Wichita City Council Meeting May 7, 2024
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e e good City leadership for the city mayor
and council members and we pray for them and all the leaders and First Responders
in our city we pray that we might make wise decisions lead us all in ways that
demonstrate your love and grace toward one another and making good decisions each new
day for every Challenge and we're thankful that uh you love us enough to provide all the
we need in jesus' name guide this meeting amen I to the flag of the United States
of America and to the for it stands one nation God indivisible with liy and justice for all thank you Staley Madam Clerk please
call the first item approve the minutes of the regular meeting of April 23rd 2024 we have approval of the minutes motion to improve the
minutes second Madam clerk please open it's frozen do a Voice vote all
those in favor say I I I all those opposed say nay motion passes 70 Madam
clerk please call the next item we have Awards and proclamations the proclamations
today are project access 25th anniversary Provider Appreciation Day and bike month may
please ask council member Johnston to join may also ask project access members
to please join us at the front the proclamation reads the city of witto Kansas
founded in 1870 whereas project access provides an effective way to serve lowincome individuals
who have no health insurance through a streamline process built on the generosity of our medical
community which donates all care and treatment to project access clients and whereas project access
has a network that includes eight hospitals six 40 Physicians 14 dentists and many other
medical professionals who yearly donate millions of dollars in medical treatment to
those in need project access Partners with local community health clinics including Guadalupe
Clinic Grace Med Hunter Health Mayflower clinic and healthcore clinic and whereas project access
provides needed medication and durable Med the clamation reads the city of witch Kansas
founded in 1870 whereas TL a d Learning Academy and other organizations Nationwide
are recognizing recognizing licensed child care providers on May 10th 2024 and whereas
Child Care provides a safe nurturing place for the enrichment and development of millions
of children Nationwide and is a vital force in our economy and whereas child care providers
are indispensable and are for the well-being and economic security of Kansas's young children
families and communities and whereas our future depends on the quality of the Early Childhood
experiences provided to young children today support for highquality child care represents a
worthy commitment to our children's future now therefore be it resolved that I Lily woo mayor
of the city of Witchita Kansas along with the Witchita city council do hereby Proclaim May 10th
2024 as Provider Appreciation Day in the city of wiah and encourage all citizens to recognize
the efforts of licensed child care providers and continue with the supportive commitment to our
children's future [Applause] I'm T Burger owner of Tad Learning Academy on behalf of all family child
care providers centers across the United States we thank you for acknowledging what we do day in and
day out even through crisis thank you [Applause] thank you ter may I please ask council
member Becky Tuttle to come down to the front I will also like to ask the health
and wellness coalition to come forward the proclamation reads the city of Witchita Kansas
founded in 1870 whereas the health and wellness Coalition of Witchita is teaming up with the city
and Community Partners to recognize National Bike month in our community whereas for more than a
century the bicycle has been an important part of the lives of many Americans and as a viable and
environmentally sound form of transportation and an excellent form of recreation and exercise and
whereas the education of cyclists and motorists as to the proper and safe operation of bicycles is
important to ensure the safety and comfort of all users in efforts to reduce access accidents and
injuries and whereas creating bicycle friendly communities has been shown to improve residents
health and well-being Quality of Life Community spirit and reduction of pollution and congestion
now therefore be it resolved that I Lily woo mayor of the city of Witchita Kansas along with the
Witchita city council to hereby Proclaim May 2024 as bike month ICT in the city of Witchita
and encourage all residents businesses and and independent cyclists throughout our community to
support the implementation of the witw bicycle master [Applause] plan thank you mayor woo and
members of the city council my name is Shelley rich and I'm with the health and wellness
Coalition and I just want to encourage all of you if you're looking for motivation to pull
your bicycle out of the garage visit bikon i.org for a full list of events next week is Bike
to Work week so I challenge you to commute to work by bike and you could win the golden
pedal award and then finally new this year when you visit our website register for the
bike month raffle this is your chance to win a new hybrid bicycle thanks to a collaboration
between the city of witchta air quality funds be aware program Legacy Bank and Heartland
bicycle thank you and enjoy your rides this month for thank you thank you again to all of our
Proclamation recipients I would like to now ask WSU Tech to uh come forward for the WSU Tech
Signing Day video and present with Dr Sher utash is it working today is national Signing Day here
at WC Tech Kennedy why don't you tell them what we're doing we're giving away $1,000 scholarship
you just come sign get a picture with the big check over there and have a great time are you
kidding me ,000 I'm here for the $1,000 hi my name is Lauren and I go to Andover Central High
School my name is Blanca and I'm from South High Carter and I go to school at Bishop Carol and I go
to Southeast High School Freedom Preparatory Derby High School Manhattan High School and I go to NEO
High School after I graduate high school I'm going to WC Tech I plan to attend WC tech for interior
design Aviation mechanics Information Technology registered nurse bace Tech's Automotive program
Signing Day is important to get the students really excited and explain the opportunities they
have ahead of them in our industry there is a huge demand for new talent coming in it's important to
Lincoln Electric to be part of national Signing Day because we get to see the future of our
industry today is all about honoring these students choice to pursue a career in technical
education so whether that's Automotive it culinary manufacturing today is the day where we are
celebrating those students and we are setting them up for success to get $1,000 feels amazing
less money you have to pay for school $1,000 to me means hope one step closer to completing my
education debt free if I could describe today in one word it would be amazing fantastic thankful
blessed Joy awesome amazing I love today I got a $1,000 scholarship here for the money baby show
me the money I just got $11,000 not bad for a hard days of work that was fun can we do it again
I mean I want $1,000 again please let's do this [Applause] again so thank you so much for the
opportunity to be here this morning uh and to share this uh about seven or eight years ago uh
the the uh Dean at wasburn Tech and I were um having a a a happy hour at a conference we were
at and we were talking about how do you celebrate Career Technical education and the decisions that
students are making so we decided to do something very similar to what um College athletes get when
they um make those decisions to play sports at different institutions and I went back to the
days of my youngest daughter when she signed to play play volleyball um right out of high school
and so we started this um seven or eight years ago I'm happy to say that this year's signing day
for us we had um almost 200 high school students commit uh and received that scholarship of $1,000
I'm more excited to share though that this idea that started here in Topeka Kansas and Witchita
Kansas has now span across the United States and there was over 200 200 institutions across the
United States celebrating national Signing Day uh and really celebrating the decisions that
young people are making uh when they make that decision to begin their careers with a career
in technical education pathway um so super exciting times um just to give you a little
bit of perspective uh five years ago we had 58 that that came this year we had almost 200 so
we're continuing to enroll those the other good thing is out of those 200 um 101 enrolled on the
spot of new WSU Tech students for next year so here's what happens they get a they they commit
they sign a letter of intent just like you do they get a ball cap they get a $1,000 scholarship
they get pictures with their families they get you know they bring all their families it's a really
great day of Celebration uh so we're super excited about how this continues to grow um signing
day here in wiah but also Across the Nation as we provide this most critical Talent Workforce
that's needed across our United States so thank [Applause] you thank you again to
Dr Sher utash and the team at WSU tech for celebrating again Career and
Technical College and education for our young kiddos uh we really appreciate that
that segment of our city council meeting is about Awards and so congratulations to to
the 200 high school students who received a $1,000 scholarship and congratulations
on graduating this year in 2024 Madame clerk please call the next item public agenda
Gracie lamb ceasefire in Israel and Palestine good morning Council um my name is Gracie lamb
I'm a student at witch State University studying political science in addition to my studies
I am also on the student Senate and recently the witcha State student government passed
my resolution advocating for a ceasefire I want to preface this by saying that this is not a
political issue with a side to take it's a people issue major non-governmental organizations such
as Human Rights Watch and UN Human Rights Council and Amnesty International has have called out
the Israel Palestine conflict as violating international law and resulting in crimes against
humanity and human rights violation also Global di diplomats have not come to a consensus that
there's a genocide occurring in Gaza amnesty International's gen uh General Secretary Agnes
camard said that the threshold for genocide is met and that holds a lot of weight if you took
a lot of interest in your history classes you know the significance and importance of taking
human rights organizations seriously the reason I'm here in front of the city council today is
because the United States is sending money and lethal weapons to Israel continuing the war the
reason we at wsha state passed the ceasefire and Gaza resolution was to use our platform as a
large public institution to advocate for peace and to pressure L larger governments like this one
to pass something similar the city of witchta is the largest city with a Libertarian mayor which is
a source of Pride for many of us so I'm sure you understand the philosophy of Libertarians
that Advocates against the US uring itself into foreign conflicts especially giving
American Dax dollars to foreign military Powers Council the amount we spend in Israel is
no small amount we spend over $3 billion a year estimated to be somewhere between 3.1 billion
and 3.8 billion which is more than we spend at our own border and we recently passed to Bill to
give them $26 billion this makes us an accessory to Major international law violation VI ations as
Israel continues to use their power to slaughter Palestinians 70% of those who are already dead
are women and children mayor woo I saw in the news that you recently visited Switzerland uh to
learn about the Swiss ideas and how to implement them in a city government the Swiss are most
famous for their philosophy on peace the Swiss began their strive to keep the peace in the
11th century after losing a couple Wars of expansion which resulted in unnecessary deaths
I believe that we as the United States should advocate for peace as well especially within
City governments there is absolutely no reason for this many deaths to occur we have uh been to
a few City Council meetings already and received quite a bit of support um and we are hoping
to uh enact a city ordinance similar to the one passed in the student government at witcha
State basically saying that the city of witcha does not support uh sending money to war or uh
support international human rights violations such as violations of the Geneva Convention the
hay convention and the human rights declaration which was proposed by the United States itself um
the technicalities of this ordinance I'm know you guys are very busy so if that would be something
that we would need to write ourselves I am familiar with how to write a bill I spent quite
a bit of time in TOA this last semester um I uh could set up a a meeting with any one of you if
you'd be interested um thank you for your [Music] time thank you Gracie for speaking out this
morning I will just add one additional item I really appreciate um your reference to peacemaking
um I did understand the concept and know that here in witch child we are peace makers and just last
week during the National Day of Prayer we talked about the importance of being peacemakers in
our own Community um so again thank you for speaking out as a college student are there
is there any additional time or other public comments oh Johnson uh council member Johnson
thanks mayor Gracie thank you for using your voice and the work that you did with sgaa to
get that resolution passed and thank you for standing on the right side of the issue caring
about people in life and this needless War and the needless death of so many people over
there I just wanted to thank you for your work we will end public agenda items now consent agenda items 1 through 15 are there any items to be pulled see none is there a motion to approve I moved I mooved to
approve the consent agenda second vice mayor ballor seconded
any additional see none madam pleas if you want to do it by voice that would
be best because it keeps freezing on that okay again we apologize for the technical difficulties
um all those in favor say I I I all those opposed say motion passes 70 Madam clerk please call the
next item board to bids and contracts dated May 6 2024 War mayor city council Josh lbert
Department of Finance the board of bids and contracts convened May 6 2024 with the
following recommendations for engineering we have the MacArthur waterline extension between meridian and West Street phase one for me
Construction Incorporated in the amount of $195,200 LLC in the amount of 207,000
$200 we have the manholes inlet covers Inlet frames excuse me and covers for DC andb
Supply Incorporated in the amount of $136,800 57 we have the background check
investigations for True view BS I LLC for the rates listed with one year with
three onee options to renew we have the parts for rotating assembly for Patterson
pump company in the amount of $5,385 back to the bench is there a motion to approve I move that the city council receive
and file receive and file report approve the contracts and authorize the necessary
signatures second motion and a second all those in favor say I I I all
those oppos sign motion passes 7 Madam clerk please call the next
item petitions for public improve improvements good morning mayor City
Council Members Paul gunsman Public Works and utilities for the record this morning
I have three locations for petitions for your consideration these signatures on the
petitions represent 100% of the Improvement districts and the petitions are valid per
Kansas statute first one before you is swy Farm Edition located in District 3 the
project will provide water improvements storm water drain improvements sanitary sewer
improvements and Paving improvements for new residential development the second item is South
cica States District 4 projects will provide water improvements storm water drain improvements
sanitary sewer improvements and Paving improvements and the last item is Cypress Glenn's
second edition in District 5 the projects will provide water sewer and Paving improvements
required for a new residential development the developer will also construct their improvements
under private contract and to comply with State Statute regarding the use of special assessment
