City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS January 14, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 14, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Jeff Blubaugh, Bryan Frye, Brandon Johnson, Cindy Claycomb, James Clendenin, and Becky Tuttle. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:02 a.m. Approve the minutes of regular meeting on January 7, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on January 7, 2020. Council Member Tuttle stated since you were not at last week's meeting, you will have to abstain from approving the minutes, which needs to be corrected in the record. Mayor Whipple asked that there be no objection to him abstaining and changing his yes to abstain. Vice Mayor Blubaugh second. Mayor Whipple stated seeing no objections, the motion stands. Motion carried 6 to 0, (Abstain: Whipple). Proclamation - Human Trafficking Awareness Month Mayor Whipple read aloud the proclamation. I) PUBLIC AGENDA 1.) Andrew Crane - Transportation. Andrew Crane stated he is here regarding transportation and how we can get more funding to Wichita Transit and to improve our bus station. Stated the one that we have right now is not great and could be better. Stated we need to get more funding to the Wichita transit system and to stop all of the other stuff that you are doing and make it a priority to get Wichita Transit back on track. Council Member Johnson stated we did receive about $14 million dollars for a new multi-modal facility that will be constructed soon to help with the current transit system. Stated we are working with our Transit Director on a plan that can help improve transit over the years. 2.) Sir Robert M. Martinez - Bronze Hattie McDaniel statue and the LPGA Golf Tournament.  Page 2 CITY COUNCIL PROCEEDINGS January 14, 2020 Robert Martinez stated two years ago he made a presentation to do a bronze statute for Hattie McDaniel who received an Academy Award for her role in Gone with the Wind. Stated there will be no cost to the City and just needs a plot of ground for the statute and has yet to get confirmation as to where this is going to happen. Stated it is the only Academy Award that the state has and would like to make this move faster so we can get the statute built and placed on a plot of land that all of us can agree on. Stated he is not looking for money, just some place that is visible. Stated the vision that he was looking at from the people that we are looking at doing what we are going to do on the river; their vision was to look 50 years ahead of time. Stated he would much rather look 150 years ahead of time and there are certain places in the country that have probably been around for more than 150 years. Stated he keeps hearing about all of the buildings that we want to build but will they still be around 50 years from now? Stated the LPGA Golf Tournament was started in Wichita by 13 women and wants to have a two day event celebrity golf tournament here in Wichita. Vice Mayor Claycomb stated regarding the Hattie McDaniel statute; you want to donate a statute to the City. Robert Martinez stated yes. Vice Mayor Claycomb stated we have a process for doing that. Bob Layton City Manager stated we do and have done that with statutes in the past. Vice Mayor Claycomb stated she thinks we can make that happen if you contact the City Manager's office. 3.) Denise Sherman - January 18th Martin Luther King event. Denise Sherman stated she is the Executive Director with the Kansas African American Museum and is here to present their 2020 MLK button and to thank the Council for showing their past, present and future support for their MLK annual celebration. Stated the event will be this Saturday at Chapel Hill United Methodist Church from 6:00 p.m. to 8:00 p.m. and their theme this year is Our Heritage, Our Hope. Stated this is a wonderful opportunity to not only celebrate the legacy of Dr. King but also our own heritage right here in Wichita and our vision for the future. Stated Mayor Whipple will be joining that evening to share remarks and looks forward to the Council joining them as well. Selection of Vice Mayor and Oath of Office 1.) Selection of Vice Mayor MOTION: Vice Mayor Blubaugh moved to nominate Council Member Claycomb to be the next Vice Mayor. Motion carried 7 to 0. Council Member Tuttle stated she wants to thank Vice Mayor Blubaugh for his amazing service during this last year. Stated serving as Vice Mayor is a tremendous responsibility and doing it during your campaign year, you should be acknowledged for your service to our City and thanked him for his efforts. Stated she is going to be supportive of Council Member Claycomb becoming Vice Mayor. Stated she has served this City well for decades and has had the experience working with her when they were both  Page 3 CITY COUNCIL PROCEEDINGS January 14, 2020 community members on different coalitions and she continues to serve on community coalitions and boards and cannot think of a finer person to serve as Vice Mayor in 2020. 2.) Oath of Office administered by Judge Jones Judge Jones administered the oath of office to Vice Mayor Cindy Claycomb. II) CONSENT AGENDA ITEMS 1 THROUGH 8 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 8 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) PETITION TO RENOVATE BUILDING FACADE AT 1700 E. DOUGLAS. (DISTRICT I) Attachment: Agenda Report No. V-1.docx Attachment: Facade Petition 1700 E Douglas.pdf Attachment: Resolution 20-005.docx Mark Elder Office of Economic Development, reviewed the item. Council Member Frye asked if we know if there are any historical designation area applied to this building and are the roll up doors glass or some other material. Mark Elder Office of Economic Development stated he doesn't know the answer to the second question but will get that information by the next meeting. Stated the building itself is not accept that it may be in that Douglas Avenue but can get clarification on that. Stated generally speaking as we go through this process, it is also reviewed by the historic group to make sure there aren't any problems with that. Mayor Whipple inquired whether anyone from the audience wished to be heard, no one came forward. MOTION: Council Member Johnson moved to accept the petition, adopt the resolution setting a public hearing for February 4, 2020 and authorize the necessary signatures. Motion carried 7 to 0.  Page 4 CITY COUNCIL PROCEEDINGS January 14, 2020 2.) 2020 CIP PLAYGROUND REHABILITATION AND DEVELOPMENT, FRIENDSHIP PARK AND SHERWOOD GLEN PARK. Attachment: Agenda Report No. V-2 (revised).docx Attachment: Budget Sheet Attachment: Resolution No. 20-002 Attachment: Resolution No. 20-003 Attachment: Resolution No. 20-004 Larry Hoetmer Public Works & Utilities, reviewed the item. Mayor Whipple inquired whether anyone from the audience wished to be heard, no one came forward. MOTION: Council Member Clendenin moved to approve the budget, adopt the resolutions and authorize the necessary signatures. Motion carried 7 to 0. 