Wichita City Council Agenda Review February 27, 2026
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with the pledge of allegiance to the flag of the United States of America and to
the republic for which it stands. One nation under God, indivisible, with liberty and justice for
all. Thank you. Council member Glass is joining us virtually. City Manager Marstall. Good morning,
Mayor and everybody. Looking at the agenda for March 3rd. Got a big packet in front of you.
Um, got some things that there's I know there's maybe some interest in pulling a couple items.
I just want to run through. We are making some investments in public safety. So, you'll see some
information. One of the agenda items is related to a new fire station and beginning that process.
We've made some uh work on that with our location, but now we're getting into doing the bonding
for the resolution and the necessary signatures, but you'll also see some investments
in public safety for some equipment, but also a storage facility for police on there.
And then um you'll also see we're continuing on with some of our nuisance abatement with the
dilapidated properties. Um doing some definition changes there on one of the third items for the
new council business to bring your attention to that as well. Um and then we do have our ongoing
water and sewer utility improvements. So we have a list of uh things we're doing across the city
which we continue to make those investments. And then um one of the key things we want to
highlight is agenda item number eight is doing um some improvements again for our water supply,
the aquafer storage and recovery. And so we continue to make those investments as well in our
water supply. So we'll have some of that. And then um looking on down because we do have
some public art um items on 11 and 12, but to bring some attention to number 10, that's a
seasonal and temporary employee services. That is um a broad contract that each department can then
tap into for their specific department needs. if we have some temporary contract needs, it
comes out of their departmental budgets, but we have an overarching contract um for those
departments to pull from. So, just to give you a little bit of overview on that, then you do
have some planning items we'll go through or we can highlight some zone changes um which are
a few on there as well. And um so if you wanted to pull off anything in particular, happy to walk
through some specifics for you on the third. Yeah, I um maybe Jan would be the one to ask about
this. Um item three, the chronic nuisance properties. Uh what changes do we have? What does
that look like? Yeah, Jan's here. Uh Jennifer had to take another appointment today. So thank
you, Jan, for joining us this morning. Okay. Um that is our chronic nuisance ordinance. It has
to do with really bad behavior at properties. Um right now if you have a certain number of trigger
events, then the police department will send you a letter that says you have had a number of crimes
that have occurred at your property. If any more crimes occur at your property, then uh we're
gonna have to have a meeting and we're gonna have to develop a plan where you will have to give
us ways that you're going to decrease the number of crimes at your property. It's worked very well.
Um sometimes we have problems with, for example, um unlicensed clubs. they're operating as bars and
it's been a good tool for us to go to the owner of the property and say this could make you a chronic
nuisance property if you allow um illegal activity to occur your property. So the ordinance is
really just that started in 2016 and this is uh as we've lived with this ordinance for a while
we just found some ways we could tighten it up uh by adding more trigger events. Uh for instance,
one of the trigger events will be an unauthorized club, an unlicensed club will be a reason that uh
you could get one of these letters that demands you to make improvements to your property like by
decreasing crime. We've also taken a few off. We took some of the traffic off of trigger events. Um
we never use domestic violence as a trigger event. Um and mostly that's what it does. It increases
the number of trigger events. The other thing the ordinance amendment will do is right now we have
separated um residential property from commercial property and it's very confusing for officers
because there's a different number of trigger events depending on what kind of property it is.
So, we've increased the number of trigger events that it takes to qualify for the letter and it's
all the same now whether it's residential property or commercial property. Um, the officers will
learn one set of rules and they'll go by that day. I was going to ask if it was residential or
commercial. Okay. Is this So, this is similar to the the Broadway motel hotel as far as they
have to come up with a safety plan. Yes, that's what we use on motel. We use the chronic
nuisance ordinance. What what it ultimately does is if you create um a plan, we have them create
the plan and we okay the plan, the police obey the plan, and if there are subsequent trigger
events, then they'll get a bill for services, like if the police department has to go back out,
they'll get a bill. That rarely happens. Um most of the time improvements are made before the bill
ever goes out. I think I can probably count on one hand the number of times a bill has gone out
because the goal isn't to get money. The goal is to have fewer crimes occur on the property and
it has been use. It's not perfect, but it's been useful for that. It says too that it's been useful
to help landlords hold tenants accountable for activity on their property, right? The landlord
wouldn't necessarily refer to this. It would just to this code, the police would know we've been
there 15 times in the last months or whatever. Under the current code and under the new code,
landlords are uh responsible for their property. So, they could get the trigger event letter. Um,
but the great thing about this is now they can say because landlords are hesitant to evict people
who are causing problems because they are worried they'll be sued. But now we can show an ordinance
that says, "Look, you'll be held accountable if you don't control what's happening on your
property." So landlords could then take measures, especially in clubs, in unlicensed clubs, to tell
the people that they rented their property to, look, I'm gonna I'll get sued or I'll I'll have
a chronic nuisance if I don't stop you from from doing these these parties. Yeah. And the trigger
events, are they all criminal related or are there violations, repeated violations with MABC?