funding the city must acquire the completed projects it is recommend recommended that the
city council approve the new petitions and budgets adopt a new resolutions and authorize necessary
signatures and I will stand for questions any questions for staff Ione any public comments
I see none is there a motion to approve motion to approve the new petitions and budgets adopt
the new resolutions and authorize the necessary second motion and second all those in favor
say I I all those oppos passes 7 pleas call the next Amendment to the real estate agreement
for the sale of 2220 East 21st Street North good morning city council Jerry Ford with
development services uh this item I bring before you today is an amendment to a real estate
agreement that was previously approved on ail April 9th um the real estate agreement for
2220 East 21st Street was approved on April 9th for a sale to Habitat for Humanity
after the approval of the agreement it was discovered that a portion of section 13
which was in references future use and the introductory portion of section 14 in notices
was inadvertently dropped from the agreement section 14 future you states that the buyer
commits to the ownership of the management of and the maintenance of the property as the habitat
headquarters for a minimum of two years that part missing from the April 9th agreement is a
paragraph that states that the buyer will not be bound to be required to enforce the terms of the
section if the buyer is no longer in ownership of the property however both parties do agree to the
deed restrictions that are set forth in section 12 section 14 is about notices and is missing
the introduction to the section which is an information about how the part the parties agreed
to inform each other on April 23rd the amendment to include these missing sections of the original
agreement were presented to City Council on the consent agenda it was at that time that city
council requested additional language be added to the use provision of section 13 detailing how
the property could be repurchased in the event of a nonuse the item was deferred to today May 7th
if habitat were to violate the two year occupancy and use guarantee the buyer has they have agreed
to additional language in the in this amendment before you today that empowers the city a option
to P repurchase the property at the original sale price or at a lesser amount should habitat
agreed to a sale price for less than what they paid habitat subsequently request an extension
of their due diligence period which extends the due diligence period from June 88th to June 20th
there are no Financial considerations or no impact as a result of the proposed changes and it is
recommended that the city council approve the amendment to the real estate agreement dated April
9th and authorize the necessary signatures and I stand for any questions any questions for staff
I see none we'll open it up for public comment mayor city council my name is Lori Walker I'm the
program director at Witchita Habitat for Humanity I want to First tell you that we're grateful to
the city council for voting to approve Witchita habitat's purchase of the building at uh
on 21st Street at your April 9th meeting and before addressing the specifics of the agenda
item before you I want to speak to the commitment we've demonstrated to the community where we plan
to move our headquarters witch habitat has been working in the area since 2014 it is referred to
and you might have heard the name Rock The Block neighborhood we see the purchase of this building
and moving our operations as a way to solidify our commitment to this once very neglected part of our
community this move will impact 22 staff members making it a major undertaking for our entire
team something we do not plan to do again for many years to come while we enjoy tax exempt
status our endeavors significantly contribute to the growth of the tax base and I would ask
you to consider these these figures since 2014 we've constructed 116 new homes most of which
are in an area that was mostly in Phil Lots in the Rock The Block neighborhood we've completed
13 Renovations enabling 129 families to achieve home ownership these homes are homes to 317
children and 196 adults the homeowners have collectively contributed $636,000 in property
taxes since they've purchased their homes by transforming vacant and blighted lots into
vibrant residential spaces we generate far more Revenue than would otherwise be possible thereby
alleviating burden for taxpayers furthermore homeowners of properties built or rehabilitated
by witch Habitat for Humanity contribute over $350,000 annually to the property tax roles we
also have completed repairs on 17 homes for home buyers or homeowners who would not otherwise
be able to take care of those issues on their homes due to limited income we've invested a
little over $15 million in this neighborhood since we started working there it has taken us
many years of hard work to earn the trust of the rock the block neighborhood we would
not do anything to jeopardize that for any reason whatsoever in short our commitment to
Witchita extends Beyond mere housing construction we actively seek to revitalize communities and
stimulate economic growth our plan to consolidate our program office and construction and now home
repair um operations has been under discussion for more than eight years it is included in our
strategic plan and Our Hope was to get that done by the end of this year this building will make
that possible and we're thrilled to have the opportunity after confirming that the
property would meet our needs we did a lot of due diligence to make sure that we would
be able to use this property for many years years to come our offer of $682,500 is based on
the 2023 valuation or County Appraisal at the time the proposal was written which was $910,000
the offer took into consideration our plan to invest 300,000 in renovating the building
so it would meet our needs for the long term we did not ask to lease the building with an
option to purchase at some point in the future but tendered a cash offer to buy it outright we
do not need to do a capital campaign to raise the funds to purchase this building because
Witchita Habitat for Humanity was blessed alongside 84 other habitat Affiliates that's of
the 1500 Affiliates in the United States with funds unrestricted dollars from Mackenzie Scott
the RFP stated specifically that the successful bidder must remain in the building for two years
we acknowledged that requirement in our proposal in section 13 of the agreement which we've
all signed addresses that commitment that said Witchita Habitat for Humanity has in good faith
agreed to the addition of language giving the city the option to purchase the building back at
the lesser of the purchase price or in amount any amount we might be offered for the property if we
fail to own manage and maintain the property for two years this is in spite of the fact that we're
going to invest $300,000 in that building when we choose a space to invest in you can see and feel
the difference no different than the communities we've identified to invest in this headquarters
will serve that same purpose thank you for your time any additional I see none we'll bring it back to the
bench council member John St thank you hapat for manity I I appreciate your your patience and the
process of of uh contracts and things um I think we've got it right now I wish you all the best do
an absolutely great work and uh look forward to many more years of uh helping people thank you
council member johnon thank you mayor due to a personal conflict of interest I'll be abstaining
from this vote council member Glascock yeah I want to Echo councilman John sten's comments I think
this is a strengthened agreement thank you for being a flexible in this process often sometimes
government isn't the easiest uh to work with but I'm thankful for you doing this and I think
this is a precedent moving forward that we're going to be good stewards of taxpayer dollars
and also encourage your investment as well so thank you for investing in the community um I'm
glad that you mentioned uh again the statistic about $636 ,000 invested uh back in the tax rules
and that's a huge benefit that habitat has that a lot of nonprofits in the community don't invest
um uh back on the tax rules in terms of that so thank you for that work um and I'm very excited to
support this as presented today vice mayor Balor thank you mayor Jerry I'm sorry I have one quick
question for you um is the new language something that we have ever added in contracts before or was
this just an oversight that we forgot to put on there uh no that language is is typical language
that we would put in real estate contracts um okay there were just some conversations
on social media saying that um this was maybe unusual so I just wanted to
um clarify that for the public no the the sections that we're missing are
standard SE standard language for the city to have in its contracts or real
estate contracts okay thank you you're welcome you see no further comments is there
a motion to approve a motion to approve uh the amendment to the real estate agreement as
presented by staff second all those in favor say I I I all those opposed sign and one
exension motion passes 60 with one exion Adam clerk please call the next item public
hearing and tax exemption request Lee Aerospace good morning mayor and City Council Members I'm
Tim good pasture with the city manager's office of development services the item before you today
is a request for a tax exemption for Lee Aerospace Lee Aerospace was founded in 1989 it designs
and manufactures aircraft windows aerostructure assemblies and composite parts for the Aerospace
industry it is proposing that it would renovate a building at 9413 East 34th Street North which
is just west of 34th Street and web road the renovation will create a clean room a layup room
and a sputter chamber which will be utilized to apply thin layers of material to aircraft windows
the company will be investing a million dollars in Real Property improvements and an additional $1
million in new machinery and equipment for a total investment of $2 million the company currently
employs 154 employees in Witchita and projects as a result of this project that it will add 15
new employees over five years with wages in excess of $54,000 the project qualifies for a 90% tax
abatement under the current economic development guidelines uh based on capital investment
it qualifies for 40% based on job creation an additional 30% being in a regional growth
plan sector which is Advanced manufacturing an additional 10% and by us utilizing state of Kansas
incentives it qualifies for an additional 10% no land will be abated as part of this project
the economic development exemption uh under which this company qualifies for a property tax
abatement is a state of Kansas program that is not utilized very often because it's very limited
in the types of companies that can utilize it uh for a company to qualify they have to be in
one industry one of three industry sectors uh in the state of Kansas that being manufacturing
warehousing and distribution or research and development all with products utilized in
interstate commerce there will be no sales tax exemption as part of the edx program the
estimated value of a 90% abatement uh of the $1 million investment is approximately $27,700
with the city's share being approximately $736 there will be a payment in Le of taxes put
in place for this project because this is an existing building that is generating taxes
so the existing taxes today again that $ 67,2 will remain in place for the 10 years of the
property tax abatement so all taxing jurisdictions will continue to receive what they are getting
today the abatement will be only on any increased value based on the investment that the company is
making a cost benefit analysis was conducted by the center for economic development and business
research at witto State University which showed an overall ratio of benefits to costs of 2.73
to1 for the city with the city's general fund at 2.55 to1 and the city's Debt Service fund at
3.13 to1 therefore it is staff's recommendation that the city council close the public hearing and
place on first reading the ordinance authorizing the execution and delivery of documents for
the Economic Development exemption for Lee Aerospace Incorporated and authorize the necessary
signatures Michael alberty who is a vice president and general manager for Lee Aerospace is here and
can answer any questions specific to the company and I would be happy to answer any questions as
well questions for staff council member tutle thank you thank you Tim for the presentation I
always say by the time something gets to here to the V she put in a lot of time and effort so
I always appreciate that um could you go back to slide 38 please I think I asked this this every
time but just for those who may be watching or I don't know if anybody's watching or they go back
and watch it later anyone in the audience can you please explain what this slide means and then also
the significance of the 2.73 to1 absolutely so in whenever there's a tax abatement uh completed
in the state of Kansas the state requires a cost benefit analysis to be completed to show the
impact to all taxing jurisdictions the state does not require that there be any specific ratio of
what that looks like 1:1 1.3 to1 which the city used to have as a ratio it could be below one
it it the state doesn't require there to be any specific ratio it just requires that you
run an analysis and the City of Witchita has as part of its Economic Development guidelines
a requirement that the project is at least a 1:1 ratio so when we're looking at something that
is a 2.73 to1 we're well above the one:1 ratio and that is a very high return on investment for
the city for every dollar that is invested in the tax abatement we are receiving back $273
great great great for the city um also is there any risk to the city with this T there's
absolutely no risk there's no taxpayer dollars again we're protecting the existing taxes
that are being generated we're only abating any increase in value based on the investment
that the company is making thank you very much any further questions for staff I
see none we'll open it up for public comment well bring it back to the bench at this moment any further questions I
see none is there a motion to approve I I'd like to just make a quick District
uh number two thank you um I just want to thank staff Ken for all your hard work on
this I also want to thank Lee Aerospace for investing in our community um one of the pillars
of our mission is to grow our economy and and um initiatives just like that or how that's going
to happen excited about the 15 new jobs that it's also going to bring at a really nice wage
so thank you to everyone who's been involved but a special thank you to Lee Aerospace so with
that I would move that the city council close the public hearing and place on first reading
the board the bond ordinance authorizing the execution and delivery of documents for the
economic development expansion of Lee Aerospace Incorporated and authorized the necessary
signatures second motion and a second all those in favor say I I I all those oppos same
sign motion passes 70 Madam clerk please call the next item request for letter of intent to
issue industrial revenue bonds 212 North Market again mayor and council members Tim good pasture
with City manager's office of development services the next item before you is a request for a letter
of intent to issue industrial revenue bonds for 212 North Market 212 North Market Street LLC is
a real estate holding entity that was created recently to acquire the building at 212 North
Market in downtown Witchita near First Street North and Market to develop into an affordable
housing project it is requesting a letter of intent to issue multif family housing revenue
bonds in an amount not to exceed $21 million the company is requesting a sales tax exemption
with an estimated value of $540,000 the city's share of which is approximately 42,000 and is
requesting a tax abatement only on any increase in value uh over the current valuation of the
property uh like the last project a payment in Le of taxes will be put in place equal to $2,112
which are the current taxes that are being paid so no taxing jurisdiction will be uh out any dollars
that it is currently receiving it will only be an abatement on any increase in value based on the
investment that developers are making 212 North Market is currently utilized as an office building
