Wichita City Council Meeting October 15, 2024
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that's EX [Music] good morning Witchita and welcome to
all of you present here this morning we'll call this meeting to order and with
us today is Reverend Donna gri of St Paul's United Methodist Church to provide our
invocation following that invocation we we will have the Pledge of Allegiance
and we ask you can please stand for both if you'll pleased be in in an attitude of
graciousness Holy One how unique and wonderful are the many neighborhoods that weave together
the fabric of Witchita how unique and valued are the various commercial and Industrial
neighborhoods yes sometimes Lord we forget to call them neighborhoods that support our
community's well-being our council members we are grateful they are elected from within these
neighborhoods both residential and Commercial and they listen to their voices we are grateful and
our staff provides guidance to the council also listening to the many and VAR voices and we thank
you for the staff's wisdom we give thanks also that the council and the staff are listening to
the voices of the ones without a good place to live and have been providing New Hope for them
guide the city council today to continue helping this city to grow in a way where it is a vibrant
place that is desired to be called home because of the ability of its citizens to live well work well
and play well well and to rest we give thanks for the council and we give thanks for the important
decisions that they will be guided to make today amen I Al to the flag of the United
States of America and to the stands one nation under God indivisible liy Justice for thank you Reverend goldry Madame clerk can you please call
the first item approve the minutes of the regular meeting of October 8th
2024 do we have any changes or corrections I see none I move to approve the
minutes for the regular meeting of October 8th 2024 second motion and second any further
discussion I see none Madame clerk please open the roll motion passes 70 Madame clerk
please call the next item proclamations today's proclamations Are Family Promise
week lights on after school and youth action month can we please ask Family Promise of
Greater witcha to come forward at this time good morning to all of you I thought I would read
a quote from uh your director of USIC who said we and homelessness every day for thousands
of people but for every person house more lose their home to make progress towards ending
homeless lessness as we know it we must close this revolving door and stop homelessness before
it starts so it is my pleasure to represent the city council in reading the proclamation
that reads the city of witto Kansas founded in 1870 whereas Family Promise of Greater witcha
began operations in October 2016 dedicated to help the most vulnerable Among Us children and
families who are facing homelessness and house in insecurity whereas Family Promise of Greater
Witchita collaborates with Community Partners and donors to provide rental assistance to families to
prevent homelessness saving our community members from unnecessary trauma and our community as a
whole from additional obligations and expenses whereas believing that every child deserves a
home Family Promise of Greater Witchita and its more than 1,000 volunteers and Empower families in
their transition from homelessness to sustainable Independence whereas the past eight years Family
Promise of Greater Witchita has served more than 3,000 individuals including more than 2,000
children on their path to Safe stable housing and continues to expand its programs and serve more
children and families every year now therefore be it resolved that I Lily Wood mayor of the
city of Witchita Kansas along with the Witchita city council do hereby Proclaim October 21st to
25th 2024 as Family Promise week in the city of Witchita and encourage all to recognize and raise
awareness of the issues facing homelessness in our community hey Randy it's Mike Gro how are you no thank you mayor woo and the city council for
helping us recognize and celebrate Family Promise week in our community we work daily to provide
shelter for families with children who do not have a home we work daily to Pro help hundreds
of families stay in the home that they're at and we do this through a vast community of volunteers
Faith congregations and collaboration partners and we just want to next week week raise awareness
on the issue of family homelessness um it is a growing and hidden sector in our community so
please follow us on Facebook and help us um celebrate and figure out what you can do to help
thank you so much for having us thanks [Applause] may I please ask wiah Public Schools usd259 stealth to please come
forward at this time [Music] the proclamation reads the city of Witchita Kansas
founded in 1870 whereas the city of witcha stands firmly committed to Quality after school programs
and opportunities to provide critical support for the academic growth and well-being of Youth and
offer enriching experiences that help young people learn and grow whereas the witcha public
school's stealth after school program has provided significant leadership in the area of
community involvement in educating youth grounded in the principle that quality Afterschool programs
are key to helping children become successful adults whereas nearly 25 million families report
that they would enroll their child in an after school program if one was available and for for
every child in a program four are waiting to get in whereas many after school programs across
the country are facing operating challenges forcing them to consider closing their doors
and turning off their lights 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 October 24th 2024
as lights on after school 2024 in the city of Witchita and encourage all citizens to ensure
that every child has access to a safe engaging place where the lights are on after school and
promote the importance of quality after school programs thank you mayor woo and city council
members for honoring our stealth after school program with this Proclamation stealth after
school benefits more than 500 K through five students in witch all public schools many
of these students are from disadvantaged backgrounds yet they statistically perform
better on state standards they miss less school and they have fewer behavior issues than
their onlevel peers due to their involvement in stealth lights on after school is a night
where we invite our families and Community to celebrate the positive things happening
after school to show why it's so important that we keep the lights on for after
school programs stealth works and it works thanks to our phenomenal teaching
staff and through the support of so many great Community Partners like everyone in
the council and mayor woo thank you again [Applause] may I please ask destination Innovation
to please come forward at this time good morning good morning good morning good morning good morning the proclamation reads the
city of witcha Kansas founded in 1870 whereas the Youth of Kansas represent the bright future of
our state and Nation holding the potential to lead with resilience vision and Innovation whereas
every young person regardless of background race or circumstances deserves the opportunity
to grow Thrive and reach their full potential Kansas has taken the steps towards reforming its
Juvenile Justice systems to reduce the Reliance on detention and incarceration whereas a high
amount of Youth in Kansas particularly youth of color and those with disabilities face countless
justice system uh issues threaten to derail their Futures and exclude them from particularly fully
participating fully rather in society whereas during youth Justice action month we reaffirm our
commitment to reimagining the way we serve and support young people across Kansas by advocating
for a system that prioritizes is Rehabilitation dignity and justice for all now therefore be it
resolved that I Lily woo mayor of the city of wiah Kansas along with the Witchita city council
do hereby Proclaim October 2024 as youth action month in the city of Witchita and encourage
all citizens to support activities and promote fairness equality an opportunity for every young
person to feel valued and empowered [Applause] uh thank you mayor and the City of wiah my
name is Desmond Bryan I am the manager of progy Kansas which is a program of destination
Innovation destination Innovation is a hub of Youth enrichment that provides young people
with the tools and resources to be successful no matter the background so we stand here today
and we just want to invite the city of witch to support us in youth Justice action month so I
have a question for you you what are you doing this month to support those that need the support
the most last week we went to jdf and really got to speak to some of the young people that we
typically ignore and I believe that all young people deserve leadership all young people deserve
education and all young people deserve Freedom so we stand Here We Stand today in the gap of the
young people that couldn't be here and we would like to invite everybody out to our block party
at the Atwater Center on Thursday as well as our youth Symposium next month on November 21st where
we'll be having 50 young people and 50 decision makers so it's vital that our leaders show up
in that space and let their voices be heard as we allow our youth to allow their voices to be
authentically heard as well thank you [Applause] Madame clerk please call the next mayor we have no one signed up to speak on the
public agenda so it is open we have five open positions for anyone who would like to speak would
anyone from the audience like to address the city council I see none we will bring it back to
our clerk Madame clerk please call the next item consent agenda items 1 through
11 are there any items to be pulled to for discussion mayor I would like to pull threee 3E any additional event agenda items I have three 3 a 3 C and 4 A 3 a 3 c 3 e and 4 a any other items I see none I move to approve
consent agenda items without 3 a 3 c 3 e and 4 a second motion and a second any further
discussion I see none Madame clerk please open the role motion passes 70 we'll begin with 3A for regarding 3A can we talk about the um
cost saving of proactive measures versus these reactive measures and how much dredging
would cost at chinii Reservoir we sure can uh mayor council members Gary Jansen Public Works
and utilities um we this program's been in place since 1993 uh it's done a lot for protection
of for Watershed protection for establishing of best best management pra practices to limit
sedimentation and phosphorus in particular uh from getting into the reservoir what it also does
too is allows certain nutrients to stay in place by limiting that sedimentation which helps save
costs on treatment and energy for creating ozone which is for Taste and odor when those certain
nutrients make it into the reservoir uh bottom line is we think uh over that period of time we've
saved almost $7 million in in in what would be an equal amount of dredging had this program not
been in place Uh current budget for this through our production and pumping operating budget is
285,000 a year so we think it's been a really good value um I will tell you real quick I'll take
this opportunity because this has been something that's been part of a lot of public conversations
and folks asking during this drought why we're not considering dredging cheny there are 24
Federal reservoirs across the state that provide two-thirds of the water to all Kansas of the 20
largest reservoirs uh the most recent studies that were done to look at sedimentation cheni Reservoir
was third or fourth lowest and amount of sediment ation so we're in a really good place uh right now
the estimate is somewhere between 3 and 5% of lost volume uh from sedimentation which is pretty
remarkable if you look at some of the others Tuttle Creek Reservoir in Manhattan is currently
well over 40% volume loss from sedimentation which is starting to cause some real issues in that
area so we're in a great place a lot of it can be owed to this program uh and I think it's
been helpful it's been in place for such a long period of time so dredging is ex is extremely
expensive and something we want to avoid getting to and I see that $90,000 will be for
education and administration can you discuss the education piece that is through
uh a lot of that happens with the cheny lake Watershed group that we are partner with uh
they work especially with local farmers on on agricultural practices that also help
limit sedimentation into the reservoir and again this would avoid the costly dredging
that would be the worst case scenario it it would that's certainly an alternative correct um and
it's doing again it's doing a lot for Watershed protection and keeping that sediment where it
needs to stay mayor we I just wanted to mention that we have a very strong partnership with the
farmers in the Watershed and uh previous councils have actually toured the area and met with farmers
as well as those in charge of Education this Council would like to do that we'd be more than
happy to set up a a tour um they always want to cook lunch for you too so they're great group
of people I know that I would I would also like that several council members would be interested
as well so that could be a followup thank you very much agenda item consent agenda
item item three C would be the next one can you please explain the history of why
we have a local air quality program and why is there a local match in addition to how much
is in the environmental health general fund operating budget sure so um this was established
by the EPA and the Clean Air Act and has been in place in since 1972 uh so this grant allows one
full-time staff to help manage our air quality program for witon Sedwick County that includes
things like Outreach and education emissions tracking modeling reduction strategies technical
support on air quality conditions forecast Public Safety and any health issues related to air
quality um it this position is very important for maintaining positive relationships with
kdhe and EPA we work closely with the kdhe on air quality issues within the region um some
of our air quality can be owed to what comes from Oklahoma and Texas but it's a reality
of who we are we still have to be cognizant of what's going on uh this position manages a
rebate program that's been highly successful this year with a rebate program we ran out of
money with before the first month was even over that rebate program focuses on replacing uh gas
engine lawn mowers weed eaters any type of lawn equipment with electric equipment it's been highly
successful that comes uh within our overall annual program we've got some contingencies built in
for this very reason because of the unknowns the streets in particular happen to mostly be out east
Southeast Boulevard from Harry to wasel Lincoln Woodland to rock armor Lincoln to orm Douglas
Oliver to woodl and Central I 35 to Hillside so we see this quite often every year I think we
probably have some cost overruns particularly on these composite type streets uh but we're doing
the right thing in the long term and fixing what we need to while we're there and the amount
for that change order is um it is sorry i l that again just under $600,000 $589,000 and when
would construction begin this work is already been completed um these quantities until again until
we get the asphalt taken off and we start doing the base repair work all the base repair work has
now been completed this change orders to finalize what we call those final measured quantities of
work so it's all of it's already done thank you we will out council member hoisel I thought you
got away hun Gary could you list those streets again real quick please Southeast Boulevard Harry
to wasel Lincoln Woodland to rock armor Lincoln to orm Douglas Oliver to woodlon and Central 135
to Hillside okay yeah um in the subject up here on our Green Sheet it doesn't list District 3 so
just a note on that one um how much contingency has written into the op3 for um situations like
this um it kind of varies from year to year on what the program is projected to do I don't have
that number but I could get that for you we we try to make sure that we get as much work as can done
as we can without overloading that contingency but by nature of the work and and wanting to make sure
we get everything done right these locations that we're at it it makes a lot of sense to have that
I can let you know what that is though yeah and so when we get through um with our contingency any
leftover money carries over to the next year or do we try and spend it down on road repair it can be
a little bit of both depending on what we've seen during that year we have some things that come
up I I can tell you from talking to all of you during in the course of a year we may have some
things come up that were unexpected and if we have that ability to we can use some of that at that
point in time we'll also look at the next year's program so there's not a perfect answer to that
but we try to balance that and not keep a lot of we're not trying to keep a lot of cash on hand or
contingency we want to be able to use that and get the work done okay appreciate it thank you Gary
we will um I will move to approv consent agenda item 3A second motion and a second any further
discussion I see none Madame clerk please open the rooll I move to approve consent agenda item 3C
second motion and a second any further discussion I see none Madame clerk please open the roll
motion passes 70 consent agenda item I move to approve consent agenda item 3 e second motion and
a second any further discussion I see none Madame clerk please open the roll motion passes 70 and
I move to approve consent agenda item 4 a second motion and a second any further discussion
see none Madame clerk please open the rooll motion passes 70 Madame clerk please call the next
item board bids and contracts dated October 14th 2024 good morning mayor city council Josh
lber Department of Finance uh the board of bids convened yesterday October 14th
for the following items for engineering we have the storm water drain number
521 improvements to serve Cottonwood Creek Estates addition for Allen's Excavating
Incorporated in the amount of $ 53,723 186 we have the sanitary sewer improvements to
serve Pegasus first in second edition for Noak Construction Company Incorporated in the amount
