and thanks for joining us for agenda  review February 28th one day before   the start of another new month um  we will start by doing the pledge of allegiance Al to the flag of the United  States of America and to the Republic   for which it stands one nation under God  indivisible with liberty and justice for all thank you all for joining city manager leighton's  not here so assistant city manager Troy Anderson   is taking over today thank you mayor um page  one we have a couple of proclamations and a   couple of speakers for public agenda uh page two  new business item number one this is a financial   advisory Services contract uh City St went out RFP  uh contract that was selected is Piper Sandler um   which has been our financial advisor service in  the past um and so this will be a new contract   with them uh item number two this is the lease  and operating agreement for uh the Mac this is   the lease and operating with Mac board Inc um in  fact it just kind of hit your desk this morning   so that should have all been distributed to you  all um after you get a chance to read through it   if you have any questions let us know excuse me  item number three um this is a followup to the   parking conversation downtown this is this is just  a resolution to set the public hearing so whenever   we do a c community improvement district it's sort  of a two-part um we have to have a resolution that   sets the public hearing so we did receive the  cad petition from the property owners within   Oldtown um we we have validated the petition  and so that's why this is on the agenda this   is again just the resolution that asss the public  hearing the public hearing will occur April 1 but   again we'll be more than happy to answer any  questions you might have on that uh what was   the percentage of properties that signed on to  that so 77 to 79 I say that in the context of   there's two measures uh there's a measure based  on sort of square foot acreage and then there's   a measure based on value and so between those  two measures one was 77 I believe one was 79   so about 78% of the owner so it exceeds the 55%  threshold under state law but does not meet the   100% threshold under local policy so obviously  if this is something the city council wants to   approve they'll have to sort of wave local policy  as well I'd like to know when was the last time   that uh we ex we made an exception to the rule of  instead of 100% uh this would be obviously under   that threshold but it's still above the state  threshold I'd like to know how many times this   has been an exception and if so which which times  yeah we'll do some research and see if we can find   something one last question if we refuse to set  the public hearing for this let's say this fails   then the parking agreement as implemented in the  downtown core would automatically be implemented   in Old Town correct yeah so I might defer to  law but for all intents and purposes if we don't   set the public hearing then you can never really  entertain approval of the C and it would just die   and alcohol sales are still Exempted from this one  currently we're working that out with the state   possible that's correct any as the statute stands  today the sales tax on top of alcohol liquor sales   does not qualify under a community improvement  district so yes so if the state amends their   policy later on do we have to come back and amend  our policy or does it get rolled right in it would   depend on how the the state writes it State writes  it okay so yeah all right thank you one last thing   I know that we keep talking about the cost  per space and this specific agreement would   increase per space to $15 per space  per month so 180 per year um does that   cover all um necessary expenditures to  maintain a specific spot in that area so based on the structure of how we've arrived  at what we anticipate the sales tax will be   with the balance of the obligation to get  to a $600 per space per year based on the   number of spaces theoretically yes depending on  how those sales taxs come in if they're they're   lower than projected the way that CAD petition  was drafted was uh an idea to kind of respread   those special assessments so one year might  be 15 if sales tax don't come in according to   projections then those res spreads might go up  if sales tax come in higher than expected the   way they've drafted is that those spreads of those  special assessments might go down and so there's   a little bit of uncertainty from year-to year  what that number would actually be but a lot of   it would be dependent upon um what type of sales  tax is actually generated I hope that answered   your question okay um okay page three next item uh  this is uh a child care Li item number four child   care licensing Grant application this is a Grant  application with kdhe for about $46,000 to again   continue to just provide child care licensing  item number five restoration of a utility late   fee you may recall back in December um there was  a conversation around uh reintroducing the one and   a half% late fee in fact there was a a request  to kind of increase that to 5% that was voted   down so this is just coming back to you all as the  recommendation of restoring that late fee at the   one and a half% that would go into effect April  1 2025 item number six uh this is a a request   to extend the interim controls uh for a historic  preservation commission item this is in regards   to the Crown Uptown project um back in February  early February a wrecking permit application was   applied for the preservation planner can stay  by constituting interim controls for a 30-day   period um city council can extend that sort  of interim control stay for 180 days that's   what this application or this request is for is  whether or not Council wants to extend the stay   of approving the demolition permit or wrecking  permit while there is an evaluation of whether   or not this building could be U added to the  historic register so the request before you today   is just to extend that stay of approval um interim  controls for the 180-day period has this building   uh or any of the individuals in the community  submitted a historical application prior to now also just wanted to add this um  is coming at the request of council   member hoisel and myself correct thank you for that all right page four um got a couple of  nonon planning agenda items the first one is   a conditional use permit request for a short-term  rental This was um a short-term rental where they   applied for an administrative approval uh  we sent out notices to neighboring Property   Owners we received 