and it will be redeveloped into 51 one-bedroom and 23 two-bedroom units the estimated value of a 100%
of apent is approximately 640,000 if the appraiser were to increase the value by $21 million the
city's share of which is approximately $172,000 again a payment and Le of taxes will put in place
uh in excess of $21,000 which are what the current uh property taxes are being generated a cost
benefit analysis was completed by the center for economic development and business research
at witto State University which shows an overall ratio of benefits to costs of 1.69 to one uh the
city's general fund ratio benefits to cost of 1.65 to1 and the city's Debt Service fund of 1.80 to
one uh the company is applying for uh tax credits through the state of Kansas through the Kansas
Housing Resource corporation uh the deadline is May the 10th uh this project with an approved
sales tax will help the project receive extra points in scoring in terms of trying to get more
projects in witchta that are affordable housing projects therefore it is staff's recommendation
that the city council close the public hearing adopt the resolution of intent and authorize the
necessary signatures the developer is based in Denver Colorado and given our technological issues
was not able to join us today otherwise would have been available so I will be happy to try to answer
any questions I can questions for staff beginning with vice mayor Ballard thank you mayor Tim great
job um I've been really excited about this project so I just have some um questions for you just
to explain um parts of the project to the public um the developer told me he was telling me
that 16% of the units would be reserved for um affordable for people making 30% of the Ami
and an additional 30% will be reserved for people making less than 40% of Ami you explain what that
means so the area median income is what a lot of the affordable housing projects are based on
the developer can set what percentage of the area median income that they want to Target
for their project obviously the the lower the area median income that they're targeting
the more beneficial it is from a scoring standpoint with the state of Kansas if you're
targeting people who have very low income uh that's a good thing because there aren't a lot of
projects that do that and so with this developer where they're targeting I believe it's 30 40 and
60% uh the tiers in terms of what they're looking at at area median income the area median income
for households in 2022 I believe was $65,625 of the area median income so that's less than
$40,000 a year that they're looking at for fam that would qualify to rent in this facility okay
awesome thank you for that they also mentioned that all the units would be offered below HUD
defined fair market value um which is below the affordability threshold for people making the
60% so um do you have any idea um what potentially these rates could be unfortunately off the top
of my head I do not have that information so I know affordability means different things to
different people people but this project seems to be actually affordable for a population that a
lot of people are still not addressing the housing issue for so I'm really excited um about that
another question um is how can we be certain or what is put in place to make sure that they stay
these rates that they're telling us and the public so when a project utilizes lowincome housing
tax credits through Kansas Housing Resource Corporation there are all kinds of regulations
they have to follow and there are all kinds of audits that the developer will have to make
sure that the developer is is qualifying the individuals or families that are renting in their
facility by paycheck by whatever means it is to verify what their income is uh the Kansas Housing
Resource Corporation is constantly auditing those companies and they have to provide all kinds
of information in terms of reporting back to the state to show that they are uh qualifying all
the tenants uh the affordability is in place for a minimum of 15 years and it is a complicated deal
structure in terms of the tax credit purchaser that's involved and winds up having to be in
the deal for 15 years as well as other parties that are involved so it's a very complicated
transaction that has a lot of oversight and so it is not undertaken lightly to pursue low-income
housing tax credits so there's multiple layers of people doing checks and balances correct okay
last question is and I'm sorry I don't know all the ins and outs of this I know the litec um
paperwork is due on the 10th correct correct okay so what happens if they don't get um the so
if they so we have multiple uh developers that are submitting by the May 10th date uh there's two
levels of tax credits 4% and 99% the 9% credits uh are only reviewed once a year so this may 10th
deadline is the only deadline this year so if they don't get an application in by May 10th obviously
they don't get the credits there's not a second uh time to make an application now if they get
their application in by May the 10th that does not guarantee that they are getting tax credits
these tax credits are highly competitive the 9% tax credits we're actually going to be reviewing
this on a later item the 9% tax credits normally generate about 70% of the equity in a project
today the state of Kansas is matching the 9% credits so that's providing about 85% of the
equity in a project so as you could understand if you're able to get 85% of your project funded
through tax credits you really want to do that and so this is a super super competitive situation
so they could apply and still not receive the credits because again this whole scoring situ
situation they're looking at there's people all around the state that are doing everything they
can to get as many points on their application so that Garden City or Hayes or Emporia or Kansas
City or Overland Park that they can get their projects approved so um everyone is trying to get
as many points as they can to get their projects in by this May 10th deadline but if they don't
if they're not chosen they can wait and they can reapply next year so the state of Kansas opened
up uh the 9% tax credit scenario in January where companies could come in and present their project
and the state could say well you can do these extra things to try to get extra points and so
developers have been working to do those things to get the extra points to try to get the best score
they can possibly get so if they apply and are not chosen through this particular 9% consideration
which they'll find out in in July whether they were selected than if the seller of the property
is willing to wait with them until next year they could reapply next year vice mayor I think
the short answer to your question is that the developers indicated they can't go forward without
the credits okay great thank you both very much really appreciate it council member glassock thank
you mayor uh Vice M vice mayor Ballard's question sparked two more questions of mine um first off we
had talked about if they are't awarded this year they have to reapply subsequent years our passage
of this today and the passage of the RB how long is that how long does that last does have come
before Council again so it would have to if they did not get approved this year then they would
have to come back next year and ask for another IRB uh approval for next year okay fantastic
thank you for that uh Second to that and I don't project this to be a problem um this is just
more for future projects too so they guarantee that certain percentage of the apartments will
be or the apartments will be B based on the Ami um for that family for some reason let's say they
can't find an applicant that fits that definition um that's applying for an apartment there what
happens they can't lease that unit so they have to have people that meet these income guidelines
it is a very strict deal that the state monitors on a regular basis so they absolutely have to
find tenants that fit that a timeline of hey we have to wait six months and then we're open able
to open it they just can't rent that apartment correct okay thank you and then this would be I a
question so I know item five we're talking about further ways that we can enhance our ability for
um these credits here in Witchita moving forward would this retroactively be able to happen would
they have to come back to so let's say item five passes today would they have to come back as
part of our ability to Abate further tax credit or what would happen with item five today so item
five is a uh separate but very important component of this same situation the same application
what item five is going to address in terms of the waiver of fees is they get five or even
10 points depending upon the dollar amount of the fees that are waved and so again just
like this getting a sales tax exemption gets certain points in their application the waiver
of fees gets them additional points so it's all based on this whole point schedule where the
more benefits we can offer as a community the more points they get the better chance we have of
getting an affordable housing project in which it all so let's say we were to passed this today and
then we were to pass item five their application is due on the 10th so we wouldn't have another
chance to come back before this body to be able to do the fee waver council member if I could address
that all of this fall as I understand it falls in one category and I'd like Troy Anderson to maybe
talk give you a little preview of the next item because this project as we're recommending it
would probably not receive the waivers because they'll get full credit for the sales tax
and property tax abatement but like Troy to address that okay thank you some council member
to City manager's Point yes this category you can and get up to 20 points right so as um as Tim was
referring to the fee waiver later on depending on how large the project is the size scale scope of
the project you might see $40,000 in permit fees wave that might get you Five Points so for this
particular project from what we understand if an applicant gets a sales tax exemption that's
worth 10 points if you get the property tax abatement that's worth 20 uh 10 10 points so you
will have maximized your 20 points anyway so the fee waiver doesn't necessarily improve your score
any right so but on the other projects right that um are submitting where they're not applying for
a property tax abatement so for example um couple weeks ago you all heard a request for two projects
for sales tax exemption only right so they might get the 10 points for the sales tax exemption and
then they get might get the five or the 10 points for the fee waiver project again maximum of 20
points points but there's various ways you can get to that 20 points okay I just want to make
sure they're capitalizing on everything so thank you council member hois thank you mayor
um appreciate the presentation uh a lot of good things here I'm I'm psyched that
we actually get some affordable housing uh downtown a couple of quick questions
um what what are what's the boundary of the area median income so the area
median income that I was referring to is County okay appreciate it and then um so would
future rent increases be dependent on increases in the um area of median income they could look at
um the income the rents rather would remain stable if the income increases then obviously that
changes what the percentage when you look at the percentage when you apply the percentage
to an individual or a family what their in could be to qualify under the affordable housing
uh guidelines okay all right appreciate it council member Tuttle thank you Tim again great job always
appreciate all your efforts um I won't to have you go back to the slide but just wanted to highlight
that the return on investment was one to 1.69 so a great investment for the a great partnership
with the city is there any risk to the city in this initiative there is no risk at all no
taxpayer dollars are involved in this thank you Tim one last question y sorry nope uh wanted
to know how many have applied for 9% litech so I believe from uh in terms of projects that
are in the city of Witchita I want to say that we're aware that there are maybe six projects that
are applying for the 9% credits and a community can only receive four maximum if we were lucky
enough to receive four and traditionally well historically how many have we received so
over the last seven years and I'm going to get to this with our next presentation
but off the top of my head I want to say over the last seven years in the state
of Kansas there have been 85 projects that have uh applied for 9% credits and I
believe there's been only seven in witch all thank you uh Council M Johnston thank you
very much Tim appreciate it um I think this is very good anytime we can get affordable housing
especially in downtown is tremendous also we've got several hundred we will have several hundred
medical students in downtown and traditionally medical students don't have a lot of money so
it's a great option for them actually I had a son that utilized this in another building
he's a med school here so nice it's a great thing thank you Tim I see no further questions
for staff we'll open it up for public coms good morning my name is Twila Purity uh I live in
the Polo Club I'm on District Advisory Board one and I just uh have a few questions on this project
now I understand the de developer is from out of state is that right okay and then the de developer
will also be leasing the units is that right right okay and then I know the city well I've kind of
heard um that the city has had problems with out estate landlords and they become slum Lords I
mean that's going pretty far right from all the way to slumlord but what are the protections if
historically the city has had problems with out estate landlords how is this project going to be
protected from what could happen in the future if they really don't maintain the building which
should be hard to maintain a good building and get a nice return on investment if the rents are
relatively low and I guess the followup to that would be has this developer done similar projects
and has the community or are those communities happy with how the landlord is acting with towards
their tenants you still have five minutes so we'll wait until you're done with five minut I'm done
I just was looking for we'll ask that during they'll respond any other public comment I see none we'll bring it back to the
bench Tim could you please come forward can you address whether there will be a Witchita manager
uh managing this specific property they will have a management company selected locally they have
not selected one yet but they will have a local management company uh there are apartment comp
lexes all throughout the city that are owned by developers that are out of town um it it happens
all the time uh in particular when you look at low-income housing tax credit projects because
of the complication of them when uh companies get involved in them and they become experts
in that area they will typically do them in their region or throughout the country uh
because they learn how the process works and they learn what the reporting requirements
are and they usually do a really good job of Mak maintaining their properties uh because they're
very involved in these kinds of projects and so uh we don't typically see that low income
housing tax credit projects whether it's a local developer or someone from out of state uh
are operating in a capacity where they let the properties run down and oftentimes we actually
see them come back and maybe we have a a project Brentwood apartments near haran Wood lawn where
the developer who's owned the project since the 80s has come back and is applying again for a
round of tax credits to rehab their project so uh they often come back and try to do what they
can to continue to maintain the affordability as well as the maintenance of the property council
member John Sun thank you mayor no questions Tim just excited about this project we always say
the downtown is everyone's backyard and now there's more opportunity for people to afford to
live in that backyard so I am happy to see this project and I'm hoping that we can see uh even
more affordable units downtown I'm just grateful that the uh applicant is looking to do this work
council member tutle thank you and Tim just if we could invite you back up we're going to make