of 1,317 2895 subject to your approval of a new engineer estimate in budget authorization we have
the 2024 Outsource Paving preservation program CIP localized Street repair for conspec Incorporated
DBA Kansas Paving in the amount of 60,000 awarded underneath the engineer's estimate we have
for purchasing the rout control herbicide rebid for duk's Route Control Incorporated
in the amount of 46294 per foot and we have the aquarium cleaning and Creek maintenance for
integrated aquatic Management LLC in the amount of $ 23,796 per year for three years we have the
contract change order for our Pebble quick line bulk delivery contract for us lime company
St Clair for a new amended price of $389 per ton this is how to become a vendor with the city
and these are our open public opportunities out on the street today and I'd be happy to try
to answer your questions and I recommend your approval any questions for staff I see none I I
move to approve the board of bids and contracts second motion and a second any further discussion
I see none Madame clerk please open the r motion passes 70 Madame clerk please call the next item
k96 Improvement project a Minimus impact finding good morning mayor council Gary Jansen Public
Works and utilities again I promise I'm not trying to wear you out but I do still have another
item after this at some point uh we talked about this month ago maybe uh and I'll just cut right
to it so K I think as all of you are aware kot's been uh working on proposed improvements to
k96 from 135 to 21st Street as part of that the design would have some impact on on a few
of the parks k96 fishing lake area through there Chism Creek Park um all that stuff in that same
area we have now heard from Kat that they're not sure what their schedule is moving forward um
so this came about in a time and this is part of their formal process for the overall what they
call environmental clearance the NEPA process for the project and to identify that there's minimal
impact to these park properties and some of the mitigation process that happens with that but
because kot has now indicated they're not sure if and when the Project's even moving forward
we've been waiting on additional information we have not received including what happens with
potential RightWay acquisition construction we've got nothing to go off of we are recommending the
city council just defer this item indefinitely we not talk about any details today and we'll
just come back to it at a later date if and when we have more information from K we've been told
that they will be scheduling a meeting soon with staff to discuss this more which will include
both Public Works and park but really we've got nothing else to discuss with you today our
recommendation is to defer this item indefinitely council member Tuttle thank you Gary thank you
for the information um I just wanted to kind of add on to that a little bit um as the chair of the
witto area Metropolitan planning organization I worked with you and Paul and we ask K do to give
a presentation or just an update last week and they confirmed the the same thing in in further
conversations with Kat they have um indicated to me and I believe they have to you as well that
as soon as they have time frame or information available they'll provide it so I would be fully
supportive based on what we learned last week at wo and then conversations with K dot of just
deferring this until we know more because I don't think we can make a good decision right now so
thank you for all your work on this I agree thank you I don't see any questions for
staff thank thank you we'll open it up for public comment I see no public
comment we'll bring it back to the bench Jennifer thank you parliamentary
procedure wise may I make a suggestion that the motion be to table the item
and that does take it off the agenda indefinitely I motion to table
this item indefinitely second Motion in a second any further discussion
I see none Madame clerk please open the roll motion passes 70 Madam clerk
please call the next item public hearing and requests for letter of intent
for industrial revenue bonds Market Center Apartments good morning mayor and 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 multif family housing Revenue Bond letter of intent for Market
Center Apartments a witto opco LLC is a real estate holding entity that was created for the
acquisition and renovation of 155 North Market or the Market Center office building they are
requesting a letter of intent to issue multif family housing revenue bonds in an amount not
to exceed $30 million this aerial shows Douglas running from left to right along along the bottom
of the aerial and First Street roughly from left to right on the top of the aerial the area
outlined in red is 155 North Market which is the southwest corner of Market Street and First
Street in downtown Witchita the project will be developed into 114 units for affordable housing
the project has already been awarded 4% lowincome housing tax credits through the Kansas Housing
Resource corporation which requires the use of tax exempt Bond financing there will be no tax
abatement granted as part of this project the units will be Studio one bedroom and two-bedroom
units 20% of the units will be leased to tenants making 40% of the area median income and 80% will
be leased to tenants making 60% of the area median income the project will include replacement of all
of the windows a new roof brick tuck pointing on the exterior a community room a fitness center
a Business Center a bike storage area stainless steel appliance packages granite countertops and
inunit washer and dryers among other improvements the bonds will be placed privately with Sterling
Bank irbs are a mechanism for achieving a sales tax exemption and or a property tax abatement
for companies or developments that are expanding and maybe hiring new employees the city is not
lending any money and bears no risk the company is required to achieve achieve its own financing
which it has there are no taxpayer dollars at risk all of the costs associated with the issuance of
bonds are born by the company requesting the use of bonds irbs are utilized for a wide variety
of Industries including for-profit companies not for-profit companies universities medical
facilities and affordable housing projects like this therefore to staff's recommendation that
the city council close the public hearing adopt the resolution of intent and authorize the necess
NE AR signatures I believe the owner David Roose as well as Katie lowski are on teams as well
as a consultant Mike grou for the owner and they can answer any questions specific to the
project and I would be happy to stand for any questions as well questions for staff beginning
with council member ho Heisel thank you mayor uh thank you Tim for the presentation um so 100%
of these units are going to be for affordable housing correct okay um and it's from six 6 $59
to $1,041 rent that would be the monthly rents correct that that sounds awesome um how long
do the the lowincome qualifications last how long are they going to be beholden to minimum
of 15 years minimum of 15 years and since they qualified for the F 4% um low-income tax credits
can you remind us again what the oversight is that they are um that they're they're going along
with the program that doing what they need to do as far as the affordable rent there sure
so they will be audited on an annual basis to verify that they are verifying the income of the
individuals that are coming in to make sure that they are qualifying with the 60% or 40% of the
area median income and they will have to keep strict records uh on an ongoing basis to verify
that all of the tenants qualify in that capacity and that the tenants don't uh for instance get
a new job that throws them out of the qualific where they're making more money than what uh
the qualifying uh limits should be so there's a very strict uh ongoing uh compliance that they
have to go through in terms of auditing okay thank you uhuh council member Glascock thank you
mayor um to council ho is's last point so let's say they increase their income which is a great
thing are they kicked out like how long do they have to leave there will be some time frame within
which they would have to to relocate to somewhere else it's not like that they would immediately be
kicked out but they would have a time frame within which and and I don't know that I could tell you
exactly what that time frame is but they would have a time frame within which they would have to
relocate to uh a complex that was uh not it was a market rate complex I'd be interested if we know
the timeline I would just hate if somebody's in the apartment they get a new job they have a month
to leave and then we create another problem not be able to find another housing if it's outside of
that so the 40% to 60% of the area mediate income what is that quantifiable so for uh sing so it's
one people two people three people it's defined by Family status so I'll just give you one person
uh 60% of the area median income is $ 38,46 and 40% is $2,640 okay thank you I think that's more
helpful to the public in terms of numbers instead of just percentages um you had said uh irbs are
for sales tax exemption or property tax exemptions which of the two are they're looking for in this
case so in this one they are actually the primary driving force is the tax exempt Bond financing
that they are required to do with the 4% credits so they can do that through the state at the
Kansas development Finance Authority or they can do that through the city uh we certainly prefer
to do it one because we like to know who's doing business in our city and we hope that they have a
good experience and come back and do more business within the city uh but then the second is they
do get the sales tax exemption uh along with that as they are doing a bond issue but there is no
property tax abatement no property tax abatement just the sales tax abatement for improvements
okay and then I think that probably answers my next question see I had um when we excuse me
when we talk about the 4% litech credits they've already been awarded the litech credits Cor in the
application stage they've already been awarded how many applicants from witto been awarded the 4%
lch credits so uh we had this summer um we had the 9% tax credits were approved and we had
one the Timbers on East 21st near Oliver we had I believe for the 9% credits I believe there
were four projects from the city of Witchita that applied and like I say one received it uh the 4%
credits were there was a second allocation they do 9% credits once a year in July the 4% credits
they do twice a year and they had a second round in Late July due that have not yet been awarded
okay and then last question I have and this may be so for them to receive the litech credits they
have to receive um IRB from us correct they have to do a tax exempt Bond financing either through
us or through the Kansas development Finance Authority okay thank you that's all my questions
I appreciate it council member Johnson thanks mayor thanks Tim U I might have missed this but
um are they also taking housing Choice vouchers they um they will be required to accept anyone
that has them they are not necessarily actively pursuing that Avenue but if anyone shows up
that has a voucher they will be required to take them awesome thank you Tim um again just
a clarifying question so the developer is not asking for any property tax abatement can you
just tell us how much property tax is this current building yes it's just over $440,000
a year the 23 taxes were $40,000 uh $4,060 53 thank you Tim and you mentioned that the
developer is on teams right now good morning David just wanted to ask um the the
team uh of I know that these are not from Witchita um individuals so can
you tell us why you decided to invest uh in witch talk Kansas to help us with affordable housing David you're muted if you are speaking we'll come back for that answer council member
Glascock yeah my question was probably for David as well I mean I wanted to follow up to the
question if you move outside of the Ami then what happens um because I don't want people to get
stuck where they don't feel like they can take advancement opportunities if they're in there
I just want that for a claric question of how do we not just have people stuck in an apartment
if they're or stuck in a job if they're denying advancement opportunities to make more income
because they don't go of their apartment how long does that process take so if there's anybody that
can answer that question I would appreciate that so I will try to answer question can you rephrase
the question so I make sure I make so these apartments are 40 to 60% of the Ami correct
um and so we were just told that if someone makes above that then they have to find other
living and I just want to know what how what's that process how long does that process how long
do they find have because I don't want somebody to deny an advancement opportunity in a job or a
higher income because they also feel like they're stuck and then they're you know in this in between
period where they might be you know 61% of the Ami and so they're still close to low income well now
we just kick them out of their place now they have to get a moving truck to go to a different place
and then it may exacerbate a problem as well so I'll try to answer that two ways number one um
as part of the qualification process they have to provide income evidence so on and so forth
right so if a household makes more than those thresholds right depending on how many folks are
in the household there's that percentage of area median income so in order to qualify for a lease
um and a lease contract Arrangement they they have to meet those qualifications if they don't meet
those qualifications Unfortunately they won't qualify for housing at this location if it's my
understanding that once you qualify you enter it generally speaking a one-year lease right and
so during that one-year lease you continue to be allowed to be part of that one-year lease if
you sort of renewing your lease or requesting to renew your lease I'm not sure if you guys can
hear me I I can't anything David we can now hear you having some technical to add to add my
question just to quantify it so just so you know he can't hear us I think is part of
the issue gotcha can someone email thank you so 60% of the average mediate income for
a single adult would be 38,46 let's say they received a raise um from their company and now
they're making 38560 so let's say they're only making $100 more the average medium income
they're still around this amount but are we going going to remove them from their
home at that point for just being right above the average Medi income and how long
do they have to move out yeah so we might be able to get some some but generally speaking
it's my understanding that they enter into a generally a one-year lease and they're eligible
to to take advantage of those rents during that one-year lease if for whatever reason they come
up to renew their lease they then have to sort of re-qualify if at any point during the year
they accept they have to kind of continue to provide their income in order to qualify for
that renewal it's my understanding that no they are not immediately evicted they still
have a lease agreement that they're entered into but again we'll we'll get okay so we're
speculating probably at the end of their lease yes and I can this is Mike group consultant
for the developer um that is correct once they are initially qualified um if
their income goes above the limit they cannot be removed from the property
so it's the one time they have to meet it if the income goes over that then they can
stay at the property okay thank you Mike I appreciate that clarification and Mike
anytime uh David is available or you can answer the question why the developer uh chose
to make an investment right here in Witchita yeah David do you want to handle that one uh David can you hear I believe the problem
is that David cannot hear us okay um I I'll try to obviously he's the
the owner of the property um they made the investment um I I think his company
they do a lot of historic rehabs in urban Redevelopment properties around the
country and they looked at Witchita as an opportunity um to make another investment
the the investment they bought the building preco and uh that kind of slowed everything
down through that process so um but I think it's just part of their business to um redevelop
properties in urban areas especially that are historic thank you Mike I see
no further questions from the bench we will now open it up for public comment I see no one from the public who would like
to speak uh we will now bring it back to the bench this resides in vice mayor Ballard's
District thank you mayor um I'm very excited to learn that they rewarded the low-income tax
credits I know how competitive those can be also very excited that these seem to actually
be affordable which is something that um you know we talk about all the times access
to affordable housing and I'm super excited that they are willing to uh renovate
one of our historic buildings downtown so um I'd like to take staff's
recomend action close the public hearing adopt the resolution of intent
and authorize the necessary signatures second Motion in a second any further discussion
I see none Madame clerk please open the rooll motion passes 70 Madame clerk please call
the next item adoption of the International Mechanical Code International fuel gas code
and international residential code 2024 Edition good morning mayor council members Chris labor
metro area building and construction Department we have three adoptions in front of you today
uh to begin with will be the 24 International Mechanical Code as stated so uh this uh code is
specifically Article Five of our unified building and trade code uh this will adopt the uh latest
and an updated National code version as well as our local amendments uh the mechanical code is
specifically or uh applies to generally applies to I should say the codes and standards for HVAC
systems um this is an international code council code so nests with the other ICC codes that we use
and then as you saw in your agenda items unique to this one we also uh do our International fuel
gas code adoption within the Mechanical Code we do have some components with that in the plumbing
code that you will also see later but this is where we officially bring that on and then just