MABCD is now it's always been a trigger event, but it has been broadened. Um, so MABCD violations
are also trigger events. Code enforcement was specifically added in this amendment. It would
also include fire department if you were allowing too many people um if you're violating uh
capacity. Um that would now also count. Is this the is this the one that was used for some
of the hotels or motel on Okay, Jan, I have a couple more questions. Can you provide data? So,
we talk kind of generally. Would it be appropriate uh to actually have data points? How many how
many of these problem properties are we currently having and in which districts they're kind of
having? I would appreciate more data instead of just anecdote. I will um between now and
Tuesday, I'll get some numbers. Um unfortunately, we don't have a centralized location. I'll go to
each substation and they keep their own records and I can get some I can get some numbers from
them. Thank you. Jan question is can you speak to the rationale behind section number three that's
been strike particularly any person affected by the decision of the chief of police may appeal
such decision to the such determination to the city manager. We had um three levels of appeal and
it was different than any other appeal we've done. You would go to the chief of police, then you
would go to the city manager, and then you would go to city council, and then you would go to
district court. And I feel like that discourages people from appealing. It makes it more
difficult for a citizen to appeal a case. Now, it will match all of our other licensing appeals
where it'll go to that three panel member of city c. It'll go to the chief and the chief will make
a decision and then you can appeal it straight to your city council, the three member panel, and
then it would go to district court. so it'll match all of the others and I think it's less
difficult on a citizen to have to take so many different appeals. Yeah, I appreciate that and I
agree the uniformity is important. So, thank you. Anything else for J? All right. Anything else on the third that we can uh prepare
for the meeting over the weekend? All right, looking at the tent, then we have
in front of you a few items. Um, if you see, we do have a public hearing or hearing about
taxment financing. Um, you'll also see some star bond um, issues on there. And then you'll also
see another tax year abatement on the 10th for a local business. And then you will see that we
do have a big contract on the 10th coming before you for our grounds maintenance of city property.
And so there's some different ones you may want to look at there for how we're looking to do some
of our ground maintenance going forward with the renewed contract. And then we have some planning
and zoning. Um one nothing on there. So if there's anything I can address for you on the tent as
well, let me know. And then I want to conclude with a big document in front of you that you have.
Um so I'll make sure that you know we're tracking issues presented from council meetings or if we
get other requests from council members during the course of a meeting or whatever that we are
tracking these and I'm working with department directors. So just we'll go through these or share
these with you weekly but I just want to start um today highlighting going back even to when we
had conversation related to the water treatment plant whatever but even we have some of the recent
questions that you had asked us at the workshop last week at the end there talked about the boards
and commissions providing some of the information about current vacancies the bike ped plan separate
from the transit plan. So, this is just let you know that we're keeping a high and then we'll
report back to you and we've got our status update um from the department directors. If there's um
a different way that we can share information or get it back to you, of course, work on timeliness
as well. Um but I just wanted to let you all know that we are tracking requests and we'll continue
to report out so that you know we are following up on your requests. city manager, if I can just
say this is this is amazing and thank you and I hope that I'll be doing my due diligence to share
with with my district that you all are keeping track of the request and following through. Um,
particularly just want to know because I know I've gotten some questions about the transportation
plan in district 1 for election day seeing that a lot of the polls were moved and the reason why
we decided to not duplicate services utilizing the private sector as is noted on here January 14th
um you city manager worked with Penny and you all created a a great robust plan that I had the
opportunity to share with the media yesterday. So, just wanted to say thank you and this is just
an example from this of of ways in which we can save money and time and also make sure things
are getting done. So, thank you. Absolutely. Otherwise, mayor, if there's anything else
you need, let me know. And then we do have our legislative update as well. So, is there anything
from council before legislative update? All right, we'll turn it over. Where is it? Jim, do you
pull her up bigger on the screen? I don't know that I'm bigger on the screen. Okay. It's over to
you. Hi. Josh and Kimberly are here and we are in between meetings. So, I apologize. We're we're
actually in the car. Uh, but I sent along this morning a very lengthy rundown of everything
that is happening right now in the capital. And first and foremost, I do want to bring your
attention to um two major items that have received uh what you would call above the fold headlines
in recent days. Uh would be House Bill 2745, which is the large the House version, the property
tax relief bill that did pass the House this last week on Wednesday. And there were three amendments
that that the municipal community was in favor of. And those amendments were added to the bill in the
