunday,   uh, I attended a community meeting  regarding the shooting of DeAndre Hill,   a young black man on January 20th by Witchaw  police. DeAndre was a beloved community member   worker at Planet Fitness and he was shot  while just outside his apartment door by   the Witchaw police who were answering a  welfare check call about a woman crying. So they heard some noise around his door.  It was 1:00 a.m. He was playing music and   uh he ended up getting shot and  killed by Witchaw police who were   there to check on somebody else,  a woman. There was no woman there. It's just a un a senseless killing. And it  reminded me of the swatting incident in 2017,   December 27th, uh 28th, Andrew Finch, who  went to his door to check out a disturbance. So, uh, family and friends and community  members all have questions about how this   could have happened. We are calling on the police  to fulfill the family's demands to release the   complete body cam footage, conduct a thorough  investigation, and asked that the district   attorney bring charges. DeAndre had a gun, but  he didn't deserve to die. Just like Alex Prey   in Minneapolis, he was executed for exercising  his Second Amendment right just having a gun.   He didn't shoot it and he was shot nine  times. That police officer emptied his   gun into that man. Now even, you know, one  shot, maybe he had a chance to survive,   but nine in the chest, no. No way. And that's  just absolutely stunning and unnecessary. So, I ask the council to weigh in on  this and call and support the call for   a complete investigation and the release of  the body cam footage to the family. Thank you. Would anyone else from the community like  to speak? I see none. Thank you for the   public comments. Madame clerk, please call the  next item. Consent agenda items 1 through 18.   Council members, are there any items from the  consent agenda that you would like to pull? I see none. I move to approve consent  agenda items 1 through 18. Second.   Motion second. Discussion. See none.  Madame clerk, please open the role. Motion passes 70. Madame clerk,   please call the next item. Board of bids  and contracts dated March 2nd, 2026. Good morning, Mayor, City Council. Josh  Lober, Department of Finance. Board of   Bids and Contracts convened yesterday,  March 2nd, 2026 for the following items.   For engineering, we have the Laguna Street  and Spring Hollow Drive to serve Clear Creek   third and fourth edition phase 8 for Pearson  Construction LLC in the amount of $166,618.50. For purchasing, we have liquid phosphate for  Shannon Chem Chemical Corporation in the amount   of $58,850 awarded by the successful  coin toss Friday for two tied bids.   We have one Massie Deluxe 6S1 165 tractor for  John Schmidt and Suns Incorporated for $183,472. We have the AIA operational control licensing   subscription for Logic Incorporated for  a three-year aggregate total of $418,10. This is how to become a vendor with the city.   This is our purchasing calendar of small business  resource partner events the city's hosting or   participating in. And these are open public  opportunities out on the street today. And   I'd be happy to try to answer your questions  and recommend your approval. Thank you, Josh.   Questions for staff? I see none. I move to approve  the board of bids and contracts dated March 2nd,   2026. Second. Motion second. Discussion. See  none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call  the next item. Fire station construction. Good morning, mayor, city  council. Tammy Snow, fire chief.   um here today to ask you to um approve the  funding for new fire station number 23. Fire station number 23 will be one of the very  first fire stations that we built since 2009.   Um it is currently um located will be located at  the northwest corner of Ponyie uh and Maize Road.   Its official address will be 2353 South Maze Road  and it zip code is 67215. Um we purchased the land   uh $475,000 approximately in 2024. Um there's  approximately 2.49 acres and the total square   footage of the of the fire station is $9,860.  Um our target was to keep it under 10,000. This fire station will be the very first fire  station that we have that aligns with our health   and wellness initiative. Um, as you notice  here, we have eight individual bunk rooms.   The station will open with one fire apparatus.  Um, and but when you build a fire station,   you build it for 50 years. So, it has expansion.  It has expansion so that excuse me so that when   the um when the area grows we'll have room to  add additional units um apparatus into this   particular station. Um that's the reason for the  eight bunk rooms instead of just four. Um if you   notice also we have one bunk room that's a little  bit larger. That bunk room is ADA compliant. Additionally, this is another feature uh  that aligns with our health and wellness.   This is a decon uh uh area. This particular  station, the members that are assigned to   this particular station will receive a second set  of personal uh PPE gear as we go through and we   um continue to add new stations and  continue to rebuild our existing station.   This is a feature that we um have planned for so  that little by little all of our firefighters will   have a second set of PPE. So if you notice  here, this is an area in which they can go   in and shower as soon as they're done with  the um as soon as they return from a fire.   It has it will have its own PPE extractor  washer and it also has a drying cabinet.   Uh so they can take their their gear off um  wash and dry it, put their second scent on. Another additional feature for the health and  wellness is the updated st station alerting.   Um this particular station alerting um it  reduces it minimizes it's not a very real   loud sound. Um and it um will kind of it it  revs up um it starts low and then revs up. It   also has the minimizes the nighttime  light disruption. Uh this particular   um alerting system, you know, we have funding  for it. This this alerting system should be   installed in all of our fire stations by the  end of the year. So, um excited about that.   And also this particular alerting system if we  have multiple units in a station and once they   log into the CAD system and they identify what  bunk rooms in the future what bunk rooms they'll   be residing in it can just notify those specific  bunk rooms and not um wake up the entire station. So, I'm here today to ask for the funding uh from  2025 and 2026 for new fire station number 23. Um,   in 2025, we had uh a loted $4 million to build  this station. as we begin to uh begin the design   work and start to gather information from other  construction cost. For example, PD's new east uh   substation, um Andover's new fire station, um the  construction cost uh rose from 400 square feet to   500 and a quarter. So, we knew that we didn't have  enough money at 4 million. So, last year at CIP   time, which is about this time, uh we added $1.25  million. Uh, so the the amount that I'm asking for   today is $5.25 million. Uh, currently the station  comes in at um the proposed bid is 5.179 million.   So we should come in underneath budget. With that,  um, I recommend that you adopt the project, adopt   the bonding resolution, authorize the necessary  signatures, and I'll stand for questions. Thank   you, Chief. questions for staff beginning with  Council Member Hoheisel. Thank you, Mayor. Um,   thank you, Chief, for all your work on this. Um,  especially with the the bunker cleaning gear.   That's we all know the the rates that firefighters  get cancer far outweigh what anybody on this bench   does um and their families as well. So, is this  going to be a template moving forward for the   new fire stations? Yes, sir. um anything that we  rebuild or any new stations and Tes is the current   architect for this. When the bid went out, uh  the original bid, it was to build the next three   fire stations. So, this is station number one.  Next on the agenda is station number eight. So,   we'll use the same template. And yes, as we move  forward, they'll all all have the same features.   Okay. I appreciate that. again, thank you for  your work on um addressing some of the safety and   health concerns with the firefighters um moving  forward. So, I do appreciate that. Thank you,   Chief. Council member Ballard. Thank you, Mayor.  Thank you, Chief, for the presentation. Super   excited to add some more fire stations uh for  our community. Quick question about the um design   cost. So, it says 1.5 million and that's for three  stations. Is that correct? But I just want to make   sure I understand the template. Oh. Oh, you're  talking about the design on it. Yes. Yeah. The   original it was for the three stations. So, when  I just talked about it's for this station. Um,   and then there's um for station eight, which  should be the next one that we build and then   station 15. So, it's for three. So, the template  is basically not just setting. I mean, there might   have to be like change the way that it's sitting  on the property, but when you say the template,   is this is this three separate designs or it's  going to be the same design for 15 uh 23 and 8?   Yeah, it it's primarily the same except there'll  have to be tweaking because it depends on how big   of a lot that you have. Um, so like for station  8, you're pretty familiar where station 8 is. So,   we'll have to turn it. We're going to have to  turn that one. We'll probably elongate it. Uh   so we'll add an extra bay to it. So that design,  this particular template has two bays to add an   extra bay. Doesn't take too much. Not my mind, but  in architect's mind, it's an additional cost. So   yeah, it they'll be tweaked a little bit and  that's where the additional funding come the   additional money that we've uh asked for comes  comes in. Okay. Um, and last question is when   you guys were designing um the new modernized  things that you're adding to the station,   um, I assume there was a board that made those  types of decisions and was there any current   firefighters um, on the board that was helping say  we might need this or we don't use this and some   of our old stations have this? Yes, we sat um, we  went through very months of meetings. We involved   everyone uh, gamut. We had um everyone from um  the union. We had people represented there on   the union. We had firefighters that were invited.  We have battalion chiefs that were invited. And um   um everybody had an opportunity. We kind of used  the whiteboard approach where you put everybody's   ideas down and then you go and start um you know  crossing things out or adding things um to align   with like health and wellness and those kinds  of of things. Great. Thank you, Council Member   Johnston. Thank you, mayor. Thank you, chief.  Present presentation. Where where does the uh   next fire st Northwest fire station? I know this  the next greatest need is in Northwest Witchah.   Yeah. Between district five and six. We we should  I have money in 2026 for land purchase and then   in 2029 it would be build. Okay. Two years  later then. Okay. Any way we get that moved up?   Well, I need to get the land first, sir. Okay.  Okay. We're working on that. Okay. Thank you.   Yeah, Chief. I have a couple more technical  questions. So, um, back to the green sheet,   and I think Council Member Ballard alluded to  this. The design for three separate stations.   And again, for people who are watching, station  8 is over at Central and I 235 and station 15 is   over at Rock Road in Lincoln. Um, so the design  for these three stations is $1.5 million. Is this   in line with most design costs? Yeah, usually, in  fact, these are really at the kind of the lower   side. Most of the time you figure about a half a  million dollars for design. Um, and these these   three scopes of uh for this particular project  is based on whether or not they have to build it   on what they refer to as a clean lot or not. Um  so for example the first one station 23 it's not   been platted it's not been developed. Um that's  the reason why that particular station's a little   bit more expensive. Station 8 you see that um it's  already been platted. It's been developed and so   um those two station 8 and then station 15's the  same way. In addition station 8 and station 15   are both um buildings already sitting on that  property. Um are demolition costs also taken   into account in the design or is that more in  the construction? And if so, um can you give   approximate costs for the future number eight and  number 15 stations? I'll have to get back with you   on that. In regards to demo, uh demolation costs.  I'll have to get with public works. So, I'll get   back with you. Thank you. Um and then there's  some confusion by community regarding the CIP.   Um, I know that today is the sales tax vote. Um,  maybe this question is more for the city manager.   Can you address um how the city is going to fund  the construction of this new fire station with   uh without the sales tax and what would happen if  the sales tax passed? Well, this and some other   items, thank you, mayor and council. Uh this and  some other items on the agenda have been planned   have been in the hopper for a while and so they  are included in our 10-year CIP. So this would be   with our general obligation bonds as of now. This  will go forward under that bond process and so   these will be funded through general obligation  bonds. Now, depending upon what happens today,   we'll have a conversation with council at your  retreat about future CIP items and how they'd   either advance with sales tax support or continue  with general obligation bond, which is funded   with property tax support. Um, so that will be  determined. The remaining projects, we talked   about the future station potentially 2029. Um,  how that will be funded based upon today's vote.   So that will be a conversation still to come. Can  you also give an approximate since this station   currently as it sits in front of us right now  would be debtf funded. So we would have to take   out a loan in order to build this new station. Can  you talk about how much in interest cost this will   be? I don't have that exact amount in front of me.  Um but yes, when we do general obligation bond,   it is debt basically taken out a mortgage that  the city pays on. And so there is interest cost,   there is origination fees, different things  that go along with that. I don't have the   uh uh interest rate because again we get favorable  rates from the city for our financial uh bond   um rating. Um so there will be interest cost with  this. I don't have that exact amount today. Be   glad to follow up. I'd be interested in knowing  that amount. I know that obviously um not only   do we uh take out the 5.25 million there will be  interest in addition to that. It would be good   for transparency purposes to know what that  interest would be. Um now my question is for   staffing staffing this new fire station. Can you  address how this new fire station will be staffed?   Um our intent um if if it's approved by the  council is to apply for a safer grant. Um that's   a staffing grant. Um and allows us to hire new  new personnel. Um those grants come out well they   were already supposed to be out. Our original  information was that they'd be out in early   February. We haven't received any of the grant  applications yet. Um usually they come out about   this time of year and then you submit the grant.  Um, it's about a six-month process from the time   that you submit it before you hear back whether  or not that you actually receive the grant. Um,   so anticipate hopefully hearing sometime in  September or October in regards to um whether   or not we'd be awarded the grant. Um and then um  if if we were awarded the grant uh then our our   plan would be to start to class and it takes us  about six months to get firefighters through the   class. So uh by the time that we would start you  have 180 days from the time that you're awarded   the grant to actually um begin the class. So um  if we were to get the grant like in September,   we would start the class like in January. Um then  it's six months from there. So about this t about   the time that we would open this station in 2027  they would be ready to serve. How many positions   would you be asking in the safer grant? We  would be asking for 14. That's a that includes a   coverage ratio. What the coverage ratio is there's  there's four people on the apparatus but what the   coverage ratio covers is for um vacation time days  and sick leave. What's the amount that that would   increase the budget? Because safer grants are  only for a specific number of years, then the   city would have to absorb that into their budget.  Can someone give me the figures of how much that   would be that the city would then have to absorb  into the budget? Um they I mean I can just give   you rough estimates if you want exact estimates.  You know, we we figure about u $120,000 per   firefighter. So you um take 14 times 120,000 um  and that you know based on this current contract   um which should be um in 2027 by the time we hired  them they'd still be under this current contract. 1.68 million. Is that accurate? You said 120,000  per firefighter times 14. That is $1.68 six eight   million dollars that um eventually the budget  would have to absorb. Is that accurate? Yeah.   Well, if you're I'm letting I'm I'm I'm assuring  that you've done the math. I did not do the math,   but yeah, it's about 120,000 times 14. City  manager, uh can and can you also address how long   are safer grants? How many uh years is the safer  grant um able to pay those positions? And then   when would the city have to start paying for them?  I'll give you a little caveat on the safer grant.   Um each year they're a little bit different. Um so  for example, they're usually a three-year grant.   And I say usually because I've seen them at two  years also. Um the last time that we obtained the   safer grant was for the 42 positions for the  truck personnel, adding two new trucks. That   was a three-year grant with no match. Um they  oftentimes will have safer grants will have uh   where the federal government will pay the first 65  u% of the grant and the other 35% then becomes the   um responsibility of the city and then that  that number continues to shift through the   grant. So then the next year it may go you know  to 45% and 55% is the city's responsibility.   They it just varies. It depends on uh the grant  year um and how they're written out. And again,   this is if it is awarded. Um yes, there's no  guarantee that the city would be awarded. City   manager, can you address how the city would  then absorb these? Uh well, two questions.   If a grant only allows for 6535, does the budget  currently withstand having an additional 35%   absorbed into it? Um, and the the second question  is if the safer grant is really a full grant   that three years later then the city absorbs, how  will the city then absorb it into the budget? So,   two questions. Yep. Thank you, mayor.  Um, so we will have these conversations   as part of the budget process. that we give  you coming here at the end of March, April,   um the revenue projections that we will have for  the general fund support. And so depending upon   the safer grant, if it is a three-year zero  or partial, we will factor that against the   projected new revenue and present that to you to  council with other positions for the organization   as well. So we'll have more of this conversation  with known information probably about April. My second question now to you um following  that is to the chief rather that is if the   safer grant is awarded what if the safer  grant is not awarded what happens then well   um if we don't get if if we don't uh incur any  additional money in our budget for staffing then   we would have to reallocate people um and  um then we take a look at the data and see   um how we can move uh units  around and move people around. Thank you, Chief. And I see that  Mark just arrived, so maybe he has   the answer of how much of interest costs  this new fire station uh would incur. Morning, Mayor. Mark Manning with the Department  of Finance. Sorry, I wasn't here a little bit   earlier to answer that question directly. Uh,  as you know, every time we do a CIP project,   we we bond a lot of them. We pay cash for some.  But to your question, mayor, if we bonded a a   fire station, the interest costs over a 10-year  term would be somewhere between 1 million and 1.3   million, depending on the interest rates that  we received when we issued. So, an additional   million dollars in just interest um payments  alone. Is that accurate? Yes, ma'am. Thank you,   Council Member Ballard. Thank you, Mayor. Uh,  Chief Snow, I just have a quick question, and   this is maybe getting in the weeds a little bit,  but for station 8 and 15, since there are already   fire stations, and there will be rebuilds, um,  will those stations go down during construction   or will we try to do a temporary station or  what does that look like to fill the gaps?   Yeah, it just kind of depends on um we we'll work  with the construction people and try to figure out   um you know, will they need to totally vacate?  For example, like Station 8, can they stay where   they're at while they're rebuilding on that same  lot and then demo the building at the end? It it   just kind of I don't have a plan yet. It just  kind of we'll we'll work with the construction   people and see what options we have. Okay.  Thank you. Um, an additional question. So,   currently station 8, just so that that we're back  to resetting central and I235 is where station 8   is located. That is co-location between fire and  police right now. That's correct. And uh, the city   just broke ground on a new police substation for  the west side of town. So, they will be moving out   of that location. Is that accurate? and then fire  will take over that piece of property. Is that   accurate? Yes. Yes. Thank you. Um Chief, can you  address because this is a new fire station, uh the   justification of the need for fire station number  23. As you mentioned, the last time the city built   a new fire station was 2009, and there has been a  lot of expansion um out west in council member uh   GlassCox's district and council member Johnston's  district. Can you tell me the justification   um for a new fire station number 23? It it's um  we take a look at our data u based on our response   times out there and um we don't our response out  times out into the um west side of the particular   southwest and then the northwest section. We  have significant gaps in which we can't get units   there. And um it usually our our average response  time out there is seven minutes or more. Um and we   um sheet for um 4m minute response times,  but we have and then with the um additional   uh development that's going on out there um all  of our data indicates that we need to um provide   service out there better than what we currently  are doing. It's been a gap for us for many years   um prior to me even becoming the fire chief.  That's that's those two areas we've identified   for a long time. The only thing that helps us in  the northwest area is station 33. Um, oftentimes   it's a county station. They'll often times  beat us into that area at 37th and Ridge Road. Is there any uh fire coverage by the county  in southwest Witchah? Um, no. They don't have   any stations that are close out there. That's why  that one took number one president in regards to   uh building it first. Uh I know that this upcoming  month or this month in March we will have our next   onbunk between the city and the county and fire  is one of those topics. Um can you just address   um have you worked with the county to see if  there are any um shared services that could be   had in the southwest portions of Witchah Cedric  County. Um, Chief Williams and I continue to   have conversations in regards to shared resources  and how we can provide better services um to um   the community out there. Um, both of our thoughts  are uh the simple fact that when people dial 911,   they don't care what the color of your patch  is or what your patch is or what the labels   are on the outside of your apparatus.  What they want is um to be helped. And   uh that's his and I's philosophy. It's been our  philosophy since we've both become chiefs. Um,   it's why you've seen the black line go away  and we respond the closest unit to our calls. Thank you for the collaborative effort between  Cedric County Fire and Witchah Fire. Um,   I'm looking forward to the onbunk conversation.  uh because I know that southwest Witchah as you   mentioned has significant gaps and this  has happened for multiple years and so the   justification behind 23 will be helpful not just  in southwest Witchaw but even in the surround. So   uh thank you for answering the question  regarding the justification. I see no   further questions from the bench. We  will now open it up for public comment. I see no one from the public who would like to  address the council regarding this topic. We'll   bring it back to the bench, beginning with council  member Tuttle. Thank you. I just want to say thank   you to Chief and the Witchaw Fire Department. Um  we've been working on these wellness initiatives   for a couple years now. Um also want to thank  um President Bush with the local um IFFF135.   You and I have been to Andover to their new  station several times. We've taken the fire   union with us, taken other council members  with us. Um they really were a model for us,   especially for the sleep rooms. Um and for the  lighting, um that's very important. And then the   decontamination process and and so I really  appreciate you being a forward thinker and   being willing to think about how we protect our  firefighters to the best ability that we can. Um,   we're very aware of the firefighter cancer  screenings that we've been doing for the last   couple years, but it's more than that. This is  creating a culture of wellness within our fire   department. And I think this is what the future of  firefighting is. We need to make sure that we're   taking care of those who take care of us. So, I  just want to applaud you. I know it's change and   change is hard and maybe some of the firefighters  aren't always willing to embrace this, but I think   it's a new and bold concept that we need to look  at. And just as a side note from my public health   background and my health background, sleep hygiene  or how people sleep affects their health and their   quality of life. As a matter of fact, sleep is a  contributor to every chronic disease. So making   sure that we're not only having decontamination  but also the best living and sleeping environments   for our firefighters is is truly essential. So I  just want to applaud you again and thanks for all   you do. Thank you. Appreciate all your work on  the project too. Vice Mayor Glascott. Mayor, I   don't see any of my colleagues on the board right  now. And so I just want to say thank you, Chief.   This is closing a 17-year gap on public safety. We  know that our city's grown, but our infrastructure   hasn't grown to support that and especially  in South Witchah. And so, this is a huge step   forward. There's a lot of public engagement in my  district about it. I think I had a town hall with   80 people that showed up specifically about to  talk about the fire station. So, thank you for   presenting at that. The neighborhood's excited  about it. The community is excited about it.   And we know that we still have a long way to go  in catching up on public safety infrastructure,   especially with deferred maintenance. And we're  going to make sure that you guys get the resources   to do so one way or another. And so thank you  for your leadership on that. With that, I would   move that the city council approve the project,  adopt the bonding resolution, and authorize the   necessary signatures. Second motion, second.  Any discussion? Again, thank you, Fire Chief,   and thank you to Council Member, Vice Mayor  Glascock, who sat, I think, on this committee,   uh, regarding the new fire station that will be  in southwest Witchah in district number four.   