the way the ICC codes work the uh International residential code has a lot of its components mixed
with the uh trades codes as well so when we do the a trade code such as this we bring components of
the IRC in uh you will see the full IRC adoption uh later as that uh code in its entirety was not
released uh at the same time as as all of the rest uh uh as we always like to point out that this
adoption was coordinated across the codes that we currently do have and that we are currently
are preparing to adopt so you see those listed there uh the latest adoption of this code was in
December of 21 uh that had nine local amendments at this point we're moving to the 2024 uh IMC
version uh with eight amendments so some of the discussion uh with this includes uh the the
philosophical question of updating codes as they come out uh or waiting until those codes have had
some time uh in the community so um our staff as well as our board members are looking at that and
we feel that uh the way the codes these codes were actually released just over a year ago um prior to
the 2024 year so we feel like the way the national um discussion the way that adoption and those
changes have been taking place and then also that we see that that creates much less change uh
to our industry when we uh adopt and keep up with those Cycles so uh we do feel and our recommending
at this point that we go forward with adopting the codes towards the front end even though we know
that may mean some administrative changes uh within the next year or two as as these are on
the street so uh in this code in particular in particular we saw very little change especially
to uh the local impact in our local processes so uh the bulk of our change changes you can see
listed here uh six of those uh eight sections that remain in our local amendments the only changes
to those were numbering and references uh two of those again just updating from 21 to 24 references
uh and some of that is based on that's basically that the national code book changed what's in what
chapter so we have to uh obviously update that as well so it can can be found in referenced uh we
did delete one of our amendments as you saw and that is a requirement for grease testing we've
had that locally for some time uh the national code now incorporates that test so we no longer
of course need it uh no new items were added and uh no amendments were added to our ubtc as part of
this so we have uh several longstanding all of the Amendments that are there have been longstanding
uh they've been in place for uh for for a good amount of time uh as we always like to uh point
out as well the impact that the codes have and specifically that there were no specific safety
or management issues or any no local events or anything that needed to be accommodated in this
code review so obviously very happy to report that and again though I State relatively minimal
here that the changes are actually very minimal uh the process that was followed included the
board of mechanical appeals uh as well as staff leading that review it was then specifically
um coordinated and received input from uh these industry associations which included the Kansas
cooling contractors Association the local local Sheet Metal Workers Union and the witch area
Builders Association uh this was then of course taken to the board of Sedwick County Commissioners
for public hearing that occurred just last week uh no members of the public commented on this
code uh we did have for the three adoptions we did have some uh me industry members who are in
attendance but none of them uh spoke so uh we did not receive any additional input there and
it did receive unanimous approval uh as part of that we did uh have individual meetings with
each commissioner to go over the code changes and our adoption process in depth there was one
commissioner absent from the meeting commissioner Dennis is is in Europe but the other four were
there and voted unanimously to approve a few uh of the Amendments that we wanted to ensure the
public was made aware of uh are here the first being and all of these actually stand in favor of
I I believe the industry and making it a little easier uh for for them to do their job so uh
previously uh there were different uh charts different rates for different size buildings for
the ventilation rates and the calculations that are done those have been combined into one chart
so no matter how big the building is you still follow the same chart and this actually slightly
reduces the restrictions on larger buildings so there is a slight reduction in requirements here
uh another and similarly so uh we see requirements for ventilation with ad adult changing stations
uh and this was specific to this code but it's a good example of some of the things that we're
starting to see when we get increased uses so basically if you have a changing station that
requires a restroom rest area type uh ventilation so a lot of these changes just ensure that any of
those New Uses do get defined so that uh someone does not put those in place not realizing that
they have to follow those tenants of the code so again this is just to incorporate uh updated uses
and new items uh another uh slight change that we saw was an allowance within duct work so um
previously there was not an allowance to connect into common duct work at all between dwelling
units uh that still is prohibited unless there is negative pressure but if there is a if that is
a pressurized duct uh that can be now allowed in order to again just provides another option for
the industry uh also with a component to ensure the safety factor is still there uh on this to a
few of our amendments that stand in place again the only changes were to update references are
that we do allow some increased length of ducting and we allow especially when we're talking drier
ducting and drier venting and some of those areas we do uh allow some additional footage of of
venting and ducting in our amendments another one again a fairly simple change uh but code
is previously uh prohibited uh pulling return air from a closet uh there's obviously a lot
of big closets out there uh hopefully most of the return err is coming from a closet that looks
like this much will probably not but uh it again if the closet is of is of enough size uh that can
now be pulled and actually uh Mr Stony nethercott our uh chief of the mechanical section is here uh
with his expertise if there's any questions but Stony specifically pointed out that he likes
this because some of the humidity and issues that are sometimes found in closets so this will
hopefully assist with that and then uh lastly uh with a lot of the r radiant tubing heat tubing
the different things that go under floors and in different areas um it's hard to exactly calculate
those in the initial drawings so code specifically allows which is something we have generally done
by policy and allowed kind of work this out on the job side if you will but code officially now uh
says that you can adjust that up to 10% plus or minus uh without having to resubmit drawings or
update the design just again to Eon accommodate those on-site changes uh when when ducting uh
or those uh excuse me that tubing is laid and those circuit links are laid versus uh what was
calculated in the engineering plans so uh with that uh we will of course stand for questions and
public comment after which we'll be recommending that Council Place on first reading the ordinance
and amendments to Article Five of the unified building and trade code with the adoption
of the 2024 additions of the International Mechanical Code International fuel gas code and
the international residential code and authorize the necessary signatures questions for staff I see
none thank you we will now open it up for public comment I see none bring it back to the bench um
given that SED County unanimously also voted for this and uh no objections from the major trades um
I moveed to recomend uh to place on first reading the ordinance and amendments to Article 5 of the
unified building and trade code with the adoption of the 2024 additions of the International
Mechanical Code the international fuel gas code and the international residential residential
code and authorize the necessary signatures motion and a second any further discussion I see none
Madam clerk please open the r motion passes 70 Adam clerk please call the next item adoption
of the international existing building code 2024 addition and amendments all right good
morning again mayor and councel Chris laam again mabcd for the record uh two of three and
this one uh actually also a very easy adoption in that regard very little change to what we
already already had in place uh to clarify um because it is kind of interesting nomenclature
so the existing building code refers to existing buildings not the existing code I know sometimes
that does confuse uh members of the public in in what that is so it's it's not referencing that
the code was in existence but that we're dealing with the remodel and renovation of buildings as
we will see here uh this one was also presented for bccc review and public hearing uh last week
you will also see that in our our coordination slides it impacts article two of our ubtc uh as
with the others it adopts the national code and the local amendments and this is specifically the
safety code for commercial Remodel and renovation work uh in general this code reduces
the overall requirements so this allows um of course in in a change of use or a situation
uh such as that allows us to then match the what is happening in the existing building with the
new code uh find those areas that need to be updated uh it especially helps us with historical
buildings and the requirements associated with those so one thing for example that uh the iebc
allows is if a sprinkler system is installed in a historical building then we're generally able
to leave most of what is there and providing the historical significance untouched uh without any
other issues so so again we do we do see a lot of help there it definitely helps our um architecture
and engineering community in their designs and in any kind of pre-design discussions that they have
with us uh to to make those work uh just as with our last code coordinated across the uh codes that
it has an impact with it does doesn't hit all of them or as many based on the nature of this code
but uh again those that it uh that it does are listed there uh also the same usage also happy to
report that we've had no specific issues with this code that needed to be addressed in the adoption
uh was last adopted in 20 that was the uh 2018 uh addition of the IBC we had 71 local amendments uh
this will adopt the 24 IBC with 85 amendments now uh generally too I of course am pleased to report
when we reduce those versus increase those so uh we were a little concerned to see that going the
wrong direction uh but that simply is based on a lot of additional references to the new Baseline
code so uh we still do not specifically adopt elements of the energy code uh we also have local
ADA requirements uh we'll also see in here that the city of Witchita requirements are slightly
more restrictive than the national requirements So based on that we also have local flood plane
reg regulations and references uh jurisdictions who do not have those would of course rely on
what's in the National code to help guide them and help uh uh work those when when you have
those you either amend those pieces out or at least amend them to reference your local guidance
so we did see a a large expansion in the National code this one and to a lesser extent but also in
the next one you'll see the building code where the uh just that Baseline code expanded a lot of
reference and a lot of the areas is where that where they Incorporated energy Ada and flood plane
management so again where we have those locally uh we amend those out uh in some cases we just make
a reference to our local uh guidance but in most cases those are taken out of the code and and
those are the drivers uh for those increased increased amendments to the greatest extent uh
one that we didn't put on the slide but also drove the Amendments up because it's mostly
an international thing is uh parking garages so there were some fire events in in England
and based on with electrical cars and based on those the code did incorporate a requirement for
sprinkler systems in garages over 48,000 square feet I believe it is uh we did not see that as a
good practice uh or a safety requirement either one so we have amended that out of our code and
I believe that's pretty consistent in most us jurisdictions uh so the process with this one
did follow a little bit differently than what we normally do uh given the size of the building
code and then the IBC that taxs onto that we begin this one with a stakeholder committee so
this is a fairly robust committee it actually consisted of 20 individuals which included mabcd
staff Witchita fire SED County Fire uh and then uh industry professionals from contractors to
Architects and Engineers uh after their uh work we then took this to the board of codee standards
and appeals for their full review and input uh after which we then of course did the same with
the witchi area Builders Association and then as discussed took this to uh the board of SED
County Commissioners and did receive their unanimous unanimous approval last week uh so I
think I've covered most of this we'll add a few details to it but uh again majority of amendments
increasing our manageability uh does include with these Public Works fire code other ubtc articles
when you get into these codes you have plan review permits plan review fees a lot of the permitting
fees and those things are Incorporated in these codes so several of our amendments are simply to
ensure those fit with all of the other agencies we're working with our local fee charts Etc uh
and then as stated removed energy references uh referred to our local flood plane and refer
directly to the Americans with disability act as well as the Witchita uh requirements for uh
our work there uh the the main impact of this code again hits uh you know that we see kind of
hits our high-rise structures and helps us there uh accommodates that non-conformance and that
prior code uh basically as explained previously uh also helps us with analysis and repair of damag
structures uh again no real changes to these areas that we saw so happy to be able to continue uh
as is there um didn't didn't see uh uh any uh again a change in the application so one that
we will point out is uh a local allowance the code and has for some time so this is a standing
amendment that we've had uh does require a fire wall when there are separate electrical services
so code generally is going to say one electrical service for one building obviously there are
times when uh customers would want owners would want separate electrical services and the code
requires a firewall this is in both our building codes um a firewall are very extensive they're
designed to be a standalone structure so the idea of a firewall is the building on either side could
burn and fall over and the wall would still be in place but uh uh we do we see that as extensive
uh not required in most cases so we require a fire barrier in those but we do not require a full
firewall uh and with that uh we will also Ju Just as before happily stand for questions and uh and
encourage any public comment uh after which it's recommended that Council Place on first reading
the ordinance to amend Article 2 Section three of the witas sedick unified building and trade code
and authorize the necessary signatures thanks Josh council member hoisel thank you mayor um Chris uh
could you discuss the differences between a fire barrier and a fire wall H so a fire barrier does
provide a level of fire protection so fire rating uh it would be an extend wall U but it would be
allowed to be tied to the structure versus having to have its separate foundation and meet all
of those requirements of a firewall okay um and also go back to the uh bo you were talking about
the case that happened in England um is that in regard to EV V or EV that is exactly exactly sir
yes and so uh in those cases um and those were EV vehicles that burned extensively caused a lot of
d damage to cars next to them and to the garage that the problem we have with that is sprinklers
do not necessarily put that fire out that so um they may they they may protect from spread um
but we we think our firefighters are going to Long be there by the time that would be the case
and we would probably just make it harder to get to the event by having sprinklers in place right
you'd about have to bury the batteries to to put them out in the EV Vehicles all right well I
appreciate it thanks for the back thank you sir any further questions I see none thank you
Chris we'll open it back up to public comment I see none we'll bring it back to the bench I move
to approve the first reading of the ordinance to amend Article 2 Section 3 of The Witch cedri
County unified building and trade code and authorized the necessary signatures second motion
and a second any further discussion you see none Madame clerk please open the roll motion passes 70
Madame clerk please call the next item adoption of the international building code 2024 addition and
amendments all right again mayor council members thank you last one I promise uh Chris laam mbcd
for the record and again International building code now this uh luckily for you all is not
necessarily our biggest presentation because again it was fairly M minimal but this is our heaviest
lift and our biggest code uh that we do adopt so uh as it governs commercial work so same process
that was here this is is also article two of our unified building and trade code it's section two
also adopts National code local amendments and again this covers all commercial construction
whether new remodel Etc um this does also again of course nest with our ICC family of codes and
is is compatible with the uniform P plumbing code which is our one uniform code that we uh still
utilize in this jurisdiction again coordinated across the applicable codes uh also uh same here
in that we see generally minimal change not a lot of uh impact to the industry uh one that I will
point out that we we do think they'll be very pleased with and we feel like we're still in the
in the safety zone so uh we'll get to that one but uh with with that exception not much change and we