you jump up and down a lot today um regarding the Community member thank you for coming today we
always appreciate Community engagement and glad that you're interested in care so thank you
for being here and asking a question I just want to kind of re-emphasize too because of the
potential for the low-income housing tax credit the state will be involved correct and so there
will be additional oversight monitoring of this project to ensure the living livable conditions
for for the tenants Etc would that be a good assumption to make that's correct okay and
then you kind of mentioned it but there's been precedent for us doing this before correct
absolutely and we have we had any concerns with out of state um you know purchasers in the past
no we have not okay thank you I see no further questions this resides in vice mayor Ballard's
District thank you mayor um like I said I am very excited about this project um they will be having
a local management company um just a few blocks away from the property so that's really good news
because as Miss pury mentioned we have heard in the past um sometimes at ofate developers that
aren't here to drive by every day um don't take as good of care of our properties so really excited
to hear about that um and just excited for someone to actually tackle the affordability piece that
so many um members in our community are really struggling to find um housing so very excited
about this um and with that I would like to I move to take the recommended action to close the
public hearing adopt the resolution of intent and authorize an necessary signatures second motion
and a second any further discussion been none um all those in favor say I I I all those oppose
same sign motion passes 70 Madam clerk please call the next item public hearing on proposed
assessments for 37 Paving project projects 30 water projects 24 sewer projects and 21 storm
sewer projects in September 2024 Bond sales series 834 good morning again mayor City Council
Members Paul gunsman Public Works and utilities for the record the item before you this morning is
a public hearing on proposed assessments for 112 projects there will there are 37 Paving
projects 30 water projects 24 sanitary sewer projects and 21 storm sewer
projects for a total of 33 Mill 640,000 notice of hearing letters were published March 1st
2024 for all 112 projects all effective property owners have been notified in writing and and
the Department of Finance and Public Works step held a virtual informal hearing on March 18th
2024 there were four citizens and attendance of that meeting and staff felt they were able
to effectively answer any of their questions at that time or by follow-up conversations as
I sought additional information during the hearing Financial considerations statements
of special assessments will be mailed to the property owners on May 17 2024 pending city
council approval today property owners have 30 days from the date of the statement
to pay the assessment and avoid paying interest the assessment not paid during this
period will be in the September 2024 Bond sale and the interest added to the principal
amount will be determined by the rate at which bonds sell principal and interest will
then be spread and placed on the 2025 tax rule within this there is all single family
property assessments within this group of projects will be for a period of 20 years
based on the two-year trial approved by the city council on June 7th 2022 of the 112
total projects 74 are single family or mix or a mixture of single family multifam zoning
and will be assessed over a 20-year period the remaining 38 projects are either all multif
family or commercial zoning and will be assessed over a 15-year period it is recommended that
city council close public hearing approve the proposed assessments and place the ordinances
on first reading I will stand for questions any questions I see none we'll open it up for public I see none'll turn it back to the bench is there a motion to approve I would move that the city council
close the public hearing approve the prop propos assessments place the ordinances on
first reading and authorize the necessary signatures second Motion in a second any
further discussion I see none all those in favor say I I I all those oppose same
sign motion passes 70 Madam clerk please call the next item tourism business
improvement district 2025 scope of services just going to check the slides real
quick wonderful good morning mayor council Lindsay Baka with the city's City manager's
Office Division of Arts and Cultural Services uh today's presentation is what we affectionally
call the t-bid uh the tourism business improvement district uh the scope of services and budget for
2025 a little bit of background about the t-bid uh visit witchta receives annual funding from
from the city of witchta via the t-bid and the trans guest tax uh for a promotion of Tourism
and Convention activities in 2014 the t-bid was created to provide additional f fing to promote
tourism uh the funding had experienced previously had experienced limited growth uh in the Years
prior which uh uh was the reason the tbit was created um to ensure that we were in competition
for tourists and uh conventions um afterwards the scope of services for 2025 outlines strategies
and budget allocations for leisure marketing and group sales activities uh to drive tourism to
witto visit witto is helping lead local marketing efforts uh and critically Main maintains the
the growing wit to's growing travel industry and providing dollars back into the local economy
this is a five-year kind of forast of the Ted fund noting that we don't really track 2020 because
it wasn't a great year for a lot of things uh the proposed budget for 2025 is as follows the
estimated uh Revenue 4.1 million the proposed Leisure marketing expenses at 2.36 million
uh the proposed group marketing expenses at $ 750,00 and product development at2 ,000 and
uh General expenses for operations at 790,000 there are carryover funds anticipated with
with this budget which it from 2023 totaled to kind of talk about what this fund
does and all the great work that they're doing good morning mayor vice mayor council
member Susie Santo visit witto 515 South Main it's a pleasure to be here today thank you so
so much Lindsay um and as we mark it our whole our whole mission is to bring more visitors here
and we look at three distinct groups of potential visitors that we Market to our Leisure visitors
they're going to come and spend the weekend Sports bringing sporting events and meetings and
conventions and I going to take a quick look and I've only got a few minutes but I'm going to
share a little bit about our Leisure campaign as you can see in your packet every dollar we
spent drove $88 back in direct spending we do this um by looking at our potential Drive Market
we are out there every day of the year on digital advertising social advertising and also in the
summer commercials so I thought I'd play for you our uh commercial we tested this before we've run
it it's been running this will be our third summer and it has been producing outstanding results so
let's take a look something happening in Witchita excitement movement A vibe a city that offers
amazing experiences delivered with heart from Arts to attractions nightlife to sports you feel
the energy at every turn a little fancy a little funky but always friendly come see the place
we love we think you'll love it too discover more at visit witch a.com so that's just an
example of one of the commercials we have out there playing and they'll start up again this
summer as we encourage those Leisure visitors to come in into Witchita um when we think about
our group Market that's meetings conventions and sporting events and this is a picture of a booth
that we have at one of our trade shows when our sales managers go and take over a 100 appointments
with they're meeting with Meeting Planners and um rights holders to hold sporting events and they
really develop that relationship and so much about what the team does is build relationships to be
able to bring events here and I have to give a shout out to Josh how on our team he's our vice
president of of Sports Development the entire team is awesome I should name them all but Josh
um again an outstanding relationship that he buil with us figure skating allowed us to have a really
exciting announcement that we made just a couple of weeks ago um and before I show that video
I I do want to thank our partners at Interest Bank Arena AJ beleski and his team amazing and
and SED County for keeping that facility always looking um outstanding and all of you up here
at city council and your commitment to the ice rink um and keeping those sheets of ice going
that played a vital role in us being able to host sporting uh host figure skating events
over the last several years we successfully hosted four of them now and that led to the
big one and let me play a quick video for you ahahahahahahahahah [Music] does that not get you pumped I am so excited and
we are so thrilled that to get to announce that figure skating chose witchata to host the prevan
US vure skating championships in Witchita first time ever in Kansas first time ever obviously
in Witchita coming next January um and this would not have been possible without tours and
business improvement district and the investment we have made over the last many years in
bringing Sports and groups and meetings and all of that but producing outstanding uh
events in the past has led us to this um we get to Showcase to not all the nation's best
athletes here in Witchita but it's um televised Prime Time NBC it's streamed on peacock so all
over the US they're going to be tuning in and seeing Witchita um and we put that on the map
so I hope all of you and everybody watching will put this on your calendar I'm going to
wrap up by just talking a little bit more about sports over the last several many years
with tbit as we've continued to invest build those relationships our Sports Market has just
been booming and I wanted to share just a little bit about what's happening in sports in Witchita
we started this year in January hosting again the US figure skating uh synchronized championships
and again do the success of Hosting that led to the big one with the Nationals um we were out
uh at striker actually we're out at striker today hosting the USA lacrosse women's Collegiate
Championship we'll have 32 teams in from across the country playing lacrosse out at Shield
Striker which is awesome we hope wrestling with the ni men's wrestling and D2 wrestling back
in February and March in June we'll be hosting uh pro softball for the month out at WSU so you
want to get out there also in June at Century 2 we're hosting USA boxing Junior Olympic we've
got um last year we up and I talked a lot about the president cup they're coming back we've got
over a hundred teams soccer teams from around the country coming in out to shill Striker for a week
that is a huge event and we're thrilled we'll be back out at Shield Striker again with soccer with
in NC Jaa and ni men's soccer championships this leads us to January we're hosting the big one
for us figure skating and let's not forget next march we are hosting the D1 Men's Basketball
Championships round one and two does that not sound like an exciting lineup so not only are
sporting events bringing those visitors and tens and millions of dollars in economic impact
but this is great for our residents something fun to do in your own backyard so I want to thank the
tbit advisory uh Council um for their work and uh helping us continue to I think produce great work
thank you and the council for supporting uh the tourism business improvement district so we're
able to bring visitors and guests and dollars into our community and introduce them to what an
incredible place this is we call home so thank you questions for staff or or visit witch council
member ho Heisel thank you mayor um just one real quick here it seems like we didn't do as well
as we had hoped in Springfield and Lincoln so we're cutting off the funding there are we going
to reinvest that and increase um advertising in other places or is that savings that we can spend
in another area we are thank you so much for the question you know we tested last year three new
Mark Springfield Lincoln and Omaha and I'll tell you Springfield did not produce so we found that
Springfield had absolutely no lift so we tested it didn't work we're not investing again Lincoln
we found it it wasn't worth the the opportunity and what it returned same thing so we've actually
taken dollars and moved more into Omaha so you're going to see a bigger presence in Omaha thank you
thank you vice mayor Ballard sorry thank you mayor I just want to thank you for being here this is
super awesome and I don't remember in a really long time when we've had this much cool stuff
coming and I'm a big sports fan so um I know that's not everybody's cup of tea but I know you
work really hard to find something for everybody so uh super appreciate all of your hard work and
thanks for being here thank you so much and I just have to give a shout out to the team I get to
stand before all of you but we've got incredible individuals back in the office working every day
to do this so thank you so much we'll tell them thank you too uh couple questions from my end so
that $4.1 million in Revenue you expected for25 um I see that 2.36 will be for leisure marketing
and then 750,000 for group can you talk about how that is um divied up when it comes to sports uh
where does that fall does that just fall under Leisure or does that also fall under group yeah
a couple of things um when you look at leisure Leisure is what we showed the commercials the
digital and that's on our Drive Market because we know the vast majority they're coming and
spending the night that are coming for leisure are in that drive market so that is what you see
out hitting everybody we call that Leisure the group Market uh and the sports that's going to be
our meetings conventions those are our trade shows all of that comes out of there and then you also
see the Strategic event funds um those are those dollars that we put away for future events that
are coming into town and that's the bulk of those really go to the meetings and conventions but
the bulk of those go to sports the question the follow-up question to that is does it look
like because Leisure we spend 2.36 million and the economic impact is about 180 million
versus the smaller amount which is 750,000 for group that may generate economic impact of 100
or 16 million is there any strategy to continue putting more or reallocating some towards U more
of that sports that we can see is really exciting and can really make Wich maybe a sports Capital
well you know and I will tell you amongst our peers and amongst the trade shows we witcha is
becoming that sports city and so we have again that's back to Josh and his team that we have
built that that um reputation so we're constantly looking at the balance between how much we need
to spend and we start on that and we're actually I project even coming down a little bit on that
Leisure to open it up the good news is on that strategic event fund we have the dollars there
if need be for those future events and we also with the council have the ability to go back if
we feel like we're missing something but right now we feel like this is the right balance for
where we are in the market both from a Leisure and a group perspective counil member Glock um
first off the ROI is just I mean incredible 88 for a dollar and I love the goal of hundred for a
dollar I think that's a fine objective um I have a quick question regarding group performance
because we lump in Sports and Convention and group performance and the total Roi for that is
25 to1 yes and goal is 20 to one is that correct I think so yeah that was 2023 results and 2025
group performance measurements out of that have we separated Sports Roi vers convention Roi
you know what we I don't really necessarily look at that I look at the group we sure can and
I can follow back up with you but I tend to look at it holistically I just don't know if we had
that information if the sports uh component had a better return on investment than the convention
side I would probably believe it would but I didn't know if we had that and there's no need
to yeah I don't we don't look at that right okay sounds good thank you council member Johnson
thanks mayor thank you for the presentation uh I just wanted to throw my pitch out there