Um, again, I'm looking forward to understanding  more um the future operations of this new station,   but the justification for a new fire station  in Southwest Witchah is the reason why I   will be voting in the affirmative. With  that, Madame Clerk, please open the role. Motion passes 70. Madame Clerk, please call  the next item. Public hearing and request by   Prairie Glenn MF LLC for approval of a letter of  intent to issue multif family residential revenue   bonds. Honorable mayor, members of council,  Troy Anderson, assistant city manager. Um,   in the interest of everybody's time, I have  a number of slides I'd be more than happy to   walk through if you all have specific  questions, comments, concerns, but uh,   we have received a request from the applicant  to continue this item to the April 7th agenda.   uh they'd like an opportunity to continue to  try to meet with you all and continue to try   to inform you all as to um kind of the details of  the project. Um given the the time constraints and   uh complexities of schedule uh felt like that the  continuence to April 7th gave them a little bit   more time to to talk to you all and some others  about the project. So with that being said,   this item was advertised for public hearing and  so procedurally uh we'll need to open the public   hearing uh receive public comment if there are  folks who are here to comment on the project.   Uh you can then continue the public hearing  uh and then ultimately the request from the   applicant has been to continue this to April  7th. Otherwise I'll stand for questions. Thank   you Troy. Questions for staff? I see none. Thank  you. We will now open it up for public comment. I see none. I will close public comment  and bring it back to the bench with the   information from staff. I move to continue  this item to the April 7th agenda. Second   motion. Second. Discussion. I see none.  Oh, sorry. That's in council member Sorry,   my bad. Council member uh Tuttle,  would you like to move that item? We move the item to April 7th. Um motion second.  Any further discussion? I see none. Madam clerk,   please open the role. Motion passes 70.  Madame clerk, please call the next item.   Amendment to chapter 802 of the  city of the of the code of the city   of Witchah regarding chronic nuisance properties. Good morning, Mayor Council. Jan Gar  for the law department. Uh here to   talk to you about a proposed  amendment on chapter 8.02. All right. The chronic nuisance code was created  in 2016. Uh the purpose of it was to have the help   hold property owners accountable for unusually  high call volumes uh at their properties,   call volumes of police issues. Um the purpose of  the code uh really came to fruition and has helped   quite a bit in addressing um large amounts  of crime at private properties and probably   more often commercial properties in 2023. I just  pulled a year mayor asked for some statistics. So   I pulled 2023 and 2025 and I'll tell you why in  a minute. But in 2023, um, they wrote 34 letters   in the East substation with zero abatement plans  and zero bills. I won't go through each of those   numbers. You can see them for yourself,  but I'll tell you what that means. When   um a business or resident has a certain number  of trigger events, crimes at their property,   uh then the police department will issue them a  letter that says, "Hey, you got a lot of stuff   going on here and we need you to take care  of this." And if there's subsequent issues,   you're going to hear from us again. So those  are the initial letters that are written from   each substation in 2023. If additional problems  occur, then there will be an abatement a letter   telling them we need an abatement plan, which  is the property owner's plan to reduce crime at   their property. We're real careful. We don't count  domestic violence because we don't want to reduce   calls for domestic violence and we don't want to  hold that against people. but we'll count a lot   of other violent crimes as being trigger events.  So, in this situation, you can see Patrol North   sent out 65 letters and they ended up with  four abatement plans. The plans are created   by the property owner and then they're approved  by the police department. The other thing about   abatement plans by well, I'll tell you about that  in a moment. So, uh, we had a little wrench thrown   into things in 2024 when the Department of Justice  sent out a letter all over the country, not to   the city of Witchah only, bless you, but all over  the country, and they said, "We're real concerned   about crimefree ordinances and nuisance-based  ordinances." And they uh warned that you need   to be careful about how you're using these or the  DOJ might come in and and review your program.   We don't really violate the problems. They really  had to do more with the fair housing laws. And   I'll tell you that when the police department  does these plans, they never tell a they never   tell a business that they have to evict someone.  Um that is not our business on evictions. Uh so   we don't really trigger the problems that the DOJ  was concerned about and also our our commitment to   not including domestic violence laws. But we are  pretty conservative in the law department. So,   we said, "Why don't we put a hold on using this  for a while and see what the DOJ does throughout   the country?" And I can tell you, we haven't seen  anything. And then um then the administration   changed and under the new administration, it is  less of an issue. So, we went back to using this   even though I don't think it ever really would  have impacted us um the way the warnings were   issued throughout the country. So, uh, we stopped  using it in 2024. About midway through 2024,   and about midway through 2025, we picked it back  up again and used it. So, that's why your numbers   are lower in in 25 where we had 25 warnings  for patrol east. They did one abatement plan,   33 in patrol south with four abatement plans,  and then you can see 31. Here's the good news for   business owners. these these plans protect them as  much as uh as they could end up people think that   they could hurt them. And let me tell you, like if  you do an abatement plan and the police department   okays it and agrees that those are reasonable  measures to take to reduce crime at your property,   if another crime occurs, you're protected if  you're following your own abatement plan. You will   not be build for services if you are following  the plan that the police department agreed was   re were reasonable steps. Um the only way you  would be build is if you're not following your   abatement plan or if you know showed the abatement  process and didn't have an abatement plan. So this   isn't a a process to try to get people. As you can  see by our numbers on how often we bill. In 2023   there were zero billings. In 2025 there was zero  billings. And what I mean by billions is um if   you have an abatement plan and you violate it and  there's there's future problems and we could bill   you for police services, but we really have only  done that in the since 2016 a couple of times. So   it's not it's not popular at all. It's not likely.  Um the new amendments will combine residential   and commercial properties. Right now we have  different rules for times. Uh it's like your   your your trigger events have to happen within six  months for a for a residential property and like   within 30 days for a commercial and that's just  too fast. No one works that fast. It's hard to to   manage. Um it also removes some of the trigger  events. We removed gang activity. Instead of   focusing on who's doing the crime, we're focusing  on the crime itself. So there's no reason to have   gang activity in there as a trigger. Um, we also  got rid of some pedestrian violations, which seems   kind of silly as a trigger event. Um, uh, we  got rid of barking dogs and we got rid of, uh,   most of the traffic violations. We did add traffic  violations, though. The new trigger events, we add   racing and stunting. We're having problems in some  private property parking lots where there are big   car shows with lots of stunting that's dangerous.  And now we could go with this amendment. We could   go to the owner of that lot and say, "You got to  do something to shut this down." We have some lots   right now where they're good with no trespass,  but they don't want anybody prosecuted for being   on their land, and that doesn't do us any good.  We can't stop the racing if you can't prosecute   someone who shouldn't be on that property in  the first place. So, uh, this would address   that issue. Uh, if you have a SWAT deployment, uh,  then that would be a a trigger event. If you have   unlicensed club activity, some of those after  hours clubs, that could be a trigger event. Um,   possession a large amount of stolen property or or  like a pile of catalytic converters, that could be   a trigger event. Um, and then we also added we  already had some code enforcement issues, but we   broadened code enforcement as being trigger events  in the amendment. Um, the amended appeal uh the   amendment also includes uh streamlining the appeal  process. It matches the other uh city appeals. It   removes the appeal to the city manager. I  think when we first created this in 2016,   we were concerned there would be a lot of appeals.  So, we thought if you went through the manager,   it would be um a step to have some of the appeals  heard without going to the full council. We   haven't had any appeals. So, now we're just going  to make it like every other appeal where it would   go to a panel of three council members. So, with  that, I recommend that the city council approve   this proposed ordinance and place it on first  reading and authorize the necessary signatures and   I'm open for questions. Thank you, Jan. Questions  for staff. Council member Hohheisle. Thank you,   Mayor. Thank you, J. You knew I was going to have  questions here. Um, this this seems Yeah. Can   you talk a little bit more about um residential  abatements? Um, is this still strictly a police   issue? If it's code enforcement violations that  makes it a nuisance uh property, does that mean   it goes through MABCD or does the chief still have  the final say as far as that goes? It's still all   the chief. Still, so we're not going to the plan  because it goes through the chief and it's not an   MABC issue. Um a nuisance could we would want  crime with it. Uh it's not we're not going to   call every house that needs a lawn mode uh to be  a chronic nuisance property. we already have the   ability to to bill them if we have to mow their  lawn, for example, or clean up the lawn. So,   this would only be used in conjunction since it's  a a Witchaw Police Department program. Okay. So,   if there is code enforcement violations, that  could be construed as illegal. Um perhaps people   burning wires to get to the copper. That's kind  of a a health issue. Would that fall under WPD's   um area of concern here? That would because WPD  wouldn't be out to enforce code only. But if   we think they're doing it for other crimes,  then then those would stack. And that's the   ability of the MABCD. If they're burning it and  then we find stolen property on the, you know,   on the premises, then WPVD would deal with that  during one of the abatements. Yes. Um squatting   vacant homes. How does that work into this as  well? because I that's another concern that   many in my community have are vacant homes that  people break into. Sometimes stuff in the area   goes up. Uh many times, you know, there's alleged  drug use going on in these places as well. Um so,   how would that figure into this as well? Squatting  is not a trigger event, but I can tell you we're   getting better at addressing trigger events. So,  if citizens have trigger or have squatting issues,   um they should get with the police department. We  don't we don't allow squatting. Um, but we didn't   make that a trigger event on this ordinance.  Okay, that might be something worth a conversation   at some point. Okay. All right. Thank you. As a  followup to that, can it be added squatting? Yes,   it could. Yes. Would there be interest from this  council to add squatting as part of that trigger? I have one more question that might be able to  answer that for me. So, uh, Vice Mayor Glasco,   thank you, Mayor Jan. I'm looking at the  document and in section B, that's on page two.   Um it says that we're changing the responsible  party from three or more trigger events or from   uh from two or more trigger events to three or  more trigger events. What was the justification   or rationale to increase the number of trigger  events? Because that seems like a lot to occur   within a six months. Like if you have two of these  uh going to the list of possible trigger events,   if you have two of those, I would have concerns.  So why are we increasing it to three or more?   Well, I I think the Witchaw Police Department  would probably agree with you. Um I I am here   on their behalf, but I also advise them that we  need to have to make it chronic. There needs to   be problems occurring or else every property  in the city will be uh chronic nuisance. So,   I'm really trying to hold out some properties  are chronic nuisance and some aren't. You'll also   notice in the definition of trigger event that the  most serious crime count as two trigger events.   And that was that was kind of the compromise.  If you have SWAT call out, that would be two   trigger events. If you have um a search warrant,  that would be two trigger events to kind of have   a compromise on that issue. Great. Yeah. If the  SWAT shows up two times, that I don't need them   to show up three times, two times is enough for  me to consider. Well, if SWAT shows up one time,   it counts as two times. Okay. Fantastic. And the  reason we I increased the trigger events is we you   you required more trigger events for a commercial  property than a residential property because you   have more people living there. Uh and we were  I was trying to find a something fair. Awesome.   Thank you for that answer, Council Member Shepard.  Thank you, Mayor. A couple of questions. Uh can   you speak to um again how you plan to translate  the materials into in a way that um folks can   understand if they become uh if this applies to  them. They get a letter that gives them the uh   ordinance so they can review it and it's a warning  before anything is done to them. They're warned   um you're on our radar. You have a lot of crime  happening at your business. I can tell you pro   on most of these the police are already involved.  they're already making visits and they're already   telling them that there are problems. Um, so  they'll usually get some kind of personal contact,   but they'll get a warning letter before they're  ever asked to participate in an abatement plan.   And in that letter, there's a number that they  can call to ask questions or get more clarity.   Absolutely. Okay. I I asked that because not  everyone is comfortable with the police showing up   at their door, which is why they may not answer.  Not everyone can receive a letter in the mail and   understand what abatement even means. it doesn't  mean that they're not intelligent. I think we use   words all the time that are common to us but not  common to the every every average citizen. And so   I know it's really important to be able to have  that direct access to be able to break things   down. Even for myself, I have to ask why and if  someone can break it down for me sometimes. Um   my next question is so if there is an abatement  issue, what are we doing to guide those folks to   the resources that are available through the city?  I know the mayor mentioned squatting. Um, not that   I'm opposed to that. Um, I I'm not opposed to  even enforcing, you know, things regarding our   unhoused neighbors. My issue is and will always be  until the resources are available to support those   who need the resources, we should not be putting  an additional strain on our law enforcement and   we should not be putting an additional strain um  on other neighbors because if we don't have the   resources, we're just kicking the problem down the  street. That's not fair to law enforcement. That's   not fair to our community. So, what resources do  we provide when someone has an abatement notice?   I'm not sure what kind of resources we could  offer. Let me give you examples of of of where   we use these abatement notices. I can only think  one residential and uh it was one where there were   driveby shootings uh weekly and the person who  lived at that house was not cooperative. Uh they   wouldn't give any kind of suspect information. Uh  they also had a used car lot in their lawn. Um and   we prosecuted them for that. And the hoods were  up all the time. It was a nice little neighborhood   and neighbors lost all value in the property.  There were fires on the property. Um so finally   we sent a letter that said, uh you're going to  you're going to need to do something about this.   And so I'm not sure what resources we could give.  They just needed to stop, you know, selling cars   off their lawn and they needed to to help the  police figure out who's doing all the driveby   shootings. That house ended up getting demolished.  It's gone now. So folks parking on their grass in   neighborhood would not be an abatement notice.  No. Okay. Different kind of abatement. You're   thinking of the MABC abatements and we give lots  of resources for those. And we have a liaison with   MABCD. This is a different type of abatement. This  is going to be criminal-based. Um, and it's not   that we're going to go in and do anything. This is  we might do this with a motel that where there's a   lot of human trafficking happening in out of the  motel. And we give them a notice. Hey, there's   been like five incidents of human trafficking  out of your motel. You're going to have to do   something about this. So, it's it's a it's the  same word. It's it's an abatement also, but it's   a very different kind of abatement. Perfect. Thank  you for clarifying that. Um because when I when I   see in the analyst that violations by MABCD, fire  or public works adding that that's what led me to   believe that. Um the final thing I will say is you  know touching on language matters. I just want to   give kudos to you or whoever decided to do this  but um I know that we strike out under definition   C striking out the commercial property means real  estate but then you know cereal malt beverage. I I   think a lot of people don't recognize how deeply  offensive that could be if they don't understand   the historical context behind language and how  that has applied to certain communities. So again,   just want to reiterate how important language is.  I'm always going to be a major proponent of asking   about language. Uh sometimes I think we put things  in there um not intentionally thinking of how it   can target certain communities. There's a sign  in College Hill that talks still about no cereal   malt beverage allowed after a certain time. I want  to take that sign down um because it it's deeply   offensive uh if you understand the historical  context behind that. So, I just want to give you   kudos for striking that and for being hyper aware  of language. Thank you, Council Member Hoheisle.   Thank you, Mayor. Um I would like to hear WPD's  thoughts on perhaps adding squatting. And by the   way, if we add squatting, it would probably be  best through trespass is because that's how the   city would view squatting. Okay, I appreciate  that. Uh, Captain Moses from the Witchaw Police   Department for the record. Uh, there's a couple  different options related to squatting. We see   the language here related to MABCD, the fire  department to fit into our overall strategy   related to crime reduction uh through risk terrain  modeling. So that's why we like the language as   it's proposed here. it. We have monthly meetings  with all city departments and in those meetings,   MABCD can bring up code issues they're having  at properties that we can align with what we're   doing related to violent crime uh and other  crime. If if the body wishes to add squatting,   uh that's certainly something we can look at. I  think there's other ways perhaps to get there uh   without adding that specific language that  we can address those types of issues with   the language as it's proposed today. Okay. So  maybe just put a pin in it and see what comes   of. Ongoing discussions. Okay, I appreciate that.  Yeah, there's um you know, MABC does a good job   boarding these houses up, but um I think we just  need to have a discussion about how to reach and   uh compel some of these property owners to take  care of these issues. There's one right on the   corner in my neighborhood that it's been three  years boarded up. every so often it gets broken   into and the neighborhood goes crazy and then we  just don't have the property owner just ignores   it. Like we've reached out to them, they don't  care. They're just going to let it sit there   and deteriorate. So, um yeah, maybe just put a pin  in that and then see if there's any um good ideas   that comes in the future as far as how to address  those particular problem areas. And I think just   to add to that, you're getting at the purpose of  this ordinance, right? So often we see owners of   properties that don't live in the community that's  affected by who lives in that property. And that's   the purpose of this is to kind of generate more  ownership and guardianship over your property that   you may not have to live in and experience  the challenges that the neighborhood does,   but alert you to those challenges that the  neighborhood is facing. Right. Okay. Appreciate   that. Thank you. Captain Moses, could I ask a  quick question, a followup kind of to that? Uh,   from the data regarding the 2023 and 2025 um  notices, can you give a approximate percentage   of how many were actual residential homes versus  commercial properties? I can't off the top of   my head. No. Um, I will tell you most of these  that we deal with are going to be uh commercial   properties. Uh, I can think of specifically  off the top of my head when we're talking about   changing the language on trigger events. There was  a problem uh drinking establishment that we had   when I was a patrol officer. And with the language  as it is today, the owners of that property, if   there was a trigger event, would just close for a  month and wait for that month to end knowing that   their trigger events had passed and they wouldn't  get nuisance abatement and then reopen. and they   would just take that loss of revenue knowing that  they then wouldn't have to work with us on making   changes to make people safer. Uh which is why  we're very supportive with the language that that   Jan has drafted because we think it especially  with that uh two trigger events for some of   those more violent crime serious incidents. Thank  you, Captain Moses. I see no further questions for   staff. Thank you, Jan. We will now open it up for  public comment. I see no one from the public who   would like to address the council on this topic.  We will bring it back to the bench. With that,   I will move to place a proposed ordinance  on first reading and authorize the necessary   signatures. Second. Motion second. Discussion.  See none. Madame clerk, please open the role.   Motion passes 70. Madame clerk, please call the  next item. Police armored personnel carrier. Morning, mayor, city council. Jason Kulie,  captain police department. Uh today I bring   before you the uh police armored rescue  uh vehicle from the CIP. A little bit of   background. Uh WPD utilizes a diverse fleet  of vehicles uh to protect the community by   transporting and or rescuing individuals uh  as as well as critical equipment uh during   high-risisk emergency situations. Uh and this  includes our limited number of armored vehicles. Uh the WPD relies on these special armored rescue  vehicles to effectively respond to emergencies   throughout the South Central Kansas region at any  time and under any environmental conditions. Uh   these vehicles must be maintained at a high  level of reliability to ensure the safety of   both personnel and the community. Uh Witchaw is a  a large city in the United States and the largest   in Kansas. And these armored rescue vehicles  are essential to deescalating and mitigating   critical incidents. Uh these vehicles provide the  necessary protection to safely rescue both the   community members and personnel during critical  incidents. Uh the absence of this capability   diminishes operational effectiveness and increases  the risk to the public and personnel during these   critical events. Uh for financial considerations,  um the $600,000 in general obligations bonds is   adopted in the 2635 CIP. And our recommendation  is uh you guys approve the initiation of funding   and authorize necessary signatures. And with  that, I'll stand for questions. Thank you,   Captain Kulie. Our boards are not refreshed,  so I can't see who wants to speak.   just raise your hand. Council member Hohisel.  Oh, thank you, Mayor. Um, what do we have that's   compatible to this within our um inventory right  now? So, we have three of these. Um, I say that   with caution because they're not all the same type  of equipment or provide the same capabilities. Um   we have one that so we belong to the South Central  region. It's a mutual aid agreement. Uh we belong   to it for our SWAT team and our bomb disposal  team. And in that um members of the region   can submit requests much like CIP or budgetary  requests to the region and say hey we'd like this   piece of equipment. um in years ago in 2011 um the  one vehicle that fits this requirement was donated   by the region. Uh so that vehicle is the one I'm  referring to that any moment any SWAT team in the   region could call it up and it's gone. We we give  it to them for their operation. Um the other two   are 2012 vehicles. They were donated by a citizen  through a trust uh to the police department. They   are not the same type of vehicles. It's not what  we're asking to purchase. Um they are of value,   excuse me, but they have uh much more limited  capabilities than the rescue vehicle um that   we're seeking today. So short answer is three. uh  one from the region is is old. Uh it has been shot   uh four times. Um we are getting to the point  where we're replacing welds and hinges and   the other two that we have don't provide the um  protection that is required for the uh national   uh tactical officers association standards that  we have to meet for accreditation. Okay. So we're   placing a 15y old vehicle here. uh it is replacing  it. We have no intent to uh give it back to the   region as the other SWAT teams have some of the  other vehicles. Our intent is to keep it in the   fleet. Um but the reason we intend to keep it  is it is a regional asset. It can be called up   at any moment. Um keeping it inside the fleet  allows us to have four. Um, and you know, as we   know during an active shooter event, um, loading  individuals into three vehicles that only see 10   people at a time is multiple trips to evacuate  them. So, uh, would this new vehicle be able to   be responsive to the regional um, needs as well?  Yes and no. That's at the discretion of the chief.   It is not purchased through the region. So it is  not obligated to be called up from the region. So   for example, if I don't know, Hutch for example,  Reno, they have an armored vehicle, but if they   needed a second one, uh they could call up that  regional asset and we have to provide it because   it was purchased through the region. This vehicle  is at the discretion of the chief if it leaves the   city of Witchaw or not. Okay. Thank you. Yep.  