have again are happy to report we didn't have any specific safety or management issues to address
in this adoption uh also was last done in 20 of J uh January of 2020 that was the 18 International
building code with 91 amendments we have proposed the 2024 IBC with a 121 amendments uh just as
described in the last adoption we have those same items that are creating the majority of that
increase in amendments those that we are taking out of our uh out of the code here because we
already have standing rules for those uh and or so whether by whether we reference our standard rules
or remove them uh it still ends up being a local change uh same process that same 20 uh member
committee reviewed this code was then also taken to the bcsa after which it was taken to Wabba uh
one addition to this code is that the office so the State Fire Marshall approves the overlap with
the fire code there are two chapters in this code that do overlap with with the international fire
code and that adoption uh the Office of the State Fire Marshal agreed to review this prior to our
local adoptions which is something we have not been able to do in the past so very grateful
for that that obviously sped us up quite a bit assuming we make no changes we'll then obviously
be able to publish and move forward with the code we'll report back to them with this because the
state does have an approval level of this code uh and again uh follow the same process of meetings
with individual Commissioners followed by a public hearing at the County Commission and that was also
approved unanimously uh just as you saw on the last code uh the majority of our amendments for
manageability and across the agencies and areas that we work with and then again uh won't rehash
too much those uh changes in the three areas so uh the change that I referenced earlier that we
want to point out so this is significant because state law requires that uh any commercial work
that requires a permit must have architectural Andor engineering designs associated with it so
when we require that permit that and that state law uh kicks in that obviously is an expense
and a Time burden uh what we see especially in the post uh pandemic environment is a lot
of rearranging of offices conference rooms and those type of things a lot of a lot of changes in
the Way businesses are structured so in looking through that and reviewing that previously we've
allowed up to 100 square feet of work on wall covering uh Andor non-load bearing walls we are
increasing that to 250 square feet so that will buy quite a bit increase the amount of work
that can be done remodel work in a commercial building without having to come to us for a
permit there's obviously some exceptions to that if there's Utilities in that wall if there's
different things associated with it obviously if it's loadbearing uh some of that we will still
be requiring permits but uh if it is simply uh rearranging and and and refinishing walls to that
level uh then then that should give uh should give our industry a lot more room to do that without uh
the burden of a full review and inspection process uh another example of some things where we do
not require permit is retaining walls the code just says retaining walls need a permit uh we say
if you do a small retaining wall under 30 inches there's some other criteria there we we don't
need a permit so those again not an extensive list but a few of those that you see another local
amendment that we have and have had for some time uh didn't change this other than to make sure it's
updated with the paragraph number is that uh we allow fire separations in in three and four family
dwellings so single family and two family do not require sprinklers period uh but three and four
family are then kick us into the commercial code versus the residential code which would start with
saying sprinklers are required so we just go ahead and amend that right out of the gate and say that
uh you have the option for fire separations versus uh the sprinklers in order to avoid that and then
as I've stated a few times now we have some areas of enhanced ADA accommodations that apply to the
city of Witchita uh one amendment that we have had in place uh and that is standing is aircraft uh
hangers we allow a slightly larger aircraft hanger than code requirement without Sprinklers and we
allow some reduced spacing requirements in those uh as a support to the local aviation industry and
again uh over time and practices analysis this is where we feel we're still well safe uh without
being overly burdensome to uh their requirements and work uh here's another example uh hotel and
church canopies which we see a lot you see an example there uh Baseline code says that anything
you hang off of your building has to be the same fire rating as the building uh we think that's a
little little again overburdensome so we do not require that you still have to have a fire rating
on those canopies but it does not have to meet the same criteria as the building so uh there's some
reduced requirements in that area that that we have have uh another one and there is a slight
change to this uh at this time in our code so restaurants uh a and restaurants have a little bit
tighter uh sprinkler requirements than most other commercial buildings such as Mercantile retail
Etc where you're not cooking you don't have uh a seated um customers don't have quite the same
Hazard so code Baseline code 100 or less does not require sprinklers uh in the Baseline code from
100 and above require sprinklers we amend that to say between 100 and 299 uh you can avoid the
sprinklers if you're able to provide a third exit and a manual fire alarm now there has been some
split in this previously um which TOS fire code has previously and often allowed that to be an ore
a third exit or a manual fire alarm uh the fire code is changing and is being updated to state
that the third exit and a manual fire alarm are required so we did incorporate that in our code
obviously if that's changed as the fire code goes forward we would make that adjustment and bring
that back to you all but uh for now that is an end so that that will have some potential impact
in a renovation uh from an existing building to a restaurant but uh generally and again this is uh
there's always the option to put sprinklers in uh and this is an option to still try to avoid that
while in maintaining those safety factors so uh and then uh Fire Marshall Dugan obviously has
um uh has some uh options within the distance between those exits Etc so there's some work
the fire department can do to help people with those and again to try to avoid those uh uh fire
sprinkler requirements when they seek to do so uh last one here and uh so I guess that's a little
bit back but have got a pretty good picture of Gary's water treatment plant out there uh as
an example of special inspections so in mbcd inspection for something like this we're going to
go out in advance of all of that concrete being poured and make sure that the holes that are
dug are clean that they're the right type of uh it's the right type of trench as per the uh
plans requirements the engineering requirements right size of rebar right amount of rebar uh
we're going to look make sure conditions uh are correct for that concrete to be poured as
that concrete is being put in place we are not inspecting that the um there's a third party
working for the contractor doing that work and they're the ones that are checking temperature
humidity uh checking the consistency of that concrete checking every so often to ensure there
are not voids or anything that is going to create um a problem with that in the the future uh those
reports are then provided to us and are attached to our inspection reports and the permit so uh in
and in these cases we up the size of the buildings that require those special inspections uh there
may may still be some special use buildings that those will be that those requirements kick
in regardless some companies have special inspectors with their uh with their work and
do those no matter what but uh in this case if you're under 50,000 square feet then you do
not require uh special inspections uh over that you do and again that is slightly less restrict
Ive than what the national code requires we've up the square footage and with that we will uh
again happily stand for questions and uh welcome any public comment and then after which it is
recommended that Council Place on first reading the ordinance to amend Article 2 Section three of
the witas Sedwick unified building and trade code and authorize the necessary signatures thank you
again Chris we'll start with council member glas thank you mayor quick question about canopies
less about the fire retention of canopies um but I know there's a couple small businesses in
deleno in particular that have asked me about canopy regulations and that they have to pay
a yearly fee for canopy inspection to their knowledge the canopy has never been been inspected
we have a canopy inspection fee how often do we monitor canopies so that that would not be with
us councilman so I I would I'm going to venture a guess that that's probably a right of way use
fee or something along those lines uh once we have inspected it and granted occupancy then the
only time we would get involved again is if there was damage to the canopy or a report of some form
of danger involved and then it would either be us and fire so they don't pay a yearly fee to you it
might be right away correct so I I would have to look to I'll look into that later I just who else
that might be if it's not yours then don't worry about it I'll figure it out later thank you I
appreciate it I see no further questions for staff we'll open it up for public comment see
none'll bring it back to the bench I move to place on first reading the ordinance to amend
Article 2 Section two of the wit cedri County unified building and trade code and authorize the
necessary signatures second motion and a second any further discussion I see none Madame clerk
please open the role motion passes 70 thank you thank you thank you may Madame clerk please call
the next item 2025 cultural funding allocation recommendations good morning mayor council Lindsay
Baka director of Arts and Cultural services for the city manager's office this is one of my
favorite presentations to give each year because it's our opportunity to really highlight the
incredible work that's happening in our nonprofit sector that we are so honored to help support
a little bit of background uh the city's had a cultural funding program uh that provides
uh operational funding support to local Arts and Cultural organizations and also to
individual artists uh the program is overseen by our cultural funding committee which is made
up of 11 members seven are appointed by all of you uh and four are appointed by our nonprofit
partner the Arts Council uh the the committee makes funding recommendations to you all uh
for local art artist and Arts and Cultural organizations which is why we're here today uh
they oversee the funding program and make sure that alignance with our Cultural Arts strategic
plan and I'll talk about it shortly but uh just an upfront reminder that we adopted a new
strategic plan in May of this year so we we did see a few changes in the funding program
uh and the grant cycle is administrated annually and applications are new and competitive
each year I always want to reiterate this because the funding program does have a lot of
variables so while we have applicants that have received funding in this program for upwards
of 20 years it really is a fresh competitive process each and every year uh one of the big
variables is that our committee members change and the amount of applications that uh we receive
into the program change year-to year this year we had a significant growth in applicants that
we received uh so while many organizations receive funding each year through this program
it really is a a new competitive process each year uh we have three categories for 2025 uh
funding this year with one significant change uh the operational grants which we'll talk about
at length today the artist access grants which we'll talk about a little bit but we'll have
applications open up later this year and the new uh fund that we have this year that we're
really excited about is the Arts Thrive Grant uh this is not City money but because we have a
robust funding program we were El eligible to be a subgrant sub granter of the national endowments
fund so we received a $75,000 Grant from the Nea that we're then sub granting into the community
um at the the guidance of the cultural funding committee we really uh built this program to be a
risk Capital program uh so for for the Arts Thrive call to the to applicants it was uh pitch us idea
uh that serves the community Through arts and culture and let's see how we can uh fulfill that
need and I'm really excited to say we had over 40 applicants uh for three funding opportun three
grants through that program but we're here to talk about operational grants so I'll keep it moving
um as a reminder our strategic plan uh was adopted this may and our mission is to ensure that
everyone has Equitable access to Cultural Arts opportunities by activating the creative potential
of our community and our vision is that witchta is recognized as a community where artistic
expression is an integral part of the city's success where Arts Thrive and where cultural
heritage is preserved and celebrated and these are really our guiding posts uh for the cultural
funding committee to make sure that whatever was funded through this program was really uh in
lock step alignment with this plan um and a special consideration was for for for those
organizations that um really align with both this mission and vision uh quickly about artist
access uh this is a longtime grant program that we've had that's for individual artists uh who
serve witcha residents uh we'll be opening up applications in November uh of this year and they
should close into this year or early January of next year uh those applications will be on our uh
Grant portal witch to.sub itable outcom or witch to.gov Arts we'll be sure to send out some PR
about that once it is opened uh and this grant is specifically designed uh to support professional
development opportunities for individual artists so it's not to fund the creation of new art but
to really Advance uh the professional careers of artist working in witcha so funding examples
could include but are not limited to attending a conference a training a website development an
artist residency or Professional Services I always like to highlight like a legal aid opportunity
that this grant could Pro provide so if an artist is looking to copyright their work or work with
some sort of uh legal support to figure out how to um how to secure and Safeguard their artwork
this is a great opportunity for that Grant artist access grants are $1,000 doll or less um and I'll
talk about it a little bit later but the committee uh has designated a pot of money to to be set
aside for artist access grants for next year so it'll be part of the funding recommendation
today uh but the applications themselves will come back to you once the committee uh has reviewed
applications and has a recommendation for funding so we're we are recommending a pot of money be set
aside but we don't know who uh will be receiving those funds just yet so into the operational Grant
eligibility so this is not the full exhaustive list but kind of just an overview of what type of
organization can apply um most notably that they must be a 501c3 nonprofit uh and their primary
purpose must be the production presentation advancement or preservation of arts and culture in
the in the community and then they must serve the the res resents at the city of witchta they also
must have a minimum of two years of operational history of serving residents in witchta um and
then of note uh this does not include our cultural institutions they receive dedicated funding
support so they do not compete in the funding program um so I have them listed out here there's
many that we have in our cultural institution category most notably they're ones that we own and
operate or that reside within a city building but these organizations would not be eligible for this
program the Grant application s uh we we changed it up a little bit this year not majorly but we
really wanted to make sure it connected with our new strategic plan the committee identified three
objectives within our new plan that we really thought um could be of of service in this grant
program U the first objective is uh to really increase the number of participants uh who are
historically underserved um and ensure that they have access to Arts and Cultural opportunities
um and that is really objective 1.1 that's most tied to our mission statement um objective 3.3
three is establish witchat as a regional hub for Cultural Arts objective 4.1 is to partner
with organizations to increase the number of paid professional opportunities for artists and
organizations in the community and this is one that the committee felt very strongly about and
really encouraged all applicants and recognized that most of our applicants are doing great jobs
partnering across the community but where there might be duplicative Services we've got a lot of
music organizations the committee would love to see those music organizations partner together
to really Advance the field most of them do but just love to see more um the application
components include narrative questions attendance and impact data board and staff information
and financial information we ask for a lot of information as part of this grant the timeline uh
we open applications in June uh I do want to point out that we had several uh open engagement
opportunities for uh prospective applicants to meet with staff and committee members to talk
about how they could have a successful application many took us up on that offer um a shout out
to our Cultural Arts administrator Jesse kosa who oversees and administers this program I can
hear him on his phone all day every day guiding applicants on what to make sure that they have the
right components for their application in um but we're really thankful that the community is taking
us up on that offer um applications were open for a couple months uh we also have something that's
unique to our program on September 19th we hold a Q&A so it's an opportunity for the committee
itself to meet with the applicants and to for them to ask any questions questions or clarify any