can we go after the NFL draft would that not be awesome it would be we'll put that on our
list thank you very much and again just as a reminder can you uh just reiterate that this is
really generated the the revenue is generated when we have more people coming to wiah if they
sleep in our hotel rooms that's how we get this Revenue that's exactly right visitors generate
the fund that we use to produce more visitors this all comes through uh the hotels and if we
don't collect it we don't spend it thank you very much Susie thank you I see no further questions
from staff we will now open it up for public comment I see no public comment we'll bring it
back to the bench council member Tuttle thank you thank you Lindsay for your presentation and thank
you also Susie for your presentation um Susie and I have a chance to work together significantly
because of the shield Striker multisports complex and I always appreciate everything that you and
your team do and you're always very generous to thank your team but every team needs a good
leader so thank you for being that good leader um I also want to just have a little competition here
because I see the goal for 2025 is 180 million and I know when we did our last ap6 that Arts has 189
million economic impact in 2023 so let's see what we can do here um no but seriously also when we
met last week you gave me this handout and I was reviewing it in prep preparation for the meeting
there's 22 different sporting events in 2024 alone and I was trying to count up the potential number
of nights and just kind of gave up but um as we mentioned that's how we get the revenue right so
um and all of these are Regional National events that are bringing people to our great City
who are not only just spending the night in a hotel but they're eating and hopefully they're
shopping and they're visiting other attractions such as arts and culture and and hopefully just
getting a love for Witchita like we we all have and then finally um the spring summer 2024 visual
visitors guide is out that you produce and this is a fantastic document um I think that I know a lot
about witcha but I even learned some things that I want to put on my to-do list for this summer so
thank you for producing this as well but most of all just thank you for all you do Susie and visit
which appreciated is there a motion to approve mayor with a motion to approve the tourism
business improvement district 2025 scope of services and budget second motion a second
discussion none all those in favor say I I I all those oppos same sign motion passes 70 Madam clerk
please call the next item lowi income housing tax credit fee waiver incentive again mayor and
council members Tim good past the City manager's office of development services the next item
before you is a request for low-income housing tax credit fee waiver incentive according to the
office of policy development and research at the Department of Housing and Urban Development
or HUD the low-income housing tax credit or litech program is the most important resource
for creating affordable housing in the United States the lch program in Kansas is administered
by the Kansas Housing Resource Corporation khrc has two levels of programs a 9% tax credit and
a 4% tax credit the 9% tax credits are for new construction and Rehabilitation of competitive
tax credit projects and typically can deliver up to a 70% subsidy the 4% credits are for
projects utilizing at least 50% in federally tax exempt Bond financing and can deliver up to
30% tax subsidy the state of Kansas is currently matching the federal Awards dollar for dollars
which bumps the 9% projects to an 85% subsidy and 4% projects to a 50% subsidy which makes both of
the programs extraordinarily competitive to Mayor to your question you asked me earlier how many
projects were awarded 9% uh projects over the last seven years I had stated seven it's actually Four
that were awarded in the city of Witchita over the last seven years that were awarded 9% credits
last year five were submitted from Witchita and none scored high enough to receive an award those
projects indicated that they did not score well in the other support category which is a specific
category in the application the other support category can receive points for the following
land donation from local government historic tax uh historic Rehabilitation tax credits a sales
tax exemption and a fee waiver based upon the unit size the number of units in the project the
projects can be awarded five points or 10 points based upon the dollar amount of the fee waivers
on the schedule you can see on this slide so we're going to take an example of a 36 unit project
that is approximately $4 million investment and the reason we selected 36 units is that over
the last seven years of those projects that have been applying to the state the average has been
36 units with an investment of approximately 14 million that includes uh a a scale of 9 and a
half to an 11 A5 million in construction costs in terms of the investment therefore extrapolating
from that uh construction cost the building and construction fees are somewhere between 41,000
and approximately 48,000 uh for those projects Metropolitan counties can only receive up
to 4 four Awards so in this scenario if the city of Witchita were to receive four Awards the
maximum total fee waiver would be approximately $190,000 also if four awards were given to the
city of Witchita with an average of 36 units and again that range of investment we would be
seeing 144 new affordable housing units valued at $56 million in terms of the investment in
those projects 9% tax credit projects are only awarded once a year May 10th is the deadline for
2024 uh the fee waiver that we are requesting the incentive for the 9% projects is only for the
current applicants for the 2024 process therefore it is staff's recommendation that the city council
approve a fee waiver incentive for projects awarded 9% lowincome housing tax credits in the
2024 application process and I would be happy to stand for any questions questions questions for
staff starting with council member Tuttle thank you Tim thank you for the presentation this is
certainly not my area of content expertise so I'm I'm certainly trying to learn um something
that's vitally important as we're all trying to address affordable housing and our homelessness
issue and our community um and we have to be more competitive because other communities are facing
the same and are also going to be seeking these right so what I heard you say is that other
support is the category that we we need to bolster up so that we can be more competitive
is that correct that is correct and and just for someone who's I would say a novice in this
area like myself or other people in the community who may be here or watching or listening later
explain just really you know neighbor at your mailbox kind of conversation how this will help
with the other support category so that we can be more competitive so as as Troy said earlier and
and we've alluded to Here by approving the fee waivers projects can gain an additional five or 10
points depending upon the level of fees that are involved in the project uh again these are only
for the projects that are applying now uh and just because they this if if the fee waver incentive is
approved doesn't mean it's nor necessarily granted they would have to receive the tax credits in
order to receive the fee waiver incentive okay thank you then my next question just a followup
is this is one strategy to help us stronger in the other support category correct that is correct are
there other strategies that we're looking at so that we can continue to be more competitive there
aren't today though uh with the city uh with the state of Kansas rather matching the federal
tax credits uh we have seen a huge interest in low-income housing tax credit projects and uh
it is certainly something that we in housing are talking about how can we find ways to be more
competitive and support programs like this so that we can see more affordable housing projects
in the city of wiah okay great you do great work and our our Department of Housing and Community
Services does amazing work so I'm confident that you'll be able to collaborate together to help us
be more successful in the future thank you council member Glascock yeah a few questions we're doing
this for the 9% not the 4% because the 9% is due in three days that's correct so all the applicants
how many do we have submitted right now from the city wi so my understanding is that there are
six projects in the city of Witchita that that are applying for 9% tax credits so this would go
to all six of those units just for 2024 as kind of a pilot to see if this helps it would go to a
maximum of four communities can only be awarded a maximum of four projects so if we were to if
all six were approved we could only we could only provide this for four of them and the how would we
make that determination well I think honestly the there's there's probably three or four of them
that are are probably the strongest cont Enders based upon what we know about what their points
are um a couple of weeks ago you all approved a sales tax exemption for a couple of projects you
approved another one today uh that makes some of those the strongest ones in the city of wiah
so what are the strongest projects right now so there is one that is down at 55th Street South and
Broadway uh there's 22 North Market and the third one I'm going to draw a blank on off the top of
my head so this doesn't have a negative effect on mbc's budget just because if we're reward the
projects they're projects that are likely not going to happen unless they're awarded the the tax
credit tax so it could have an impact obviously up to if we were looking at the the dollar amounts
that we're looking at it could be if we had four projects awarded it could have an impact on mabcd
not being able to receive the 190,000 uh the odds are realistically it's something less than that
based upon what projects are are approved by uh Kansas Housing Resource Corporation for the 9%
credits and what's the the most that we've ever been awarded in one year you said there's been
seven in the past five years there's been four in the past seven years in wiah so it's been a
pretty low number okay fantastic and so this will retroactively um wave the fees for the projects
that are currently in application correct thank you council member hois thank you mayor uh have
any of those fees been paid yet no okay now this is um so this is essentially just a a break for
the next couple of days till we get the people into the the 9% application correct and this
would only have an impact in all likelihood in next year's budget because most of these projects
even if they get awarded they will get awarded in July most of them won't get started because they
don't have full architectural plans and all that they wouldn't likely happen until next year Okay
so remind me again next fall would be the next time the 9% litech credits will be up for so next
May will be the next yeah a year from now would be the next round of 9% credits is this going to
impact any of the plans between now and then if they say hey we applied for it in October of 2024
when this program was still verified by us here today is that going to have any impact in 2025 in
any applications no we'd have to come back to you and request another round of fee waver incentive
if we were going to look at something in 25 okay um just one little kind of off-the-wall question
how how often are the 4% tax credits reviewed those are given out I believe twice a year twice
a year yeah when's the next round of that the next round of that I want to say is July I think
is the next round of 4% tax credits is there anything how often are witch projects
approved for the 4% so over the last several years um we've had six or seven projects
but with the state of Kansas matching the federal tax credits um that has driven more interest in
affordable housing projects so we're seeing more people looking at them than we have in the past
uh I've been with the city over 13 years and in the first eight or nine of those we did maybe
a handful of projects at best and we've seen probably eight or 10 in the last few years okay
is there anything we're looking at to help that process along or do we feel pretty good about
where we are with that one yeah we're working with housing uh just given the interest that
we've seen we were working with Housing and Community Services to see what ways we can partner
up and making sure that we're uh making developers aware of all of the uh programs that Housing and
Community Services has in addition to what the state has in terms of the low income housing tax
credit programs okay I appreciate it thanks yep vice mayor Ballard thank you mayor uh Tim I
just want to make sure that I understand so this is basically a tool in the toolbx that we
can offer to encourage someone maybe to do one of these projects or apply but if their project
doesn't get selected it's over I mean it didn't cost us anything or we not that so it's just
to encourage an incentive um for people to um apply for the yeah normally when I'm coming to
you with projects it's a project that's going to occur in this scenario with this fee waver
incentive program we're helping them with their application to score better by offering this so
there's no guarantee that any of these projects will be selected by khrc sure okay great thanks
council member Glasco one L the last question so out of the applicants from Witchita that apply
for lch credits how many of them have continued a project if they didn't receive the credits
I don't think any of the projects would move forward if they don't receive the tax credits
because they're just not financially viable okay thank you Tim I have several questions for
you okay um of the four that have received litech credit over the last seven years can you tell
us who those four are I cannot tell you off the top of my head who those are um I think uh in
terms of some of the 9% versus 4% I don't know that I could break that out there's a developer
out of Denver Colorado called steel properties that has applied I believe typically for the
4% tax credits they're on their fifth project in Witchita over the last six or seven years um
uh I I I couldn't tell you the other ones off the top of my head the reason why I asked that
question is obviously they received it so they got past the hurdle I wanted to see what you have
learned from them in regards to how they got over um that hurdle of actually receiving litech credit
because as of last year we had a total of five who submitted from our area and zero got awarded
correct so I wanted to see what lessons have been learned in order for us to now hopefully be
competitive enough so that we can max out and get the four that we can maximum have yeah and that's
where what we've learned from them is this other support category in the application is the area
that uh Kansas Housing Resource Corporation has told those projects that they did not score well
because we didn't have a fee waiver agreement they may not have gotten a sales tax exemption and
so we're looking at those things to try to do what we can uh in advance of their applications
being in to make sure that we are doing what we can to give them the maximum points and can you
uh go over the applic a process in regards to the number of points so you can get up to 20 points
if you get a sales tax exemption and a property tax exemption and this would be a maximum point
of 10 points um if we do this fee waiver so what are other point systems that you get applications
there are a variety of things these applications are pretty massive applications in terms of what
they put in and they get graded on the uh how affordable they are what the target market is in
terms of the area median income we were talking about 212 North Market and that they've broken it
up into tiers where they have 30% of area median income 40% of area median income and then 60% of
area median income being the maximum income that they would accept in terms of the tenants in
their facilities so the more affordable they are the the the better they score there's a
huge range of things that that that they get scored on I believe there's a total of 100 points
that they can get up to based upon the various categories I would like to follow up on the four
that I've received over the last seven years sure I will send it once you send it to me I'll send
it to the council too thank you we will close the bench portion for this moment and give it uh