3.) UTILITY ENERGY AUDITS – PROFESSIONAL SERVICES CONTRACT. Attachment: Agenda Report No. V-3.docx Attachment: Wichita Energy Audit Agreement Laura Quick Public Works & Utilities, reviewed the item. Mayor Whipple inquired whether anyone from the audience wished to be heard, no one came forward. MOTION: Council Member Frye moved to approve the contract with Burns and McDonnell and authorize the necessary signatures. Motion carried 7 to 0. 4.) DER2019-00011: BUSINESS IMPROVEMENT DISTRICT FOR THE DOUGLAS DESIGN DISTRICT. (DISTRICT I) Attachment: Agenda Report No. V-4.docx Attachment: BID Final Proposal Nov 2019.pdf Attachment: Ordinance 51-176 Scott Knebel Planning Department reviewed the item.  Page 5 CITY COUNCIL PROCEEDINGS January 14, 2020 Council Member Johnson stated section 11 says the district shall commence January 1, 2021, so do we vote on that today and approve it and it wouldn't start until 2021. Scott Knebel Planning Department stated that is correct. Stated there would be several separate actions between now and then. Stated one would be the contract with the Douglass Design District (DDD) and the second one would be the actual approval by ordinance of levying the fees and that would be done in August as part of the budget. Council Member Johnson stated the 45 day window to protest would be from today or in August? Scott Knebel Planning Department stated there would be two windows, 45 days after the publication of the ordinance which would be a week from Friday and then the same 45 days after publication of the ordinance after adoption of the ordinance for the budget. Vice Mayor Claycomb asked staff to repeat who the replacement person is on the advisory board. Scott Knebel Planning Department stated Mary Billings from Love of Character. Vice Mayor Claycomb asked staff to explain how the appointees to the advisory board were selected. Scott Knebel Planning Department stated the ordinance does provide that the advisory board would be representatives of the businesses that pay the annual BID fee. Stated the Planning Committee included members from the larger DDD, not only businesses along the corridor which is recommended. Stated those members and the initial membership is recommended by the Planning Committee in their report. Stated in subsequent years, the DDD would make recommendations to the Council for appointees. Stated initial terms for the appointees, half of them would have a one year term and half of them would have a two year term and each year after that there would be appointees. Vice Mayor Claycomb stated then this board would be responsible for deciding how that bid money is used. Scott Knebel Planning Department stated that is correct, they would recommend an annual budget as well as provide oversight of the DDD and establish any performance metrics and review those on an annual basis and make reports to the City Council regarding that. Council Member Tuttle stated she has three questions regarding the budget; for 2021, thinks the total is actually $95,000 and not $85,000, which you might want to check and then you will have to also revise your expenses to match that and asked staff to explain what the Executive Committee of $10,000 for 2019, 2021 and 2022 and what that means. Scott Knebel Planning Department stated the Executive Committee are members of the existing DDD board who make voluntary payments into the DDD at a higher level than standard membership. Council Member Tuttle stated if for some reason one of the members moved on, is there a plan to recoup that and how will that be sustainable if somebody didn't want to pay that. Scott Knebel Planning Department stated they are proposing that would go away at the end of 2022 and would be seeking to replace those funds from other City funds, which is not anything you are committing to today and you have already accepted this report on December 10th. Stated that is something that you  Page 6 CITY COUNCIL PROCEEDINGS January 14, 2020 could anticipate that the advisory committee might present to you in the future. Stated the BID revenue is proposed to be only a portion of the DDD's overall costs and they propose to continue to have members that are outside the boundaries of the BID that will provide pay and voluntary memberships and they are intending to take their existing single fee structure and apply this sliding fee, which they hope would result in a larger number of voluntary memberships because a lot of the smaller businesses would pay a smaller fee than what they could pay now. Stated they also do fundraising and have event income and receive grants for projects as well. Council Member Tuttle stated she understands we are not committing to 2023 now, it does say a City grant match and is not aware of grant. Stated it wouldn't fall under CDBG or Cultural Arts and would caution staff to think about that and realize that funds may not be available. Scott Knebel Planning Department stated he provided that note of caution. Council Member Tuttle stated in 2021 you need to revise the budget. Council Member Frye asked staff why businesses and not the property owners. Scott Knebel Planning Department stated it is the way in which the BID's statute is established. Stated it indicates that the fee is on the business owner opposed to the property owner. Stated the business owner is the property owner in a case where a building is for rent but is vacant, that would be then the real estate business that would pay the fee in that circumstance. Mayor Whipple inquired whether anyone from the audience wished to be heard. 1) Melissa Sorenson with Legacy Bank stated they decided to open their branch on Douglas back in July 2017 and as being a business owner and not the property owner, they made a conscious decision to become a part of the DDD so that they could understand what their initiatives were and what their ideals were so that they could be sure they wanted to be a part of that in that area. Stated she was appointed to the committee that met for over eight months and wants to let the Council know that any time there is change there is always good and bad and thinks this common group of folks that have gotten together have done a fine job of debating the good and the bad and took the time to talk to different areas that have BID projects in their area such as Kansas City. Stated they are still in an exploratory stage and thinks the idea is to allow business owners to come together to try and improve the district and there are many who are already doing it voluntarily but thinks the way it is going to be successful and that we continue to grow that area, is to get the business owners involved. Stated this does have some positive movement for that area as long as we have plenty of people who have a voice and who can be a part of it. 2) Jeff Brough stated he owns two businesses in this district and would echo what was just said, it was a very healthy process. Stated he thinks the DDD folks have done some good things and mean well and the proposal that came up has merit. Stated he would suggest that the Council consider is the process because when those business owners ask him what happens; he says the statute calls for every year you have 45 days to get a petition of 50% plus one. Stated the problem he has found is that the City doesn't have any idea how many businesses are in that district. Stated there is no identifiable way so you are giving those folks who are against this a moving target and thinks that sets a very bad precedent to push that on a group of people and there are a lot of folks who are against this. Stated in this case, thinks you should have to vote for something rather than against it and we have a moving target that is worrisome to him and even a person who is not adamantly against this, thinks it sets a horrible precedent.  