information we know that putting art on a piece of paper is not always easy to understand that ins
and outs of what an organization does so that Q&A is really important to help um mythbust
anything on an application or just provide clarifying information um and then moving right
along we're here today uh to seek city council approval and then we go into Contracting we have
annual reports we have site visits we're engaged with these applicants and organizations really
throughout the year and of note I just want to highlight the the incredible work that the
committee does they're all volunteers I think on the low end one Committee Member said that
they spend eight hours reviewing applications for this fund um most of them said they are
more in the 20 to 25 hours just in reviewing the applications themselves That's not including
meeting time so we're really grateful we try to make sure we give them lots of snacks and keep
them excited to come back uh because they're they're doing a lot of uh really detailed work in
re reviewing these applications and looking at the funding itself uh we're projected to have 510,000
uh in this program for 2025 uh this is uh advised by our finance department we do see a small uh
uh increase on it year toe just depending on the mill Levy um but we're anticipating $510,000 being
available in 2025 we don't find out that number uh until mid November to know the exact amount we're
working with uh of of which for for the sake of this program the committee is recommending 495,000
to be allocated for operational grants and then the $15,000 be set aside or reserve for artist
applications artist access applicants um and then this next section is kind of confusing uh once you
see who gets what money or who's being recommended what uh but the amount an applicant is eligible
to ask for um it is a request uh is depending on the size of their operational budget so the larger
organizations um who have annual operating budgets of $500,000 and more are eligible to ask up to
8% of their total operating budget not to exceed 75,000 so I point this out because sometimes when
you see the scoring of the the point structure of which applicant received what point it's not
always the highest scoring applicant that receives the most amount of money and then the the the
opposite is also true the lowest scoring might not receive the lowest Grant because it really is
determined U by the the eligible ask and then what they actually ask not all organizations ask for
the max actually I would say about half of them do some of them at like specific assets based
on their operating budget and there's a lot of reasons why they do that I thought that this
would be interesting to look at because we've seen a significant growth in this program over
the last few years uh which I would really just highlight for some strategic Community engagement
that we've done throughout the strategic planning process we really were uh pinpointing what what
organizations are working in this field and do they know that they have this opportunity through
the city uh so for this F fiscal for next fiscal year for this funding cycle we had 39 applicants
which is up almost double from two years ago um the funding request this is the the actual ask
that we received not the cap of the elig eligible ass but is what we uh saw in request was over a
million dollars this year and then the applicant operating budget total so we asked them that
as part of their uh application process but our nonprofit arts and culture sector who've applied
into this program have over $36 million in annual operating budgets and we're only giving out about
half half about 500,000 so we're just kind of a blip in the overall um uh Market that's happening
in the community and then also we released this economic uh Prosperity study earlier this year
if you remember Randy Cohen from Americans with Arts was here talking about the economic
impact that the nonprofit arts and culture sector has in witto of note um in 2022 when the
study concluded uh we were about $185 million economic impact for the nonprofit Arts sector so
I bring that up because you're we're potentially awarding $500,000 in in Grants to nonprofits that
return on investment is pretty exciting uh when we look at the overall econom economic impact
that the sector has on the community so the recommendations the cultural funding recommends
awarding grants to 38 applicants and reserving the artist access fund $495,000 for operational
grants $115,000 to the artist access grants fund these are the large organizations with
operational budgets of$ 500,000 uh dollars or more these are the medium organizations with
operating budgets between 250,000 to $499 999 and then these are the small organizations
with operating budgets of under $250,000 of note we had many firsttime applicants
in this category specifically and then new to this year's program and not
something that we would normally do but the committee uh recognized several organizations who
are really just doing above and beyond work that aligns really strategically with our new strategic
plan and with our mission of representing and serving historically underserved and culturally
diverse populations all of the applicants and all the funding recipients this year do that work
but these are the organizations that really stood out with exemplary applications and I just want
to highlight a few that maybe the public isn't super aware of they're smaller organizations
but the work that they do is really incredible uh so just a shout out Juniper arts academy uh
this is a relatively new organization in the community but they provide Fine Arts education
to Youth and foster care and the juv Juvenile Justice System um and they're really providing
a a a stop gap for for individuals and young per young people who would have otherwise no
access to Arts education laughing Fe performers inspires relationships between individuals
with special needs and their typical peers through Musical and artistic expression and
they give performance opportunities to those who would not normally have the opportunity to
do so uh music youth partnership provides music and character development classes to at risk
youth in public schools and specifically they find Opportunities to give individuals uh to give
youth instruments that they would not otherwise have access to so they're giving instruments
that will then belong to the students but then they're also giving them education on how to
play those instruments and I could spend all day talking about all these organizations but
I'll spare you the rest but enourage everyone to look up these organizations to learn more
about what they do in the community and with that the recommendation is to approve the 2025
funding allocations uh for for arts and culture organizations by the cultural funding committee
and authorize the ne necessary signatures and I would like to point out that our uh chairperson
for the committee Dominic Ghana is in the in the audience if you would have any questions for
him as well and with that I stand for questions thank you for the presentation Lindsay and thank
you Dom we'll begin with council member H Heisel thank you mayor hey Lindsay thank you for all your
work on this um we are reaching out to the groups who have been uh denied just to let them know um
what they can do to strengthen their application for next year absolutely okay thank you council
member Glascock thank you that was one of my uh questions as well I was trying to read through all
the feedback on here the feedback for us I think is great on here but in terms of um the actual
applicant are we providing more information than just the funding recommendation feedback that we
get um not sure which packet you're looking at but series of bullet points under each application
that is what they automatically receive if they want to have additional feedback we'll definitely
provide it um of not the one applicant that's uh was not recommended for funding uh we will
reach out to them specifically they received funding this past year they didn't this year that
organization is going through some transition so uh we recognize and the committee recognize the
the great work that they do in the community but really was just looking for more of
a thorough application uh they provided all the required information but it was
a very limited application so it's not to discredit the work that they're doing but we
really want to encourage them to have a more successful application in the future
so we will provide that feedback thank you ly Lindsay um how much was allocated last
year for cultural funding um so for last year this current fiscal year that we're in we're in
about $472,000 through the operational Grant fund I had a couple more questions um I wanted to know
you mentioned the ARs Thrive call when will those uh be announced that's a good question applicants
yeah so we will bring that uh to to this body for approval once we get through them we received
quite a few more than we anticipated and and we're trying not to burn out our committee at at
the same time while they review it um we hope to have them reviewed within the next 30 days and um
get them to for approval uh that funding is for 2025 and the earliest funding could be exhausted
would be J end of January uh so so we are getting closer but we do have some time but uh we were
really thrilled with the amount of applications and now we're wondering like where do we find more
money because so many of the projects were great ideas and you mentioned um the professional career
development uh fund the artist access Grant when will those applications begin and will there
be a robust uh communication to artists yeah uh we anticipate them opening I'm nervous to
say on live mic but I think November 7th Jesse is telling me November 8th is when we anticipate
them opening on submittable and we always try to make sure that all past applicants know about
it um and we kind of have a big contact list but we'll send out a press release we will have
in information session so individuals can reach out to us and learn more about the program as
well out of full disclosure um I was a past president of the witcha Asian Association and uh
the nonprofit has zero paid staff members it's completely volunteers and one of the things that
was daunting was the application itself and so I really appreciate seeing uh organizations that are
much smaller like that also were outreached to and asked to apply so thank you for the Outreach to
the smaller organizations that are making impa I see no further questions for
staff we'll open it up for public comments good morning my name is gray Bishop I'm
current president of the witch jazz festival and I really appreciate I really appreciate all
the work of the committee um their support in helping us prepare our application uh the
extra sessions that they provided for everyone that was really was pretty fabulous um just
something about the witcha jazz festival we are all volunteer organization and we will
be celebrating our 53rd year in the spring we try to bring in jazz artists that are are
worldclass musicians and also Educators and so we help to put those people out into the
schools also to provide clinics and we have people that work in schools uh throughout the
year to try to help with education about jazz so it's really a wonderful experience and
this this money will go to help our cover our administrative costs for the festival so
thank you very much really appreciate itk you um hi I'm Andre Seward programming director for
Tallgrass Film Festival which is operated by Tall Grass film Association I'm Melanie Addington
executive director of Tallgrass film Association and I'm Sierra Franklin Morton I'm the assistant
director for Tallgrass film Association uh I just want to say thank you for considering this
funding uh Tass Film Festival is very important to me personally I started volunteering when
I was 15 at wi East High I now live in Berlin Germany but come back every year to participate in
the festival but it's amazing to see just how uh much this event brings to the city especially
seeing people from all over the world come to the festival learn about Witt and return either
making films are just returning to the festival it's also nice to be able to bring uh the films to
underrepresented communities in wiah uh especially I'm very proud of bringing more Spanish language
films to the community so they get to see stories in their language on the big screen there's lots
of other things we do but it's an amazing cultural institution here and I wanted to mention the
festival is next week our 22nd so we encourage everyone to attend I especially encourage you to
come out Wednesday to our free Wizard of Oz Navar Park screening I know our mayor will be joining
us along with Music Theater Witchita um this is a very large organization done on a very medium
budget with two and a half full-time staff um we bring hundreds and hundreds of people from all
over the country to visit we have international visitors um I believe we're actually much better
recognized nationally than maybe necessarily here in witto but because of funding through the city
of witto actually does help us continue so thank you and then just to kind of wrap up just a
little bit of an overview on the festival we do have a couple of great things that we
have including um hope in the Heartland which is going to be partially sponsored by
the City of witcha Hope you guys come out and see that also we have I'm really excited
for the showing of I needed Paris which is a documentary feature showcasing the students
at Gordon Park Academy that got to go to Paris and go through the streets that Gordon Park
got to go to and take photography of and we actually invited the students of Gordon Parks
academy to come and see themselves on screen which will be a very big impactful moment for
their lives and sorry one last thing we want to thank the city also for supporting we are
bringing Kevin John Goff the great nephew of Hattie McDaniel her family has never returned to
witcho for all of this time and you are providing a key to the city and they are very excited and
he's actually looking to make this his second home to make the documentary about her life so
thank you for making that happen thank you very much I'm Kathy Grant with music youth partnership
I'm the executive director I am just thank you so much for the privilege of uh of this funding
of for the important work that all of these nonprofits do um we are only two and a half years
old uh we started with in in one school we're in usd259 schools uh and a uh just a support to the
band directors who do so much uh we started like I said uh two and a half years ago in one School
uh as this year we are in six schools and growing we uh intend to be in every school so what we do
is we hand instruments to kids that struggle to get them any other way I had the opportunity in
May to go myself and hand seven instruments to to students who had to turn their instruments in
not thinking that thinking that they would never touch an instrument again that instrument again
uh they were going into high school and had to relinquish their instruments uh the band director
called me I brought the instruments right over and those every one of those kids just tears filled
their eyes we're talking about eighth graders so it was a very moving I cried all the way home
so um we um we are are mentors we pay mentors to go into these schools middle schools and high
schools and and the the this high school that that that middle school feeds into so that our mentors
will will be with those kids the maximum amount of time and then um after they graduate from high
school we plan to provide scholarships for kids to go to college we're working uh close partnership
with Butler County Community College which wants to welcome those kids into their schools um many
maybe most of those kids never had a family member that went to college so it will be foreign
to those people uh music youth partnership with the scholarships that the schools provide we
want to provide scholarships that will pay their living expenses because they'll have to get there
and um so I just uh thank you so much for the privilege um I always say that we're not in this
to build musicians we're in this for kids to see the Beauty and the disciplines of music education
and what that can do for their lives thank you so much you Kathy good morning I am Colleen director of
development for PBS Kansas good morning I'm Lyn wolf Director of Education for PBS Kansas
and we just wanted to thank everyone for the opportunity to be able to apply for this Grant and
to be able ble to continue to fund what our city looks for in being able to provide the services
and programming for our kids for our adults for the different events that we can provide for you
guys so we just wanted to say thank you thank you good morning Denise Sherman the executive
director the Kansas African American Museum thank you so very much for the support and the
funding that you afford us as we continue to move forward with our programming our operations and
being a part of the central location here in the M uh downtown area this is so very important
for us because we're at a critical time when making a move to do something bigger and grander
than what we've done before takes a lot of effort energy and a lot of support So this crucial time
for us is so appreciated that you are seeing that we are a part of not only the core of the M
of the city but the advancement of the city we appreciate the fact that you recognize the
artistic the historic the educational and the cultural components of what we do and so as we
continue to expand and move forward we just want you to know that it is so very important that
we stay in front of you and that you continue continue to work with us and as um our former
uh our previous executive director Melanie who spoke from Tass is the opportunity also to
collaborate with other organizations within our same uh area because they had mcdel is part of
our story too and so when we have an opportunity to collaborate and partner and look for ways
to expand our Collective and our intersecting messages it only makes it Greater so thank you
again and I certainly appreciate appreciate it thank you very much to all
the speakers oh there's one more hi my name is Amanda alessie I'm the
director of the Great Plains Nature Center um for those of you that aren't aware the Nature