to the public any questions from the public I see none we'll bring it back to the bench any further
questions from the bench May mayor I will say I I'm speculating and we will get confirmation but
I'm going to guess that at least some of the four were projects that Council had approved sales tax
and property tax abatement for so they received the scores in this category many projects however
do not want to go forward with sales tax property tax abatement and that's why the fee waivers
are coming forward but we'll get confirmation of that council member Glascock yeah I just want
to thank staff for being Innovative for this and especially it's a 2024 application let's see if
it works doesn't work don't do we don't do it in 2025 so I appreciate of you guys thinking
a way to expand and make us more competitive state is there a motion to approve with a motion mayor um I move
that we approve a fee waer incentive projects awarded the 99% low income housing
tax credit in the 2024 application process second motion and a second any
further discussion I see none all those in favor say I I I all those oppos
sign motion passes 7 Madame clerk please call the next item Westlink Branch Library
automated Material Handling system contract good morning everyone I'm Jamie Nicks with the
witch Public Library here to talk with you about some further progress with our wesling Branch
project um you all authorized um the funds for the expansion in December of 2023 and then we also um
brought forward an with the witcho public library Foundation to be able to work in Partnership um
for them to do a capital campaign for $2 million to provide a margin of Excellence for both west
or actually all of wesling Rockwell Angelo and Alford um we know that the West Witchita readers
are just voracious um they were circulating um 43% of our Branch circulation before we um began the
remodel project and as such we're really looking for some opportunities to improve workflows um
and provide staff more capacity in direct Public Service rather than Material Handling um as part
of this too we were able to use innovation funds to transition our entire million items in
our physical collection to RFID and so um as a result of this project we'll be able to even
um move materials faster so our Advanced learning library has an automated Material Handling system
if you have been there you've seen it as you walk in the door um this has really proved to be an
incredible staff timesaver um as it checks in sorts and kind of does the prep work for our staff
who then are returning materials to the shelves um our foundation's Capital campaign includes the
funds for this automated Material Handling system and so this would be leveraging thatou um for
us to be able to integrate it into the project we've worked with our architect and
Tech logic who is the provider of the technology at the advanced learning library
and keeping with that ensures that we have um continuity of service and um maintenance
so um there's a city code that allowed us to um kind of build out our existing amh
system with tech logic our LW departments approved and signed the contract and the
amount that the foundation would pay is 281,000 be really strategic about how we're
navigating square footage um this will just really improve our return to the shelf
of materials okay Caster council member Johnston Jamie thank you very much presentation
did a great job uh just like to point out that uh West witcha appears to read a lot yeah
because uh it's up to 43% of all branches are checked out the w library so thank you
for the good work work and obviously it's much needed there yeah we're excited to expand
the physical um material collection as well as technology there to be able to support thank you
any further questions for staff I see none other than I do want to ask you Jamie when will
construction be completed the LA well we're in the throws of it and I would be happy once
a little bit more significant um construction has completed to give you all tours um we're
looking at the December January um of this year so thanks we open it up for public comment I see none bring it back to the bench any
further questions or comments the Westlink resides in council member Johnston's District would you
like to motion I would probably like the motion I'd like to make a motion to approve the tech
logic contract to purchase automated Material Handling system for the West link braner library
and authorize and necessary signatures second motion and a second any further questions see
none all those in favor say I I all those opposing sign motion passes 70 Madam clerk please call the
next item property and evidence fire suppression good morning mayor and uh Council uh this I'm
captain Casey Slaughter with witd property crimes and Technical Services those are the two
sections I am in charge of uh WPD uses space in the rounds and Porter building directly to our
West for property and evidence uh the Police lab digital forensics and Laton prints on March
16th 2021 city council approved a $ 1.25 million um fund uh in the general Bond Bond funding for
fire suppression the plan fire suppression at that point uh was mostly for dry chemical and some
water uh for fire suppression uh p& stores uh sensitive materials that are obviously susceptible
to water damage so this was uh obviously changed and I'll talk about that in a minute the pro
project includes fire Life Safety uh electrical system improvements and fire suppression
installation uh the there are three floors in p& this is going to cover floors one and two
uh for the fire suppression and suppression was planned originally for 2021 as I mentioned earlier
but the pandemic significantly changed and altered that timeline and so the cost increases from the
original 1.25 million to the estimated 2 million are because of the inflationary pressures since
that point and then the original budget uh with some water has now changed to all dry chemical
and that's based on our auditor as well and the recommendations there so some of the financial
considerations uh on this are uh the uh Public Works has received estimates between 1.7 and
$2.1 million from uh outside vendors and in the 2024 to 2023 2033 adopted CIP this
includes an additional 750,000 in general obligation bonds for fire suppression within
the ongoing projects uh port and that brings the total to $2 million so our recommendation
is the city council approve the project adopt the amending bonding resolution and authorize
the necessary signatures and I'll stand for questions questions for staff starting
with councelor Bri glas thank you Captain Slaughter for being here first question do we
not have anything now there's currently no fire suppression uh whatsoever other than we have
some fire extinguishers in there so this is a project long overdue um and then you said floors
one and two one and two why not three so three uh it's been determined by an outside architect
and Public Works can speak to this as well uh that three is not necessary at this point uh the
auditor has apparently agreed as well in my side conversations with Public Works that floor three
is not necessary at this time okay I'll trust them thank you any other questions for staff I see
none we'll open it up for public comment any question questions or comments from the com from
the public I see none we'll bring it back to the bench this resides in vice mayor Ballard's District thank you mayor um thank you for coming
to share all the information with you I was hoping I was going to have about 40 questions for you but
you did a great job so I don't have any but thanks for being here um I move to it is recommended
that the city council approve the project adopt the amending bonding resolution and authorize
the necessary signatures second motion and a second any further comments see none all those in
favor say I I I all those opposed same sign motion passes 70 Madam clerk please call the next item
loan agreement for the witto Waterworks project good morning mayor and council members Gary Jansen
Public Works and utilities uh the item before you this morning is Project Finance project financing
for which to Water Works and specifically request for approval of the fourth and final srf loan
agreement uh just some quick background on a few things uh as you know our water treatment
facility which Water Works is nearing completion of construction we will have an annual update
on Wednesday hopefully you all can make that you hear more about it um and as such we're trying
to wrap up things is on the final installment of the srf loan project financing overall wiffy
is providing wiy loans providing 49% srf is 47% I'll show you a breakdown of that in a moment
with the balance being in water utility cash and revenue bonds the wiffy of credit agreement which
was approved by the city council in April of 2020 provides almost $281 million in loan funding plus
capitalized interest interest the srf financing is provided in a series of loans which I'll
show some details in a second it's a different interest rates for each loan all all other terms
are the same the aggregate total including the capitalized interest is just over $267 million UTI
utilization of this funding results in a estimated Savings of $83 million compared to traditional
revenue bonds I won't spend a lot of time on this uh but the city council first approved
the first loan installment loan number one in November of 2020 since that time there's been
two others obviously we're here today for the fourth and final loan agreement uh you can see
that the interest rates are very favorable for srf uh is providing the best financing that we've
we've been able to identify for both this project and BNR the estimated savings for each uh loan is
shown at the bottom resulting in that $83 million the insurance cost for a loan forward as part
of the item for today a request to move forward with that payment which needs to be made by the
17th so we can move forward and close this loan the estimated savings overall for WTO Waterworks
with wifia was $97 million I mentioned it's 83 million for srf for a total estimated Savings
of $180 million overall for the financing of the entire project compared to traditional
revenue bonds the savings are estimated in comparison again to traditional revenue bonds and
these are estimates that we received from both EPA uh and uh through the F through the state
and local government series uh rate table for srf the rates will not be impacted you've seen
this before it should look uh familiar to you on the water side the annual debt payments
estimated by kdh year in line with those previous estimates there would be no changes to
the projected future rate adjustment ments uh that's been shared with the council since 2019
as a result of this loan staff recommends city council approved the loan agreement authorize
the required insurance payment to be paid out of the Water Utility Fund operating budget and
authorize the necessary signatures and I'd be happy to stand for any questions questions for
staff starting with vice mayor Ballard thank you mayor uh thanks Gary uh can you explain srf
uh srf is a state revolving Loan Fund available through kdhe and it's Federal money that comes
down through uh kdh but we've been able to use that to fund almost half of each of our major
projects which do Water Works and BNR uh and what it does again the interest rates are are
the most competitive they're generally about 60% of market rate so balancing that with
wifia and and a small amount of traditional financing is is what's allowed us to smooth the
rates out over period time which was previously discussed with Council and provide um again
the best overall financing at the best cost for the rate payers to have the least amount
of impact on the rates themselves okay awesome thanks I just want to make sure everybody knows
what the acronym stands for because sometimes they can be a lot yes thank you and I should
have mentioned appreciate that thank you so much any further questions for staff thank you
Gary we'll open it up for public comment any comments or questions from the public I see none
we'll bring it back to the bench council member Johnson thanks mayor um Gary I don't I don't
know if you still have that but I think when this comes up next year if you have that price
or great chart from when we first got the um srf that would be helpful I don't hear a lot of
questions about it but when folks talk about the increase in water rates when we do that and
I highlight without these we would have been at 12 to 15% instead of the five but I think it
would just be helpful next time if that was in the presentation just to point it out I
think that's a great idea and we'll we'll do that believe this resides bance thank thank you I move that the city council approve the srf
loan agreement authorized the required insurance payment to be paid out of the Water Utility Fund
operating budget and authorize the necessary signatures second motion and a second any further
comments I see none all those in favor say I I I all those opposed same sign motion passes
70 Madame clerk call the second construction agreement for biological nutrient removal plant 2
package 3 structure and ultraviolent disinfection improvements good morning mayor city council Don
Henry Public Works and utilities item before you at the moment um would approve a construction
a contract for construction services for plant two package three under the uh City's biological
nutrient Reduction Program um just a little bit of background here the main the primary driver
for this project are emerging um requirements for nutrient reduction on the plant to um discharge
into the Aransas River um we're required to be compliant for reduction in um phosphorus and
nitrogen by January 1 of 20128 this also provides opportunities to address needed Odor Control
Pro improvements at both plant one and plant two which will greatly in improve conditions
within the neighborhood around those facilities uh this also allows us to renew and Rehab aging
and failing assets and then where it's feasible configure the project in such a way that we can
accommodate future growth capacity as well as other um emerging um permanent conditions uh the
table in front of you here lays out the individual packages uh for the program and the two columns
on the right show the timeline including uh the date of uh Council authorization for each package
and then the target completion date I think the the important thing to see here is that we're
still on on target with each individual package uh to finish in time for permanent compliance
uh the packages include Engineering Services for both design and the owner's representative
then improvements to uh plant one six individual packages for plant two and then a package that
will rehab the cowskin Force main this is a a force main line that delivers um influent from
the Western portion of the Basin to plant to today's item is package three and it includes
the um biological nutrient removal treatment works for the nitrogen and phosphorus as I
mentioned this is kind of the heart and soul of the project um it's a really a uh you can't
describe uh what this is going to look like it's a massive structure that's larger than a football
field multiple Chambers a total depth of about 20 ft and it includes a state-of-the-art hydrocyclone
sledge separation fa facility to ensure the best environment for the favorable bacteria to grow in
that provides the treatment that we need to knock the nutrients down uh we'll also modify existing
basins provide additional um zones for treatment and um this will all work together to um to to
get the proper levels of phosphorus and nitrogen that we need in the effluent this ALS this pack
is also includes improvements to the disinfection system which uses Ultraviolet light to make sure
there are no actively growing bacteria in the affluent before it's discharged into the river
there are portions of s um sensitive equipment that are below the base flood elevation so we'll
need to raise that up and then we're also adding additional capacity for redundancy and for future
growth the base bid package was very favorable and this allowed us to include some bid alternates
including replacement of the final clarifier scum pumps and piping as well as replacement
of some severe deteriorated asphalt on the plant and then much needed improvements
to the failing hbag system in the admin building we uh utilized a value based approach
to um procurement uh for this package and it was a a competitive seal proposal which uses