Council member John Stunn. Thank you, Mayor   Captain Kulie. Thank you very much. Um, give us  a little idea how big of the region is, the South   Central region. How how how far what's the further  city includes? So, I did four pages of research on   that. That wasn't the one of the things I looked  up. So, um, I want to say from the bomb contacts,   it is uh 17 counties. I could be wrong, but it  it's it's pretty wide. Um we go as far out as   uh Dodge City. Um most of the response, almost  all of our response is through bomb responses. Um   SWAT very rarely responds to something outside the  region. When we had 4141 South Cica happen here,   we used seven different SWAT teams um because that  was a multi-day event. So those SWAT teams from   all the regions came, we used seven different ones  and they came to assist us so we could sleep and   take breaks and um but typically that's a bomb  response where we're going. Um we'll go as far   um as western Kansas as eastern Kansas. Uh I  I can't remember how far north we go, but you   start getting into the Kansas City uh region  up there. Um, so don't quote me, but it's like   14 or 17 counties. It's fairly large. It's it's  several hours of drive time if we was to leave it.   And just give an idea how how many SWAT teams and  bomb squads are there in that region. SWAT teams,   I don't know because any agency can form a SWAT  team as long as they meet NOA standards. So if   Derby wanted to form a SWAT team, they can as  long as they meet NOA standards. Um the number of   members, whatever tier, you know, are they going  to perform barricades or hoscue rescues? As long   as they meet those standards, they can form it.  You're also uh dictated as the standards of having   specific equipment. In 23, all those standards  changed. It's a chart now. So for example, this   vehicle has to be meatsp specific ballistic rated  to be for our tier for our tier in NOA. We have to   own a vehicle that meets these ballistic ratings.  Bomb uh there's only us and KHP until you get into   the Kansas City area. I'm not sure how they work  up there. I don't know if it's a joint, you know,   metro in Kansas City. Um but that is limited.  Uh the the federal government dictates how many   bomb teams you can have in a region and that is uh  based on equipment and training. We can only get   so many bomb techs into u the FBI school a year.  Um we're we just submitted our eighth one to go   through. That's a year wait. So you can't just  form a bomb team I guess is the short answer. So   in Kansas, there's us, KHP, and then whatever is  in the Kansas City metro area. Okay. So we go out   and help a community. Do we ever get reimbursed  for those services or just a consortium? Yeah.   We just pay for it. Yeah, we don't get reimbursed  per se, but I'll tell you that uh one of the bomb   vehicles is a also a regional asset. Um and it is  due to be replaced and we submit funding through   the region. Hey, we'd like to replace this or our  bomb suits or whatever equipment we're asking for   the region. Um, and we do get money allocated from  the region to replace those. I I couldn't tell you   the last bomb suit the city of Witchaw actually  purchased. All of our bombs suits that I know   of have come from the region. So, reimbured, I  guess, in a different form. Okay. Okay. Thank you,   Council Member Shepard. Thank you, Mayor. gonna  ask a couple of questions that are coming from   members of my district advisory board. Um, can you  explain why this is a musthave and not just a nice   to have? Sure. So, to to meet the NTO standards  for a SWAT team, there are four tiers. Um,   one being the top and then it goes down to four  from there. Three and four don't have a lot of   requirements to them. Those are mainly your um  search warrant type teams. Um, we are a tier   one and tier two team. So, to be able to perform  hostage rescues, uh, high-risk barricades, um,   the more high-risisk situations, you have to be a  tier one or tier two. NOA sets the standards that   says you will have a armored rescue vehicle that  meets level four ballistic. Um, we and we have   that. It is aged. It is the regional asset that we  are welding back together. It's been shot multiple   times. Um so it does need replaced or how whatever  terms you want to use with it. Um the reason from   a tactical standpoint that it's a must is because  uh we are a large city with 7 million visitors a   year. That doesn't even count the residents here.  We've got NCAA. Uh we've got Riverfest. Um our   vehicles are out and about constantly. Um I think  we had 43 deployments last year of these vehicles   out of 52 weeks. Um there are oftent times that we  are calling for two uh different locations to have   search warrants done on them at the same time.  Uh we're waiting for different assets to come   from other cities. Um, we had a situation down in  Hazesville where officers were being shot at and   our vehicles didn't have the equipment they needed  and we waited an hour and a half for Harvey County   to bring their armored vehicle, the one we're  requesting. We waited for Harvey County to bring   their vehicle to help us. Um, that's an hour and  a half of officers taking gunfire. So, that's why   it's a must. Um, there's a lot into the tactical  elements when we're talking about sides and,   you know, where we post up on residents, but thank  you. I you answered all my questions with that   one question. Um, and I and I think it's really  important to be able to break that down. So, thank   you. Yes, you're welcome. Captain Kulie, I asked  this of the chief earlier. Um and I just wanted   to again it's for community to understand um the  priority of this item. The health and safety of   not just the community but the health and safety  of officers is paramount. Uh can you address how   this will help with health and safety of our  officers and community? Yeah. Uh that is a a   that that question encompasses a lot. Um, when we  are talking about health and safety, I I'll start   with safety of the community. We currently already  use these rescue vehicles to evacuate residents   during these calls. Um, they're more than welcome  to shelter in place. However, that is never our   preference. Um, only because we know bullets will  travel through multiple structures. So, pretty   much on every SWAT call, you're going to see us  load up residents as we're getting in position   and evacuating them with our armored vehicles.  Um, that's we've been doing that for years. Um,   that goes back to uh Councilman Shepard's question  of if we are staging one or two at a house, we   still need other ones to evacuate residents while  this is going on too. Um the wellness aspect,   uh I will tell you that some of these call  outs are long. Um we're out there all night.   Um eventually we have to give breaks to those  officers. Um feed them. Um we we h also have to   way to get them back to the command post safely.  So, we will use one of these to load them back up,   bring them back to the command post to take care  of them, give them a break, give them water, food,   um, shift them in and out. Um, we also transport  them to the location in these. That way,   they're not having to walk up with equipment.  We'll make multiple runs with equipment. Um,   am I hitting on your Okay. Um, thank you, Captain  Kulie. And when was the last time these vehicles   were last used? I I think very recently. Can  you just address the most recent cases? Uh, I   think we had a SWAT call last week, wasn't it? Two  weeks. Barricade last week. Um, so unfortunately,   um, we're standing in front of you today  because they are used very frequently. Um   that's unfortunate side effect of our business is  they are used. Um but you know one thing I'll add   is the these buy us time when we're talking about  these incidents. So when we're able to get up and   put a two crisis negotiators in these vehicles  up close and personal with the individual that   buys us time to negotiate. Um, and these allow  us to get close to deescalate these situations. Thank you, Captain Kulie. I see no further  questions from the council. We will now open it up   for public comment. I see no one from the public  who would like to speak on this matter. With that,   um, thank you for the justification and what  I hear from you is a priority. Um, and again,   uh, Witchah is the largest city in Kansas, and  I appreciate that there's mutual aid agreements,   uh, between other communities. Um, at the  same time, Witchaw has her own needs, and so,   um, making sure that the health and safety  of residents, but also of officers has   to be a priority. Um, so with that, I  will move to Council Member Sheepard. I move uh to initiate the funds and authorize  the necessary signatures. Second. Motion second.   Discussion now. Council member Shepard. Thank you,  Mayor. I really appreciate it. Um I wanted to make   a comment because I know um it's important for me  to make sure that folks in my district who have   heartburn about things like this feel heard,  seen, and valued. I completely understand the   heartburn that some folks might have when they see  something like this on paper. But I appreciate the   commentary that's been shared today. When I hear  things that these vehicles have been used 43 out   of the 52 weeks, that is alarming, but it also  showcases that there is a purpose. When we hear   that we are one of two bomb teams in the region  and that other folks rely on us to be able to   protect and serve their communities, that matters  to me as well. Um, also when I hear that it buys   us time, though that may seem very um, surface and  shallow to some, I know that you can't put a price   tag on a life. And um, I unfortunately know that  every time I turn on the news seems to be another   event happening across our world that reminds  us of the importance of having infrastructure   like this. Um, most recently Austin, Texas. And  so with that, I will be supporting this. Um, and   I thank the Witchaw Police Department for their  service and protecting and serving our community. With that, uh, thank you for the public, uh,  sorry, for the council member comments. I just   wanted to clarify one more time that there was  I gave time for public comment and no one from   the public came forward, so I brought it  back to the bench. Uh, we have a motion   and a second. Any further discussion? I see  none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call the   next item. Police department property  acquisition of 1890 West Harry Street. Good morning. Jerry Ford from the city  manager's office development services.   I'm here to present the item for you today on the  acquisition of a property at 1890 West Harry. The   Witchaw Police Department requires a facility  to store specialized vehicles that meet unique   needs of police operations such as the vehicle  we just approved to purchase a moment ago.   The facility needs to meet The facility needs  to meet the specific size requirements for an   appropriate amount of space, height  clearance, and located in an ideal   location that allow for rapid deployment are  important. The property located at 1890 West   Harry meets this criteria. It is a 12,830  ft warehouse with 16 ft ceiling heights.   There are five overhead doors measuring 14 by 12  feet and the site is fully fenced for security   purposes. The Harry Street property will meet  the immediate needs storage needs of the police   until smaller scattered storage facilities  are constructed at each of the four bureaus.   After the new facilities are built, this Harry  Street property may be used as the police seized   vehicle storage facility or it could be sold on  the open market if no city use is identified. The purchase price of the 1890  Harry Street property is 1,664,890 or the equivalent of $83 per square foot.  Staff recommends initiating 1.5 million of   the 2026 through 2035 adopted CIP funding  for this purchase. The additional $432,610 will be used for enhancements  such as the installation of   a new security system and cameras along  with exterior and interior improvements.   It is recommended that the city council adopt  the bonding resolution, approve the budget,   approve approve the real estate agreement, and  authorize any necessary signatures. And with that,   I stand for questions. Thank you, Jerry. I  had a couple questions that I sent via email,   so I'm going to ask those so that you can help um  justify the Can you tell us what's the property   appraisal value of this said property? Uh, this  property is currently appraised for $837,200, but as as we discussed, the county appraised value  is a different value for tax purposes and should   not be relied upon for the determination of a  property's fair market value. So, can you see   what the comps have been in that area? What does  that justify or not justify? Because right now   again appraisal value is 837,200 and what the city  would be paying for this property is 1,64,890. Yes, we did an internal evaluation and did an  analysis looking at properties that are currently   on the market that we have looked at properties  that have been on the market and properties that   have sold. There was a property in this immediate  vicinity at 1706 West Harry that recently   sold. So, very comparable as far as location is  concerned. Um, that sale price was 1.2 million or   $80 a square foot. Um, this property is somewhat  inferior to the subject property. It's older. Um,   it's not fenced in either. Um, but in add in  addition to that, there were some other sales. Uh,   1813 Florence is similar to our subject property.  It sold for $85 a square foot. Um, and a property   that we looked at as a potential property for  leasing uh, for this exact purpose did sell on the   open market as well for 1 point at 222 hydraulic  for 1.6 million or $82 a square foot. So, this   property when we look at the fair market value and  looking at comparable properties that are on the   market and have recently sold, this property is in  align with the current market value. How much is   this property generating in sales taxes and will  we forgo or will we be paying for those property   taxes as a city as the date of possession? A  tax exemption application will be filed from   that date of possession. So the city anticipates  not having sales t or property taxes on this. And then I just wanted to uh know this will be  an additional building that the city will then   own and will have to maintain. What is the plan  regarding maintenance of this uh building? Yes,   we did have an assessment of this property. We  ran our facilities teams through there to review   the mechanical and structural uh condition of this  property. And this property with it's it is a more   recently constructed property and is in currently  in very good shape. Um as for plans to maintain   it, the police department will need to incorporate  that into their budget with other facilities. Thank you, Jerry. You're welcome. I see  no questions from the council. We will   now open it up for public comment. I  see no one from the public who would   like to speak on this matter. This  will be in district number four. Mayor, thank you. Um, seeing no other comments, I  would move that we adopt the bonding resolution,   approve the real estate agreement, approve the  budget, and authorize all necessary signatures.   Second. Motion. Second. Discussion. See  none. Madame clerk, please open the role. Motion passes 70. Madame clerk, please call  the next item. Lease agreement for cityowned   property at 444 East William. Again, Jerry  Ford with the city manager's office development   services. The item before you is for a lease  agreement at a city-owned facility, 444 East   William. The city-owned property is a 650 stall  parking garage located at 121 South Emporia and   it is improved with a ground level office retail  space comprised of 6,250 square ft. The finished   space was is identified as 444 William which  is currently leased to Witchah Festivals Inc.   The city's transit center is directly across  the street and the new biomed campus is in the   next block to the west. This is an image of the  parking garage looking at the uh retail space at   444 William. The finished space was built out as  office space in 1994 and occupied by the housing   and community services department at that time.  In 2013, when housing vacated, Witchah Festivals   relocated from their building at 137 North Waco to  444 William. At that time, the city entered into a   gross modified lease agreement in the amount  of $12,500 per year. The lease is considered   below market and because Witchaw Festivals is a  not for-profit, the property has not been on the   tax role. Due to changes in the downtown market,  the city required that the lease with Witchah   Festivals be renegotiated. For the first six  months between the cancellation of the original   lease and the new triple net lease before you  today, Witchah Festivals proposed a progressive   monthly lease adjustment that phase the monthly  rent from $1,041, which is what they were paying,   to $4,499 a month. The lease was renegotiated  from a gross modified format to a triple net   format. The rental rate was increased from $2 a  square foot to 8.89 a square foot. The new lease   rate is a combination of the base rent at $8.64  a square foot together with the additional rent   estimated for expenses at $25 a square foot.  The lease term is for two years and the base   rate will escalate 3% on in the second year. The  annual gross revenue from this lease is 55,562.50 for year 1 and 57,187 $187.50 for year two. However, this amount  could be adjusted depending on expenses.   If the expenses are decreased, the tenant will  receive a credit on their next month's rent.   If expenses are increased, the tenant shall pay  the deficiency on demand. It is recommended that   the city council approve the lease agreement and  authorize the necessary signatures. And with that,   I stand for questions. Thank you, Jerry. Questions  for staff. Vice Mayor Glascop. Thank you,   Jerry. What are the comps in this area in terms  of square foot? Square feet. This area has been   unique. A lot of the properties that have been  on the market, they're most are advertised as   triple net. You're going to see lease rates with a  base lease rate around $10 a square foot, but that   additional rent could vary. It could be anywhere  from five to to an additional $10 a square foot.   Um, so that would be 15 to to $20 a square foot.  The lease rate at the cinema parking garage is   approximated it's about $19 a square foot. 10 for  a base and nine as the additional rent. Okay. So,   what was what was the justification for $864  if it could go upwards of 15 to 20 in the area?   This space is not recognized as what you would  call a traditional retail class B or class A   space. Um, it is a little bit more worn and torn.  It's older. The property has not been updated   since it was originally built out. Okay. And  that's still So, would we say the 15 to 20 comps   are have been updated? They've been renovated.  Okay. Yes. Thank you. No further questions.   Appreciate it. Council member Johnston. Thank you.  Mayor Jerry, can you go back to slide 70? Yes. Acquire glasses, but um you you made the comment the expenses are  estimated at $25 a square foot. There it says   25 cents a square foot. Oh, I misspoke. It is 25  cents a square foot. When we did our estimation   for the expenses at this property currently,  that's what the square footage rate would be   on a monthly basis. What would those expenses  be at 25? That's not very much at 25. Um,   the utilities are currently in the tenants  name and will continue to be in the tenants's   name. The taxes were estimated pretty low  because we haven't had taxes on this property.   U those are uh around 2,200 insurance on this  property using the city's insurance discounted   rate. We estimated that this would be about 1,400  a month or a year, excuse me. Uh for any kind of   common area maintenance and operational such  as replacement of AC unit or any sealing that   needs to occur uh for water prevention um  that's at 15,000. So for annual estimated   expenses is 18,586 or a little over 1,500 a  month. And how many square feet is it? 6,250. So 6,250 times 25 cents is  not going to get you there. Um I don't have a calculator  in front of me. I this was   done in Excel spreadsheet. So So I'm  trusting the Excel spreadsheet math. So you're saying that the annual is 18,586  or roughly 1,500. It's actually 1548   um rounded up to 49. So, 1549 divided by 6250  square ft is 25 cents per square foot. Okay.   Your annual expenses were how much again? 18,586  is the estimated expense. Okay. Well, you're   close. Yeah. Okay. Thank you. You're welcome,  Council Member Shepard. Thank you, uh, Mayor   for my not can you tell me what communication  was had with witchaw festivals that this was   coming? Yes. So when the lease originally ended  in July, we had talked to them in April um with   early indication that we were going to need to  make some changes with the lease. Um at that time   the festivals uh Witchaw Riverfest was occurring  at the end of May beginning of June and so we had   intended and communicated with them that we would  com reconnect with them again at the end of the   festivals at the end of Riverfest which we did and  at that time um sat down with them and explained   to them with the changes in the in the market um  what the needs were and what we were anticipating   what the rent would need to be changed to. That  is uh the reason why we worked with them on that   progressive rent schedule so they can make the  adjustment over that six-month period. And can   you remind me, I know it was in the presentation,  um how much of that is an increase to their rent?   That is I don't have the percentage. Um, but it  is it's substantial over time just because if   they were paying 122,000 a year and now they're  going to be paying 55,000. Yeah, that's that's   concerning for me as a renter up here. I know  what it's like when my rent goes up even by a   little bit, even, you know, sure, market rates.  And so I I think the same can be applied to folks,   you know, we're having conversations in April,  Riverfest, May through June, telling them in July,   do we know anything like how this is going to  impact their bottom line or Well, we when we   approached them about this, um we I explained to  them that we had intentions on raising the rent.   They were the ones that actually proposed the  prop the rent schedule to us. Okay, that that   makes a world of a difference. Um, question  for you because this is in my backyard where   I literally live. Um, I know that you mentioned  that there's the cleaning of the common areas and   lighting and trash service. Um, have you factored  in what downtown Witchaw already does to clean   that area? No, I have not. I'm talking about the  space specifically. The inside or the exterior?   Okay. the inside, not the exterior. Okay, cool.  Thank you. You're welcome. Vice Mayor Glass Cop.   Thank you. I had a few other questions that popped  up. I'm glad that we added an escalator. Is that   normal practice moving forward that all of our  contract agreements will have an escalator because   if they were paying $2 per square foot previously,  then we haven't had that for that was it was a   unique rental situation that they were in. But  typically, yes, in real estate transactions,   we do factor a 3% escalation annually. Okay,  fantastic. And then the next question would be,   this is only a two-year lease. So, this yes, they  wanted to keep this lease shortterm because they   are looking for a combined facility that they  can use for both office and storage. Well,   and I'm just thinking of biomed coming online  right there. You have a parking garage there.   This is would be premium space for businesses in  the future. So, I just want to make sure we're not   locking ourselves in to this rate moving forward  as well. Exactly. Okay. Thank you. You're welcome,   Council Member Ballard. Thank you, Mayor. Is is  or was anybody else looking at this space? I mean,   that just is a really really high increase and  and they're they're okay with this. This was a   negotiation. I mean, this was a negotiated  increase. That is correct. But as for the   availability of the space, we have not put this  space out there otherwise. Um, we just anticipated   with all of the changes in the in the downtown  core and especially with biomemed coming online   in 27 um that we needed to take a look at how this  space is utilized. Okay, that's very concerning to   me. Um, I understand keeping up with the market,  but that just seems like price gouging to this   to this group. And I mean, I know these are  conversations and, you know, things are going up,   but you know, I I don't want to price people  out of these areas too because we are developing   and there is so much cool new stuff coming  around. and I don't want to lose some of these   um organizations or businesses that have been the  pillars that have held Oldtown up. So, I'm very   concerned about this. Um yeah, I just want to go  on the record saying I'm very concerned about it. Council Vice Mayor Glascop, thank you. This  may be more of a discussion based than maybe   a comment question as well. Um, but in terms of  I actually probably take the other side is that   if this is a city-owned property, we should  be trying to get the most for our investment.   I think how we can encourage Riverfest or  Witchaw Festivals to stay there is we look   at separate donation agreements. Now that that's  a conversation we can have if we believe that we   should help subsidize part of their um stay  there, then I think we do that in a donation,   but I think we should be trying to get the most  from any of our investments u moving forward as   well. So, Council Member Shepard, I appreciate  Vice Mayor Glascock's comments. I I would tend   to disagree. I think it it is important  to get the most out of your property. Um,   and it's important to be a good neighbor. It's  important to be a good partner. And to Council   Member Ballard's point, I think as we look at  the great success that is happening in that area,   I'm I'm excited about it. That's one of the  reasons why I'm choosing to stay downtown. Um,   it also is important to me to recognize the people  who have been loyal to our community and investing   in downtown before it was what it was. And I  also am really concerned coming from a nonprofit   background how this might impact their bottom  line and and I don't know what the conversations   were like. you share that they they presented this  which again surprises me a little bit but I often   feel that as nonprofits if it's not made clear  that there is opportunity to negotiate um many   times we will just take what what we think we can  get because the opportunity has not been clearly   presented that there's an opportunity to work to  meet in the middle um I do want to go on record   and say that I am I am really concerned about this  again the success that's happening in downtown   is important but we say often from the bench that  downtown is everybody's backyard. So, it shouldn't   just be limited to the people who can pay the fine  price to live in a downtown. Um, we'll talk about   that more if affordable housing options come  available in downtown. I'm a firm believer that   we need to be looking at having a little bit of  everything in the people's backyard. Um, and so,   um, I I really am am deeply concerned, but thank  you so much for all your work that you've done on   this. You're welcome, Council Member Johnston.  Thank you. I'll chime in, too. $2 a square foot   anywhere is a donation. You can't find anywhere  in the city for $2 a square foot. So, I think   this ticks up to market, but maybe the lower  end of market. So, I think it's it's fair. So,   thank you for the work on this. You're welcome.  Thank you, Jerry. I see no further questions.   We will open it up for public comment. I see no  one from the public who would like to speak on   this item. I'm bringing it back to the bench.  This is in Council Member Joseph's district. Thank you, Mayor. And I will tell you that  had Witchah Festivals not approached the   city and come up with these terms, I  would not be in support of this. Um,   but they know what's best for their organization  and I trust them and I trust the city to be able   to do that. So with that being said, I move  that we accept the recommendation of city   council to approve the lease agreement  and authorize all necessary signatures.   