um House Tax Committee. And one of the amendments shifted the language from an election to a
protest petition. So there so communities wouldn't necessarily have to go out to an election every
time to adjust the budget um or to adopt a budget, but it would move to a protest petition. uh
a secondary uh amendment was made that would allow cities to have access to the $60 million
fund that the counties were being provided uh under the bill. And then the third component
of or the third amendment related to it gives some breathing room for economic development
initiatives and for some bonding authority um and that that those elements weren't necessarily
part of the cap. So that bill passed the house. It came to the or I'm sorry, it passed the House tax
committee. It came to the full house for debate this week. And in the debate, there were a couple
of tech technical amendments offered by the chair of the House Tax Committee. But then there were
two uh notable amendments that were made and one completely removed the $60 million fund that was
being used to offset uh property taxes uh property tax increases. So the state would be contributing
and providing sort of an incentive if you will uh for cities and counties and taxing districts
to hold the hold the line on the budget. that fund was removed. And then uh secondarily, the
protest petition language that was added instead of the the protest petition threshold being 10%
of electors in the last presidential election was actually moved to 5% of electors in the Secretary
of State election. So, um, in some communities, like in Witchah, we think that that would be
around 7,000 individuals, but in some communities in Kansas, it could be as low as like six. And
so, there are some challenges there. Nevertheless, um, the full Senate is going to take up or sorry,
the Senate Assessment Taxation Committee is going to take up this bill this coming week on Tuesday
and Wednesday. They're having hearing. So, it did pass the House last week 75 to 47. Um, meanwhile,
the Senate passed its cap on valuations that had imposes the 3% cap on valuations. So, that is
the Senate's version of addressing property tax relief. So, there's the valuation cap and then
there's the the House property tax side. Honestly, there is a lot of um the road is long between now
and the next several weeks. So, we'll see a lot of machinations on what property tax relief
looks like um from the Kansas legislator's perspective for cities and counties and for
um property taxpayers across the state. So, that that's the House did did pass the budget
uh this last week. uh the budget is still um not structurally balanced. Uh that's still
relying on funds from the kind of the co era funds and and our rainy day funds in order to make the
balance um the balance meet. So legislators are really working to continue to refine that. We
have at least eight pieces of legislation that are going to receive a hearing this coming
week. I won't go through all of them. Um, but Jim Jonas has all of the information and I
know we'll pass along all of that to you all and is sharing that information with department heads
so decisions can be made. Um, we also know that um Senate Bill 490 which is the C bill um is
has not been scheduled for a hearing yet that was introduced in the Senate Tax Committee. So,
it's exempt from all deadlines and there are some issues going on behind the scenes as it relates to
um kind of the beer and wine wholesalers. Uh so, I think conversations are being had on how to
best proceed on on 490. Uh but there is a there is a lot happening. So, please do spend a little
time um reading through the the bill wrandable for you all um at at your disposal. So, with that,
I'm happy to answer any questions. Uh thanks, Kimberly. I I have a couple here. Um, it sounds
like pretty much they took every good housing bill and just tossed it to the side and came back with
one that cracks down on any opportunities we have such as non-discrimination of uh income. So, is
there any hope for um because one there was one about um exposing hidden fees, requiring that all
fees be put in there. There were a couple of other good ones as well. Is there any hope for any of
the the ones that would help the uh the tenant making it through this session? So, there were
nine bills related to the landlord tenant act and seven of them have not passed they they did not
pass the deadlines and they were not exempt. So, and most of the bills related to disclosure and
um advanced notice and they would probably be more tenant friendly um did not make it past
um the deadline. So, those have largely been defeat ready for the session. There are two other
bills that are still alive. Um, House Bill 254, it passed the House 84 to40. I'm just looking at
make sure I have my exact right. And that bill barred cities from adopting laws that would
restrict a landlord's ability to use credit scores, credit reports, and eviction history when
deciding whether to lease to a tenant. There is a Senate companion that was similar and it's Senate
Bill 39 391, which ironically passed the Senate 31 to9. Um, so I just say ironic because the number
shrinks. Um, those two bills are still alive and moving, but no, neither of the bills have been
scheduled for a hearing at this time. That said, there is a different housing bill. It's called
the byright housing bill. It's Senate Bill 418 that passed the Senate 35 to 5. Uh the city of
Witchaw did weigh in with with some concerns in large part because it allowed for residential
zoning to be anywhere in the city including in industrial areas which could have an impact
on just certain planning components and and industrial buildout. Um and not sure I think a lot
of communities many communities express opposition about that particular provision and that was
pulled out of the bill. So, Senate Bill 418 does have a hearing this coming Tuesday, Wednesday,
in the House Commerce Committee, and that that is the major housing bill that's still moving.