Center is a partnership so I'm am with the city of witw Park and Recreation we also have us
fish and wildlife service Kansas Department of Wildlife and Parks and a nonprofit the friends
of the Great Plains Nature Center who have very gratefully been recipients of this cultural
funding and I just wanted to point out um the council member glasscock's question about the
comments and the feedback um so we've benefited from this grant process not just financially
but through that feedback and not and not just for the next application but the nonprofit as
a whole that feedback has made us stronger when we've taken those recommendations from the
committee um it has built our nonprofit and so and to a stronger more healthy nonprofit
um and that's benefited us with other Grant applications and other things that we've done
so I just wanted to thank the committee and let you know um the great work that they're doing
and how that's benefited the community thank you thank you to all of our speakers really appreciate it we will close public
comment and bring it back to the bench council member tutle thank you it'll be
very challenging for for me to not make comments regarding this but due to a personal conflict
of interest I must abstain from this vote thank you I am really proud to move this um item
forward um I really appreciate Lindsay's feedback regarding the financials this is
an investment into nonprofit organizations that are doing great work we're a small
piece of the funding that you all need and hearing you all talk about collaboration and
further advancement uh together I think is how you harness the dollars to a greater amount
and so I really appreciate the efforts by staff in trying to educate Community about the funding
mechanism so that it is Equitable and that people have access and know how the process works um as
a council we get lots of requests to fund uh youth programs uh even uh youth groups that that want to
do whatever you may think and the reality is there are only limited dollars and we have to be good
stward and there are application processes for a reason and so we appreciate uh the cultural arts
funding board as well as the staff and helping share that information with community so that they
can apply and then be successful candidates to get this funding um that really just helps Kickstart
how other community members can also help support so thank you uh to the staff and to the
volunteers at the committee and to all the organizations that are really moving Witchita
forward and we appreciate it as a whole Council uh so thank you for your heartfelt messages um it
is these types of intentional Investments that uh make me very proud to be on this uh council
with these council members so I move to approve um the funding allocations recommended
for Arts and cultural organizations by the cultural funding committee and authorize the
necessary signatures second motion and a second any further discussion I see none Madame clerk
please open the role motion passes six to one exstension Madam clerk please call the next
item real time information center flock purchase good morning mayor and Council Captain Aaron
Moses the executive officer of the witto police department here today to discuss a a request for
authorization to move forward with additional flock uh license plate readers and additional
gunshot detection technology I always like to start with this this is how we started all of our
uh Town Hall meetings in your council districts to discuss why why we're having this conversation
I know everybody in this room is very familiar with this group uh it's something we took to
heart in the police department identifying that crime prevention was a lower quality
higher importance issue for our community real-time information centers gunshot detection
technology and automated license plate readers help us to move that crime prevention aspect
to higher quality higher importance which is where we obviously want to see that be for our
community some background on how we got to where we are on November 7th 2023 the witas city council
approved receipt of the 2023 cops technology and Equipment program in in Invitational solicitation
Grant and the 2023 Bureau of Justice assistance National Public Safety partnership Grant those
grants total an amount of $2.15 million and the purpose of those grants was to implement a
real-time information center in the city of witchta one of the items we're asking for
authorization to purchase with those funds is additional uh flock automated License Plate
Reader cameras we began as one of the earlier adopters of flock technology and law
enforcement in November of 2020 since we have started installing those devices in our
community uh we we have recovered at least $5.4 million in stolen property and those cameras
have led to clearances of multiple violent crimes including some homicides uh the de some
of the details on how the cameras work they take photographs only and those photographs are
purged after 30 days unless they are used in an investigation uh additionally I will add we've
we've strengthened some of our uh language and the agreements we have with with flock after
some Community concern to make it very clear that flock does not own these photographs um a and they
cannot retain them after that 30-day period either or sell them uh as far as gunshot detection we
started beta testing it gunshot detection in our city with flock Raven is what it's called in 20122
that was based on fiveyear a five-year look back of gun crime data uh and the high or the hot spots
that we identified were in Council district one and Council District 3 uh based on that testing
period the uh alerts that have been generated off of The Gunshot detection uh software and 911 calls
and reports we've identified an under three 83% Under reporting of gunshots to police in those
areas that can be for any Myriad of reasons uh people don't want to call 911 people don't want
to be identified as being as calling 911 a lot of times uh we see that people believe that someone
else is calling 911 so they don't feel that they need to what we heard through our town halls that
we had is is the desire to have police respond when people hear gunshots in their community that
makes sense uh we can't respond if we're not being notified that they're happening so this is a way
to uh deal with that 83% of Under reporting in the uh test areas uh because we anticipate that that's
also occurring in other parts of our community as well uh one reason we wanted to move forward with
the beta test first was to really evaluate the reliability of this technology uh before we move
forward with a purchase uh using Grant funds or uh City funds and this is a direct notification
system there is no third party involved sometimes you'll hear of gunshot detection uh systems where
uh sound is captured that sound is sent off to a person somewhere else to evaluate and determine
whether this is these are gunshots and then make a notification to 911 the way that this system
works it integrates with our flock automated License Plate Reader cameras and there's
a direct notification to officers in the field who are logged into the system that say we
identified gunshots at this location uh based on triangulation of three separate three separate
sensors that hear those gunshots um to enhance the real-time information center that we're
moving forward with we seek again to expand the flock safety Falcon that's the automated license
plate readers uh to add an additional 31 license Plate Reader devices um 10 of those devices are
purchased under a 5year agreement to reduce cost and then in additional 21 devices are purchased
under a two-year agreement those are lumped in with the gunshot detection sensors um and there
is a 20% discount based on existing infrastructure that we already have uh we currently have two
square miles of gunshot detection coverage in district one and District 3 what we're seeking
to do is expand that to add two additional square miles and cover a hotspot area identified
in District six based on that 5year gun crime data uh just the financial consideration the first
10 flock Safety license plate readers uh it's a cost of $151,500 that's the uh upfront cost for
uh the five years and that's utilizing the grant funds after that five years a funding source
would have to be identified uh if the system is to be continued and then for the 21 license
plate readers and the expansion of The Gunshot detection uh coverage it's $186,100 that again
includes a $20,000 discount based on existing infrastructure and at the end of year two uh the
ongoing costs are estimated at $ 18 183,000 which would require identification of a funding source
again for public engagement um as we started this realtime information center discussion o over a
year ago um if not before that it was made very clear to us that Community engagement and public
engagement was very important uh we took that to heart we had uh Town Hall meetings arranged
at each of the city council districts those occurred this summer into the fall with the last
one being um Council District 2 in September uh we facilitated discussion with residents
about uh real-time information centers and about gunshot detection specifically uh the
feedback about The Gunshot detection software was was mostly positive uh there were some some
privacy concerns which uh we took note of as we moved towards policy development uh but mostly
it was positive saying when can you turn it on uh we want this in our community we want this
turned on and we want you to be able to respond to the information it's providing you uh we do
intend to continue public engagement throughout the policy development process related to gunshot
detection uh just legal consideration city code section 2.64 provides for sole source procurement
when items are only available from one firm and when purchasing elsewhere would be economically
imprac iCal obviously we are heavily invested in the flock infrastructure at this point uh
with uh over 160 cameras in our community currently uh so utilizing the flock alprs makes
sense to expand on that investment and the fact that the gunshot detection software interfaces
with the the current uh notification process that officers use for the automated license plate
readers the law department has also reviewed and approved the 2021 agreement uh for flock and the
additional purchase would be added added added to that agreement the recommended action is that
city council approve the contracts with flock safety and authorize the necessary signatures
just some additional background on real-time information centers one study from the Journal of
Criminal Justice showed that realtime information centers lead to an increase in clearance rates
for violent crime of 5% for property crime of 12% and overall an increase of 11% uh and just to
give you some data on where we're at today uh the most recent statistics that I got from our crime
analyst section yester yesterday show a decrease in driveby shootings over the 5year average of 12%
a decrease in aggravated assault and aggravated uh battery with Firearms where they are discharged of
5% over the fiveyear average but uh we have seen a increase in the past 28 day period uh a relatively
significant increase and we believe technology like this would help us address that that increase
in our community uh as far as the realtime information center itself the RFP results for the
construction of the physical realtime information center were brought to you I believe in August at
the evening meeting when you discussed the budget uh the constant technology was selected to do the
construction and we do current we are currently in the RFP process for the actual operating system
of the realtime information center uh and another reason we are moving forward with flock is the
uh interaction that that software will have with with flock technology so I'm happy to stand
for questions thank thank you Captain Moses questions for staff beginning with council member
hoisel thank you mayor and thank you Captain I appreciate all the work this has been um pretty
well received in my district except they are wondering if um The Gunshot detection can capture
illegal fireworks so yes so uh not necessarily illegal fire fireworks but one thing we saw when
the beta test period started was an identification of fireworks um the this technology uses machine
learning not necessarily AI but machine learning uh and we're able to provide it feedback and
say no that that was fireworks we've confirmed that that sound that you heard and thought was
gunshots was fireworks and it will then learn and say okay I'm not going to notify on that sound
in the future but know illegal fireworks would not be something that the uh gunshot detection
software would would notify us about okay yeah well they'll be disappointed on that one I'm aware
um is there any federal oversight of the flock company that you're aware of um what do you mean
by federal oversight uh I mean there's a lot of privacy concerns um you know justifiably so with
the community so is there anybody that's looking into um their practices that can um essentially
audit every once in a while and make sure that they're um they're following through what they're
into the contract I am not sure if there's Federal oversight of flock I'll make a note to follow
up on that uh but obviously the Constitution uh of the United States would be certainly
a lot of federal oversight about how this system can be used and uh the Fourth Amendment of
the Constitution protects uh every citizen against unreasonable search and seizure and we intend
to incorporate a lot of protections uh for the community and guard rails guidelines on how this
system should be used into our policy and that's why we want to continue public engagement through
the policy development process yeah and you guys are doing a good job as far as um the oversight
on our end um it's just a concerns with the the bigger company there that we don't necessarily
have the power to to um dig into and on that note who who deletes is it flock they have the
information as far as the the pictures that are get taken of the license plate so they're the ones
who are responsible for deleting the pictures yeah they're automatically purged after 30 days unless
they're used in an investigation um but but like I said we actually strengthened our mou we worked
with the law Department to do that a few months ago as we were working through these discussions
to strengthen that mou to make it very clear flock does not own these photographs flock cannot sell
these photographs flock cannot do anything with the photographs to be honest with you they don't
have an interest in that um and the flock CEO has visited here to wit himself and and made that very
clear okay um last question uh we talk about um the continuing the need for um continuing funding
going forward um are there grants out there that we feel pretty confident we can uh apply for
that would help with the continuing funding or have there been other sources identified that we
might dig into uh for that funding uh we haven't identified the sources at this point but yes there
are we're always looking at Grant uh information in order to Encompass some of these ongoing costs
um I'm technology is a high Grant item in our world uh there's always grants out there for for
emerging technology so that's certainly something that we would continue to evaluate moving forward
yeah appreciate it vice mayor Ballard thank you mayor um thank you so much for the presentation
so how how much more coverage will this provide so the beta test area is currently two square
miles split between district one and District three we are seeking to uh we haven't paid
for that two square miles because we've been a beta test partner with flock um so they came
in they installed the actual physical equipment and let us have access to it officers have not
been responding to it uh but we've been using the information to we've been using the system to
verify the accuracy of the information for flock uh what we're going to do is we're going to
purchase that two square miles and then add an additional two square miles on top of that does
that make sense kind out four square miles total in the city is what we're seeking to have so the
337,000 will cover four square miles not two it will cover four plus 21 flock automated license
plate readers so those are bundled together in the cost breakdown okay that was the only I've
only received um questions from one person and they were concerned about spending $337,000 for
two square miles but that's not the whole story no it's it's I just want to make sure that we're
understand yes everything we're talking about today is actually 31 additional automated License
Plate Reader cameras what we currently have and then four square miles of gunshot detection and
those are separate separate devices so the The Gunshot detection Dei devices are actually
completely separate from the the automated license plate readers they are separate physical
devices okay thank you council member Johnson thanks mayor thank you Captain um just wanted to
say I appreciate the presentation and information and it was pretty eye openening at the Town Hall
um looking at the effectiveness of The Gunshot detection and seeing that they had or the system
had triangulated down and found some shells and people hadn't called in and it's really a serious
issue for people to hear gunshots and not call and so many people think somebody else did so I'm
supportive of this appreciate the presentation and seeing how the licensed play readers have worked
has been pretty amazing and and how U it's helped out with law enforcement so I'm supportive and
just wanted to say thanks for the presentation thank you council member Tuttle thank you I'm
gonna pile on a little bit Captain thank you for your presentation Mike as always steals my
questions um I did yesterday I was driving down Kellogg and at Kellogg and web I saw a billboard
for the save a casing program so I wanted to applaud yall for doing that and it really made me
think we have the violent interrupts we have save a casing we have this there's so many great things
that you're doing just working in conjunction and it's 21st century policing I always say I like
cops on the ground but I also like to utilize the tools that we have um you provided fantastic data
um and and I always appreciate that as our good friend Andy Cohen from the American for the art