Page 7 CITY COUNCIL PROCEEDINGS January 14, 2020 Council Member Tuttle stated she asked staff about this process because she was also concerned that it almost seems like it is in the reverse and is her understanding that it is a state process and not a City regulation or process and could we address the fact that we don't know how many businesses are in the area because that seems like something we should be able to know. Scott Knebel Planning Department stated you are correct, the process that establishes that the Council would adopt an ordinance and there is a 45 day protest period, which is established by state law, it is not something that the Council has the authority to do differently. Stated he happens to agree and thinks most people agree that the state probably should have set this up as a petition process where the people who wanted it would submit a majority petition which is the way most things happen but this one is certainly different. Stated in terms of the businesses, there is not anything that is kept in official City records about all of the businesses because the City of Wichita does not have a comprehensive business licensing program like many cities do. Stated there are services that can be employed that will pull a point in time count of the businesses and that is what the DDD hired one of the services to pull that and they did on the ground recognizance and walked the entire district to make sure that list of businesses was accurate. Stated we did get a stack of returns from our mailing to people that list and process of recognizance did not identify the business in that location at that address appropriately. Stated that is something that is going to be done on an annual basis and one of the things that would be in the contract with the DDD that they have to continue to provide that service. Council Member Clendenin stated this DDD has nothing to do with the City improvements that we have been discussing, correct? Scott Knebel Planning Department stated in terms of the plan that was done by the City in consort with the DDD, would not say that they don't have anything to do with it because they work with the City and as stakeholders establish what some of those priorities might be but the BID itself and improvements that the City would make, those are mutually exclusive with the exception that potentially some of the BID revenue could be used to maintain some of the higher level amenities that might be put in place as part of that streetscape project, which is one of the things that Downtown Wichita is doing for example with the Douglas Project that was done downtown. Council Member Clendenin stated the BID is not being directly used to make those. Scott Knebel Planning Department stated that is correct, there will be a separate process regarding the street improvements on Douglas. Vice Mayor Claycomb stated if the DDD uses that service to establish the number of businesses each year, will that be a valid number accepted by the state? Scott Knebel Planning Department stated the stated doesn't provide oversight of the process, it just establishes the authority of the City and sets out what you can and can't do, and there is not a reporting requirement. Vice Mayor Claycomb stated that will be our process. Scott Knebel Planning Department stated it will be the responsibility of the advisory board that you appoint to make sure that process is fair and consistent.  Page 8 CITY COUNCIL PROCEEDINGS January 14, 2020 3) Michael Ramsey 120 E. 1st Street North stated he is here today representing both development and small development. Stated we don't have any properties in the DDD but wants to talk about how important it is to have a scenario much like the BID in that area. Stated when we first started investing in Wichita, we invested in downtown but for the SSMID supporting downtown development, we would not have had the ability to have that research that was so important for us. Stated a major part of the BID that we would see as an important part, would not have that third party research that would be so important for us as an investor to come into the DDD to be able to invest in that area. Stated one of the things that DDD did for us is reaching out to banks and to make relationships with other businesses in the downtown area was to network with us. Stated we are a small company and they provided us with the research that we needed and we needed the type of third party research that we weren't able to do on our own and the type of third party research that banks would not have accepted if we did it ourselves and it is important that does not go un-noticed today and is here in support of this. 4) Ruth Cox 3814 E. English stated she is from Manhattan, Kansas and our downtown was completely empty and full of blight and they put a BID in place that they have ratified for more than 10 years. Stated it has helped fill in that downtown and make it vital again after it was completely destitute. Stated their business have chosen to keep on implementing that BID in Manhattan and it has been to their benefit. Stated we are at a pivotal moment for our City and is excited for all the new leadership and all of these steps are a step forward for us and you have a choice to make in a lot of things that are coming up in our downtown and this corridor and thinks you have to choose if the heart of our City is strong and the core of our City is strong. Stated we don't want empty buildings and gangs and things that make us feel unsafe when we have worked so hard to establish a very strong heart and we don't want to take any steps backwards and asked the Council to consider taking this step forward so we can continue these actions. 