Second. Motion second. Discussion. I see  none. Madame clerk, please open the role. Motion passes 61. Madame clerk,   please call the next item. Funding for  water and sewer utility improvements. Good morning, mayor, members of city council. For  the record, Don Henry public works and utilities.   The item before you at the moment um recommends  funding for water and sewer utility improvements.   The funding is included in the adopted 2026  through 2035 capital improvement program and   includes the following projects as listed within  the published CIP. Cheni pumps distribution   uh southeast booster pump station feed completion  water production variable frequency drives   wellfield power poles wellfield well spur lines  lift station rehab replacement and wastewater   treatment plant three ultraviolet system. Keep in  mind the funding is included in the adopted CIP   and initiation of the funds and delivery of the  projects will not impact water or sewer rates.   First on the list, the Cheni pump project will  replace four of the high service pumps within   the pump station. These pumps deliver um raw  water to the city for treatment. One of the   pumps has previously been replaced. The remaining  four near the end of their useful life and so   replacement is necessary for ongoing reliable  delivery of raw water to town for treatment.   The Southeast booster pump station feed completion  will design improvements to the piping system   that's coming into the pump station. This uh will  ensure um stable pressures within the system as   um demand continues to grow in the southeast  portion of the city. This uh pump station is   located um off of Harry Street near Interstate  35. It serves the southeast portion of town   as well as our um wholesale customers in Rose  Hill. Next on the list, very frequency drive,   variable frequency drives are computer  controlled um equipment that operators use to   um regulate and normalize the pressure within the  distribution system. um utilization of modern VFDs   uh extend pump lives uh reduce energy and promote  system reliability through avoidance of harmful   pressure spikes within the system. This project  will install new VFDs in the southeast booster   pump station as well as provide the design work  for future installation of BFDs at the web road   pump station. Next in line, the Wellfield Power  Pole project will replace city owned power poles   that are bound on their useful life within the uh  Equbeds wellfield. Um the city owns and maintains   roughly 80 miles of overhead power lines uh in um  the early 2000s when ASR phase 2 was constructed.   The lion share of the poles were installed  new new at that time. Um at that time it was   uh the possibility of underground power was  explored and found to be cost prohibited. However,   the uh the newer poles out there are metal poles  as opposed to wood. And so these old wooden pl po   poles will be uh replaced with the metal to  ensure um optimal life cycle of the assets. You may be familiar, some of you familiar with  the wellfield rehab project. Um this is annual   ongoing work that ensures um optimal operability  of the city's municipal water supply wells. Um,   our wellfield manager tracks the production  and the degradation curve of each individual   well. And this information is used to um  prioritize uh the work that's done on the wells,   whether it be reworking the well um to bring  it back to like new condition or for those   wells that are into the third useful life, they  will be plugged and replaced with new wells.   Likewise, the Wellfield spurline project u  promotes uh ongoing reliability of delivery   of raw water from the equeds wellfield of town  for treatment. Uh the spur lines connect the   municipal supply wells to the main transmission  lines within um the wellfield and these pipes are   nearing the end of their useful life and  so they are in need of replacement. This   is another one of our um year-to-year ongoing  projects that you may be familiar with already. the uh sanitary sewer lift station rehabilitation  project. Um it it uh makes sure that the 60 uh   pump stations that serve the sewer system uh  remain functional and maintain the necessary   capacity to serve each individual basin. Uh  work is developed and prioritized based upon   the age condition consequences of failure of each  station as well as the um needs for capacity due   to growth. The wastewater treatment plant UV  system project will replace the outdated and   no longer supported UV treatment system located  at plant number three. This is for disinfection   purposes. It's the final step in the treatment  process to make sure that microbial growth is   attenuated with any effluent before the water  is discharged into the receiving stream.   Financial considerations include the  adopted 2026 through 2035 CMP, CIP,   pardon me, includes the following budgets. Uh for  the Cheni pumps, $3 million is is being requested,   bringing the total amount to $3,450,000 for the  project. The distribution southeast pump station   pump pump station fee completion in the amount of  $300,000. the water production variable frequency   drives in the amount of $800,000 bringing the  total budget to $850,000. Uh the request for   the wellfield power poles is $1,20,000. For  the wellfield rehab project is $2,400,000.   For the wellfield spurline replacement project  is $250,000. For the sanitary lift station rehab   replacement project, $1,200,000. And finally, for  a replacement of the wastewater treatment plant 3   ultraviolet disinfection system, $2,100,000  for the total funding request of $11,70,000. It is recommended at this time that city  council approve the projects and budgets,   adopt the resolutions and notices of intent, and  authorize the necessary signatures. Thank you, and   I remain for any questions that you have. Thank  you, Don. Questions for staff, beginning with   council member Hoheisel. Thank you, Mayor. Uh,  thank you, Don. I appreciate uh your work on this. Don't want to get too in deep into the uh deep  into this, but um how much extra would it cost to   bury the power lines? I don't have the information  at my fingertips. Um but as we move forward with   the project, that's one of the things that we  can take a look at. I think the information   that we have would be a bit dated specifically  to the wellfield. Um, however, how are some of   the some of the work we've done recently um around  Hes Hess um pump station and things we've looked   at some underground power there. So, we should be  able to put some numbers together for you and get   back to you with that information if that's  okay. Okay. Yeah, I am curious. I think that   would um help with a number of things. Um just  durability of the equipment. Um I know that also   during the warmer months we lose some energy  because of the heat and it's not insulated.   So I I am curious about that and just seeing  what that price looks like. So yeah, and that   and that's a good point in terms of reliability.  I mean, you know, the uh the whalefield is an open   area out in the country away from the city that's  susceptible, you know, to high winds and storms   and things like that. That's why the metal poles  will provide a great benefit over the wooden poles   um with underground power being optimal. But we'll  take a look at the uh the cost and get back with   you. Okay. I appreciate that. Thank you. I see  no further questions from the bench. Thank you,   Don. We will now open it up for public comment.  I see no one from the public who would like to   speak on this item. I will go ahead and move  this item. Um I move that the projects and   budgets adopt the resolution and notice of  intent and authorize necessary signatures.   Second. Motion. Second. Discussion. Seeing  none, Madame Clerk, please open the role. Motion passes 70. Madame clerk, please call  the next item. Supplemental agreement number   one and funding for aquafer storage and recovery  phase 3 recharge basins project. For the record,   Don Henry public works and utilities. Um the  item before you seeks approval of supplemental   agreement number one for the ASR phase 3 recharge  basins project as well as um authorization of   budget for construction of the recharge basins.  Um city council may recall on January 2nd, 2024   um that the council authorized the initial funding  in the amount of $3 million to begin the ASR phase   3 recharge basin project. The project includes  the design and construction of two new Oxford   and storage and recovery recharge basins. Um on  January 2nd, 2024, the city council also approved   the current contract with WSPUSA Incorporated for  engineering services in the amount of $1,650,000   for the preliminary uh design work. As previously  discussed, the new recharge basins will continue   to maximize the benefit of ASR assets in order to  hold cost down. Um, no additional infrastructure   will be needed in terms of delivery of water  or treatment. Um, the assets include the river   intake structure and pump system that's located  on the Little Arc, Kansas River nearby the um,   ASR treatment facility. It also includes the  settled water system associated with the intake   um uh system and the advanced treatment system  that includes membrane micro filtration as   well as advanced oxidation processes. This  will also utilize the treated water storage   and high service pump station that delivers the  finished water into the well field for injection.   The new basins will be strategically located to  maxifi maximize artificial recharge and optimiz   optimize the accumulation of ASR credits through  time. These areas include uh where the aquifer   varies the most in terms of um aquifer levels and  where the water is drawn down annually the most   um due to the city's pumping in the in the area  of the centralized wellfield. The favorable site   conditions also include the most optimized per  percolation rates and hydrogeeologic conditions   um to promote uh recharge into the aquifer.  We've also taken into consideration as we   explored sites those that are um most closely  uh situated with existing transmission lines   within the wellfield. This project remains in  alignment with the ASR phase 2 goals overall.   It will continue to protect long-term  aquifer conditions in the city's wellfield,   including both quantity and quality of water. The  two new recharge basins will allow for strategic   post drought recharge in areas of greatest  depletion, shortening the time for aquafer   recovery um after periods of long drought. The  basins will continue to allow for more efficient,   reliable approval of recharge credits, which will  be available as a supplementary supply uh during   extended droughts. Uh the project has regional  and federal support and will be constructed in   financing collaboration collaboration with  the United States Department of Interior   Bureau of Reclamation. Work completed under  the current contract with WSP includes the requ   um the completion of the updates to the envir the  existing environmental um impact statement for   ASR. The hydro hydrogeeological investigations and  testing have been completed to identify the best   locations and preliminary design work for the two  recharge basins has been completed. The proposed   supple supplemental agreement number one is  needed at this time to move forward and finalize   the engineering design uh produce the necessary  bid documents and provide construction oversight.   Um, additional budget is needed to cover um  the the uh supplemental engineering work as   well as construction of the two recharge bases.  Financial considerations include contract costs   as mentioned before. Um the uh initial contract  with WSP was in the amount of $1,650,000.   The proposed supple agreement number one provides  for the final design and construction oversight   um at a cost of $830,000 bringing the total  cost for engineering services to $2,480,000. Um details on the project budget include  the initial $3 million um dollars in funds   that city council approved on January 2nd of 2024.  Additional funding is available for the next phase   of the project and the phased water supply um  program CIP line item initiation expendure. These   funds will not in um impact rates in any way and  staff recommends initiation of $6,600,000 at this   time to cover the final design and construction  bringing the total project budget to $9,600,000.   The project will be funded by water utility  funds and the BOR assistance agreement which   allows for up to 25% of qualifying costs.  It is recommended at this time that the   city council approve the supplement supplemental  agreement number one, approve the revised budget,   adopt the amending resolution, and authorize  the necessary signatures. Thank you,   and I'll remain for any questions that you have.  Thank you, Don. Questions for staff? I see none.   Thank you um for both presentations, Don, uh  regarding our water and sewer system. Both are   critical assets of our community and I have trust  that you are working diligently with your team on   these uh improvements. Thank you. With that, we'll  open it up for public comment. I see no one from   the public who would like to speak on this item.  With that, I will move to approve the supplemental   agreement number one, approve the budget, adopt  the resolution, and authorize the necessary   signatures. Second. Motion second. Discussion.  I see none. Madame clerk, please open the role. Motion passes. 70. Madame clerk, please  call the next item. Public exigency to   repair irrigation controller  at Auburn Hills Golf Course. Good morning. Sorry. Good  morning, Mayor, City Council. Uh, for the record, Jesse  Kaufman, golf division manager. Okay. Um, here regarding a a an issue with the  irrigation at Auburn Hills Golf Course. Um,   give you a little background. the um earlier this  year in January, the system started experiencing   electrical surges and we uh brought out some  qualified technicians that conducted multiple   diagnostics and it was determined that the  variable frequency drives or the VFDs that   basically are the brains of the system had failed  and they needed replacement. Uh that created   um several problems. Without the VFDs, staff can  manually irrigate about 10 sprinkler heads at a   time. That's very inefficient to be effective  and get the irrigation that we need to keep   the course healthy. Uh requires approximately at  least 40 sprinkler heads uh to be able to running   to be able to run at one time. Prompt action  needed to prevent inadequate irrigation risk   before the growing season. We are fortunate that  this happened when it did and not in June. Uh the   replacement lead time is 8 to 10 weeks to get the  new products in and installed. The RFP process   delay would push completion to a mid to late  summer to mid to late summer and that inadequate   irrigation could cause several issues including  significant turf damage, reduced customer   satisfaction, harm to our reputation, hundreds of  thousands of dollars in revenue loss and repairs.   uh solution. The city manager authorized recur  procurement for replacement under public exency.   Vendor notified to proceed anticipated repairs  uh will take place in April. The VFD replacement   will integrate with the new irrigation system.  As you all know, we're planning to replace that   entire irrigation system later this year. Um the  good thing is we were going to have to do this   anyway. We just have to do this part earlier than  we expected, but um it will integrate perfectly   with the new system. So it's not that we'll  have to do again with the new system. Financial   considerations staff contacted vendors and  identified only two firms capable of performing   this highly specialized work. We received quotes  for repairs from both firms. We selected the   lowest bid which is new co- pump for $122,30  and the funding to cover the cost is available   in the golf division's irrigation fund. Legal  considerations and recommended action. City Code   section 2.64.020C public exigency authorizes the  city manager to approve work in those instances   where the urgency will not permit delay for a  formal bid process. The city manager approved   proceeding uh with this project on February  4th of this year. And it is recommended that   the city council affirm the city manager's public  exigency approval per city code section 2.64.020C   20C for the repairs of the Auburn Hills Golf  Course irrigation controller. And with that,   I'll be glad to answer any questions.  Thank you, Jesse. Questions for staff. Um,   I just had a follow-up question. I know that in  the financial considerations, it does say staff   received two quotes for repairs. Um, how were you  able to find those um, companies? And I want to   make sure that there was an an opportunity for  people who could do this work to have done this.   We tried a lot of things. We we searched all over  I mean all online trying to find companies that   do this. I contacted mult multiple golf courses to  find um any companies maybe they had worked for on   this project and we found a lot of companies that  work on wells but not this particular part. Um so   we we did a nationwide search in every way that  we could come up with and these were the only two   um that we could find that could do the work.  Thank you. I see no further questions. Thank   you for all the work you do. Thank you. We'll  open it up for public comment. I see no one from   the public who would like to speak on this item.  Auburn Hills is in Vice Mayor Glascox District.   Thank you, mayor. I would move that the city  council affirm the city manager's approval per   city code section 2.64.020C for the repairs of  the Auburn Hills Golf Course irrig irrigation   controller. Second. Motion second. Discussion.  See none. Madame clerk, please open the role. Motion passes 70. Madame clerk,   please call the next item. Contract for  seasonal and temporary employee services. Good morning. Andrew Hudsmith in the HR  department here to talk about seasonal and   temporary employee services. The city of  Witchah has utilized a temporary staffing   agency to assist with providing employees  for a variety of positions since um 2003   across the organization filling approximately  22 positions on um an annual basis on average.   This service has provided access to a broader  labor pool, enhanced operational flexibility,   reduced administrative burden, and in some cases  serve as a pathway to permanent employment. On   July 15th of 2025, city staff issued a request for  re uh proposal. 31 vendors responded to the RFP.   The staff screening and selection committee  initiated the evaluation process to narrow the   submissions to a short list and interviewed nine  of of the 31 vendors uh that responded to the RFP. Due to positions requiring more technical and  specialized expertise such as water utilities,   engineering, information technology, and finance,  it was determined by the uh SSSC to award the   top two firms to ensure adequate coverage and  flexibility for specialized hardto-ill positions. Cindio uh staffing uh will provide services  at a rate of 41% of base wages for non DOTT   and 46% for non for DOT covered positions.  The rate is inclusive of required screenings   and associated employment costs with no  fee um required for direct placement.   22nd Century Technologies uh will provide services  at a rate of 32% of base wages for all positions.   The rate is inclusive of required screenings  and associated employment costs with a direct   uh placement fee uh in the schedule is listed 0  to one month, 12% of the annual salary, one month   to three months, 9% of the annual salary, three  months to six months, 6% of the annual salary,   more than six months, there would be no fee.  Departments utilizing the contract will fund   services within their approved budgets. In recent  years, the city has spent approximately 400,000   47,154 on average annually on temporary staffing  services inclusive of wages and vendor fees.   The legal considerations. The law department  has reviewed the contract and approved it as   to form. It is recommended that the city council  approve the contract and authorize the necessary   signatures. And if you have questions, I'll take  them now. Thank you, Andrew. Questions for staff,   beginning with Vice Mayor Gascock. Thank  you, Mayor. Um, I just have a quick question.   Obviously, if there's 31 vendors that applied,  nine were went through the selection process.   is probably probably pretty comparable, but um  just doing the quick math for the 22 positions   last year at what the um financial considerations  would be comes out to about $18,000 per hire. That   seems high, but I would imagine that's probably  in line with industry standards if we have that   many vendors. Can you talk about maybe what the  standard rate um would come out to? Sure. There is   somebody here that could uh answer that question  for me. So, we're going to ask them to come up. Good morning, Mayor Council Pam Deer. Um, HR. So, go ahead and can you rephrase that? So, you  were asking in regards to in the past years we've   used Cindio. So we just kind of took our average  over like the last three to four years. Some of   those years would have been higher than the 22  employees we may have had more. So we just kind   of averaged that out um to the 18 to be and  then that number through that that that kind   of helps of what you're asking. So averaging out  comes to about $18,000 per hire. Was that pretty   comparable among all 31 vendors? Yes, we had  very comparable um when we did the selection   committee. Not only did we hold our interviews,  we sent out questions after that. Even asking them   um deeper dive questions because a lot of  them did not disclose that fee, you know,   to to bring someone on where Cindio does that  inclusive 100% were not charged a fee. Um a lot   of them do charge that placement fee. So,  we had to be very diligent in finding out   exactly what they were going to be charging and  then what did it include because DOT you have a   different physical than someone that wouldn't.  So, we needed to make sure they can encompass   all of that and know exactly what it was going  to cost us. Awesome. Thank you for that answer. I see no further questions from the council.  We will now open it up for public comment.   I see no one from the public who would  like to speak on this item. With that,   I will move that the council approve the  contracts and authorize necessary signatures.   Second. Motion second. Discussion. Seeing  none. Madame clerk, please open the role. Motion passes. 70. Madame clerk,   please call the next item. Public art  downtown sculpture purchase initiative. Good morning, mayor and council. Lindsay Binoco  with the city manager's office arts and cultural   services here to talk about a project that's  been a long time in the making, but we're happy   to be here today. A little bit of background,  as I think most of you are aware, and welcome   council member Shepard to the conversation on  our cultural arts strategic plan that was adopted   uh in 2024. Uh that plan outlines a mission that  the for the city to ensure that everyone has   equitable access to cultural arts opportunities  by activating and strengthening the creative   uh potential of our community. And we have two  uh objectives that are related to this project.   One is to continue to grow and restore our public  art collection. And the second objective here 4.1   uh is to support efforts to stimulate the  creation of artwork and cultural opportunities   by developing a public art artist toolkit. Um,  and that's related to this project because it was   uh serendipitous timing that we launched a  a toolkit for local and regional artists to   better understand how to competitively bid in our  public art program. And that toolkit launched last   summer, right around the same time we launched the  RFP for this project, thinking that it was a good   uh gateway project for local artists to to  learn how to be part of the process. Uh,   so we were really proud to launch that toolkit.  At the same time, uh, some more background on   this specific project is that the CIP, uh, has  a an item to address the currently vacated,   uh, art pedestals in the downtown area. Uh, the  pedestals had previously been programmed by Witch   Harts Council, which is an independent nonprofit  that the city partners with on a lot of different   things. Uh, since the program was sunset, uh, I  believe in late 2023, the pedestals have either   been vacant or temporary works of art have been on  loan to the city. Uh the design council allocated   $200,000 of the percent for art program through  the CIP pro uh uh budget uh to program funding for   fiscal year 25 to fill the 13 vacant pedestals  uh with permanent work to further be beautify   the downtown area. Uh city council approved  the initiation of the funds on February 18th,   2025. Um, and additional funding for the project  was awarded through the National Endowment of the   Arts, uh, in the amount of $40,000 and the Kansas  Arts Commission in the amount of $10,000. Of note,   both of those are highly competitive programs and  we received full funding uh, from the Kansas Arts   Commission uh, on this project. Uh, in a moment  we'll talk about the the timeline and the artist   selection pro process. Um, while we were really  excited to receive the NEA funding last year,   federal funding uh kind of stalled the project as  we uh were uh working through contracting during   the government shutdown that kind of paused where  we could move this project forward. But we're   excited that we've finalized those contracts with  both the state and federal agencies to to move   this project forward. Uh this project has uh set  goals and criteria that were developed with the   design council. Uh they included to en enhance the  aesthetics and character of the downtown Witchaw.   Uh create unique and memorable experiences for our  visitors, foster a sense of community and place,   reflect our cultural heritage of Witchaw, and  be durable, safe, and lowmaintenance. Uh and   the image here is a map of the the locations uh  of the pedestals that are currently available,   most in the Oldtown area, two by Interest Bank  Arena, and one from the ballpark. And with that,   I'll turn it over to our public art manager, uh,  Jana Irwin, who, uh, facilitated this process. Good morning, Mayor, City Council. So, we had a very successful request  for proposals with this project.   We had 234 total submissions. 76 of those  were from 39 Kansas artists. So the RFP   was approved by design council June 2nd of  2025. It was issued on cafe or call for entry   uh.org on June 9th. The application deadline was  July 21st. And then we had our first round of   scoring that was done by the selection committee  from July 23rd to July 29th. And then lastly,   the selection committee reviewed um um and ranked  the finalist on August 15th. And those finalist   sculptures were recommended for purchase were  approved by design council on September 8th,   2025. And as Lindsay um advised, the project was  put on hold pending federal grant um finalization.   And I think it should be noted that both the  National Endowment for the Arts Grant and the   Kansas Human or Kansas Arts Council grant are  highly competitive grants within the public art   um sector. And so we were very very  proud and pleased to receive those. So artists living and working in the United States  were eligible eligible to apply for the RFP with   a geographic preference given to Kansas artists.  Artists could submit up to five applications and   concept of concept designs or existing works. The  10 member selection committee um was comprised of   various stakeholders who reviewed and scored  the submissions based on the art goals and   criterias of the project. Um the selection  committee was provided with a scoring rubric   that broke down a 20 point um scoring system  into units of five with that uh those sections   being artistic excellence goals in alignment  with the project capabilities and feasibility. The selection committee then met  to review the scoring results and   determine a short list of 21 finalists  out of the 234 submissions. 