says all data should have stories and all stories should have data I know some of the stories that
the flock camera system has been successful in really saving people's lives could you share
just one or two yeah absolutely it's been a great tool for us on uh reported abductions so
when officers are responding to the area perhaps a reported abduction in a certain area of the
community our officers can go in and search the cameras in that area to identify a vehicle uh and
that's led to rapid recovery of of juveniles uh whether it be a stranger abduction or a familial
Abu abduction those are the ones that really jump out to me additionally it's helped in cases of of
homicides where there really is no information and we're able to piece everything together with
with the automated license plate readers to bring Justice to to victims and I appreciate you
talking about 21st century policing one thing I wanted to touch on was uh how this fits into Chief
Sullivan's uh vision for the police department and the three goals that he's set out for us which
are to increase Community engagement to reduce violent crime and to and to uh leverage technology
and truthfully a realtime information center fits into all three of those it's going to allow us
to push out information to the public um it's going to allow us to hopefully have an impact on
violent crime rates and it's certainly going to allow us to leverage technology thank you Captain
you nailed it thanks council member Glascock thank you mayor um so we're R viewing the financial
considerations um I noticed that the shot detection component uh cost beginning in year two
are estimated to be $180,000 annually they said that we' identify later if they would be continued
I imagine that'll probably just come out lease budget is that the I mean next year is pretty
quick so we're already getting ready to go into budget conversations at the start of the year so
have you identified where the shot detection will continue uh we have not identified that today and
I just want to clarify that 183,000 is not just the gunshot detection so that's gunshot detection
and 21 automated license plate readers um so we certainly have the opportunity if in a year we
want to reduce that cost we can take off the automated license plate readers uh and keep the
gunshot detection we can look at what that does to cost there are certainly options we wanted to make
sure that we had you know what we call off-ramps here that that looking at the city's financial
situation and the benefit of the system making we know that there's going to be some tough decisions
moving forward so we wanted to give ourselves the flexibility to make those decisions um but just
to be clear the 183,000 is for both 21 of the automated license plate readers and four square
miles of gunshot detection so 21 of them so what is the fiveyear continuation that is 10 automated
license plate readers so we we separated them to to reduce costs up front and those 10 uh license
plate readers it allowed us to have a reduced cost on those 10 if we spread that out over five
years okay fantastic um in terms of the 31 one total flock devices do we have a Maps can see
where these flock cameras are located as well we don't uh we don't publicize exactly where we put
these cameras out of a concern of people damaging them we have had people damage these cameras and
certainly we want to Pro protect the investment of uh that our community is making what we do is we
look at at crime in our community uh high traffic areas near those areas of crime and deploy them
Based on data I know um you've you briefly hit on this too we've seen you know use of some flock
and other communities can you talk about the mitigating factors to make sure that's not going
to happen here absolutely we have a strong policy that that flock has actually started to talk to
other agencies about uh regarding our policy on auditing and our policy on requirements for the
system so flock requires or our policy requirement for our officers is in order to search the system
you have to use a case number uh that allows us on the back end in an audit to ensure that officers
are accessing the system uh as they're supposed to and we also recognize that there are going to
be situations like a child abduction or something that's happening right now where there may not be
a case number assigned to that incident yet and so the direction in our policy is that officers
have to write uh an General location that they're responding and what type of call they're
responding to the bottom line is we verify that our officers are using the system in response
or in an investigation into a specific incident uh what we've also done is we've had discussions
with flock about expanding uh essentially positive acknowledgement to other communities that may
have access to our flock License Plate Reader data to say that they will have similar policies in
place and they will also conduct audits of their of their officers use of the system okay last
question I have total fla cameras how many do we have in the city right now 160ish is that public
and private or is that just what we have I believe that's both you know how many of those be private
I don't but I can get that answer for thank you appreciate it council member Johnston thank you
mayor uh Captain how long has the flock company been in business I know we started in with them
in 2020 November of 2020 and we were one of the early adopters of the license plate readers back
then okay what other cities are they in uh pretty much everywhere um so they're they're expanding
their presence in Atlanta Georgia they're in Texas they're they are the leading company as far as as
automated license plate readers go okay thank you I see no further questions for staff thank you
Captain Moses we will now open it up for public comment I understand the the value oh Doug
Ballard I live in Riverside understand the value of it as a tool but um what I have a couple
questions number one's what's the lifespan of the equipment okay and the my other question is once
you start down the this the whole soul soul source is always a concern of mine understand the value
of it and all that but once you start down a path when you're only using one company will another
company ever be able to bid on this kind of work yeah as far as the lifespan on the equipment
I don't have the actual like range of lifespan but I do know that flock works very closely with
us to uh make repairs to equipment when we need to um that's been pretty limited other than
people damaging the cameras uh what we have seen ironically is uh these automated license
plate readers are actually powered by solar uh and so in the winter we have some challenges when
it's cloudy that we'll have cameras fall offline uh because they're not getting solar power
so that's been one of our challenges uh but obviously when it's a sunny day it Powers right
back up as far as the soul source is concerned I app we appreciate that concern and we actually do
um we actually do have multiple different vendors of of license plate readers that we have used in
Witchita another vend I know of that we currently use and have used in the past is L sag uh it's
just a different functionality uh additionally we're currently testing um we're currently T
testing what's called axon Fleet which is an axon product it's a dash camera that also function
functions as an automated License Plate Reader and I see Josh lobber behind me to hopefully answer
that question a little more thoroughly than I did morning still morning morning mayor council
Josh Department Finance um Soul sourcing is is very important in procurement in city code
2.64 there are specific buckets that are outlined that the governing body can use in a
procurement policy and the procurement policy in this instance is sole source um when you
approve this item you're outlining the terms and conditions you're approving and that includes
the years so once the years expire we can come back to you for new authorization as a part of
our board in bids and contracts presentation you will see the ordinance question and that's
the item that will be Exempted from competitive comparment any further public comment
I see none we'll bring it back to the bench I'd like to take staff's
recommended action approve the contracts for flock safety and authorize
the necessary signatures second Motion in a second any further discussion I
see none Madame clerk please open the rooll motion passes 70 Madame
clerk please call the next item temporary operations at which tall Water Works good morning mayor and council members Gary
Jansen Public Works and utilities uh the item before you this morning is consideration of
a contract for temporary operations support at Wist Waterworks uh as you're all aware
we have reached substantial completion of the facility had a great event week before
last all of you are able to be there I'm glad you could be there um we are now moving
into a phase where operations uh have become a critical focal point and so we've got to have
staff to be able to do that so right now between now and March April of 2025 we've got performance
uh testing going on what we talked about before is commissioning and startup that's hydraulic flow
and chemical test process performance testing uh with a goal of final completion in April of 2025
so we've got training in intermittent operations during that period of time we've got training
underway now with the staff that we have uh again shooting for full-time operations in April
keeping in mind too that our existing Water Treatment Plant we will stay in operations during
that same period of time probably through all of 2025 we need the ability to work this new plant uh
make sure it's been tested in All Seasons demands Source water blend scenarios so we're estimating
right now U probably from April through the end of 2025 operating both plants which means we
need more staff to be able to do that so this is the same plan we've been working on for some
time uh we talked about this a little bit in July with the approval of the contract for OTS uh that
depending on our recruiting efforts we may need uh additional support for making the transition
in operations so 20 new 20 new positions were added to operate the new plant that included plant
manager supervisor process control specialist uh and overall oper operation in maintenance we've
done a pretty good job in every area except for process control Specialists there's some factors
associated with that that I'll talk about in just a moment the PCS positions require class four
water operator certification and prior experience operating a water treatment plant so again we
filled uh most of the others uh were struggling because there's uh some issues related to these
positions across the country uh that's presented some additional challenges so what we've done
with recruitment efforts since February has has been really robust staff's done a great job we've
had a lot of people all Hands-On Communications uh Department's been involved with this we've
had some staff specifically dedicated to this but just to kind of run through this list and talk
about some of the things we've done and then I'll talk about some of the other challenges that are
currently in the market related to this industry uh with the council support and collaboration uh
with SEIU we were able to increase pay rates by about 40% still not probably where uh we would
like to be compared to where the industry is but that did help uh we have a competency based
Matrix if you will for compensation of these employees which allows them uh if they want to
get additional training certifications uh to help enhance basically create their own incentives
for additional pay we had a recruitment contract actually we've had several of those temporary
labor requests through CIO industry job boards we've also had job job fairs and same day
interviews at the treatment plan direct emails to employees at other Kansas utilities and
through uh K Municipal utility organization social media candidate sourcing and targeted posts on
LinkedIn working closely with human resources this effort is going to continue regardless of
of Your Action today and we're going to try to add some additional incentives working with HR on
hiring bonuses and relocation bonuses to see if we can get more folks hired in the meantime so on the
four of these positions in particular we've had three qualified applications two offers were made
one successful hire um which is not where we had hoped to be but it certainly wasn't for lack of
effort so I'll tell you too uh Across the Nation there is a shortage of treatment plan operators
for a variety of reasons we've seen reports from the American Waterworks Association from the
EPA uh there's kind of we talk about the silver tsunami in a lot of Industries there's a lot of
folks that have been retiring and there's not near as many younger people coming up through
one of the things that we have really stepped up on through this process and will continue to
do is make sure uh what we can do for outreach and education whether that's starting in high
schools uh trade schools there's not everybody understands what these positions are and that they
are out there it's pretty cool stuff working with technology uh even if we're not meeting current
market uh compensation and benefits through the city we think are are good uh but because
there's such a shortage across the country it makes it even more challenging to meet those uh
pay standards and to get folks to move from where they might be at so the uh I've saw some recent
stories again working with uh um other agencies too we're not the only ones that are struggling
with this um city of Arc City recently had had uh some challenges on a cyber security attack they've
got to run every all their operations manually they're trying to hire operators too not sure how
that's going but there's a need out there and so we we're going to keep moving forward we're going
to keep up the effort we're going to try to offer some additional incentives but in the meantime
uh we really need to move forward with additional help and support by way of this contract one more
thing I'll say about this too is I think everybody knows it's 247 3 65 days a year right we've got to
operate this plan it's around the clock that has also become a challenge I think for the newer
generation not everybody wants to work those shifts necessarily so that's been the hard part
too we've talked to some folks who I think would had been more interested if we could have promised
them a first shift position but that's just not possible so that's been one of our challenges
that we've faced too so count I mentioned that the city council approved a contract with OTS in
July of this year for technical support including development of standard oper operating procedures
maintenance programs and risk management plans that work is underway now moving forward with
uh our staff being engaged the contract did not include Hands-On operations we did talk
about the possibility of having to come back to this point depending on the success of our
recruiting efforts I mentioned this before and I'll mention this again uh we we continue to
recruiting efforts while negotiating terms of this supplemental contract and we will continue
to do so so for the contract itself uh some of the initial terms is OTS will provide certified water
plant operators again full-time 247 availability with a necessary level of Prior experience at
the point in time where we are at now needing to bring the plan online in April we've got to find
experienced operators that's one of the benefits that they can bring to this uh over the course of
time we've had to bring we've promoted our staff which is good we've brought others in that didn't
have the necessary experience at the time we had the flexibility to train them right could take
over several years we don't have the time to do that now unfortunately they're insured against
liability by OTS and they have the ability to provide substitute operators as needed Whenever
there may be absences which brings a real value to this the good part about this is the contract
can be canceled in whole or in part within 60 days notice if City's hiring efforts are successful
so we will continue our recruiting efforts if we bring folks on um that will take off part of their
contract and and hopefully save us money long term OTS is certified with the city as an emerging
business Enterprise and I want to mention again operation of both plants will continue during this
time and remained under control of the city so even the Operational Support that they will be
bringing in will be under the direction of our supervisors our managers to make sure that we have
a smooth transition as we go through this process so on the fin Financial considerations for the
contract is a one-year contract with the option to renew for one additional year total cost is
not to exceed $1,285 th000 per year City will continue recruiting to fill all positions and
as I mentioned the contractor level of effort and contract cost will decrease as positions are
filled funding is available within the existing adopted operating budget I might mention what's in
the box there so we did have uh funding programmed within our operating budget with the hopes
of hiring the staff ourselves so the net cost increase for this contract is just under $800,000
with that staff recommends city council approve the Professional Services contract with otss
approve any budget adjustments and authorize the necessary signatures and I'd be happy to stand
for any questions thank you Gary we'll begin with council member ho Heisel thank you mayor um
thank you Gary can you go back to that last slide okay so that 491 number there there 491 th000 um
that's not the unfilled positions that we have now is that the savings from the unfilled positions
or is that something we already had a lot that's the funding that's the budget we had programmed
to fill these positions if we were going to hire them ourselves okay how many positions are we
short right now we ideally we're hoping to hire five to six more operators okay uh about what are
the average salaries of the five to six positions so right now um our average salary and I can give
you an hourly rate for certified water operators is around $ 32 to $39 an hour and and and I'm glad
you asked that because one of the things I wanted to mention across the industry what we've looked
at even with that increase to get to that point um utilities our size are typically paying up to