5) Rueben Saunders stated he owns Rueben Saunders Gallery at 3215 E. Douglas. Stated this corridor running from Washington to Glendale is not a homogenous or cohesive group of businesses. Stated it is a diverse group of business such as manufacturing, medical offices, insurance companies and large and small retail. Stated we have apartment buildings that will be assessed in this and this is not like a cohesive downtown area in Manhattan, Kansas and is not like a shopping center like Bradley Fair where everyone has the same mission. Stated he would suggest that the marketing plans and the ideas, some which are very good but do not apply to all the businesses. Stated there are website services that larger corporations and well established businesses like his self already have in place. Stated programs like Second Saturday and Small Business Saturday do not benefit any of the corporations or businesses that don't even open for business on Saturday. Stated these are examples of how diverse the businesses are and it is hard to place one marketing plan or one set of ideas before a group that will benefit everyone in this district; everyone came to this district voluntarily. Stated we just had 2,800 layoffs at Spirit and we don't even know the down chain impact on other jobs in this community. Stated many of these businesses are small and startup businesses and this assessment will be a burden and a tax on some of these small businesses that are just beginning to operate in this district. Stated the statute does allow you to pass this today and then those businesses that would be against this statute would have to organize and protest it but it does not require that you pass it. Stated it is possible for you to charge the DDD, the organization, with the task of getting the signatures showing that indeed the majority of businesses in this district favor this assessment and BID and then come back to you and ask you to pass this. 6) Stacy Wood-Lattin stated she is co-owner of Hopping Gnome Brewery Company at 1710 E. Douglas and president of the DDD. Stated when she and her husband started looking for a place for their business, they kept coming back to the DDD. Stated they love that it was just outside of the downtown area and saw lots of potential. Stated since opening, they have noticed excitement building all around them and had a potential business owner coming in asking about the district and how they wanted to open their business  Page 9 CITY COUNCIL PROCEEDINGS January 14, 2020 in this new up and coming area. Stated we have more foot traffic than they originally expected from neighboring residents who were so excited to see new businesses in the area and started asking why we didn't have some of the amenities that we see downtown such as benches and trash receptacles, which she started wondering too and became a member of the DDD because she wanted to learn more about some of these processes and noticed that we were an up and coming area that could grow and that there was interest there. Stated whether it is making our piece of Wichita recognizable, bringing in new small businesses to boost the economy, adding beautiful murals to our landscape or finally getting some trash receptacles; these things don't just happen and doesn't think people realize that all of our accomplishments up to this point have been made by volunteers. Stated she has seen firsthand what happens to this type of volunteer-led model, it is not sustainable and while we have made so many accomplishments, we know we could be doing so much more with a consistent funding model and staff. Stated she sees the BID as an option because the thousands of BIDs that exist throughout the nation as well as the success of the downtown Wichita similar funding model, the self-sustaining metropolitan improvement district (SSMID); this group also faced a lot of opposition and skepticism when they proposed it in the 1990's and now they are integral in the success, investment and development of our urban core. Stated she and her husband would not be where they are today with their businesses if it were not for the help and support of the DDD. 7) Bill Jackson stated he is the founder of the DDD and in 1992 bought a building on east Douglas to relocate his business and still operates there today. Stated he built the Abode Home building on part of that property and his only disclaimer when he moved his business there was that as he drove through downtown Wichita, which had been maintained very well and then driving through what then was the exciting new Old Town area and all the things that were being done in that area and would pull up to Washing and Douglas and look east and it was just a concrete canyon. Stated he had always hoped to be able to create or do something that would allow us to draw people on down Douglas. Stated as he traveled throughout the country he kept seeing areas like design districts where they had created vibrant neighborhoods from what had once been boring industrial areas and thought that we should try and find a way to do that. Stated in 2005 he met former Planning Director John Schlegel whose wife leased a building he owns on Douglas. Stated he kept telling John his vision for the businesses on east Douglas and was told to organize a group of merchants to decide what you would like to do, get a plan, put together a vision and then come back to the City and tell us what you want to do. Stated in 2007 he brought together about 60 businesses, 42 showed up and at the end of the meeting they all said yes, we need to do this and formed the DDD. Stated they brought that before the Council, which was approved. Council Member Johnson asked Mr. Jackson if he feels that this BID would be an evolution of what he started with the DDD. Bill Jackson stated J.P. Weigand who represented him in anything he did involving real estate, said that they regularly get calls asking for availability of business buildings that they could look at in the DDD. Stated they have heard of the DDD and want to be there. Stated he recently sold one of his buildings, which was a new record price, the highest price ever paid per square foot for a building in the DDD, which Weigand based on the popularity of the up and coming DDD that people have seen. 8) Tim Devlin stated he is the owner of Devlin Rod and Customs at 1611 E. Douglas. Stated he stood before this Council several years ago faced against the DDD and the changes that were going to happen to his intersection. Stated at that time it was a situation where our businesses in the DDD really didn't know what was going to happen with our district. Stated this was a district that was formed by volunteers but we didn't even have a majority of participation in this district and as you can see today, this is still a hotly contested debate amongst our businesses and our business owners. Stated it feels like we are still putting  Page 10 CITY COUNCIL PROCEEDINGS January 14, 2020 the cart before the horse in this process and knows we have had a Planning Commission to discuss this and has been ongoing but still today, this has been your most highly contested debate you have had and thinks it seems wise to go back and try and change the process to get this approved. Stated you should hear from a majority of the businesses that want this, not come back and hear a majority of businesses that don't want this. Stated there are a silent majority out there; there has been great improvements in our district but it has been driven by the businesses that come and he has been in his business for 15 years and five years ago built a new business on the corner of Hydraulic and Douglas. Stated he didn't stay down there because of the DDD, it’s a nice add on but stayed because he wanted to see our City grow, not because of the DDD and would ask you to take a step back and think about the process. 