a combination of fee and most qualified um firm uh 80% of the consideration was
for the fee and then the remaining 20% was based upon the proposers experience on
similar projects uh their staff capacity experience local participation of businesses
and then Ebe and dbe participation the selection process followed administrative regulations in
the standard procurement process um two firms were uh interviewed by the staff screening and
selection committee Garney Construction and Don linger Wildcat biological nutrient reduction
um BP P3 LLC uh both were interviewed by the steering committee and Don linger Wildcat being
rbp3 LLC was selected as the most uh qualified firm uh Financial considerations include the
proposed base fee for construction of 144 m126009 m58 7,000 funding is available in the BNR
program budget as approved by Council and amended on March 5th 2024 I UMD like to recommend that
city council approve the contract for BNR package 3 construction and authorize the necessary
signatures and I'll stand for any questions that you have questions for staff beginning
with council member hois thank you mayor um I appreciate your work on this Don this has been a a
huge project the second largest one in the city uh we're not here to talk about voter control today
even though I appreciate all the work work on that uh can you talk a little bit about how uh we're
configured for future requirements that may come down the pipeline um I know there's a lot of talk
now about forever chemicals and making sure that we're not putting those in the water supply but um
just in general just what ideas do we have how is it set up for future requirements and improvements
you bet so so what we're looking at is the type of technology that we're using for for f nutrient
reduction knowing that um in the future future uh there's there's a methodology called enhanc
enhanced nutrient reduction so there will be another step to knock nutrients down sometime in
the future 15 20 years out something like that so we wanted to make sure that we were using a a
technology that would D dovetail with that and then configure that in such a way that when that
has to be built that we limit our cost and then we're also looking at um at at growth right and
capacity uh so that when we uh increase our our our um permit the volume that that we're able to
accommodate that affordably um as far as the the forever chemicals that's down the line alwayss um
this process really wouldn't affect that treatment but it is something that we are looking at in
the future and are engaged with kdhe and taking a look at our effluent what that's looking like
and the conditions of the river and everything else yeah thank you bet any further questions
for staff I see none we'll open it up for public comment none we'll bring it back to the bench
this resides in council member hoisel district member T thank you um I just wanted to make two
quick comments I have the pleasure of serving on the BNR steering committee with council member
H Heisel and and Don I just want to thank you and your team and and council member H has kind
of beat me to it that this is the second largest project the city's ever seen and it's not as
visible necessarily or maybe as kind of fancy as the water treatment plant but equally is
important so thank you for all you and I know there's been some staff changes and different
things but from the loan process application all the way to where we are just incredible
work from you and your team and then I want to thank council member H Isel um I've learned
a lot from you about this process and serving on the steering committee with you and thank
you for just being a champion for something that is really important to not just the residents
in your District but the entire city so thank you just a as a reminder since we both had
a water and a BNR project in the last two items it's a reminder to community that the
city of Witchita is making big investments in infrastructure in water alone it's $494
million and in BNR it's $357 million so major Investments um again into infrastructure so
I will allow council member hoisel thank you mayor um and before that I would be remiss
if I didn't thank uh council member Tuttle for her hard work and securing the wfia
funding which is saving Witchita taxpayers a considerable amount of money over the uh
length of these two projects so thank you for that council member title um so I would like to
move that the city council approved the package three agreement with Don linger Wildcat
BNR pbo3 LLC and authorize the necessary signatures Motion in a second any
further comments I see none all those in favor say I I all those oppose
same sign motion passes 70 Madame clerk please call the next item adoption
of the national electrical code 2023 Edition good morning mayor council members
Chris labor metro area building and construction Department uh item before you today is just as
stated the adoption of the national electrical code it's the 2023 Edition with local amendments
so uh the NEC is article four within our unified building and trade code uh as stated this updates
the national code as well well as our local amendments to that code uh this is published by
the National Fire Protection Agency it's NFPA 70 uh it does nest and is designed to nest with the
International Code Council codes that we use we do have one uniform code which is the plumbing code
but electrical and plumbing really do not uh or are the two codes that really do not uh have a lot
of coordination involved uh our codes our trades codes specifically are revised every three years
we try to keep those updated with the national standards that's how of often those are released
in order to remain current with the industry and in this case we see so many technological changes
and advances between code Cycles we want to be able to stay up with that and allow that for
our local industry so the other codes that uh we coordinate with are listed here uh again the
remaining codes that uh we uh work with and to include the fire code uh the latest adoption of
uh the NEC was in September of 2020 uh that is currently the code that we are working under which
is the 2020 version with 27 local amendments this moves us to the 2023 with 20 local amendments
so we're happy to be able to reduce those uh one thing that we're uh very uh happy about
with that is it's an indicator that some of our amendments are being picked up in the National
code uh absolving the need for those so we're always uh glad to see that take place uh and uh of
course to streamline our requirements you will see as we get into some of the details that we have
two items that by the design of the NEC they are putting the accommodations for the code in place
but they are uh extending the requirement date for those uh we have actually even further extended
the required date in our Amendment and we've also given ourselves an option for exclusion with those
items and again I'll I'll explain that as we as we get into some specifics uh we also then have two
areas that we uh that we did exclude items from the national code that we'll explain so this was
presented uh last week at uh um the uh Board of excuse me County Commissioners for sedick County
uh at a public hearing so the public hearing is held on the county side uh we did have a handful
of members from the public attend that most of them were in Industry Representatives only one
individual spoke um he did speak in support of the code uh the county did not pass it unanimously
I want to point out so one commissioner was absent uh who had though voice support for the code one
commissioner did Express and does Express concern over two of the um amendments that we have were
actually a lack of amendment that we have in the code there two new items in the code that um he
was is remains concerned about so again we'll discuss those in detail at that point uh so the
vote I guess to sorry to finish my thought there the vote was 3 to one with the Commissioners who
were uh in place so uh though there was a great deal of discussion about those items in the end
the commissioner did not recommend to keep the public hearing open and did not recommend to defer
uh adoption of the code uh just indicated his lack of support for those two items uh the use of
this code of course uh is unincorporated SED County as well of the as the city of Witchita and
then also the 18 smaller cities that utilize us for support in their areas will at least in some
form use and adopt this code we also assist suar County and Butler County uh in a few areas so
they will also at least to some extent um be covered by this code uh since the last adoption in
our last few Cycles our contractors and Community have been very Cooperative with the code uh
it's been uh it it has worked very well so we've seen very good staff and Industry support
we have not had any safety or major management issues anything that has come up has been very
easily solved and again even though there is uh a fair amount of discussion with a few of these
items the amendments are actually very Rel uh very uh minimal uh for this code so it's it's a
relatively minimal change and Amendment uh that to ensure that we explain the process so this
was led by the board of electrical appeals uh staff obviously very involved with that uh but
we gave them oversight uh of the code review and adoption was coordinated with the industry
Association specifically the national electrical contractors Association and the Independent
Electrical Contractors both of those organizations also have training agencies and some sub agencies
that were involved in this of course both of our fire departments in the SED in SED County and
Witchita are key elements to that review as well as the electrical suppliers since a lot of
the code does cover equipment that is coming into the uh industry and then um we always coordinate
with the witch area Builders Association with our trades codes that all kind of depends on how much
is there and what the changes are you will see as we go into the Amendments here that the those
with any significance uh do impact the residential market so with that uh we'll get into those and
this uh the first one that we will explain and these are of course not all of the Amendments
but ones that we certainly wanted to see make sure that the public saw in the public forum
uh the first and this one did uh gain a great deal of discussion and is one of the ones that our
commissioner is concerned about uh but simply what this does is allows for a lower amperage circuit
breaker on certain items in the home uh as well as a reduced uh level of wiring for those so uh light
switches bathroom exhaust fans and gas uh gas fireplace for example very low amperage a very
low draw on power especially with LED technology that's in place now so the code is allowing
a reduction for those circuits only to go to a 10 amp circuit breaker and the item that
created some concern is that it also allows for an aluminum wire that is copper clad to be
in place based again on that low draw so there is some concern about what the safety of that
wire could be uh we know that those are being nationally tested Ted they will be released after
testing in the laboratory so the interesting part of this is that those uh products are not on
the market yet so staff's recommendation and the board's recommendation that we have stuck
with is we do not want to amend that out of the code at this point because that would prohibit us
from having a chance to use those uh we do know that we will still have more to come with this
we'll have to take a look at those as they come to Market if we have a concern at that point we
would then readdress that both in our inspection practices a as well as through the code if if that
became a requirements so we as staff do not see a safety issue or a safety concern with this again
we still have monitor monitoring to do but the code has accommodated this in in order to allow
those components to come to Market and we feel that we should support that and allow that to to
play out so to speak uh then another item which uh has not been controversial in the adoption at
all but that there was a great deal of discussion just to ensure that we did this correctly was
with h power on island countertops in homes so uh we did have a lot and I was very happy to see
how this went had a lot of discussion over a few different meetings with uh the builders and
actually uh Mr Nordic uh as as our main staff representative our chief electrician as well
as the Bea actually uh put language in that was a a little bit less restrictive than what the
builders initially recommended that that that they would support given what the C the code stated so
previously the code required electricity be put to a kitchen Island an island countertop and that was
to prohibit someone or to reduce someone doing the electricity in correctly later on and of course
causing a a great safety issue there so the new code no longer requires it's less restrictive
than in that it no longer requires power to be at the countertop but if power is at an island
countertop it is more restrictive in how it is there specifically that we are no longer allowing
Outlets Outlet receptacles on the outside of the countertop there were uh numerous it's listed
on the slide there were 9,700 plus accidents with children that were documented over the last
cycle of few cycles of the code where they have uh grabbed the that electrical cord that hangs
over the side of the counter and pulled a hot item off resulting in some level of injury so
the new stipulation of the code states that um again note an a receptacle would not be allowed
on the side of an island countertop or a peninsula countertop if it is on the countertop it has to be
a popup or there has to be a backsplash involved so that is against a back wall so that that
will regulate that change that um and then it also requires that the power must the countertop
must be available for power so in the case of a basement or a crawl space there's access to that
Peninsula so that power can be uh placed later uh in the case of a slab home there has to be a
Raceway uh conduit installed uh in the foundation which that's pretty common practice anyway uh the
only difference now is the it would be between the Builder and the consumer as to whether they
go ahead and put the wiring in or as to whether they just leave the conduit there so wiring
could be pulled later and then again it will be completely up to the Builder and the customer as
to whether they even want power at the island at all uh another one that now it comes in two
pieces but this one uh did uh create some of the concern and that is with surge protection
on buildings so to begin with this one addresses commercial buildings as a generally speaking
commercial buildings already have sech protection on associated with the building uh that has been
expanded in the 2023 code to include that area's uh any dwelling type area in a commercial
building so our multifam especially uh at the smaller multif family buildings are built to
a lot of residential standards so they're kind of a mix of commercial and residential so this
ensures that sech protection is Incorporated in any multif family apartment type uh bu building
it also protects the feeder areas that would be in going to a dorm area or where patient care
or anything like that is taking place where people are residing and sleeping so it expands a
little bit the requirements for surge protection on a building uh associated with with these
commercial living areas uh the second one and this is specifically what our commissioner uh did
has questioned and continues to question a great deal and that is also a requirement to provide
search protection for residential homes so in the last cycle this was in the code we looked at
it as as more of insurance or protection of the devices in the home the electronics in the home
and less of a life safety issue and therefore we amended it out of the code at in 2020 we were
not the only jurisdiction to do that uh the National Fire Protection Agency has informed
all of us who did that that was not their in intent they specifically released with their
commentary on this cycle that this is designed as a safety protection due to the number
of items such as fire alarms ground fault protection arc fault protection Etc that now
have circuit chips in them and a surge can damage that chip and damage the protection
or uh reduce the the protection provided by those devices so uh our board did a lot of