14 artworks   uh were then presented to design council  for consideration and 13 were approved which   uh were those 13 included eight Kansas  artists and five national artists. So, I thought we'd walk through um Oh,  I'm sorry. I think I Yep, I did. So,   the culmination of the selection process um a  very diverse and well-rounded group of artists   um have been selected uh representing  both local and national talent.   The finalist rankings reflect a balance of  artistic excellence, conceptual strength,   and alignment with the project goals. And  the selections showcase a wide range of   perspectives and practices contributing to a  dynamic and engaging visual experience for the   community. And this type of thoughtful acquisition  strategy that includes both local and national   artists creates balance. The local artists  reflect um our community's identity, culture,   and lived experience. Investing in their work  keeps cultural dollars circulating locally and   demonstrates tangible support for the creative  economy. And national artists bring broader   recognition and artistic distinction, positioning  our city within a larger cultural dialogue. So, I'm going to um run through the selection of  13 artists that are being recommended by design   council for purchase. Um our first our first  artist is John Ernnat, who is a very well-known   and wellrespected local artist. He was one of  the original co-founders of Fish House in the   Commerce Street Arts District. He is co-founder  and co-owner of Diverse Studios also on Commerce   Street. Um and he has his work is held in both  corporate and private collections throughout   the state. And he has participated as an artist in  um a couple of re uh uh one one recent public art   project uh with with McAfee swimming pool and  he has work at Botanica and a number of other   uh locations throughout town. what he's proposing  is titled big dialogue. Um what you see here are   mockettes that he has created of the concept  design. The uh finished artwork will be created   out of steel, bronze and enamel. It will be  60 in high and the purchase price is $15,000. The second work is by an artist out of La Lmpton,   Kansas named Mara Straer. It's titled The  Farmer. It is an existing work. Um it is   uh made of welded steel with clear coat.  It is 105 in tall and the purchase price is   $8,000. Mara is an artist in eastern Kansas. Um  and she's exhibited exhibited her work nationally.   Um the farmer is actually included was included  last year um in a sculpture exhibition outdoor   sculpture exhibition in Lawrence Kansas and she  has work at the University of Kansas as well. The next work is by artist Kelly Tomkins out of  Enid, Oklahoma entitled Witchah in Bloom. This is   a concept proposal. Um, and it uh the finished  work would be 9 and a half feet tall. Purchase   price is $14,000. And we recently worked with  Kelly Tomkins on the Rockwell Library project.   um uh last year uh she created uh one of the  murals in the community meeting room and she   was excellent to work with and she received over  the last couple of years she's received a couple   of words of of awards from her home community in  Eden Oklahoma one um was a civic improvement award   uh from the greater Eden Chamber uh for public  art and um she also received cultural collaborator   award from the Enid Young Professionals for  her work in in the cultural arts in Enid. Our next artist is Armando Minares. Um he is from  Witchah. Um this is again a concept proposal. Uh   the finished work would be would be composed  of ceramic, metal and concrete and would stand   about 8 feet tall. Armando is well known within  our arts community here in Witchah. Um he has   uh he is the owner and founder of Delorte Studio.  He was the founder he is the founder and director   of Horizantes project. He is co-founder and  director of um the seed house. Um he has   received numerous awards for his community work  uh here in Witchah and uh outside of Witchah.   And he is currently one of the commissioned  artists on several of our uh city of Witchaw   public projects, CIP projects including  Douglas Cynica deidian, the new transit hub.   Um he's previously worked on uh Chester Eye Lewis  Park and the baseball stadium and numerous others. Our next artist is Helena Chastel. She is based in  Brooklyn, New York. Her proposed work is Aquilla   um uh Aquilla. I'm sorry, there's an error on  this slide. This is an existing work. It's not   a concept proposal. It was produced in 2025. Um  it is uh made of stainless steel and stands 84   inches high. And Helen Chastel has exhibited her  work internationally. Um and has studied at the   Studio School in New York and uh the Art Students  League of New York in Brussels and in London. Our next artist is Mike Miller.  He is also a well-known artist   uh here in Witchah who resides in Towanda,  Kansas. His work is currently on view at   uh the baseball stadium Machine Nature  Interface. The purchase price is   $8,000. We do anticipate that this  work would remain at this location.   um Equity Bank Stadium is um loves this work  and and has no desire for it to uh go elsewhere. Eric Schmidt is also a local Witchaw artist.  Um he has uh submitted a concept proposal that   in which he intends to build what he calls the  perfect shape and it will consist of two nearly   identical toroids of different sizes with a  continuous surface from one to the next. the   overall dimensions etc. uh will be determined  uh through the concept development with   um with staff with city staff. Um the  images you see are examples of this type of   um investigation that Eric Schmidt does in his  practice. Um he's also an an inventor. I think   he holds about 10 patents uh uh for various um  what would I call them? Uh uh fascinating um uh uh fascinating um inventions  in aerodynamics and acoustics etc. The next item is by artist Russell Whiting out  of Brobridge, Louisiana entitled Migration. This   is an existing work that was created in 2025  and it is uh created from carved steel. It   is 126 in high and cost $14,000. Russell  Whiting um is kind of really pioneering   um the uh method of sculpting metal with a torch.  That is the um technique that was used on this   piece. Um he has exhibited nationally and worked  in the public arts sector nationally as well. Next item is by J. Erin Alderman. He is out  of Breford, North Carolina entitled I Went to   Sea. It is uh um composed of steel and copper  and is 122 in high with a purchase price of   $15,500. Um Jay Erin Alderman has received  uh quite a bit of recognition of late in   the public art sector for some of his public  art installations across the country. Um he   Yeah, that's all I'll say. Next up is Mark Dery,  also a local Witchaw artist. Um, his concept   proposal is entitled Travel Throne. Um, it will be  constructed of epoxy, bronze dust, and steel. And   dimensions are variable. I think we're going to  have to work on um the the the size of this piece   as as we work through concept development with  um with Mark. Uh purchase price is $14,000. All   of you may remember uh in the in the early years  of the sculpture walkabout, Mark Dery had several   pieces um included uh for many many years. And uh  a couple of those I think this is a very much a   nod to those early sculpture walkabout works that  were constructed of uh vintage suitcases cast in   hydrastone. Um one was a rocket, one was I  can't remember what the other one was, but the next artist is Brady Hatter out of UD Doll,  Kansas. He's quite well known in the Witchto   arts community and has uh produced works  um on a number of different projects. Um   his piece is entitled Mr. Hatter's Pursuits and  Becoming Human06, The Fisherman. It is composed   of steel rod. It is currently on temporary  loan to Salina uh the city of Salina with   their um uh sculpture tour program in the  downtown area. um purchase price is $10,000. And Brady, uh you've probably seen uh Brady  participated in the uh swimming pool improvement   projects um in 2020 2021. A number of works are at  Alley Harvest. Um I can't remember which what the   other one is. Uh but I think there's another  pool that he has work at as well. Um and the   uh pods at Witchaw State University were done by  Brady. Um and the um uh the new baseball stadium   uh signage uh that was done uh at uh  at the baseball stadium is also Brady Jacob Bermude is the next artist. Um he is out  of St. Joseph, Missouri. He's a graduate of   uh the University of Kansas. Um his work is titled  Depth of Form from 2015. It is an existing work.   It is cold cast aluminum and stands 90 in  tall with a purchase price of $15,000. Uh   you may be familiar with Jacob's work. He  is represented by uh both Leopold Gallery   in Kansas City and Ruben Saunders Gallery here  in Witchah. His work has been in Ruben Saunders   uh galleries uh windows over the past  couple of years. Um and you may also   have seen some of his more monumental  work at Arrowhead Stadium in Kansas City.   um University of Kansas Hospital in Kansas City  and a number of uh pieces in the city of Lawrence. Our final uh artist is Chris Bruner, also a local  artist and very well known here uh with both   private and corporate collectors. He has also been  a participating artist in the city of Witchah's   public art program for a number of decades. His  concept proposal is through difficulties. It   will be composed of steel and granite and stand  $120 in tall with a purchase price of $12,500. And I'll turn it back over to Lindsay. Thank  you, Jana. I'll finalize the presentation with   financial considerations. The adopted CIP includes  $200,000 in GEO bond funding for the project. Um,   again, we did receive two grants for this  project. One at 40, one for $40,000 from the   NEA and $10,000 from the Kansas Arts Commission  related to this specific project. And the total   acquisition costs for purchase of the recommended  sculptures that we just went through is $169,000.   Uh the remaining uh available funds in the amount  of $81,000 are to be used for pedestal restoration   work uh as required signage installation equipment  crews and other associated costs with a specific   project that may be identified as it moves  forward. And with that uh staff recommend to   approve the sculpture acquisitions and I stand for  any questions. Thank you Jana and Lindsay for the   presentation. We will have multiple questions.  Council member Hohheisel. Thank you mayor. Um   thank you Lindsay. appreciate it. Um, when would  we expect any of the proof of con or the the ones   who are just conceptual only to be um placed on  the pedestals? Um, it would perhaps depend on   each specific one. I would hope that we would be  able to finalize installation end of this year,   early next year in terms of the full project,  but we might go back and forth with individual   projects depending on what's already existing  within um an artist's uh collection versus what   is being created specifically for this project.  Okay. Um and there was one one that there wasn't   really very much it was descriptive. It wasn't  necessarily what like a a visual proposed.   Um so is there any oversight or would that go back  before the committee um to okay the design as it   as it develops? Great question. Uh yes it would  go back to design council. So uh this project is   a little bit unique but if you think about our  typical order of operations with a public art   uh project through the presenter art program  is uh we would do the RFP that uh is guided   by design council. Then we collect 30% design  concepts which is comparative to what you're   seeing today. They hear the proposed designs um  which include existing works. Um those designs are   further developed and then they go to design  council for final approval. Okay. Thank you,   Vice Mayor Gasco. Thank you. Thank you, Mayor. And  so looking at the total financial considerations,   it looks like um 50 just confirming 50,000 of it  is from grant support. Is that correct? Correct.   Okay. I have two additional questions. Do we  have sign assigned locations for each? Because   there are some that I think makes sense in certain  areas, some that I'm like, I don't like that. And   maybe certain areas out of the pedestal project.  Uh, again, great question. No, we don't have sites   identified for each piece with the exception of  Mike Miller's at the baseball stadium because   it's already current it's currently there. Um,  but we would work with the design council and   likely the Oldtown Association downtown Witchoff  for site placement. Um, it's also related to the   size of the pedestals and the size of the works.  There's a lot of logistics that we would go into   just court name the the exact location but direct  answer no we do not have sites identified often   projects come to us one by one and we approve what  the visual representation we see at a percent of   the design there are two that are just proof of  concept they aren't the actual product that's   going to be delivered um or at least two when it  comes to that because we don't have it will it   come back to this body to approve or because  these amounts are more nominal then large   infrastructure projects will it just continue  as is? Uh the recommendation is to approve as   presented today and then it would go back through  design council. We would not necessarily bring it   back to city council unless that's the will of  this body to do so. Okay. Thank you. Council   member Tuttle. Thank you. Um so Lindsay, there's a  there was a 10 member selection committee. Is that   correct? Yes. And these 13 artists were selected  unanimously or is that my understanding? Um in   your agenda packet you have the kind the scoring  rubric. Um as you can imagine selecting our is a   very subjective process. We had a very dynamic um  conversation around the selection uh of the works   and ultimately uh we move forward with the scoring  rubric. Uh the selection committee did have two   two full rounds of scoring. the initial uh sifting  through the hundreds of submissions to to narrow   it down. Um then we had a healthy conversation,  picked out some some opportunities, some   challenges with different pieces. Uh and then we  open scoring back up to the selection committee um   and refined it from there. Um and then ultimately  the 13 that were selected were brought to design   council for for approval to bring today. I will  note that if I may, there were actually 14 uh that   moved forward to design council for consideration  uh with a tiebreaker uh that the design council   made preferring the the local or the Kansas  based artists versus the national artists. So,   we did have a tie on on on the scoring board.  Thank you. And design council approved unanimously   with one abstension. Is that correct? Yes, Janna  is nodding. Thank you. Of the 13 artists that were   selected, am I correct that eight of them were  either local or Kansas artists? Yes. Do we give   any kind of preference to local or state artists  in the selection process? Um, in this selection   process, we did uh identify that as a priority,  but we didn't provide additional bonus points or   scoring for that. But it was something that was  in mind of the selection committee and design   council. Yes. Okay. I'll have more questions and  comments, but thank you. Vice Mayor Glasco. Thank   you, Mayor. Just one additional question. Design  council is appointed differently than a lot of   our boards and committees. Can you talk about  that? Uh, sure. Uh, design council is made up   of a variety of professions. Um, and I I'll try to  list them and I apologize if I leave one out. Um,   we have landscape architects, engineering, uh,  engineers, uh, artists who work in the public   field or public art sector. Um, we have a graphic  designer. this where I know I'm going to forget   a couple, but the unique professions that that  interact with this field to make sure that we're   looking at uh these design projects from lots of  different angles. Um, and this board is completely   comprised of mayorappointed uh individuals, which  I think makes it a little bit more unique than   other boards as you mentioned. Thank you. I have  multiple questions. Thank you again for inviting   me to be on the 10 member selection committee. Um,  I had robust conversations with uh the committee   uh knowing fullheartedly that America's  250th anniversary was coming up. Uh during   the conversations and so one of my very first  concerns uh being part of the committee I asked   um is there a theme? Um and can you address why  there was no theme or could there have been a   theme? Um I mean the the first the latter  question of could there have been a theme?   Yes. Um I'm going to scroll back to uh the project  goals and criteria that were developed with the   design council. Uh this was our guiding um focal  uh point in in the RFP and then also provide to   the selection committee. So not necessarily a  specific theme as you mentioned, but uh these   were the bullet points that we were trying to keep  in mind when we were considering the selection.   Now I'm going to go back to some technical  questions. Can you go back to slide number 133? Thank you. Um can you start off by explaining um  the 200 mil uh $200,000 in general obligation bond   funding for this project? So um can you explain  some projects last year didn't get a static piece   of art in their CIP project. Can you explain  how this $200,000 came about? Uh I will try.   Uh this funding is part of the percent for art  program uh through the CIP. Uh so we have 2% of   eligible projects of the budget uh are earmarked  for public art. Uh that varies yeartoear. I   believe last year is in about 1.8 million across  1.8.2. Thank you. 1.8 million um uh dollars was   allocated in 2025 for public art. Uh the design  council reviews all the projects within the CIP   um and identifies uh public art opportunities.  Uh this project is a little bit unique because   I would say this is our only project since  the ordinance was passed that is a standalone   project. It doesn't complement other CIP projects  uh necessarily. So Jana mentioned the pools and   the libraries where there's major construction  or development happening on a project. Uh   design council puts additional funding in that  project earmarked specifically for public art.   This project was identified uh because of the  need uh to to fill the vacant pedestals that   currently exist within our infrastructure um and  to address their maintenance needs as well. So   we treated this as an infrastructure uh project  to do a one-time purchase of artwork to infill   those vacant pedestals in downtown. Um but  but that funding is directly a result from   the percent for art program. Um, again, it's the  only time we've done an independent project from   from other capital projects and I don't believe we  have any future projects slated for this um within   the current CIP. Thank you. Um, knowing first and  foremost, congratulations on gaining outside money   to match what the city is allocating for public  art. That's an additional $50,000 that would not   have been around had it not been for you and your  staff applying for a national grant and a state   grant. Um so my question then becomes um must  those $50,000 be for purchasing uh new art or what   were the stipulations uh regarding those grants?  Uh we proposed th those grants to to complement   the this project. Um I believe both of them have  a match component. So we said the city has this   program already in place. Um we had proposed it  within the design council. It had been approved   through the budgeting process. So we applied for  both of those grants um with the $200,000 as a   match to those grants. Uh they are to complement  the project uh to purchase art and and fill the   the vacant pedestals. Each have their own specific  contractual obligations, but it's to overall   complement the project. Thank you for leveraging  outside dollars. in addition to city dollars.   That is one of the things that I was very happy to  hear as part of the committee. Um, however, I also   was very concerned uh knowing that again there  was just an open call with no theme and so we   received what was it 200 plus submissions all over  the place and even right now the 13 various items   And art is in the eye of the beholder.  Um, and there are certain pieces I like,   there are certain pieces I don't like. Um, so  maybe this question is whether it's for you,   Lindsay, or for legal. Can we vote  separately on each one of these items? I see no reason why not. Perfect. Thank you,  Council Member Tuttle. Um, thank you. Um,   Lindsay, when these are installed, how will we  communicate to Witchins, to our visitors maybe   where these all are so that they can go and and  visit them and, you know, because they're going   to be a little bit, you know, not all in one area  or along a specific path. How will we communicate   so that people can see these treasures? Uh,  thank you for that question. U, we utilize   a platform called public public.org. This is  the national kind of registry of public art.   uh within communities. Uh majority of our public  art collection is currently listed on that,   including uh several pieces that are already  within the downtown corridor. Uh I would like   to maybe take this opportunity to point out  a couple additional pedestals exist that used   to be part of the sculpture walkabout program uh  that have been infilled due to private donations,   the local businesses, uh a donation from  an artist themselves. So there's additional   uh sculptural pedestals that complement this  series. Uh, but the map on where to find them,   how to how to find them. Uh, we have that landing  page at public art.org. I'm not going to look at   Jana right now as I say this because we are also  thinking through what hosting a public art tour   would look like and a walking tour or something  like that that we definitely need Janet's   expertise to figure out. We've done a few of them  casually with specific stakeholder groups. Uh,   but given the significance of this project, we  would want to definitely explore that. Sorry,   Janet. And thank you in advance for helping  facilitate that. And and that's exactly what I   was hoping you would say. And you mentioned again  this is enhancing or a part of our strategic plan   for cultural arts that we unanimously approved.  Correct. Yes. The next comment I'm going to make   is not a question, it's a comment and I'm going  to um editorialize a little bit and I apologize,   but I have deep concern with us addressing these  individually. I think it could be insulting to   the artists. I could think it could be insulting  to the selection committee. I think it could be   insulting to the design council. We put people  in the selection committee because we want   their community input. We put people in the design  council because we want their community input. Um,   this body is a policymaking body. We should not  be determining I like this piece, I like blue,   you like yellow. I think it's opening a Pandora's  box for not just projects such as this, but across   everything that we do. This went through  the process. If we don't like the process,   we need you to change the process. But this is  presented to us as an item, and I think we should   address it as an item. Thank you, Council Member  Shepard. Thank you, Mayor. My question is actually   for you and and maybe others who feel this way.  When we talk about potentially separating this   out and and art being in the eye of the beholder  on the surface, I completely agree with you. Um   I'm I'm curious what is the rationale behind that  in regards to this and separating this out. My   concern started from the very beginning of this  selection committee when I was on the selection   committee knowing that there was no theme. It was  a hodgepodge of entries. There were actually some   entries that would have made sense with Witchah.  Um and again it goes back to there was no clear   direction at the very beginning of narrowing down  a focus area and again it has been top of mind for   me that this is America's 250th anniversary and  so I thought about that even a year ago when I   was part of this election group and so that has  been top of mind for me. So, it's not a first   time conversation that we've had. Even though  at workshop last month, we had the 250th talk,   this has been part of my thinking since before  that. Um, and leveraging these dollars, especially   with state and federal dollars, uh, seems to make  sense with having some sort of theme. And so, if   uh there is no will to separate this out, I for  sure will be voting against this. Um, and so I   don't know what that process would look like, but  uh, again, that's my intention. I appreciate that,   mayor, and thank you for taking the time to  um, provide your rationale behind that. Um,   I would just offer another interpretation and and  I know that um, America's 250 is coming up, but   I think one of the beautiful things about America  as it currently stands is the diversity here. Um,   and I think our country is well known that we have  different people from different walks of life and   that's what makes our country great. It's always  what's made our country great. And the beauty   that I see in art is the diversity in art. So I  would I would argue that another interpretation   is that keeping it wide open also allowed for  the opportunity to look at the wide array of   diversity that could attract people from all  across the state, maybe even the country to come   into Witchah. Um, you know, we talked a lot about  what's going to drive tourism into our community   because we know that that matters as we look at  the economic advantages of having tourism in our   city. And I will tell you once again, I said this  at the workshop, I'm going to say it again today,   that art is is an opportunity to leverage that  economic incentive. When we look at the numbers   of what art has done in Witchah alone, we know  that the economic advantages of having the design   council and the work that they're doing, having  art happening from all levels, not just fine arts,   but arts like the ones we're seeing today, we know  that it drives revenue in and we know that it also   um has been decided in the past by the design  council. So, I'm going to choose to trust the   design council. I don't believe that public policy  and protocol and process should be dictated by   personal preferences. Um there are many times  where things come before us that I personally feel   um should not be a certain way, but I I  have to look at the greater good and the   long-term implications of the decisions that  we make up here. So that's my stance and I'm   sure my colleagues will push back a little and I  welcome that spirited conversation. Council member   Tuttle. Thank you, Council Member Shepard. I  agree with everything you said. I just want   to say two things and I know we'll have more  discussion, but I don't want to let it go. Um,   actually three things. Number one, if we put  the selection committee through this process   and we put design council through this process  and we put the artists through this process and   we don't follow the process, we wasted their  time. So, I just want to be really cognizant   of the fact that we put community members, we let  them have a say, we let them have a voice. That's   one of the things that we do incredibly well  within the city of Witchaw. The second thing   is I agree. I'm so glad there wasn't a theme.  I love that we get to see artists from locally,   from across our state and across our nation. And  I think that is what contributes to the vibrancy,   but it's also a reflection of our city. We are  from all over the place. And I love the fact that   there wasn't a theme. I'm just going to make one  last editorial comment calling these 13 pieces of   art. Whether you like them all or not, hodge podge  to me seems like the inappropriate term to use. So   I hope that we will continue to be respectful to  our artists and to the people that we appoint to   the committees to help us do our work within the  city of Witchah. Thank you, Council Member Tuttle.   