9) Leon Moeder stated he resides at 967 N. Back Bay Boulevard and currently works in the downtown area and owns nine properties in the DDD, which is home to 20 businesses and a dozen apartment dwellers. Stated their principle property is 1716 E. Douglas and also own Victor Court and currently serves on the DDD executive committee and as members of the district they pay a $400 fee and as member of the executive committee we contribute an additional $1,000 a year and believe this is important. Stated his personal commitment to the district runs very deep and is here to speak in favor of the BID and thinks it is incredibly important and we have been pioneers of the district. Stated when we first bought in the district, some of the largest real estate agents and brokers in town said why. Stated now if you look at literature promoting real estate it says, in the DDD, which was a big deal when he first saw that. Stated they saw the vision of Mr. Jackson and the district and wanted to be a part of it and have seen the district change to the point where he said, now they advertise it in the DDD. Stated through all of this the district has been managed by a very enthusiastic board, very minimal paid staff, and have seen the success and growth is wonderful but eventually it will stretch an organization to a breaking point. Stated to a point of decision, do we continue to operate as we have even though we have grown to the point that we are at, that virtual breaking point or do we take a step to go to the next level and look for greater success. Stated he believes we need to take that next step, we will be paying and will continue to pay our dues, continue to stay on the executive committee and will be very happy to pay any business assessment. Stated it is by growing together that everyone profits even those who are not a member of the district, contends have profit by the work of the district. Stated he knows everyone on the district is not on board with this, you are just not going to get 100% consensus but thinks the majority are and is here to ask the Council to support the BID, the district and wants you to help us continue to grow and help us become an even more significant gateway into downtown Wichita. 10) Michael Cocking stated he owns College Hill Barber and Beauty at 3111 E. Douglas. Stated he has been cutting hair for 23 years and moved to his location in 2008 and was one of the first businesses to do a big mural on the side of the building and has done it all by himself, no one has helped him do anything. Stated when he first heard of the DDD and was sent a letter asking him if he wanted to be part of it, he did but then when he got down to it, he had to pay a fee to become part of the DDD, which he did not have the money to do. Stated he is a small business that is barely surviving and still does it day to day by himself and for someone who has to do this or will get penalized, is not fair to him. Stated the small guys cannot always afford everything and that would be pushing us out. 11) Andrew Goth stated he owns Reverie Coffee Roasters and Founders Bakery at 2202 E. Douglas and is a resident of College Hill. Stated he started his business in 2013 in the district because it made a lot of sense to him and the location was close to his home and the look and the feel of the space was unique and original to Wichita. Stated the district is a bountiful basket of opportunity waiting to be updated and brought back to what it once was. Stated tons of vacant buildings were available and needed attention and we were starting a business that traditionally thrives in neighborhoods such as the one we originally chose. Stated when presented and opportunity to expand three years later, we chose to relocate within the  Page 11 CITY COUNCIL PROCEEDINGS January 14, 2020 district and feels the community that is established around us had a collective trajectory that is moving in the right direction and felt that my business and this community needed it. Stated there has been opposition, even today to change the way that things have been and recognize there are other businesses like mine that have been a past generation of innovators for our community and is thankful for that but now as part of that next generation, it is part of my responsibility for creating and maintaining this trajectory and growing the district that will eventually grow beyond my capacity. Stated he supports the BID proposal and hopes the Council does as well and wants to ensure that our collective voices are heard and believes in the process and believes our district will do even better with a formal designation that provides consistency and more accountability and confidence in the formal of process to continue to serve our business owners and the residents that live here. Stated I don't believe that any single operator or owner should have more influence than any other and encourages the Council to vote to approve the BID so that the district can continue to represent us with confidence and structure in order for this district to be considered the most unique and original area of our City for next generations. 12) Todd Ramsay 619 E. William stated he operates a business in the DDD and is here to speak in favor of this proposal. Stated we are not on Douglas but we are a voluntary member of the DDD because we believe in the mission of what it is trying to accomplish. Stated we chose to move to the DDD about two years ago and would never have had that area on our radar but appreciate what the district has done to raise the profile. Stated he owns a marketing agency and understands that one marketing plan does not fit all businesses but the point of the marketing plan is not to benefit any one business but to benefit the district at large. Stated it is not the DDD's job to make the district great, it is up to the businesses to help make it great but if the district does its job well, then more businesses will come there that will help make it great and that is what this is about. Stated he understands that individual organizations will be impacted from a dollar amount but if we are realistic about the amount, for a small business it is about $100. Stated we are not asking for significant investment from all of the partner organizations. Stated he understands there are also frustrations with the way the process has come about that the minority has to do the work rather than the majority, but that is a state approved process, the district has been very diligent about listening and getting feedback and following the approved process. Stated this project has the unique opportunity that falls under one Council Member's district and would encourage the Council to vote along with the Council Member as this is his district and to follow the lead of the Council Member who has been a part of the process rather than voting philosophically or on the opinion that you have on this type of program. 