research a lot of background look in that because we do know that this adds an expense to
um the cost of a house that expense is relatively minimal in the grand scheme uh anywhere from about
$100 to $700 depending on the size of the house so we're seeing an average of 100 to$ 250 dollar
in added expense on the houses that are being built in the jurisdiction now we actually
have um our Builders and electricians are installing these on about a third of the houses
that are being constructed today as they see they see the same issue they see it as a safety
issue as well as a consumer protection issue if items are being damaged in the house so this
uh is not lightning protection or anything like that it will not it's not designed to protect
from a major event it's designed to protect if something creates an electrical surge into the
home that could again D damage not only your high dollar appliances but also your safety devices uh
based on on the cards Etc that are in those so in the end and after a great deal of discussion staff
did did and does recommend this enough of a safety item that it should remain in the code and I I
want to emphasize with all of these or each of these described that it is not something we are
putting in the code this is the National Standard and the national code we are electing to not um
amend those and but wanting to ensure since we have amend Ed these in the past um and then since
we are of course aware of that impact wanting to make sure that we fully explain those uh the last
one that we have on this is a little bit simpler uh something that's been coming for a while
and that's physical protection and agricultural buildings so this is of course mainly going to
be an issue in the county but uh where you've got anytime you have a building that is housing
livestock um a lot of problems with rodents uh chewing on the wires so those wires have to either
be sheathed so so they are protected from that or in a conduit again uh if if the wire is not
exposed if it's in a wall where it's uh not able to be accessed not able to be seen then it has
to be protected in order to uh avoid that level of damage uh and then a few uh last Provisions
to uh to point out um uh as far as as stated earlier those the provisions that we had removed
from the code so um in 2020 the code included requirements for field testing of ground fault and
Arc energy performance on commercial buildings we went we left that in the code at the time what we
found is that these are very expensive tests that have not yet revealed any issues uh their time
consuming they're expensive and there's also a requirement for the manufacturer to perform this
testing before those components are released so we see that as excessive at this point and we
do not see that as a safety concern so we are removing that field testing requirement only
from the code would still have to be tested prior to um purchase and installation but uh we
we will no longer require those tests of our in our commercial projects um one thing that we've
had in our local amendments for many years is a stipulation that uh in a new home uh when you
installed a your circuit panel you had to leave at least four extra spaces for future growth
it's a smart thing to do it's a safe thing to do we still recommend that everybody plans for
the future but um we do see that as we don't see any reason to continue regulating that uh most
people do that anyway and then again for the sake of ensuring that we're not overly burdensome
we won't tell you how many Extra Spaces to put in your house or how much to plan for the future
we'll just continue to recommend that you do uh the the last two it's been kind of interesting
to see the uh the code uh work with these the way they did and and there's a desire through
the national agency to put ground fault uh ground fault circuit Interruption protection in the
higher level circuits so your 250 volt circuits which are going to be your of course your air
conditioners uh in a commercial setting something like a welder or Machinery the these devices do
not work very well they continue to not work very well and we also do not see them providing a very
high level of prot protection so that is why the code is allowing them but not requiring them even
at the national level and uh and stating that they will begin requiring this in the next cycle so in
in one aspect we are maintaining that if someone wants to install these we have the criteria to
inspect them we'll allow that we won't prohibit it but we are not requiring it and we are also
stating that we will even if the code requires this next cycle we will not adopt that right away
we will wait at least a year to ensure that the newer products are have fixed the problems that we
see currently before we'll be willing to evaluate this for any potential or future adoption so
with all of that um we will of course gladly stand for questions I've got electrical Chief
Chris Nordic here with me uh again the public hearing was conducted at the bccc but we would
fully expect that of course like with with other items that we would accept any public comment here
and at the end of that is staff's recommendation that City Council Place the ordinance on
first reading and authorize the necessary signatures Chris questions for staff beginning
with Council thank you mayor um so who's going to look at potential changes if the uh the
low the low amp aluminum wiring does have issues is that going to include people from The
Building Trades as well yes yes sir it will so um our our Board of electrical appeals also has
electrical suppliers on that in context so we'll main we will maintain that contact as these
come to Market so that Mr Nordic is able to be involved in that okay so do we have any idea
when the when the the recommendations might come out from people looking at it now we we don't
at this point we're starting to see the circuit breakers themselves come out but we have not seen
anything on the wiring yet okay appreciate it council member Tuttle thank you thank you
Chris for your presentation and all the work on this and I was really glad to see
that you um engaged the electrical trade organizations to be involved just to clarify
because I heard about what happened with our friends at the county and and the one
thing that I didn't I don't know if I got um solved in my head is one commissioner had
a specific issue with Article 2 3.67 correct so the the group the electrical professionals who
reviewed these made recommendations worked with you what was their stance on that specific
article that it should remain in the code and actually those individuals we did meet
with that commissioner um a few different times and discussed that um and in in the end
we held our uh held held our recommendation um and and that's and went forward with the code
as as you've seen it here today thank you very much I see no further questions for staff
thank you we will open it up for public comment any com from the public we see we'll
bring it back to the bench is there a motion to approve I'll go ahead and make the recommendation
that the city council place on first reading the ordinance to amend article 4 section a article
4 section 1 and article 4 section 2 of the wiah Cedric County unified building and trade
code and authorize the necessary signatures second second and a second any further discussion
I see none we'll open it uh sorry uh we'll have a Voice vote all those in favor say I I I all those
oppose same sign motion passes 70 Madam clerk please call the next item z202 24-13 zone change
requests in the city from tf32 family residential district to be multif family residential district
to construct a multif family property generally located on the east side of North Lorraine
Avenue within 550 ft north of East 2 Street North good morning Scott wle from the planning
department here to present this item in this case as you heard the applicant is requesting to change
the zoning from tf32 family to be multifamily the item is being heard today for a couple of reasons
first because the district Advisory Board vote was tied and second because there was a protest that
was re received against the application I'll talk more about that later but it's uh important to
note that that was outside of the protest area in terms of the request the applicant has
indicated they're requesting a zone change so that they can build a multifamily building on the
site the site is currently vacant as you can see here it is generally located to the north and west
of Second Street in Hillside Avenue it consists of one parcel is Zone tf3 and is currently vacant uh
according to our records a house was last present on the site sometime around 1983 in terms of
context properties to the north and west are Zone of three and developed with single family homes
property to the South is Zone B and developed with an apartment complex which is also owned by
the applicant property to the east is zone go that green color and developed with a medical office
the staff report provides additional information about property development standards screening
landscaping and parking in terms of review on March 28th the Planning Commission held the
public hearing for this item they recommended approval 9 to zero so it was unanimous five
members of the public spoke in opposition to the request of zone change with concerns about
safety noise increased density increased traffic and possible damage to Brick streets during the
construction on April 1st the district the dab meeting uh considered dab considered this item and
had no recommendation they had a tied vote three to three several members of the public spoken
opposition with many of the same uh concerns as had been voiced at the Planning Commission meeting
one protest petition was received against the case and it was located outside the protest area
so therefore the protest did not exceed the 20% threshold in terms of recommendation it has
recommended the city council adopt the findings of the Planning Commission approve the requested
zone change place the ordinance on the first reading authorize the necessary signatures and
instruct the city clerk to publish the ordinance after approval on the second reading that would
require a simple majority of four of seven votes in terms of Alternatives you can override the
Planning Commission adopt alternative findings and deny the requested zone change that would
require five of seven votes or as always you can return the case to the Planning Commission
for additional consideration which would require a simple majority in terms of process just a
quick note the city council policiy that the public hearing or planning items occurs at the
Planning Commission meeting according to that policy city council does not typically receive
public comments on zoning items so with that I'll take you through some of the images and photos
so here's the site I identified in red here's the Zoning for the area as was described this
is from the comp plan showing new residentials recommended in the area here's a photo of the site
which is currently vacant there's an apartment building to the South which is owned by the same
owner this is looking to the north looking to the South across the street so with that I'll stand
for any questions questions for staff I see none open up we will not open no because this is
a planning item sorry we'll stay at the bench this resides in council member Johnson thank you
mayor um at the district Advisory Board we had four members who were not sworn in at that
time um and I would like to know an actual position from the district Advisory board so
I would like to defer this item until Tuesday May 14th and send it back to the district
Advisory Board which will be meeting Monday May 13th second Motion in a second any further
comments I see none all those in favor say I I I all those opposed same sign motion passes
70 Madam clerk please call the next approval of travel for council member Tuttle
to attend the community leaders of America conference in Colorado
Springs Colorado May 15 through 17th question of council member
title and I'm sorry I'm trying to push request to speak and it won't work so
I I apologize for that but I just wanted to make the comment that I've been invited
to attend the community leaders of America their guest and there will be no
expense to the city of wichon thank you a motion to approve that travel second
motion and a second any further comments I see none all those in favor say I I I all
those o opposed same sign motion passes 70 oh uh Madam clerk please call the next item
council member appointments and comments we start with appointments any sorry the
system's not working council member hoisel thank you mayor um I would like to appoint Jack
silver to the affordable housing revieww board and Kurt Oswalt to the library board
council member Johnson thanks mayor I would like to appoint Andre and bule Jr to the
cultural funding committee Emily Taylor to the historical preservation board and reappoint John
Williams Bay to mapc and bza council member tutle thank you I would like to appoint Alicia
Sanchez to the airport Advisory board thank you no further board appointments I move
to approve the board appointments second Motion in a second any further discussion
you see none all those in favor say I I all those opposing sign motion passes 70 it
is now time for council member common beginning with council member Glascock thank you mayor
um today during public agenda I did not extend public comment as I have done for the past five
meetings but I would like um to direct staff to draft an ordinance that would codify that um so it
doesn't have to be done every single meeting uh to extend public comment to a period of 30 minutes
if we have open spots so let's say there's five people there only speak two minutes there's still
open spots so public comment to extending a period of 30 minutes with a time limit of five minutes
per person so someone shows up and they don't have prepared remarks they want to give remarks
I think they should be given the opportunity to do so so instead of making a motion every single
meeting I would like to codify That Into You vice mayor Ballard thank you mayor I would just just
invite everyone to come out on Friday to the new um Fitness Court park at 25th in Wellington Place
we're doing a ribbon cutting on Friday at 1 p.m. and it is so cool if you haven't seen it you need
to come check it out if you can't make it Friday highly recommend stopping by council member hoisel
thank you mayor um I just want to invite everybody out this Saturday at Lincoln Park we are going to
have the second annual neighborfest from 9:00 to 11:00 uh free pancakes uh breakfast you know how
we do it down in the Third District always had the best food um and then also uh tours of the
um firefighter museum that's out there too so please come on down it's going to be a good
uh gathering with uh some of the locals and always a good time to to meet with people that
9:00 to 11 o' thank you council member Johnson thanks mayor I think District 3 gets the food
good because it's the folks from district one to come down and cook I just wanted to uh shout
out everybody that participated in the prairie fire um Marathon my colleagues peer pressured me
into to running and I actually made it and lived through it so I'm was happy about that but it
was a good experience love to see everybody out there having a good time I did get passed by 266
people so I am definitely out of shape vice mayor Ballard sorry uh I just wanted to say thanks to
everybody that came out to um open streets noar unfortunately I was not able to attend but
um speaking from social media it looked like everybody had an incredible time so I appreciate
staff and all of our partners that made it happen further comments um I will just
remind folks to please mark it on your calendars Sunday October 13th is the next open
streets um ICT in on Douglas Street as well as the prairie fire Marathon so October 13th is
the next opportunity and again thank you for everyone including um council member Glascock
who did the half marathon and council member Johnson and I who did the 5K along with Norma
from our office so um really would appreciate if people would either participate or come and
cheer uh your community members who are part of the running Community thank you again I will
move that we adjourn this meeting second Motion in a second any further comments I see none all
those in favor say I I all those oppose same sign I okay motion passess 61 council member
Johnson would like to stay behind thank you