100% protest petitions which  escalates it to requiring a conditional use permit   that went before uh the Planning Commission  and uh Planning Commission recommended denial   so this is an appeal of that Planning Commission  recommendation to deny the conditional use permit   request um so a little unique in in kind of how  we're handling that approval of that short-term   rental item number two is a conditional use  for a major utility this is an uh it's an   internet exchange point so it's new to the kind of  community it's one of a kind within the community   it's a telecom Network interconnect and exchange  so there were a few minor differences between the   conditions between Mac and the dab again one of  the reasons why this has coming for okay um page   five we do have uh one non-consent housing agenda  this is the disposition of the remainder of the   single family residential and non-housing units  uh within the public housing authority um and so   that's item number one on non-consent housing  how many homes remain from the 352 originally   up for disposition how many remain left to  be sold sorry so 67 have actually closed   financing we are still a waiting closure on  and so we only have I got to think on the top   of my head 69 properties that have been  approved for sale that haven't been sold   or that haven't that um we don't have approved  TR guide contracts for so 25 properties we have   approvals for 69 of them we don't have offers on  yet and then this 137 will get us to so um do we   have to wait for them to be sold before we can get  to the halfway mark where we can start doing the   the big group sales as well or the big group PL  in the agenda item the intent was to use section   22 after we got below 250 units section 22 is  what HUD called voluntary streamline conversion   we were notified by Hud that they are no longer  approving any section 22 applications because they   got sued so they eliminated that option um but a  conversation with the special application center   uh director she told us that we could bring this  last group of 137 Parcels of non housing units   as one section 18 application and they would  approve it as such and that's why you're seeing   it come forward okay and then after that we can  tackle the big group projects that those includ   oh those include okay be able to move forward  with sales once HUD approves that application   now we've have five approved applications from the  past the quickest one they approved in 75 days the   longest one took eight months is largest it's  more than double the size of any of the others   um we are hopeful but with what's happening uh at  the federal level I'm not too hopeful that it's   going to be very quick that they turn it around so  will this be the last of these items that'll come   for us yes now as we go to sell them those items  come okay so that's on the consent agenda there's   four sales but this is the last item that will go  to will have permission to stop okay great thanks s nothing else on page five nothing on six page  seven uh item 4B this is uh a lease of property   within the Oldtown Cinema retail um this is a  triple net lease so this will be the first of   its kind coming at you based on our conversation  previously about shifting from a modified gross   lease to a triple net lease um this is the  first of its kind in a triple net lease for   that uh this is a three-year with one two-year  option um but be happy to answer any questions   you have on that the next one item uh 4 C this  is a water service agreement with Rural Water   District 4 uh there's a development that  would like to connect to city water and   and so U they'll have to kind of pay Rural  Water District to get out of that and then   ultimately we will provide water uh with the  property ultimately being annexed as a result of   that um bottom of seven top of a got a couple of  community events um page nine uh as you heard from   uh Sally we have a couple of those housing sales  as a result of the dispositions and that's all I have thank you assistant city  manager Anderson Marley yes hello Marley hello everybody I apologize again my  computer is not liking Microsoft teams I thought   I had the issue worked out but I did not can you  guys all hear me okay yes we can okay just um   next week is a very very busy week last week was  turnaround the legislature came back on Tuesday   with a week full of committees this week will  be ramped up very quickly as well the um house   passed their budget Bill and has it has been  referred to the Senate Ways and Means Committee   they have reviewed the bill and um did take  action on several items they cut many economic   development programs including the tourism program  um sunflower Summers where there was $1 million   allocated for the program the committee also  initially cut many other state programs from Board   of regions and others many of these State dollars  will be added back in when they work the committee   budgets but they are taking um a very hard look at  Commerce and Regents programs um in the Senate and   so we will keep you updated on these issues in  the sunflower Summers program as well the house   tax committee um is looking at their property tax  proposal their bill did come out today it is House   Bill 2396 and I sent it to Jim for review that  bill will eliminate the RNR but Implement a system   similar to a property tax lid that will allow  for New Growth and inflation it does set up a   state fund of $60 million to go to communities  that stay under the lid um if a taxing entity   proposes to exceed the lid it would be subject to  a petition and the limitations would only apply   if the legislature appropriated the money each  year for the fund so this issue as well as the   house Constitutional Amendment will be taken in  conjunction and will be worked in the and heard   in the house committee either later next week or  early the following week so property tax is a high   priority for legislators I'm going to highlight  a few more bills and then I will turn it over   um for some additional discussion um the kba's  local deposit Bill 2152 there has been agreement   reached between kba and local communities the  proposed amendments will be worked by the house   financial institutions committee next week um  there is a bill Senate Bill 178 that requires   local law enforcement to enter an agreement with  federal agencies to enforce Federal immigration   laws that bill will be heard on Thursday and  then House Bill 2377 which is a k Cedric County   Bill to allow for them to reduce their Mill  Levy without a reduction in the sales tax   formula there was