13) Robin Van Huss stated she owns Traditions Home which is at 3220 E. Douglas and also own seven commercial properties on Douglas Avenue. Stated we moved here from Washington DC 35 years ago and only wanted to live in College Hill and locate her business on Douglas. Stated she is opposed to this BID and at one time was a member of the DDD and they do many great things for the community but we should not be assessing a fee and in her opinion a tax on small business in Wichita. Stated by taxing small business you are going to take everyone on Douglas that happens to own property or lease a property there. Stated the DDD should raise their money on their dues and their fees, it is a voluntary membership, so go out and get some more members but do not tax people who are struggling to run a small business on Douglas Avenue. Stated she has six tenants, they are the who's who of Wichita of businesses here, not one of them supports this. Stated you have the power to table this and get out in the community and talk to us and find out how we really feel. 14) Monty Stuber stated he has a business at 2907 E. Douglas and to begin with he was opposed to this and one of the reasons he is opposed to this is because we are creating an opportunity for the DDD on the back of small business owners. Stated he has two properties over in this area and seven collective and know what it is like for a small business person to run a business. Stated he does favor the DDD but is  Page 12 CITY COUNCIL PROCEEDINGS January 14, 2020 confused why this is a 501(c)(3), they are not going out and getting money on their own for this, instead of taxing the business owners in the area. Stated if it is a 501(c)(3) and these are opportunities, he has never felt like he wouldn't have given to something that would have benefitted an area but has been the recipient of some of the DDD decorative enhancements area and has been the recipient of some of the things they are promoting up and down and when we went in front of them to tell them we didn't like this, we had no voice. Stated this is a minority vote and the reason why you are not hearing all of the business owners up and down that area is because some of them are at work right now and they can't be here. Stated it is wonderful if we do something to promote that area but thinks there needs to be more guidelines and more things presented so that each one of those business owners have a vote on this. 15) Renee Drexler stated she is the executive director of the DDD and believes we have the majority support in this and understands that small businesses are concerned about having to pay an extra fee and understands the concerns about the marketing plan but we have some major employers in the area that are in full support of this because they understand the need to invest in Wichita and to create jobs and to attract and retain talent. Stated regarding the process, she has spoken to BIDs all across the Midwest and this process is not uncommon. Stated it is a Kansas statute but also a statute in Nebraska, Oklahoma and Missouri. Stated this is the way BID statutes are written and we are following that process and the statute. Stated one of things we have been accused of is inconsistency in communication and accountability and believes this just brings everybody to the table, everybody has some skin in the game and a voice on what is happening in the district as we not only discuss what we are doing amongst ourselves but also advocating with the City. Stated she feels we have to rise to the same level as downtown Wichita and our partner organizations all along Douglas Avenue are rising to as well to try and attract residents from the east side into the City and continue to grow as a City. Vice Mayor Claycomb stated you sent us an entire list of businesses and highlighted those that were supportive of this and asked how she gathered that information. (Council Member Johnson momentarily left the bench) Renee Drexler stated about 20 on this list they went on line and sent the survey and out of the 20 we only had one that came back and did not support this. Stated the others were either with conversations from myself or board members and reported back and said that these people have said that they would be interested in support of moving forward. Vice Mayor Claycomb stated the last list we got, thinks it was 56%. Renee Drexler stated yes. Council Member Blubaugh asked if there is any kind of opt out ability and what is the penalty if you don't pay your fee. Renee Drexler stated unfortunately there is not an opt out, it is a mandatory assessment and will work that out in our contract and what penalties look like so we can assess a late fee if we choose to do so. Stated there are other methods and we have been talking with other BIDs to see what their penalty processes are to understand and are doing this so that it does not continue to burden a business that maybe couldn't pay it and is sure that they would be willing to work with small businesses. (Mayor Whipple momentarily left the bench; Vice Mayor Claycomb in the chair)  Page 13 CITY COUNCIL PROCEEDINGS January 14, 2020 Council Member Blubaugh asked if this would be something that would go against their tax assessment. Renee Drexler stated no, the money doesn't go back into the general coffers of the City, it is the DDD money to use as they would like and there is no assessment that would go against their property or their assets like a tax would. Stated the harshest penalty that could possibly be placed on them would be to go to collections after a very long term of not paying. Council Member Blubaugh stated if someone went to sale their building this wouldn't show up on a title search. Renee Drexler stated exactly. 16) Coral Donnelly stated she lives in the district on east Waterman and she and her husband own a business in the district as well. Stated she lives, works and plays in this area and is really excited for a future here in Wichita. Stated she is proud to know some of the people who have helped facilitate this change and has given her the urge to help facilitate that change for the future and possibly cement that change and the ability for change. Stated she has watched this area blossom over the past seven years and feels she has a unique perspective as someone who bikes and walks everywhere and is in full support of this BID process as a resident and as a business owner. (Council Member Blubaugh momentarily left the bench) 17) Janelle King stated she is excited to be at this point because this has been a really long process and years of hard work that has gotten us to this point. Stated there has been a lot of walking the streets and knocking on doors, open houses and a yearlong planning committee dedicated just to get us to this point. Stated she believes that this proposal that is in front of you today offers a valuable new tool to the Wichita community to provide economic development and cultural enhancements. Stated she realizes that this does not come without opposition but can give you her personal assurance that due diligence was done bringing all voices to the table to listen and to put the priorities of the great majority and the best interest and the support of the majority