I said hodge podge to the 200 plus entries  for correction purposes. Okay. But even then,   it's not a hodgepodge. It's art. This is people's  passion. It's their work. It's their profession.   And I'm just I just want to make sure that we're  very cognizant of not insulting people for the   good work that we do. They do. Thank you again.  Council member Tuttle, I will beg to differ. Um   when tax dollars are being spent on public art,  I believe the public has a right to have their   opinion. So if we would like, I would be more  than happy to have the 13 items be voted on by the   public. Um and so again I I would agree that there  needs to be a process. However, from the very   beginning I've said the process needed some focus  and so the focus even when I say that there's a   focus like a theme that doesn't mean that that  discredits diversity. As a matter of fact,   that brings more diversity because if you have a  theme, you can say if you said, "I need artwork   that's in the color yellow." Okay. Well, you could  have diversity in what that art piece could be,   but we've never created a theme. And that's a  problem. There's no focus area. And so, again,   we're working with taxpayer dollars on this.  And so I am very cognizant that if we're not   going to vote one by one on these items, I  will be voting against this. Well, mayor,   if if I may, because it's germaine to the topic  since you mentioned the comments that I made. Um,   what you're speaking to is the intersectionality  of diversity, right? Making sure that we choose a   subject and we recognize that uh, one subject is  not monolithic. Correct. But I also would argue   then that would contradict your stance  on pushing us to focus on America 250.   Not everyone feels the same way right now about  our country. That is just the reality. So,   while I appreciate your passion and your remarks  in regards to diversity, I want to make sure   we're not weaponizing diversity and and we're not  ignoring the lived experiences of a lot of people   in our community right now who are afraid, who  are hurt, who don't feel like they matter and they   belong. So if we want to talk about diversity,  we need to talk about it, but let's not utilize   it for our advantage when it when it's convenient  for us. We can't do that. And I agree with you,   Council Member Sheepard. But again, America's 250  is something that I have asked to be part of the   conversation. However, I did not say the theme  must be America's 250. Again, there has never   been a theme for these art pieces. Therefore, I  said for me it would be America 250. It could be   a completely different theme for somebody else,  but we've never even had a focus area on a theme.   All we have right now is there are 13 pedestals or  concrete slabs that have no art pieces on there.   And my question really is for Lindsay, since you  mentioned that previous to 2023, the Witchaw Arts   Council was activating those pedestals. So,  why did they sunset those art pieces? Um,   thank you for the question. I don't know that I  can speak on behalf of the Witchaw Arts Council,   but it's my understanding that the program was  sunset uh due to failure in ongoing fundraising   to support it. Uh, the program was developed to  rotate the sculptures out year-over-year um to   have the artwork on loan from from the artist  to do a competitive call, which is this is not   a unique program. It exists as a national standard  and several or Kansas communities do this but it's   typically privately funded. Uh the sculptures that  had been on display in the most recent iteration   which I think would have been 2020 2021 uh were  almost all renewals. So is uh in the last few   years of the program it's very rare for them to  be able to uh solicit and fundra for ongoing um   sculptures. So, they sunset the program in order  for uh a lot of different projects to be explored,   including this one, which is what brings us here  today. Can I ask a follow-up question? I know that   there was a pedestal in Oldtown where a private  collector, a private citizen donated a piece. How   does that come into play in situations like this  where again a a person that's generous that wants   to provide art and wants to display it for the  public to view versus using taxpayer dollars to   buy art. And again, as artists in the eye of the  beholder and beauty is in the eye of the beholder,   how are we, I guess, justifying some donated  pieces versus non-donated pieces? Sure, great   question. Um, so two pieces or two pedestals that  were previously in the sculpture walkabout program   have been filled by donations and a long-term  loan. So, one of them is next to Lark Lark Spur,   almost said Larksfield, Lark Spur, the restaurant,  uh, which was a donation from the artist Roland   Clark, who was a longtime participant of the  sculpture walkabout program as a gift to the   community. Um, he donated that piece to the  city of Witchaw. Uh, and that did go through   our acquisition process. So, is approved  by design council and city council for uh,   the acceptance of that gift to the city. Um the  other one is a loan from Agnu and Associates uh   which is we believe a perpetual loan um that the  the adjacent property owners and adjacent business   um had a pedestal right near their property that  they didn't wanted to be vacated and they're great   appreciators and u stewards of public art and art  in the community. Uh so they purchased a piece   um and now have it on long-term loan to the city.  So those two instances are great examples of uh if   there's a will there's a way we can figure it out  whether it be loan donation etc. I will say when   the sculpture walkabout program was sunset I know  I personally presented to several um civic groups   about what it would take to purchase artwork or  to infill both on a temporary or permanent basis.   Uh we were not able to solicit uh contributions  financial contributions in order to move it uh   move move the project forward. So, hence working  with the design council, this was an opportunity   to fill those vacative uh pedestals and we move  forward accordingly. Thank you, Lindsay. Council   member Hohheisle. Thank you, Mayor. Uh Lindsay,  I have a question or two. Um would separating it   like some have suggested, would that put any what  when we accept these grants, what are the strings   that come alongside it? And would separating  it put any of the grant funding at risk? Um It's a great question. In general, uh, these  two specific grants were to complement the   the downtown pedestal infill project. Um, and  both of them required match funding from this   the applicant, which was the city in this case,  to do so. Uh so in order to receive those grants   and execute the contracts that we have in place,  uh we would have to complete this project in some   capacity or we would forfeit those grants and  it could jeopardize future funding with those   entities. Although we've got great relationships  with both of those agencies, I'm sure that we   could work through uh whatever uh challenges  that that could present about uh uh future   funding opportunities. Yeah. Does that answer  your question? So maybe possibly. Uh um yeah,   I'm I'm just again I'm just concerned that if  we do separate it, what that looks like as far   as that goes. So does that mean the plan that we  presented? It's not necessarily the projects, but   the process that we submitted for these grants.  Um if we deviate from that, um and again, I'm   putting you up here. I'm sorry for that. I'm just  curious as to what your thoughts on that. Um, we   definitely have to go back through our application  and contract with both of the agencies to make   sure we're in compliance. Um should council opt  to not approve uh what's presented today either   fully or partially uh we'd have to kind of go back  to the drawing board on if uh if the project is to   to go to completion or if we have to completely  uh issue a new RFP uh to execute the project or   if we go back through the selection process or the  not the selection process but the submissions that   we've received. We have over 200 submissions uh  for this project. The project has not closed out.   We do not have any of these artists on contract  as yet. So, we'd likely have to go back similar to   any purchasing bid that the city does to make sure  we go through the current eligibility list. And if   we close it, uh we'd have to formally close it and  then reopen a new new bid process for our artists   to submit their designs and ideas. All of which we  can do, but it would be we do some administrative   puzzling to kind of figure out how to make sure  we're in compliance with the NEA and KEC to to to   not lose those grant opportunities in the process.  So, it could potentially mean we have to start the   project all the way over this process all the way  over. Uh depending on council's action. Yes. Okay.   Thank you, Vice Mayor Glascock. I'll have comments  during discussion. Council member Shepard. Oh,   sorry. Council member Tuttle. I'm gonna wait  till I see no further questions from this   bench. Uh thank you, Lindsay, and thank you to  those uh that were part of the process. Again,   uh this is as Lindsay mentioned, this is the  first time that uh the percent for art dollars   are being used to buy specific art pieces one by  one uh to fill empty spaces in Oldtown primarily.   It also affects district one and district 4.  So, um I'm very cognizant that this again,   especially since we keep talking about how the  city, uh makes decisions and that every decision   is a trade-off. Um I am very cognizant that public  art has been part of the conversation. I love art   and I love that people want to provide art for our  community. So, I wanted to start by saying thank   you to Ag New and Associates and the artists  who provided two art pieces for free so that   the community can enjoy them. Uh, but I will  have further comments after we open it up for   public comment. Would anyone in the public like to  speak regarding the purchasing of 13 art pieces? What's up? What is up today? Apologies. Um, good  afternoon. My name is Heather Schroeder. I'm   executive director of downtown Witchah at 505  East Douglas A. Um, I have passed out a chart   um to members of council. If you would look along  with me, um the red line is um according to the   city's public art database accessible through  the city website. Um the red line tracks the   total number of art pieces adopted into the public  collection overall per year uh dating back to the   year 2000. And the blue line is the number of art  pieces that are within the Smid or our downtown   district. Um and what I want to illustrate here  is that the last time downtown had a big infusion   of public art all at once was in the year 2000. Uh  you may recall that is when the bronze sculptures   were added to Douglas AB. Um, so we've gone  through quite a a lull. Uh, particularly in the   uh early 2000s, you can see between 2003 and 2011,  we had no acquisitions downtown according to the   public database. And then also from 2019 to um  2023, we had none. Um, the most recent acquisition   was in a public park and that was Chester Eye.  Louis Park, uh, which we're very grateful for,   but again, we have not had a a large infusion  of public streetscape art in 26 years. So,   we've been waiting quite some time. Um, so  downtown lends their wholehearted support um to   the full adoption of this program. Um, just as we  strive every day to combat uh vacant storefronts,   we strive to combat vacancy in our streetscape.  Um, my first impression in arriving in in Witchah   of these vacant pedestals was I thought they were  air ducts. I had no idea what purpose they would   serve. They were just kind of ugly bllights um in  the oldtown neighborhood. Um, you know, there are   uh two or three pieces currently on on these  air duct pedestals in downtown in in Witchah   uh in Oldtown. Um, they're not all my favorite,  but I so appreciate that they're there,   uh, because they lend themselves to discussion.  I discuss them with my family when we're out   walking the dog. Um, I observe them. I notice  something different every time. Um, and I think   that's really the purpose of this is to, um,  introduce, you know, new, um, new discussion,   new conversation into our community. Um, by using  these pieces as a backdrop for that. Um we are   um you know about to release our downtown Witchaw  action plan which is the new 10-year plan uh for   how to um implement uh actual strategies  to improve our district. And um one of   the unfortunate conclusions that came out of the  public remarks that we gathered over the course of   the past year was that Oldtown needs a refresh.  It's a bit tired. Um, you know, kind of the,   you know, the, uh, infrastructure that was put  in place in the mid 90s is a little bit worn. Um,   we're thrilled to see the construction right  now on Rock Island in Mosley to replace the,   uh, drainage and do so in a way that matches  uh, this the streetscape. Um, this is really the   perfect time to also address those those vacant  pedestals that have kind of marred the landscape   um, for the past several years. Um, I also want  to point out the the strategy that public art   plays in wayfinding. Um, our downtown is big.  It's a hundred blocks. That's really large for   a community of our size. And um, you know, by  being able to say, "Meet me at the Flyfish,   you know, meet me at the ugly silver balls."  Like it's it's whatever you make of it. Um, but   it's it's special and unique to this community and  it's how we navigate and get around and identify   ourselves. Um, when I was on the selection  committee, I think the theme was very clear.   It's American art right here in Witchah. Um, and  we get to enjoy that every day. So, thank you. Would anyone else from the public like to speak? Hello. Uh my name is Ross Dvor. I was uh one of  the people that was on the uh committee to help   us select along with the mayor. Um it's been uh  a lot of fun for me the last 5 years to live in   Oldtown and I moved down there and uh you know  it's an eclectic place. Uh it's an interesting   place. It's a vibrant place. But of course like  what's been said uh a lot of that was done about   20 years ago. A little bit more than that. This  development and a lot of it some sort of, you   know, the fences aren't as straight. The the brick  isn't as, you know, needs a little tuck pointing,   that kind of thing. So, anything like this is  a project to bring back some vitality to these   places that were cultural little icons. Uh, was  a lovely experience to be able to be part of to   uh see what was going on and all of that. I would  describe the uh uh selections that we got there   as more of an eclectic uh kind of collection of  things. There's quite a bit of it. A lot of the   artists were sort of uh by their own mediums kind  of defined you know they worked in bar choir we   got bar choir that kind of thing um but you know  we all got together and we voted on it and we you   know it wasn't a vote with is binding any view  but it was the selection for the criteria that   was in front of us and a lot of that so far  as uh things that were there was very much   the atmosphere and environment that most of these  pieces would go into. So the uh factors of weather   and the locations that were there were very much  key. Also, there was very much of an intent of   having local artists be represented in this.  And in so far as that goes, that's the that's   a big part of the eclectic notion of it as well  because we're not going to get one artist that's   going to do that. Uh the mayor, you mentioned the  theme of uh uh our 250th uh country's anniversary   and the consideration I worried about then even  there with the theme was the fact that I think   like even now we're going to be beyond it. You  know, it sounds like a wonderful thing to do   for the ballpark or something like that. And  I think no matter who we are, left or right,   ought to celebrate the fact that we have our  country for so long because it's really an amazing   human accomplishment if you think about it. U but  so far as theme goes is in this revitalization of   uh the old town area primarily which is  primarily where this stuff is. Um these pieces   are interesting. They're talk about and you know  what I don't like all of them. That's not really   the point. You know it's one of those things it's  like I can't believe that. That's really cool. I   can't believe you think that. I like that one. And  you're like that's a lot of what it is whenever   we go into a cultural thing whether it's music  we like or art or anything else. So, you know,   uh I don't want to I don't want to be blow it  up or take it, but I think maybe you just sort   of It's so hard to get these things done. I think  she was just mentioning, what did they say? 2000,   what was the time for major public art? Yeah,  I'm familiar with that project. So, I mean,   I think we had a little bit to do with it. And  that was so difficult then and it is difficult   now even so far as putting public art in the  public atmosphere. um you know, walking here and   waiting for this meeting to happen, I noticed a  beautiful piece of public art and I think you all   see it probably every day that you come in here  and it's a beautiful Native American scene chasing   uh down a herd of bison. You know what I mean?  Now, it's a very thematic witchel kind of thing.   It's a very cultural. It's very much our stuff.  And I mean, you know, you might see a big old,   you know, bison that you can slide down in  a bation place coming up pretty soon, but   not every artwork has to be accessible on every  level. It's going to be one of those things. You   sit down there on a bench and you sit at it and  you look at it and you contemplate it. Or maybe   you really never do like it and it's just one  of those things. But artwork needs to exist in a   way that doesn't always make us comfortable. Even  though a lot of artwork, you really love it when   it does make you comfortable. I mean, there are  signs and things that you just love. You love the,   you know, keeper of the planes. That's such an  iconic thing, but not everything has to be that,   and you're not going to get that no matter what.  And if you don't like the paper of the plan, well,   good luck. That's that's definitely a Witchaw  thing. But I think we have an opportunity here.   the funds that are there, the process that we've  gone through. I think I I would urge you all to   just sort of maybe just consider doing this  because it might be perfect and it won't be   perfect, but it might be the best opportunity  we have to put more public art into the arena   uh of our uh community and definitely in a  time and a place where we need something to   talk about other than what we got to talk  about. Thank you very much. Thank you. Hello. Hello. I'm not going to touch the  microphone. It's atomic. Um, I'm Bill Gardner   uh from Gardener Design and I too was on the  uh selection committee and I'm part of the arts   advisory uh council and you know uh I I think  the things that both Heather and the gentleman   that just spoke had to say were so um spoton. But  you know uh I come from a company that works with   branding and we love consistency. We like clarity  and we you know we we convince clients that   everything needs to you know be thematic and have  a theme so on and so forth. But at the same time,   um, I I look at this project and I too, uh,  have those pieces in this collection that   I didn't vote for that I thought, you know,  I'm not so sure. But I also recognize that,   man, I've got to respect those other people that  were on the group and the other council. And uh,   I I even know that Lily had some comments about  some pieces that swayed me and helped me think   about the ones that I like. Um, so it was a good  conversation uh during the period of time that we   were making that selection. Downtown is at amazing  kind of nexus right now. It to me it I I love   what uh Heather and her group are doing and what  the Greater Woodshell Partnership are doing and   uh what this city is doing to lift the aesthetics  in that area. And you know and no matter how vote   ends up coming out. Not this one, but the other  one. Um, you know, I'm I'm in love with this city.   I'm too soon, you know, and I I want good things  to happen down here. I also recognize that Lindsay   and Jana made it made a good point that if we end  up breaking this up and kind of going backwards   and reconstructing uh the process uh that goes  on here, it it may or may not happen the same   way. It may or may not happen this year or even  get done next year. Um, but damn it, you know,   I I I love seeing what's going on here in Witchaw.  And I would so love to just see these pieces go   up. And you know what? I'd love more than that  because if we put up a few more pedestals and we   brought in some more art into this area, I'm going  to close with one last thought, which is context.   You know, when we were looking at these pieces of  art, um, it was very compact. It was a compound   group of pieces of art. And we're we're thinking  about this one, this one, and this one. These   pieces of art are going to be spread throughout  the downtown area. And they'll they'll never see   each other. A person looking at one piece isn't  going to be reflecting on that piece based off   of what they see here or here. And it is Joseph to  maybe your comments. You know, this reflection of   this diversity to the community, it's a diversity  of the art. And Becky, you've made that comment,   too. And and I and I know there's nobody on  this council that doesn't respect that. But I   appreciate the consideration that you've given.  I appreciate the fact that you've given this   uh opportunity to uh the community and the arts  council to bring some art into the community.   And I really hope that you have the  opportunity to vote for this as a group   and bring them in and know that occasionally  I'm going to look at one of them and go,   you know, I didn't like that, but  damn, it's growing on me. Thanks. Good morning or afternoon now. Uh Janelle King.  I'm the owner of the workroom. I do serve on the   design council. Um it's 523 East Douglas and I'm  a longtime advocate of the arts and specifically   to the local arts. So it was really excited to see  with this specific program that priority was given   to local and regional but also as a huge um just  fan of the arts. Bringing in that national talent   really does also um lend to building our credit  and our credibility in our of our arts collection   as a city of Witchaw. I think that um when  you think about public art and spending of the   tax dollars, these are an investment and we are  investing into long-term art pieces that I think   are valuable and vital to our community. They're  going to add so much vibrancy to our downtown   neighborhood. And I just want to voice my opinion  that I am so excited to see what such a dynamic   lineup of and such um the level of talent of this  lineup of artists for this price point is insane.   like this is a phenomenal investment um  for us as a city. Um as a in the past I   um organized and led the Avenue Art Days in the  Douglas Design District. Over the course of eight   years we installed 108 um murals. They were on  private property so not necessarily public art   um but were definitely visible to all of  the public. And a couple things I learned   along the way um early on we set theme to each  year. We got rid of that very rapidly because   it started to feel more like a branding campaign  and you lost so much originality and uniqueness.   And when we opened that up, we actually saw  much greater um art being submitted because   now you're tapping into these artists and what  their vision rather than us dictating that. Um so   I really like that this was more open-ended and I  think these pieces are dynamic and stand to that.   The second thing is the impact of um what the way  we did it would do was like in one weekend you   would get anywhere from like 12 to 30 new pieces  of art like in one weekend. And so you're making   that drive down Douglas Avenue and it was like  this sudden big impact. And I think that's what   this opportunity is that we can do like such an  impact that's going to draw attention versus I'm   not going to lie, I'm downtown all the time  and I'm not even sure what the three that are   existing right now are. like I'm gonna have to  go and find them versus if they all hit at once,   we're going to see that. We're going to feel  that as a greater community that's going to also,   I think, elevate that that impression of  investment um into our downtown community. So,   I think keeping it all together at one um package  and doing it like, you know, I know it's not going   to be a weekend, maybe a year, but I think we're  going to get more of that impact and visibility.   And I just really encourage you guys to um  consider approving this project for it as is. I see no one else from the public who would like  to speak. Thank you Janelle, Heather Ross, and   Bill for speaking in public agenda. With that, we  will close public comment and bring it back to the   bench. Council member Johnston. Thank you, Mayor.  If I could ask a question. Um I'm not I'm sure the   answer I'm sure the public doesn't know either.  How does design council get design council get   chosen? Who ch who chooses them? The mayor. Design  council is made up of mayor appointees. All mayor   appointees. Correct. Okay. Um might suggest that  maybe the council have some input on that later.   Um instead of just being the mayor's appointees.  Um but I I agree with Councilman Title Shepard,   etc. I don't think we can chop this up. I think  this is the process right now. If we don't like   the process, we need to change the process. But  right now, this is the process. And uh we've let   them do their work. And uh again, I don't like  all of them. Although I do like most of them. So   um I think we just have to trust their judgment  and uh and go with it. I do with the last speaker   too. I do agree it's it's pretty good value.  I mean, it's really good value. So, thank you,   Council Member Tuttle. Thank you. Thank you to  the speakers who are here today. We appreciate   you joining us sitting this long. Thank you  to Lindsay and Janna and everyone else from   Cultural Arts who is involved in this process.  Um, I want to thank the selection committee for   their time. We we truly appreciate it.  I've been on selection committees as a   council member. I've been on selection committees  appointed by my past city council member when I   was a community member. and it is your time. It's  time away from your friends and your family. So,   that is not lost on me. Also, thank you to the  design council who meets consistently throughout   the year and does a great job. I just want to make  a few highlights. We found outside money, great   thing. We engaged the community, great thing. We  went through a public process, great thing. So,   I'm not really sure where there's problem in this  process. And if we change it now, then that's not   being transparent. And as I mentioned, it's not  fair to the selection committee and it's not fair   to the artists and it's not going to be fair to  the design council. And who would want to sign up   to be on one of our selection committees in the  future if they know that their time maybe wasn't   well spent? I'm going to editorialize just a  little bit, but art doesn't have to have a theme.   Art is an expression. Art is a passion. Bringing  together different genres of art from our commu   from across the nation to our community I think is  what will make our downtown even more vibrant. And   when people are coming downtown for all the great  work that Heather's doing with downtown Witchah,   they'll be coming for the biomed center. They're  going to be looking for things to do and this   could add to that. Um I also agree the city  shouldn't be dictating what art looks like.   