And then there are those two other bills that are um still available to move that are related to
the landlord tenant act. Okay. Hope that helps answer your question. Yeah. Yeah, that gives me
a nice gist of the uh where we're at right now. Um how about the the bill requiring arenas to pay
for anytime utilities are moved. Okay. Yes. So uh that particular piece of legislation um we had
worked uh to develop a compromise that would not require cities to pay for cable relocations.
And and so there was going to be a $2 million fund established by the state and supplemented
by some ARMPA dollars and that would help pay for those relocations. That bill because it did
have a fiscal note associated with it was pulled from consideration. So, we have been working with
Charter Communications, who was the the proponent of the bill on could we go back to discussing what
we had previously discussed before session, which was if this is a relocation caused by private
developers that then the private developers would largely pay. Um, if this is a relocation and
you've been in the rightway for, you know, three years or five years, um, then there may be some
sliding scale on how costs would be reimbursed. But if you chose to go in the rideway in the last
three or five years and you and there was a city master plan and you could see that your lines were
going to be forced were going to be relocated then there's no reinforcement. So we're trying to see
if we can't go back to that but I don't know that there's going to be enough time this session and
that might not be bad actually I think that would be fine. much rather spend more time working on
that um and also addressing rightaway par at the same time than having a a bad piece of legislation
advance. So for right now it appears that um the current bill is not going to advance. There's
still conversations to be had and so we'll see where those conversations go. Okay, last one. Oh,
go ahead. Sorry. No, no. Um last one. Uh water reuse. Everything looking good on that program.
Yes. Uh that bill came out so nicely from the house. We only had uh it was 123 to1. We're really
happy about that. Um and we are working with the chair of the Senate A Natural Resources Committee
to schedule a hearing on that. Unfortunately, for some strange reason, the bill that passed
right after it, there was another water bill, uh was received by the chairman six
days sooner than the water reuse bill. as just a a like a clerical timing issue, which is
kind of strange, but that does happen often. Um, so we're working to get it in his queue hopefully
for this week, if not Tuesday, Wednesday of next week for a hearing on that, but that is a top
priority to continue to question. Okay. Thank you, Kimberly. I quick question. Am I understanding
correctly that Senate Bill 370 is is dead or just hasn't moved out of commerce committee? Um, sorry.
I have seen sorry I have a 370, a 380, and a 390. And I just want to refer back to my notes to
exact. I don't want to speak incorrectly. Um, 370. Sorry, council member. I I have a long list
here. Do you minding this subject? Yeah, no worries. And I have a cheat sheet in front of
me, so don't feel bad. uh modifying how a rental agreement terminates in the case of a material
non-compliance. Yes, Senate Bill 370 is one of the seven bills related to the landlord tenant
active and not correct. Thank you. Yes. Sorry that I didn't just have that right off the top
of my head. I'm sorry. You are human and again I have a cheat sheet in front of me so no worries
at all. Okay. Thank you. What other questions do you all have that I can answer? And I do know
almost all of these by heart, so I'll do better. I see no further questions. Thank you very much, council members. Thank you all. Any news from
your districts? I see none. Thank you. Have a great rest of February and let's reign
in lunch. Take care. Have a nice weekend. Whatever.