is there so that we can celebrate that diversity that is there in our district. Stated we worked really hard to structure this in a way that is feasible and doable for businesses of all levels to that still made sense to have an end that was worthwhile. Stated she owns three businesses on one corner that sits just off of Douglas and has been told many times now that her voice shouldn't matter because she doesn't have a Douglas frontage but doesn't think there is anyone here that can test her passion and love for this City and for this district and contest that because she is not on Douglas that she is still willing to pay the same dollar amount that shows that she sees value. Stated DDD has proven its worth and has a long history of passionate volunteers, successful fund raising, which will not stop and we will continue to do all these things and that positions us as a perfect opportunity for Wichita to try out this new tool that has been proven successful in communities all across the country and you have an organization that you know you can depend on to put the best interest of that district at the forefront to make a better Wichita. Stated she implores each of you today to support this, it is a democratic tool in which all voices can be heard and will create a sustainable funding model and also creates a shared burden to everyone that is receiving value off of the work that from this day has been an optional few. 18) Fasa (?) stated he is here to support the BID for the district. Stated he sees the benefit of the small investment that we asked to pay. Stated he owns a few properties between Washington and Oliver on Douglas and most of his properties are rentals. Stated since buying property there since 2007, he has seen huge improvement in the area and the $500 or whatever is the amount that we are asked to pay per year is a small investment to gain a huge benefit and hopes you will support the BID.  Page 14 CITY COUNCIL PROCEEDINGS January 14, 2020 19) Rick Wesley stated he and his business partner owns three properties on the 1800 block of east Douglas and have actively chosen to not be a part of the district. Stated we don't see the benefit of it for us. Stated we have a tenant in one of our properties and they have also said that they are not interested in being part of this. Stated we believe that it should be voluntary chosen and at least a democratic process so that you can see who wants to be a part of it and if the majority wants to be a part of it, they will pay it but they do not agree with just a few people choosing for us. 20) Rizzo (?) stated there should be an opt out option so that we can decide whether we want to be a part of it or not. Stated we still don't have a clear plan as far as what kind of benefit the small businesses are supposed to gain out of this. Stated they run an online company so they do not have any need for the local presence of walk-in customers and thinks there are a lot of other businesses that feel the same way. 21) Barney Lanier stated he is president of the Transition Group at 125 N. Mathewson stated his businesses do not have Douglas frontage but believes so much in this that we will be part of this and we will pay whatever fee needs to be assessed. 22) Monica Smithson stated she owns a business at the corner of Oliver and Douglas, Aspen Boutique and also owns property there and supports the BID. Stated she was a founding member on the board and in the last 12 years has seen huge growth along Douglas Avenue. Stated she too was once a small business owner and thinks the lowest tax for a small business is $100 a year to make our district look better, to have our City endorse and to have our City bringing plans and helping us become a better district. Stated we have worked really hard and understands and hears what the small businesses are saying but $100 a year is a few lunches or drinks you can skip. When we first started this 12 years ago, it looked blighted and looked like an industrial area and has seen major improvements over the years and feels more comfortable about continuing her business and has been there 32 years. Council Member Blubaugh stated it sounds like you are doing a lot of great things, if the majority truly supports this, wishes there was some kind of opt out option for folks that don't want to be part of it. Stated he looks at it kind of like the real estate business that if you buy a house with an HOA, you know what you are getting into when you purchase that property. Stated if you have an existing business and then we tell you that the rules have changed; wishes there was some kind of opt out element. Stated it sounds like no one is against it, they just don't want their hand forced into it. Council Member Johnson asked Renee Drexler if the voluntary fee for the district is $400. Renee Drexler stated a $400 annual fee and we have a step up where the first year is $100 and gradually each year move up to the $400 realm, especially for our startups that just moved into the district and have always been very cognizant that we do want to try and facilitate startup businesses as much as possible but the full fee that most members pay is the $400 annually. Council Member Johnson asked if that would be for members off and on Douglas Avenue. Renee Drexler stated yes. Council Member Johnson stated looking at this fee schedule including the $400 one, there are two additional higher fees and everything else is below what members are currently paying right now. Renee Drexler stated that is correct.  Page 15 CITY COUNCIL PROCEEDINGS January 14, 2020 Council Member Tuttle asked if the opt out per state law is an option. Scott Knebel Planning Department stated no it is not an option and is required that all of the businesses pay the fee. Stated there is a way you could establish a fee such that different types of businesses have different fees, which is what has been done here. Council Member Tuttle asked if we can get an accurate list of the businesses, which will have to updated annually but is that something we feel confident that we can get with annual updates? Scott Knebel Planning Department stated yes there are a number of marketing agencies that keep data bases of businesses that they sale to people who want to market to those businesses, which is a good resource to get that information. Stated the DDD will also have to walk the district to make sure that list is accurate. Council Member Tuttle stated there are two things she would like to see with this; to make sure that we have accurate financials to be submitted on an annual basis and would like to see some measurable objectives, what is the ultimate goal and if this passes, what is the return on investment and is there any way we can quantify what success means and looks like. Council Member Clendenin stated he has a business interest in the BID and will receive direct benefit from the BID and supports this today. Stated his wife has owned this business for only three months and it has been a struggle but the fee that would be assessed is extremely minimal for the benefit he sees