If if we were going to dictate what art looks  like, we wouldn't have this whole process. We'd   just say, "Hey, Lindsay, bring us some stuff and  we'll vote on it from the bench." But that's not   how we do anything. We want community engagement  in almost everything that we can. And I think we   should stick to that process. My last comment, and  and I've had comments from people in the community   that don't like that I support the arts, and I  always say I'm a huge advocate for the visual   and performing arts because I have absolutely no  talent of my own. And I appreciate anyone who will   share their talent with me and with our great  city. But whether you like art or not, changing   the process in the middle of this doesn't make  sense. If we don't like the process, then we need   to change the process. So with that, I'm going to  move that the city council approve the sculpture   accu acquisitions. Second. Motion. Second.  Discussion. Council member Hohheisel. Thank you,   Mayor. Um, first I would like to say I agree with  Council Member Sheepard on diversity of thought.   Um, that is one of the main foundations of our  country. Um, the whole idea behind democracy is   you have the thought, I have a thought, we discuss  it and hopefully the public chooses a stronger   idea. So I I do appreciate that and sometimes it's  tough if you encapsulate something to very maybe   not even narrow ideas but thematic um ideas that  that can um take away from that diversity. Um we   we've been saying I you know beauty is in the  eye of the beholder. I've heard some discussion   from some council members up here. doesn't seem  like there's a lot of agreement as far as the um   everybody's favorite art pieces or ones they like  and don't like. There's kind of a diversity of   opinion at this bench. Uh but that's why we engage  the public and that's why we have this board set   up. One of the things I hear about a number of  our appointees on boards is we don't listen to the   recommendations that come from boards. Um, so that  that's I do appreciate having an independent board   or independent of just this bench. Anyways, u  taking a look at something like this. Uh, we voted   to fund this project. I think it was unanimous.  I don't believe council member Shepard was on the   bench then, but I do believe that was a seven  to nothing vote last year. Uh, and then we set   up this process. And so I I do get worried about  trying to change the process after it's complete.   Um, so I would encourage um, anybody in the  future who has problems with the process, try   and get out ahead of it. My granddad was in the  military. One thing he said about his time is you   try to be consistent but fair. And um, that that's  something I've tried to emulate from my position   on the bench here. So I will be supportive of this  in total. Thank you, Vice Mayor Glasco. Thank you,   Mayor. I think a few things are true and I  think both my colleagues on both sides of me are   probably right in different ways. I do think this  is a different process than normal. Normally every   um piece that comes up before us is taken  singularly and we approve it. We approve at 30%   design. It comes to us. We vote on it. I haven't  voted on a collective piece. That part is true.   I think this is a different process and um we can  have a conversation of you know whether we agree   with that or not. Um I think it's also true that  we have boards and commissions but the final buck   stops with us to evaluate things. That's also very  true. I also agree with my colleagues over here   that I don't like the idea of a theme. I think  art is supposed to be subjective. It's supposed   to challenge ideas. It's supposed to challenge us.  It's supposed to bring us to new perspectives. Um   I also believe that the city council has invested  in things. I think everything that everybody said   up here is true today. I would also say that we  have to invest in ourselves as well. I think this   is a to Councilman Johnson's, he was also accurate  and true when he said that this is a great   uh bang for our buck and I think this is a lot of  great installations and do I like all of it? No.   Um I don't. But that is part of this process. And  I will also say that I was wrong when I came into   this. I probably had a different perspective.  Um, and I would say it's the comments from the   general public that uh probably swayed me to  not take these as individual items. I think   prior to this I was willing to second the mayor's  motion to look at these individually. I do think   we should look at these collectively and um we  can have a conversation in the future. This the   total amount of this entire project is uh close to  $200,000. when we look at largecale infrastructure   projects and art projects, we're looking at  um multiple hundreds of thousands of dollars,   usually million-dollar projects. And so I'm  trying to see this collectively as one piece   that just happens to be spread out in different  locations around our community. And with that,   I would probably agree with more than 50% of the  pieces, though I probably like 92% of the pieces.   The 8% I hope challenges me in the future, and  maybe I'll grow to like them as well. And so,   uh, thank you for all my colleagues. I think  you're all right. and um that rarely happens. So,   thank you. Um, Council Member Shepard. Thank  you, Mayor. I just want the record to reflect   that Vice Mayor Glascock never says the words  I'm wrong. So, I'm joking. But I do want to   appreciate Vice Mayor Glascock for leaning into  vulnerability and modeling what I hope that we   all can do at some point. And that's acknowledge  when we don't necessarily have it right. And this   is living proof that the public has an opportunity  to truly change minds and hearts. So, thank you,   Vice Mayor Glascock, for modeling what I hope we  all should um in leadership. Couple of things. I   think we had a very spirited debate about this.  Um and I I've been on council for less than two   months, but you know, I said this at workshop,  I'll say it again today. There is it is an odd and   perplexing passion that some of us have with the  arts and and I and I'm struggling with that and I   look forward to conversation. I think when we talk  about diversity, I am I am a champion for it. And   I I truly do think again to my comment earlier  that if we are to speak about that diversity,   it it's let's model that in everything that we  do and not just limit that to art. Um I think   that there are a lot of things about this country  that are great. again as I mentioned and I think   as we look at celebrating America's 250 depending  on who you talk to the beauty that they find in   our country will look vastly different and I think  that that is a beautiful thing and so let's apply   that logic to everything that we that we are  calling upon um I would hope that this is an   example of not only how we should uh model some of  our boards I love that there's industry standards   on there I love that there's community on there  I love that there are professionals on the board   but more importantly to council member Tuttle 's  point. If you don't like art, you can't deny the   economic value of art and how that supports each  and every one of us who live in this city. And so,   um, I truly hope that as we move forward that  we can challenge our ourselves to look at the   benefit of investing in public art, trusting the  professionals and supporting them where we can,   and pushing back in a spirited and respectful  way when necessary. And I just thank the design   council for their time. I thank my colleagues for  the spirit to debate and I look forward to future   conversations about this. Council member  Ballard. Thank you, Mayor. I just want to   say thank you to our staff, um the selection  committee, design council, all of the people   that it took. Um we know that everything  in government takes a very long time. So,   uh I'm very excited to support uh this project as  as a package. And it's it's fun to see some of the   artists that were chosen locally that I watched  from I don't know a little girl to, you know,   several decades later. That makes me feel really  old. Um actually putting like big pieces of art   as part of the city's collection. So I'm excited  to to watch those be installed uh hopefully um   in the coming months. And I'll just add um again,  thank you for all the conversation around art. Um,   I think a lot of things can be true all at once  and and is that important word here. However,   I've been very cognizant of the public comment  that has been happening around the water treatment   plant art pieces that community didn't get an  opportunity to choose or have a say in until they   were installed. And because we have an opportunity  right now before an art piece is installed or   even purchased, that's the reason why I wanted to  break this up into individual uh votes. However,   since there are there's no will to separate this  into separate pieces and the collective seems to   be what the majority of this council wants. Um  I will again be a a nay in this vote. uh not   because I don't love what has been happening but  rather I love the arts and I do believe that there   is an importance for arts in various aspects from  performing arts to your static art to art through   design. There are multiple ways that you can talk  about art. Um, however, when we are at this bench,   we are making decisions for a large majority  of our community. And so, I know that community   engagement is part of it. And I'm so grateful  that people sit on committees, on councils,   uh, they volunteer their time and they are part  of the community engagement. But for many others   who are just now seeing these pieces of art,  they are saying, "Well, where's the community   engagement for me, um, the four individuals who  spoke again, thank you for your volunteerism,   uh, because it takes time to be part of these  boards and committees and then come to a city   council meeting, but there have been no other  individuals from the community at large speaking   about these other than this is the first time I'm  seeing these pieces of art." And so again, um,   if we are true to the word community engagement,  then maybe it could have gone to each dab and you   guys could have debated about them. However,  we're not at that point. And you're right,   uh, the process needs to be improved. And if that  is the process, we need to have a discussion.   But again, this is the first time that it has  happened. There are 13 pieces that we're going to   buy collectively and then install. And according  to Lindsay, this is the first time we're doing   something like this. So there is no other process.  There was no we could have looked at uh 20 years   ago. This is how we bought it. That is not how it  is. So this is the first time we're doing this.   So how can you make change to a process that is  the first time we're doing it this way? So again,   um I am very cognizant that uh there are beautiful  art pieces that will be part of this collection   that will be bought. Um, but this is not against  any of the artists. It is simply I think that   community uh would have really appreciated having  more say in this and so I will be voting against   this. Vice Mayor Glascock. Thank you, Mayor. I'll  make my comments brief. First off, we're republic,   not a democracy, and we need to govern that  way. Second off, the community does have the   ability to have a say in this one, when they  elect us as their representatives to be able   to serve in this body. Second, the community had  the say when they walked in the store today and   the agenda packet was published on Thursday  and every single community member that did   have a say said to approve these projects. And  so the community did have a say to be engaged   in this process and in our republic form of  government, not a direct democracy. We are   the final arbitrators of the decision. We cannot  take every vote to the general public. If not,   we would have had 20 right now 12 different items  that would have been heard by the general public   just in today's meeting alone. And so I think  we should be able to encourage more people to   be active in this process. And I think everybody  on here agrees that more people should be active   in this process. But this is the public's  opportunity to express their concerns or   express their support. And today all we heard was  from support from individuals. We cannot govern   from Facebook. We cannot govern from comments  from this bench. we should govern with people   that actively engage in this process, that reach  out to us directly via email. I got zero emails   about this. I had one person call me to say that  we should um elevate Kansas artist in the process,   which through um our conversation with our arts  team, we have been able to elevate Kansas artists   in this process. So, I want to say the process is  working. The public is engaging in how it is. And   if the public doesn't show up, we can continue  to engage people in this process, but we cannot   put 20 12 items on a general ballot to be able to  hear from the public on every single item on every   single Tuesday. The public cannot go out and vote.  Council member Tuttle, thank you. I just wanted to   make one point of clarification. It's it's often  referenced that I'm the only one here from 2019   um and 2020, I think, too. But when we did  the art for the water treatment facility,   the new water treatment facility, there was a  committee that reviewed those pieces. I think it   was a portion of the overall steering committee  and it went to design council and it came to   council. So to say that there wasn't any input  isn't quite accurate. So I just want to make sure   that we make that clarification for the community  and just put that on the record. Thank you,   Council Member Shepard. Thank you, Mayor. I I  really want us to recognize what it does when   we bring things up that are already done. And  we continue to talk about the art at the water   treatment plant. I think the public at this point  is more concerned about what's happening with our   water treatment plant. And so I get it. People  don't like the yard at the water treatment plant.   Let's learn from it. Let's move forward. Let's  do better. Let's take that input and put it into   a policy. I would be supportive of whatever  ordinance there needs to be or policy there   needs to be to ensure there is the public input  that you are hearing about regarding the water   treatment plant. But constantly bringing that up  is not serving the public any good at this point   because it's it's putting a stain on the arts. And  I have had public members come up to me and say,   "Is Witchah a good place to carry out my passion?  Is Witchah a good place for me to live out my love   for the arts?" And so I want to recognize that  many times we think that bringing up things that   have already been decided and done are helpful  when in reality it's it's counterproductive and   it's and it's not helping the people we want to  retain here or even attract here. So I want to   say that and I really hope that you know folks  take that for what it is. But quite frankly,   if we're not going to do something about the water  treatment art in terms of a policy, I would really   respect if we stop talking about it and start  talking about the issues that are impacting the   everyday lives of people. The folks in my district  want to know about the water treatment facility   and when it's going to be operational. They want  to make sure that they're living in a community   where the quality of life is strong. They care  about economic justice. If we want to talk about   diversity, equity, and inclusion, I want to talk  about paid maternity leave. city manager. So,   let's talk about that. Let's talk about the  things that are going to make a difference,   not regarding decisions that have already been  made that we can't change at this point. And the   second thing is to Vice Mayor Glascock's point,  it is our responsibility to get out of our ivory   tower to meet people where they are. Staff can't  be expected to do it all. Design council can't   be expected to do it all. But when we're out and  we're engaging, if we feel passionate about the   issues that are on our radar, we should bring that  to the attention of our constituency, we should   collect that data and we should be able to have  a spirited discussion here with data, with facts,   removing our emotion and looking at the matter  methodically. So that is our responsibility and   and I hope that we can take that responsibility  seriously or even look at how we can do things   differently. Council member John Sten. Thank you.  This just proves we can beat anything to death,   right? Um I will I will push back on Councilman  Glascock's comment that they just they've elected   us and we have a say in it. We we really didn't.  It was the mayor that appointed everyone. So I   would like to have discussion about that in  the future. I also find ironic that the mayor   appointed everyone to the council and she's going  to vote against it. So I don't understand that but   okay. So that's how opinions get formed, right?  Everyone has their opinion and I'm very grateful   again to the council for volunteering their  time on the design council. They meet once a   month on multiple different topics. This is just  one of various things that they get to have a uh   opinion on. But there are seven opinions on this  bench and there are seven votes on this bench. And   at the end of the day, we have to stand behind the  votes. So, um, I will be voting against and again,   I do believe that the community wants us to focus  on other things. And I agree with council member   Shepard. It shouldn't be about art. That's  not what people are asking us to talk about   there. They want to know that the water treatment  plant, when will it actually come? Well, actually,   we have been having real conversations by having  real updates every single month now, starting last   month during the workshop. That those are things  that had not happened in the past, though. Mayor,   don't don't don't take my words out of context.  What are you talking about? Don't don't take my   words out of context. I said that people want  to know about the quality of life and I think   they're more concerned about whether or not  we will inherit an operational water treatment   facility. You keep bringing up the art at the  water treatment facility. One of them are one   of them is a done deal. The other is not. So just  to clarify, point of clarification. Well, I'll be   bringing up the art piece every single time until  an actual water treatment plant is operational and   providing clean drinking water. You are putting a  stain on the arts in our community by doing that.   And you are discouraging our artists and believing  that they live in a city that values their talents   and their work. But that's neither here nor there  nor there. We can have a robust discussion here,   offline, wherever. But I'm going to stand where  I stand on this. That's my spirited feedback for   you. I receive yours and I'm ready for the vote.  Thank you very much, Council Member Shepard. And   again, I will not be not talking about this art  piece at the water treatment plant because again,   we don't have a functional water treatment  plant and that is a problem and that's what   our city expects. Coun Vice Mayor Glascock call  the question. Uh motion and a second. Any further   discussion? I see none. Madame clerk, please open  the role. Motion passes 6 to one. Madame clerk,   please call the next item. Public art for  first street bridge over our Kansas River. Council mayor, councel Lindsay Bak with the city  manager's office, arts and cultural services   uh to talk about the public art component at the  first street bridge over the ar our Kansas River.   Uh the design concept development timeline um is  as follows. And I want to just highlight the the   part that's bold is where we are today. the  30% design council design concept approval by   city council. So uh typically we have an artist  selection committee and a design con development   that works in tandem uh with the overall project  itself and this project is a complimentary project   to the overall bridge development project.  Uh the design council approves the the the   concept. They approved it yesterday at their  design council meeting and we're here today   uh seeking approval from city council for the  concept that you're about to see. Uh from here the   design con if approved today the design concept is  further developed and refined uh in collaboration   with the overall design team and the artist who's  been selected. Uh the 90% design concept will then   go back to design council for approval at any  point between 30% and 90%. Uh it it could also   go back to design council depending on uh the  different action items that could happen. If   there's specific things that may be refined or if  there's uh different changes that might happen as   the course of the project develops. uh if a 90%  uh design concept is approved by design design   council without recommendations for changes,  the fabrication will will begin. If changes   are recommended by design council, again, the  project will return to the design council for   uh the revisions of those designs until  it's uh finally approved. And with that,   I'll turn it over to Jana again, our public art  manager, to talk about the specific project,   the artist that was selected, uh and the  concept design that's been presented. Uh good afternoon, Merit City Council. Jana Irwin,   uh city manager's office,  arts and cultural services. So the first street bridge over the  Kansas River uh is a progressive de   design build project includes percent for art  funding for integrated art and aesthetics.   The bridge design includes a new  threelane bridge, on street bike lanes,   and 11 ft wide multi-use walkways on each  side of the bridge, including connections to   the bike paths along the Ranansas River. The  bridge design will also include overlooks on   each side of the bridge to provide views  both up and down the Aranansas River. On September 8th, 2025, the design council  approved the request for qualifications   to select an artist or artist team for the  project. On September 9th, the RFQ was issued   uh via cafe call for entry.org. Artists  living and working in the United States   were eligible to apply. 101 submissions were were  reviewed and scored by the selection committee.   Four finalists were invited to develop and  present design concept proposals to that   selection committee. The uh public art commission  was awarded to Cliff Garden Studio in Venice,   California. On March 2nd, 2026, the design  council approved the 30% design concept.   So the project and vision and goals for the  first street bridge are to enhance the experience   uh for and engage users of the first street bridge  and riverwalk. Create a signature infrastructure   improvement providing impactful views uh from  surrounding public and private buildings,   the Riverwalk and the river itself. create  relevant works appropriate to the character of   the district with consideration given to Douglas  and Lewis Street bridges and the keeper of the   plains that further a sense of place, inspire  and create dialogue. It should respond to the   site conditions and context including the  scale of work, materiality, sight lines and   adjacent residential and commercial functions. It  should also be durable, safe and low maintenance. The selected artist, Cliff Garten Studio  in Venice, California. Cliff Garten is   an internationally recognized sculptor. He is  founder and creative director of Cliff Garten   Studio focusing on sculpture that integrates  into engineering, architecture, and landscape.   Uh, Cliff Garten Studio team includes Sixto Corder  Mason who is a project manager and lead designer,   Esther Hoe, designer, Molly Breed, architect, and  Nori Muhammad, I'm sorry, Mahammadi, 3D modeler. So, a precedent project uh to give you an idea of   uh Cliff Garten Studios previous work is a  project out of the city of Hillsboro, Oregon,   Bridge of Land, Land and Sky. Um this project  won two COD works awards in 2024, including   one of the top 100 art pro top 100 public art  projects and also the the 2024 team of the year. So, the artist concept approach is thematically  inspired by the city's deep relationship to water,   its extraordinary aviation legacy, and its renewed  commitment to walkability and civic gathering.   The design for integrated art  and aesthetics includes two   illuminated stainless steel archways,  curved seating, sculpted overlooks,   and wavelike patterns that extend the  river's movement across the bridge deck,   creating places for paws and reflections. The  proposed materials are lowmaintenance and durable. So looking at some of the inspiration uh behind  uh Garten Studios design concepts. First we   look at the arches and their in inspired by  aviation forms. So these aircrafts were all   designed and built in Witchaw the city long  shaped by its aviation legacy. The sculptural   arches take their cue from the aircraft  wing forms recalling the lift of wings.   The upward sweep of the arches echo the early  break frames of the Steerman biplanes and the   sculptural presence of fuselage assemblies that  defined Witchaw's historic production lines. When thinking about urban design and connectivity,  the bridge supports the city of Witchaw and   the downtown Witchaw action plans call for a  more walkable grid and improved river access.   The design strengthens a continuous public  realm linking the riverfront to the downtown   districts and the bridge becomes a  civic threshold where people cross,   linger, watch the water move  and look upward into the sky. The material and landscape references that you  find in this concept design. So the daytime pallet   reflects the pale tones of the plains and the  shifting colors of the Aranansas River. Wavelike   um paving patterns echo the movement of  the water across sandbars and shallows.   Seating zones by the water create  moments of pause and reflection. When thinking about civic  gathering in the pedestrian realm,   the bridge becomes a plaza  suspended above the water,   a platform for city life rather than simply  a crossing with curved seating and sculpted   out over overlooks. And so the project turns a  piece of infrastructure into a civic terrace. Here we have a number of rentings from different   viewpoints and we'll just  kind of walk through them. And the following render renderings give you   um uh views uh at night with the LED  lighting that's included in the project. So here's the site plan. Uh  this is where the bridge is   located. This is the scope of the bridge project. So the bridge length, the length between  the two arches is approximately 210 ft. And   um I wanted to note that in thinking about  the sight lines that you have from First   Street Bridge, both looking south and looking  north, I think that the placement of these two   arches are a really nice addition to those  sight lines. because you look at Douglas   Street Bridge and the feather towers that are  more towards the center of those bridges. Um,   and these act as as sort of bookmarks as  you as you look southward down the river. So, the arches are about 22 feet uh  in height and approximately 14 feet   uh in depth. These show  you the elevation drawings. and more elevation drawings. And there is a lighting strategy  uh within this concept um that will   uh utilize um DMX DMX LED features. They  will be programmable. They are changeable   uh for festivals, for events,  for uh uh seasonal changes. So the volume of the sculpture is transparent and  light enters the sculpture from every angle. So   in the day the structure of the stainless  steel rods creates a volume that gathers   sunlight and throws integrate shadows  on the plaza surface with everchanging   character as the light uh conditions change  throughout the day. And then at night,   the image of the sculpture is illuminated  with colorchanging LED controlled by a DMX   controller that can be programmed  and changed as I stated earlier. So, financial considerations. The 2026 2035  adopted CIP includes funding for the public   art component of the project through through  general obligation bonds in 2027 in the amount of   $400,000 and 2028 in the amount of $200,000. On  December 16th, 2025, the city council approved   an adjustment to the CIP that included  shifting the art funding for this project,   the $200,000 from 2028 to 2026. So, total  art funding for this project is $600,000. Thank you. And I'll stand for questions. Thanks,  Jana. Uh, quick question for you. Uh, from slide   number 164, you mentioned that Douglas and um  the art pieces that are um part of the design.   