some concern over the initial  formula in the bill but with some conversations   I believe that formula will be revised so  that the um city of witchta will not see any reduction and then um on Monday there  is a hearing on Senate Bill 252 which   is a local government contingency  fee contract bill and I will turn   it over for to Jennifer from  some um conversation on this Bill thank you Marley mayor council members um  it's Senate Bill 242 and as Marley said it does   involve Legal Services um this is similar  to a bill that was floated in 2020 um it's   our recommendation that City opposes um it has  been um through through my my understanding is   through balloon amendments and discussions um a  lot has been amended and and changed and limited   and watered down if you will um however it is  still at its core um imp infringement on City's   local control and in I think in conflict with  the Kansas Constitution's home rule protection   for cities and uh I think the city should be on  record as opposing it for those reasons Jennifer   can you explain that a little bit further So  currently we obviously have the city of Witchita   has a legal department but you also contract out  um for Legal Services I believe last year it was   1 point was it one point um it varies from year  to year um across the board including you know   it could be over a million for for different  Services um this does you know we we contract   you know competitively for certain needs this um  is for contingency fee based contracts um and it   is just requiring the cities um how they how  they would contract with that um telling the   cities how to have a meeting about it and what  has to be in the agenda of the meeting and the   justification for such a contract um and then it  would have to be submitted to the Kansas attorney   general for review and the Kansas Attorney  General would um have a a time frame to make   a decision whether it's approved or not sorry  the number was actually 63,000 sounds right   in legal services last year hovers around  that number and 2023 was 1.5 million thank you so it is um yeah because it is um we think  an issue of local decision on how the city   you know contracts for services we think it's  simply at its core violation of the home rule protection and as I said it has been  amended there have been negotiations   and things have been carved out of it  um but it's still it's still there so   if it's um I hear no objections we'll submit  I'll submit testimony under my signature um   I won't testify in person but it'll just be  written testimony it'll be submitted for the hearing no objection here thank you Marley  I have a quick question if we go back to the   house tax plan um could you elaborate more  on the set up a state fund of 60 million to   go communities to stay under the lid what  would be eligible for that just what would   the state fund be used for if I believe it could  be used for anything it would kind of be similar   to the laf funds that have been eliminated  in the past um but it it's my understanding   that you could use the funds for anything I  have not fully read the bill but that is my   my understanding of the conversation last would  it be proportional based on population or and   again I don't have the answers to that um but it  would be a fund that all local governments could   apply for so it would be all cities counties  um that do stay under the lid okay thank you uh I got a couple questions here Marley  um SB 199 fireworks sales uh could you give a   little background on on that Bill yes that does  allow um the State Fire Marshall some authority   to um have some allow some yearr round sales  it also does expand by a few days the ability   for local sales um there is a I think Jake's  Fireworks andpa they're the ones bringing the   bill okay do that include Aerials so are Aerials  essentially going to be able to um be purchased   year round or a majority of the year yeah  I don't have that specific information but   I can find that out okay I appreciate that um the  scrap metal bill is there um is that being worked   is there a a hearing date set for that yeah the  scrap metal bill has already been heard there's   been lots and lots of discussion around that um  We are continuing to work with um chairman humph   Susan humph who's the chair of the Judiciary  Committee is from the witcha area and she has   been very good to work with it's my understanding  that she has had conversations with the Attorney   General's office um and is um working to touch  base with WPD again um but we are very hopeful   that some sort of compromise can come out of that  okay I appreciate that uh the fair chance Housing   Act SB 100 uh can you remind me again which  bill this is um let me take a look at it and   I will email you some additional information on  it okay I appreciate that and then last one I I   asked that because I'm maybe I overlooked it but  um can we have a update on the um eviction Bill   the eviction bill is going to be held over till  next session um I did speak with representative   Hal about that um there were some concerns that  were brought up after the hearing and so she is   going to they're going to hold the bill over  and work it next session all right appreciate it thank you Marley thank you guys have a   great weekend yeah too council  members news from your District district one breakfast tomorrow 9:30 over at  Atwater we are going to have Brook cowchock   come do a neighborhood cleanup training so trying  to get all our neighborhoods and district one to   show up um to do that and hopefully we can get  some more volunteers this year to help out with   those cleanups but that's tomorrow we'll also  have Armando manettas to give a update on what's   happening with the May Angelo Branch Library  we had a couple of stragglers come over to the   district one or District 3 and four breakfast  uh a couple of weeks ago just got to say they   they said we have the best breakfast in town  so it was actually I will agree and District   4 I only provide Donuts so he did better so  they they were just being nice to you both   cuz we're nice in district one I I've I've  noticed that there's a ton of nice people up there any more council members uh last thing  uh tomorrow it's a collaboration between the   American Red Cross and the witcha fire  department installing free smoke alarms   in the north witcha neighborhoods uh  so thank you to the volunteers who   have signed up there's still an opportunity  for you to sign up for Sound the Alarm so   uh please check that out on the American Red  Cross Kansas website thank you have a great weekend for