$50 an hour okay um and none of the workers from the the plant we have up and running right now
are any of those going to be eligible to come across this and do this do any of them qualify
or they they will all of the above we're going to need more operators when this new plant comes
online so even with increases in technology and efficiencies um there's a lot of new things that
are happening here we need to make sure that we stay on operations and maintenance from the very
beginning uh we've got a lot that we've got to uh mitigate here from a risk standpoint so we're
going to need more operators at our new plant than we do at the old plant we're going to work all of
them in between right so what'll happen is if we move forward with this contract bringing qualified
operators they will help train we'll have uh uh people moving back and forth between the current
PL and the new plan to get everybody trained up hopefully to take the old plan offline by the end
of 2025 and have everybody there at the new plan at that point any of the operation support that
OTS would provide in the meantime if they're still part of the process they would no longer be there
after the end of next year okay um and a side note I guess or side question that group that's looking
at what to do with the old plant have they met yet um where are we in that process so actually we're
going to be discussing that with council at the workshop next Tuesday okay appreciate it that's
good council member Johnston thank you Mayor Gary you know we've approved some more money for
positions we approved uh six more months warranty and now this do you foresee any more request for
additional funds to get the plan up and going we have uh so one thing I had mentioned last time
I was here in front of you for the change orders we've got uh one last item in particular uh as we
come into the final months here uh related to the converting the existing raw water line to finish
water line so there were some costs associated with that they were actually part of change order
number two and at the time and it's also included in that change order we said we'd have to come
back to the council for final cost we're working through details with kdhe on that now uh that's
a fairly unique situation we knew early on that that's what was going to happen to convert that
but didn't know what the requirements would be uh depending on the condition of the pipe what we saw
there so we're staff's working with kdhe now in fact we're supposed to have some more information
on pricing and the following week but that's one thing that I know that will have to come back
before the council I don't know what that cost looks like yet um but there could be some other
things to wrap this up once we get through April that's the one thing I know of otherwise I'm I'm
not aware of any at this time how much is left in the budget that that could pay for those cost
so we have and I can give you an exact number if I can get back to you on that but I know
within the capital side of it for the capital Investments which would be the item I was just
talking about there still is funding available what we're looking at today comes out of our
operating budget which was put in place as part of our rate structure knowing that we're going to
have to operate both of these plants through some period of time last question is what happens to
the employees at the old plant close the old plant they lose their jobs or we'll Ming everybody we'll
be moving everybody to the new plant again this new plant uh is going to take more staff than what
we've gotten now I'll just tell you that we've been running leaner than we wanted to for some
time time that's not necessarily out of choice that's because we were still we were struggling
to hire people even then at different times is we we had staff who knew the old plant who knew how
it operated we were able to make that work more so uh with people working a little bit longer
shifts having knowledge of the facility makes a big difference with this plant being brand new
new technology and a lot to learn we're going to need more people um so no one's losing their job
everybody's moving up there during this transition period is when we'll be doing training with staff
um but it's critical to make sure that we've got operators to keep the plants going first and
foremost well I'll tell you what'll happen at some point in time what we're hoping for is
if we've got the ability this same thing that we're talking about here now is going to need to
happen with our BNR project here in several years we're going to need additional staff we're going
to need staff with diff uh different T training and qualifications I think it's very practical
that if we have the capacity that some of the staff that we're bringing on now once we get the
water treatment plant going and feel comfortable with where we're at some of those staff may be
able to tr uh transition to help us with bringing BNR online thank you Gary can you talk about some
of the requirements that are needed to become an operator so that folks can start thinking about
this being a career choice um I might defer to staff I've got two of them here that can probably
talk better better than me about this Dawn or lur if you want to because I want to give you a
better answer than I would be able to give you uh don Henry Public Works and utilities
the standard requirement for a licensed uh water treatment plant operator in Kansas is
a high school education and then two years experience working in a water treatment facility
and then um during that two years there's also an Education and Training period to qualify
for testing and and then ultimately to work in the city's plan it requires what's called
a class four certification so it's that that um high school education two years training and
a plant and then passing the exam for the class 4 thank you see no further questions
for staff we'll open it up for public comment no one from the public
we'll bring it back to the bench I oh council member toddle thank you um
thank you for the presentation thank you to all your staff a shout out to Laura quick thank
you I know you've been working extremely hard on this been creative you've been diligent and
I appreciate that just on an interesting note and I mentioned it that this at my district
Advisory board meeting last night because the drought in the Water Treatment Plant came up in
2019 when I was doing my onboarding and going to to meet with each department I asked the
each department four questions I asked them lots of questions but four consistent questions
and one of the questions that I asked was other than more budget what do you need and I remember
clearly Public Works in 2019 saying we need more staff we're seeing a trend of people not going
into these industries and so you know this now having this amazing opportunity of having a water
treatment plant is just exasperating that so I appreciate all of your efforts your hard work
I think you've exhausted every opportunity that you can that brought us to this solution and we
have to get this right this is the largest piece of infrastructure our city has ever seen I think
it's going to be an amazing project something that we'll be proud of for the next 100 years so I'm
going to be very supportive of this today thank you I will Echo the same message council member
Tuttle has mentioned and that is um I'm really trying to encourage a lot more Young people to
consider options outside of going to a 4-year University and that there are really great
paying opportunities for careers um and thank you for the requisites that are uh necessary
to become an operator like you mentioned high school graduate uh two years experience in
a plant and qualify for testing are really the requirements to become an operator and
right now we're hiring five to six operators um and they will eventually get paid between 32
to $39 an hour these are great paying jobs and so um I just wanted to mention that again
more people need to be interested in these types of um critical roles for infrastructure
and anytime I'm able to highlight that it's a great opportunity with um very small barriers
um that we should be uh emphasizing the these opportunities to the community so thank you U for
sharing all that information so I will motion to approve the contract with OTS approve any required
budget adjustments and authorized the necessary signatures second Motion in a second any further
discussion I see none Madame clerk please open the role motion passes 70 Madam Clerk pleasee call
the next item Co 20243 amendment to co 2012- 44 to increase square footage of a restaurant
generally located on the northeast corner of East Douglas Avenue in North Oliver Avenue
4800 East Douglas Avenue good morning Mary City Council Members Philip Zen Bergen with the
planning department here to present on behalf of Scott wle the application before you is actually
coming back to city council you guys considered this First on August 13th and uh your motion then
was to send it back to the Planning Commission for further consideration that meeting took place on
September 12th and here we are today as a reminder the applicant is requesting this amendment to an
existing conditional use on the property in order to increase the square footage of an existing
restaurant after the city council considered this in August and before the Planning Commission
reconsider the item the applicant did amend the request uh the original request was to increase
the square foot but also to remove the prohibition against outdoor speakers and um outdoor TVs on
their patio so that was the original request the request that was considered by the Planning
Commission was just to increase the size of the restaurant they actually removed their um
request to allow for outdoor speakers and outdoor TVs which if you remember were one of the major
sticking points with public comment around the area with the concern of the nuisance factor of
uh noise in the neighborhood and um issues related to that also as a reminder this item is before
you today the original request had different dab and mapc considerations um again most of that was
related to the ability to have outdoor speakers and TVs um but more importantly the application
was protested and we'll get to that in a second did exceed the 20% consideration so there are vote
some some vote considerations for you today as a reminder the applicant had an existing restaurant
and and there was a connected retail space on this property and when that retail space became
available uh they did a zone change to allow for micro Brewery that was approved and now they're
looking to expand into that space and it also includes some additional restaurant seating um
which is why we're here today the conditional use originally limited the size of the restaurant
um which had a in terms of square footage which of course impacts the seating and so they're
looking to increase that the site is located at 4,800 East Douglas Avenue which you can see
on your screen it's at the northeast corner of Douglas and Oliver it consists of three Parcels
it's .17 acres in size and has three different zoning classifications of General commercial
neighborhood retail and B multifam the conditional use is primarily related to the B multif family
which is for ancillary parking but the ancillary parking had specific conditions on it related
to the size of the restaurant the subject site is currently developed as a retail building
and the uh or the commercial building and the associated parking the context to around this
area the properties to the north are Z general office and B multif family and developed with an
office and a single family residence respectively property to the east is own limited commercial and
is a developer of the bank property to the South across Douglas is Zone limited commercial and
developed with stores in a restaurant and property to the west across alliv Zone limited commercial
and developed with a strip mall the stuff report provides information about noise and limitations
as well as the existing conditional use and the zoning on the site in terms of review um the
Planning Commission originally um considered this request on June 27th and that that meeting
they deferred it to the July 11th meeting on July 11th they recommended approval with a vote of
seven to four with one exension um again this original request included the ability to have
outdoor speakers and TVs on July 1st the district Advisory board for district one considered the
request they recommended approval with a 5 to2 vote with one exstension um they approved the
expansion of the restaurant and allowing outdoor speakers but did not allow outdoor televisions
which deferred from the original Planning Commission recommendation as I said before the
city council first considered the item on August 13th and the motion was to send the or there was
original motion to approve but that failed and so the second motion was to send the case back to
Planning Commission which was approved 7 to Zer on September 12th the Planning Commission reviewed
the applicant's revised request and that was only to increase the size of the restaurant and remove
the request to permit outdoor speakers in TVs and the mapc recommended approval with an 11 to
zero vote as a reminder this case was protested here is the zoomed in version of the protest
map the protest equal 29% of the eligible properties which does exceed the 20% that's
set by State statue therefore in order to approve this request the council must have a
super majority votes which requires six out of seven council members it is recommended that
the city council adopt the findings of the mapc approve the requested Amendment authorize the ne
signatures and instructed city clerk to publish the resolution after approval and again this
requires six of seven votes altered is in include override the mapc adopt alternative findings and
deny the conditional use request which can be done with five of seven votes or you can return it to
mapc for additional consideration which requires four or seven votes and in terms of process as a
reminder the city council policy is that public hearing or the planning agenda occurs at the
Planning Commission and according to the policy the city council does not typically receive
public comments on zoning items and with that I can stand for any questions questions for staff
beginning with vice mayor Ballard thank you mayor thank you philli um just a quick question the
protest is for when they were wanting the TVs and speakers and everything correct that is correct
and in terms of process the protest follows the first consideration by Planning Commission and
there's not an additional protest per period and the original protest stands through the
entire process until the case is considered by governing body but yes the original protest
happened after the first Planning Commission when the request contained an a request for
speakers and outdoor TVs have you heard any uh feedback this second go around from I mean
that seemed to be like the main problem was the noise outside correct correct at the Planning
Commission the second time in September the there was some public comment at the Planning Commission
but it was morly REM related to possible impacts of parking issues uh I don't believe there was any
comments related to the application regarding any noise because that was an amend request and they
were no longer going to be doing it okay thank you any further questions for staff I see none
this resides in council member Johnson's District thanks mayor I move that the city council
adopt the findings of the mapc and approve the requested amendment to co n 2012-
044 authorize the necessary signatures and instruct the city clerk to publish
the resolution after approval second Motion in a second any further discussion
I see none Madame clerk please open the RO motion passes 70 Madame
clerk please call the next item council member appointments and comments
are there any appointments by council members I see none we will
now move to council member common council member Johnston thank you
mayor I'd like to congratulate the uh Park department on the great open streets
uh event a lot of people there A lot of vendors and it was a great event and a
great day so my wife and I enjoyed it very much I will just uh Echo a couple of things
thank you to the whole Community for coming out to multiple different community events
this weekend it was really great to see people together building Community uh whether at open
streets whether outside of New Life Covenant uh standing in the gap for foster care Children and
Families uh to the prairie fire marathon with over 2500 participants and the witchat Asian Festival
on Saturday um just really grateful to see a lot of community members and I just want to give a
shout out actually to council member Glascock who had his the fourth unity in the community
on Friday at FR University uh for the West High School football game and many community members
came and gave feedback about um what it means to be in a community where we are standing against
violence and want to bring Community together so looking forward to more unity in the communities
they have now occurred in districts one three four and six and so I encourage council members
Johnston and Tuttle to also have uh unity in the communities and we will have more of these
um including as Tall Grass Film Festival just mentioned October 23rd is a free event where
we will be showing uh Wizard of Oz uh at Navar Park and it's really a free community event for
everyone to come out um and be part of uh not just Tallgrass but be part of uh the community
of Witchita so thank you to our community I see no further uh comments we do have an uh a motion
for an executive session um so for um I mve that the city council recess into executive session
um at 12:00 for 25 minutes um and this is a uh to receive information on a civil action pursuant
to KSA 75- 4319 B2 for legal consultation with the city attorney which would be deemed privileged in
the attorney client relationship Rel relating to pending litigation and legal advice the executive
session is required to protect attorney client privilege and the public interest the executive
session will begin at noon and will end at 12:25 when we will return to the chambers motion
second and a second any further discussion I see none Madame clerk please open the the
rooll motion passes 70 we'll return at 12:25