Number one, do those art pieces have LED lighting  where it can be adjusted or are only these new   ones LED adjustable? Just this concept for  Just this concept for First Street Bridge.   Um the feather towers by Vicky Scurry on both  Douglas Bridge and Lewis Street Bridge are lit,   but they are not lit with programmable  LED components. Thank you for taking   that into consideration. I know we had that  conversation last week during the public art   uh workshop um LED lighting. Um my  question followup to that is how does that   uh complement what is happening at Exploration  Place and the lighting around that area? I don't know that we've looked specifically at uh  any lighting strategies that exploration have that   expand outside of their playscape um area. Um  I don't think that they have plans for anything   like that. So I don't think there would be any  competing uh competing lighting. Do you want to   jump? Sorry. I'm going to jump in and address a  little bit about that. Um try to find an aerial   view. Um so looking at this concept the the kind  of the nodule on the south side that would be   closest to exploration place. We're exploring  this concept if it's proved today and developed   further of swapping it. So the nodule that would  be bumped out on the west side would be on the   north north side. Hopefully that makes sense.  Closer to the river Vista. uh just thinking about   the sighteline that would happen with exploration  place. If the concept is approved today, we will   work with the design team, work with exploration  place and explore that sighteline to make sure   it's complimentary and that's not competitive.  Uh in design council's meeting yesterday, uh a   comment was made up given that the the lighting  on this specific uh piece, wanting to make sure   we're respectful of the residents that live in  River Vista, that we're not shining light into   apartments. So we'll develop the concept further  to take into consideration all angles to make sure   it's robust and exciting but also not deterrent or  competing with uh the visual landscape. Thank you.   I see no further questions for staff. We'll open  it up for public comment regarding this item. I   see no one from the public who would like to speak  on this. This resides in Council Member Ballard's   district. Thank you, Mayor. Thank you, Jana. and  to to everybody that helped to get this project   this far. I know it's been um a lot of work and  still still a lot of work to do. Um does anybody   care if I move a motion or anybody have questions?  Council member Shepard, do you have any questions?   Okay, awesome. Um I move it as a recommended  action that the city council approve the sculpture   act. Oh, no, sorry. Just kidding. I'd like to  take the recommended action to approve the 30%   public design concept. Second. Motion second.  Discussion. Again, thank you to staff um for   making sure that this design was complimentary to  Douglas Street Bridge in addition to exploration   place. Um in this again, this is not a static  uh sculpture. It is part of the design and I   think it's very complimentary to uh the area.  So, thank you very much for that. With that,   we have a motion, second. Any further discussion?  I see none. Madame clerk, please open the role. Motion passes 70. Madame clerk,  please call the next item. Wait, wait, wait. I've got a 130  testimony. We can do this one.   the CUP 2025-42 amendment to CUP DP250  to allow an off-site billboard sign on   a parcel 8 and reduce front setback  generally located on the northwest   corner of West 37th Street North and  North Ridge Road, 3801 Northridge Road. Hello. Good afternoon. Scott Wadel from the  planning department. As you heard, the applicant   is requesting amendments to an existing CUP that  is uh CUP DP250 in order to allow first for an   offsite billboard sign on parcel 8 and second to  reduce the front yard setback for a portion of   that same parcel. This item is being heard today  because protests have been submitted against the   application and within the notification area.  about the property. The subject site is located at   the northwest corner of the intersection of Ridge  Road and North 37th Street. As you can see here,   the subject site is made up of two ownership  parcels. It is approximately 1.8 acres in size,   zoned LC, limited commercial with a community  unit plan on top of that and is developed with   a strip retail center. In terms of context,  property to the north is zoned LC and is within   the same CUP and is currently being developed  as a restaurant. Property to the west is zoned   LC is within DP 250 and developed with multif  family dwellings. Property to the south across   37th Street is zoned LC within a different  CUP and is developed with a restaurant.   Properties to the east across North Ridge Road  are zoned LC within a different CUP with one lot   developed as a surface parking lot and another  lot undeveloped but with a billboard on the   southwest corner. It is the planning department's  understanding that that property owner has not   renewed the private agreement for the billboard  to be at that site. In terms of the staff report,   the staff report contains information about  the sign code and setbacks. In terms of review,   on January 29th, the planning commission held  the public hearing for this item and ultimately   recommended approval and that was 11 to1 subject  to a modified cup text which is attached to the   staff report and in addition also some conditions  that are also listed in the staff report. The   conditions and the modified cup text included  the following. That the site be restricted to   one off-site billboard along Bridge Road. that  the design shall be in general conformance with   the submitted rendering. And I'll show you  an illustration of that, that the off-site   billboard should be fashioned with a back plate on  the west end of the sign, and that the north 100   ft of parcel 8 shall have a front setback of 20  ft, and that's pending a vacation case that still   has to go forward. On February 2nd, the district  advisory board heard the CA heard this case and   recommended approval and that vote was six to  two and that recommendation was per the MAPC's   recommendation. At that meeting, one member of  the public spoke in opposition to the request,   citing a desire to not have a billboard in the  area. In terms of protest, two protests were   received against this application with a portion  of both within the protest calculation area and   it totaled up to both of them totaled up to 11%  of the protest area does not exceed the state   threshold of 20%. In terms of recommendations, it  is recommended city council adopt the findings of   the planning commission, approve the amendment  to the cup, authorize the necessary signatures,   and instruct the city clerk to publish the  ordinance and resolution after approval. and   that requires just four of seven votes. In terms  of alternatives, you can override the MAPC adopt   alternative findings and deny the request. That  would require five of seven votes. Or as always,   you can return the case back to the MAPC for  additional consideration. That simply requires   a simple majority of four of seven votes. A  note about the process. City council policy   is that public hearing for planning items  occurs at the planning commission meeting.   And according to the policy, the city council does  not typically receive public comments on zoning   items. So with that, I'll take you through some  of the images and graphics. Here's the outline   showing the subject site for this application.  Here's a zoning map which was described earlier.   Here's the map from the comprehensive plan showing  residential and employment mix are recommended   in this area. Here's the protest and notification  map. As you can see, the areas in red are the ones   the protests were counted towards the percentage  of the protest area. Here's a map of the CUP. And   again, this is really focused on parcel 8, which  is shown down here in the lower right hand corner.   Here's the illustration that was distributed by  the applicant at the MAPC meeting and the one   that the MAPC recommended that it should conform  with. Another illustration. Oh, looks like we have   a pixelated photo here, but this is to show the  restaurant under construction to the north. Uh   the shopping center where this would be located.  Uh looking further behind the shopping center to   the apartments to the west and across the street.  There's the existing billboard which again is   being removed as our understanding and looking  south uh towards the restaurant that's across   the street at 37th. With that I'll stand for any  questions. Thank you Scott. Council Vice Mayor   Glascop. Thank you. Quick question. MAPC's with  modified conditions. Dab fives with conditions   again. Can you just reiterate what the difference  is between MAPC and DAB 5? Exactly. Yes,   sir. They're actually the same. So, they recommend  have the same recommendation. Okay. Awesome.   Thank you. I see no further questions. This is in  council member uh Johnston's district. Thank you,   mayor. This is one of those tough decisions.  Always tough decisions. You're not going to   make everybody happy. Um but in light that there  has been a billboard at that intersection for   quite a while, years and years and uh they want to  remain a billboard there. It's important our dab   focused on it was important for local businesses  to have a message on Ridge Road and there are not   a lot of billboards on Ridge Road. So with that,  I will uh recommend that the city council adopt   the findings of the MAPC and approve the amendment  of the North Ridge Plaza CUP DP250, authorizing ne   sign necessary signatures and instruct the city  clerk to publish the resolution after approval.   Second motion second. Any further discussion?  I see none. Madame clerk, please open the role. Motion passes 70. Um, this is a question for  the council. There are two more non-conent   non-consent planning agenda items. Do  you still want to do the break now? Five minute break or what's the consensus? Could do it exactly 1:30  work help out. But that's all right. We can do   it now. Okay. Yeah, that's fine. Yeah, he wants  to. Is that all right? Okay. So, push through   if that's okay. Seems like there's a consensus  to push through. We will continue. Scott. Yes,   ma'am. Madam clerk, can you please call the item?  Zone 2025-70. zone change requests in the city   from single family residential district to multif  family residential district generally located   approximately one quarter of a mile northwest of  West Central Avenue and Northwest Street at 724   North Dhy a Avenue. All right. So with this case  the applicant is requesting as you heard a zone   change from SF5 to MF29. This item is being heard  today because the DAB and planning commission   recommendations both are for approval but have  one uh slight difference. In terms of the request,   the applicant has indicated it is their intent  to construct a 12plex apartment building on the   site. The applicant is requesting that a PO be  included with the zone change. That protective   overlay would limit the number of dwelling units  to 12 while also setting a stricter front yard   setback and design standards. In terms of the  property, the property is generally located to the   north and west of the intersection of West Street  and Central Avenue. The address is 724 North Dory   Avenue. The subject site is approximately 0.44  acres in size, consists of one ownership parcel,   and is currently developed with a single family  house and a garage. Is there any chance we could   get the PowerPoint up? Show the illustrations  on that. In terms of context, properties to the   north and east are zoned SF5 and built with single  family homes. Property to the south is zoned LC,   limited commercial district, and is developed  with a warehouse retail use. Properties to the   west are zone TF3 and developed with single  family dwellings. And the closest multifamily   use is a forplex approximately four 580 ft  to the east. In terms of the staff report,   it provides details about development standards,  compatibility standards, screening, landscaping,   and parking. In terms of review, on January 29th,  the planning commission held the public hearing   for this item and recommended approval of the  zone change request with a modified protective   overlay. The vote on that was 11 to zero. There  were no public comments regarding the request. On   February 9th, the district advisory board reviewed  the request and recommended approval of the zone   change 6 to1 subject to the same PO as the MAPC  recommended. However, with one change, which   was to add a provision number nine, which would  require the roof to be hipped or gabled design on   the apartment building. In terms of protest, no  protests were received against this application.   In terms of recommendation is recommended,  city council adopt the findings of the   planning commission. Approve the requested zone  change. This includes MAPC recommended protective   overlay. Authorize the necessary signatures and  instruct the city clerk to publish the ordinance   and resolution after approval. And that would  require just four of seven votes. Alternatives   include the following. You can override the MAPC,  adopt alternative findings, and approve the zone   change including the protective overlay per the  DAB recommendation. That would require five of   seven votes because it's an override. or you can  override the MAPC adopt alternative findings and   deny the request to zone change that would require  five of seven votes or as always you can send it   back to the MAPC for additional consideration.  And just a note again about the process that   public hearing public comments uh received at  the planning commission meeting. So here's uh the   aerial photo showing the site. You can see that  there's currently a house on the location. You can   see the warehouse retail use to the south. Here's  the zoning map. It's a little bit washed out on   the Here it looks like it's good on the projector,  but it shows SF5 at this location further north,   LC to the south, and TF3, the yellow color to the  west. Here's the map from the comprehensive plan   showing that new employment is recommended for  this area. Here's the photo of the site. This is   the house looking to the south looking across  the street, looking north on same street. And   with that, I'll stand for any questions. questions  for staff beginning with Vice Mayor Glascott. Dab   six in their hip and gable roofs. I have um I know  quick question um regarding the applicant. Did the   applicant agree to that and that it's not going  to make the project unattainable for them? Um sir,   uh I believe that they I will double check  with the MAPC minutes, but I don't recall   them objecting to it, but neither do I recall  them speaking in support of it. But we haven't   heard an objection from them as a result of  that. We have not. Okay. Thank you. I see no   further comments. This resides in council member  Ballard's district. Okay. Thank you, mayor. Um, sorry. I move to override the planning commission, adopt  alternative findings, approve the zone change with   the DAB recommended protective overlay, authorize  the necessary signatures, and instruct the city   clerk to publish the ordinance after  approval. In support of this motion,   I offer the following findings. Approval of the  zoning change with the DAB recommended protective   overlay will put design standards in place to  help ensure that the development is a better   fit for the character of the neighborhood  and does not detrimentally affect nearby   properties. Second. Motion second. Discussion.  Seeing none. Madame clerk, please open the role. Madame clerk, please call the next item. zone change requests in the city from single  family residential district to multif family   residential district for multif family development  generally located on the west side of North Mlan   Boulevard with 200 ft or correction within 200  feet south of West 13th Street North. Yes, Scott   Wadel from the planning department. Again, as  you heard, a zone change request from SF5 to MF18   item is being heard today because the planning  commission and DAB recommendations are different.   Also, protests have been submitted against the  application and within the notification area. In   terms of the request, the applicant has indicated  they're requesting resoning in order to permit   multiple duplexes on the site. They indicated  it is their intent to construct two duplexes on   the site for a total of four dwelling units. The  requested resoning would allow 17.4 dwelling units   per acre for a maximum of five dwelling units on  the site. So, uh they emphasizing that they have   indicated that they intend to construct four, but  the zoning would allow five dwellings on the site.   In terms of the property, the property is located  to the south and west of the intersection of 13th   Street and Mlean Boulevard. The subject  site is approximately 0.3 acres in size,   consists of one ownership parcel, and is currently  vacant. It is our understanding that it did have   a single family house on it and it was demolished  due to longstanding code violations. Properties to   the south and west are zoned SF5 single family  and developed with single family dwellings.   Property to the north is zone go general office  and developed with multiple duplexes. To the east   across North Mlean Boulevard is the Kansas River  and city open space with a multi-use path. Terms   of the staff report, it provides information about  development standards, compatibility standards,   screening, landscaping, and parking. In terms of  review, on January 29th, the planning commission   held the public hearing for this item and  recommended approval, and that vote was 9 to2.   Seven members of the public spoke on this item  with concerns about traffic, potential concerns   about trash and flooding, and the character of the  neighborhood privacy and noise. So they those were   all concerns that they mentioned. On February 9th,  the district advisory board reviewed the request   and recommended denial of the zone change. That  vote was seven to zero. In their findings, the   DAP concluded that the request did not contribute  to the compatibility and harmonious development of   the surrounding community. At that meeting, nine  people spoke in opposition of the requested zone   change, citing traffic concerns, drainage, the  height of the proposed duplexes, limited parking,   and noise coming from the site. 19 protests were  received against this application and they made   up 47% of the total protest area. This exceeds  the 20% threshold and therefore requires a super   majority or six of seven votes. Recommendation.  It's recommended that the city council adopt the   findings of the planning commission. Approve the  requested zone change. Authorize the necessary   signatures and instruct the city clerk to publish  the ordinance and resolution after approval.   Again, that requires six of seven votes because of  the protest. Alternatives include the following.   You can override the MAPC, adopt alternative  findings, and deny the requested zone change. That   would require five of seven votes because it would  be an override. Or as always, you return the case   to the MAPC for additional consideration. Just  requires four of seven votes. And again, a note   about the process and public comments at the MAPC.  So, here is the aerial showing the subject site.   Here's the zoning map showing SF5 in the area and  then go general office is that green color to the   north. Here's the image from the comprehensive  plan showing it's recommended for residential   use. Here's the protest map. Again, 47% of  the area was represented. And then, of course,   there were protests outside of the protest area.  Uh this is looking at the site. Uh so looking to   the west into the site. This is looking to the  north at the apartments. This is looking across   the street across McLean and looking to the south.  And with that, I'll stand for any questions. Questions for staff? I see none. This is in  Council Member Ballard's district. Thank you,   Mayor Scott. I have a question. Um, is it possible  to send this back to the DAB? We received some new   information. Um, and I think that since it was  denied totally by the DAB because there was a   lot of missing pieces I believe just from the  comments that what does it look like? That's   not one of my options. Oh yes. Um, that would be  a deferral. So you could um the Our recommendation   would be that you do it to a date certain uh  so that other members of the public who are   interested in this will know when it will come  back. But obviously um from a staff perspective   I would recommend that you do that obviously at  a later date than when the dab will meet next.   But it's next week. So should I push it back to  past the April DAB? Any recommendations? Yes,   I think that would be helpful. uh especially  since we probably don't have this item on   their agenda for next week and then if we could  have another week or so to be able to collect   the input from the dab and u prepare that for  presentation that would be helpful too. Okay. I'm sorry. later. I move to defer this item to the  April 21st meeting. Second. Motion   second. Discussion. Seeing none.  Madame clerk, please open the role. Motion passes. Someone's missing JV. It's  5. Oh, one UPS. There we go. There we go.   Now it's 6 with one absent. Madame  clerk, please call the next item. Council member agenda, council member Glasco and appointments,  right? Yes. We'll start with appointments.   Great. Council members, I'm sorry, Mayor.  Um, there's travel to be approved. I didn't   know if there was anything on the agenda  that you guys wanted to bring up first. We'll start with travel. Approved to exceed the  gift limit established by the ethics ordinance   for council member Mackie Balor to accept  travel and expenses to attend a community   schools collaboration in Cincinnati April 15  through 16th for the purpose of collaborating   on the mindset and investment of USD259 schools.  The community schools collaboration is hosted   by the parent and community support for the  purpose of collaboration on the mindset and   investment of USD259 schools. The estimated gift  amount for travel, hotels, and meals is $560.52. Is this by bus? Is there no transportation?  It just says travel. I was curious if it was   airfare or bus. It's airfare. I got it. Thank  you. I'm not driving that. Uh, I approve uh,   Council Member Ballard's travel. Second.  Motion. Second. Discussion. Seeing none,   Madame Clerk, please open the role. Motion passes 6. Madame Clerk, please call the  next travel item. Approved to exceed the gift   limit established by the ethics ordinance for  Vice Mayor Dalton Glascock to accept travel   and expenses to attend the community schools  collaboration in Cincinnati April 15th through   16th for the purpose of collaborating on the  mindset and investment of USD 2599 schools.   The community schools collaboration is hosted by  the parent and community support for the purpose   of collaborating on the mindset and investment  of USD259 schools. The estimated gift amount   for travel, hotel and meals is 56052. I move to  approve the travel for Vice Mayor Glascock. I'll   let someone else second it for fun. Second. Okay.  Motion second. Uh discussion. None. Madame clerk,   please open the roll. Motion passes 6. Madame  clerk, please call the next item. Council   member appointments and comments. We'll start with  appointments. Okay. Vice Mayor Glasco. Thank you,   Mayor. I will begin the appointment process  for our upcoming uh district advisory board   reappoints. And so uh the term beginning on April  1st, I don't know the best way to say it, but the   reappoints for district advisory board would be  for Gage Hunt, Alex Garcia Votaro, June Johnson,   Stephanie Joerger, Josiah Wattney, Wally Bell,  Jonathan Walden, Gentry Theson, Patricia Davis,   Harry Willis, and Josh Sharter. And then to the  airport advisory board, I'll do Sierra Scott. Any other appointments? I see none.  I will go ahead and move to approve   uh Council Member Vice Mayor Glass  Cox's reappoints to Dport. Second.   Motion second. Discussion. None.  Madame Clerk, please open the role. airport. Motion sec. Sorry. Motion passes 6.  Now we're going to council member comments.   Council member Shepard. Thank you, Mayor. Um I  would like to seek council approval for a future   agenda item regarding a resolution uniting uh the  United States House of urging the United States   House of Representatives to pass the Rotor Act for  discussion next week. Please also agree. Second,   I don't know if I need to do that. I agree.  I agree. Oh, I love it when the world works   this way. Council member Hoheisle. Oh, no. That  was just me wanting to say how disappointed I   was that it did not pass and it makes all the  sense in the world. So, just wanted to say I   wholeheartedly agree. I see no further council  member comments. So, I do want to say happy   Women's History Month to the women that we all get  the privilege to serve alongside every day. So,   thank you all so much. Maggie, thanks for  getting the creamer to my coffee. Becky,   thanks so much for the taheen gummy bears. And  mayor, thank you so much for letting me walk into   your office across the hallway and have spirited  debate with you. So, we needed women's leadership,   not just in the city, everywhere we go. And  I'm really grateful for each and every one of   you. Council member Tuttle, I do just have  a technicality. Thank you. Last Wednesday,   I was supposed to travel to get with um the um  CEO of Child Start and with our supervisor for   child care licensing to Topeka for early  learning advocacy day. And I was ill. Um,   so I informed the clerk and we also updated on  the website that I did not travel last week. And with that, we cannot adjourn. I apologize.  Yeah, I have a blue sheet. Uh, I move that the   council recess into executive session for five  minutes to receive information on a street   improvement project pursuant to KSA 75-4319B2  to discuss personnel matters of non-elected   personnel. The executive session is required to  protect the city's right to the confidentiality   of its negotiating position and the public  interest. Mayor, just quickly do that. Mayor,   I so apologize. The motion I'm sorry I apologize.  The motion should have been um for preliminary   discussions of acquisition of real property.  If you just um agree to that then the motion's   fine. I agree to that. Okay. So we just need five  minutes. So we'll quickly do this and then we'll   adjourn. So uh it will immediately begin when we  step off. So break and then do that. Sure. Five   minute break and then we'll go into executive  session. Give me a time and we'll come back.   Did we actually vote? Second. I think we have  to vote, don't we? Uh, I think we do have to   What time do you want us back, Jennifer?  It doesn't matter. Your your choice. Um,   we'll return at 1:45 uh p.m. right here before we  can adjourn. Does that work? That gives everyone   time to take a break. Is there a vote? No,  there's not a vote taken. I don't think   there was a vote taken. Oh, mo. I'm asking for  clarity. 145. We will return. That's the move.   The motion I moved. Second. Motion second. Can  we please vote? I. All those in favor? I. It's   6. We're going to take a break and then go  into executive session. Thank you. I'm 50.