that we would get and because of his business interest in the area and the benefit that he would receive, will be abstaining from this vote today if you are agreeable. Mayor Whipple noted the request to abstain. Council Member Frye stated he would like to applaud the volunteers and members of the DDD, your efforts over the last few years have been tremendous and the events and the marketing that you have been putting on is a bright shining light for Wichita. Stated whatever happens, hopes that will continue because it is making a difference in that area of Wichita. Stated he struggles with the state policy, specifically the protest process and the business versus the property owner, thinks it is backwards the way it is currently written but his overriding concern is the transparency and accountability. Stated we have seen this with the SSMID and the TBID, we don't have control over that as much as we would like even though we are the elected bodies, which is a concern to him. Stated the biggest thing for him is the voluntary free market that has been very successful versus the government mandate that this would be forced on businesses. Stated he counted the numbers and we are at 14 to 8, aye versus nay and hopes we can take some of these issues and continue to work on it and maybe get it to a more balanced approach but as it is today, he cannot support the effort. Vice Mayor Claycomb stated she sat on the planning committee and knows they took their work seriously and appreciates all those folks who served on there and thanked all of the people who are here today both in support and nonsupport. Stated she knows this planning committee did a lot of outreach and studied a lot of options and models from this region and very carefully followed the state process and one thing we learned is that not only customers benefit from shopping in businesses that are located in a BID, but even employees. Stated people that were on the planning committee who didn't have a retail presence said they are located in the district because their employees like being located there and benefitting from that. Stated she has seen support from businesses in the emails she has received and knows today we have had support and non-support and would say that in the many emails she has received, which are from those  Page 16 CITY COUNCIL PROCEEDINGS January 14, 2020 people who could not necessarily be here today; overwhelming support for the BID and we have a list of supporters, which is more the majority. Stated she also sees the value in the SSMID in downtown and what that has done and that is a property owner's SSMID which is how that is assessed and has seen the value of that and what that has done to our downtown, which have been possible because of the SSMID. Stated she doesn't not think the voluntary basis is sustainable and will be in support of this BID today. Mayor Whipple stated it seems like there is a lot of discussion with this and it was a very well informed civic discussion. Council Member Johnson asked staff for clarification; there are two opportunities before this takes effect in January for a majority of businesses to get a petition and deny this. Scott Knebel Planning Department stated that is correct. Mayor Whipple asked if there are opportunities to address some of these concerns in the future and make adjustments to the pending ordinance. Scott Knebel Planning Department stated yes the ordinance establishing the BID could also be amended, the structure and the fee structure can be changed. Stated a lot of the research that was done with other BIDs, they have made those changes in their term as the organization evolves and the services that are needed are better understood from the members. Mayor Whipple stated as we move forward, if there is any unsettling consequences if this was to pass or undue hardship, we could revisit the issue and amend appropriately. Scott Knebel Planning Department stated that is correct. Council Member Johnson stated he appreciates you all being here and through the process of the streetscape we have found some no's into working together and finding a solution that works for the betterment of everyone and Wichita on Douglas. Stated a speaker had talked about waiting on this and we definitely did and is glad that we did because we were able to have Vice Mayor Claycomb join us and get a better product out of that. Stated this was a long process; will it ever be perfect, maybe not but we are taking steps in a direction that is going to be a benefit to our City and Douglas and even those businesses that don't personally see a benefit, thinks these improvements could show them a benefit later on through increased traffic in their district and all of the wonderful art work that we are seeing. Stated have an email from Renee Drexler showing 117 businesses in support of this effort, thinks we now have an opportunity to put it out there and ask if the majority of businesses really don't like this, don't see a benefit, have conversations with DDD and don't like the final product; they have an opportunity, twice, to make this not happen. MOTION: Council Member Johnson moved to close the public hearing, appoint the 14 initial members of the Business Improvement District Advisory Board as recommended by the Planning Committee, place the ordinance establishing a Business Improvement District for the Douglas Design District on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading. Motion carried 4 to 2 (Nays: Blubaugh and Frye), (Abstain: Clendenin).  Page 17 CITY COUNCIL PROCEEDINGS January 14, 2020 COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA 1.) PUD2019-00012 – CITY ZONE CHANGE TO CREATE 37TH EVENT VENUE PLANNED UNIT DEVELOPMENT (PUD #69) ON THE NORTH SIDE OF EAST 37TH STREET NORTH AND EAST OF NORTH WOODLAWN BOULEVARD. (DISTRICT II) Attachment: Agenda Report No. VI-1.doc Attachment: PUD2019-12 MAPC Excerpt Minutes December 5, 2019.docx Attachment: PUD2019-12 Original Proposed PUD Language.docx Attachment: Ordinance 51-177 Attachment: Letter from Agent to Change PUD Language.pdf Attachment: 2019-12-09 DAB II Interoffice Memorandum PUD19-12.pdf Attachment: PUD2019-12 Protest Map.pdf Attachment: Opposing Letters.pdf Attachment: 1196PUD Revised Proposed Final 120319.pdf Attachment: City Council Submission.pdf Scott Knebel Planning Department stated the applicant for this zone change request, has withdrawn their application so the case has been closed and does not need to be considered by the Council. Council Member Tuttle stated she appreciates the residents surrounding this potential PUD. Stated he met with the homeowners association who were respectful and listened and was a wonderful process for the public to be able to provide input and is glad that the issue took care of itself and thanked the residents who voiced all of their concerns. HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE  Page 18 CITY COUNCIL PROCEEDINGS January 14, 2020 X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments - None. Mayor Whipple thanked the Council and staff for helping him through his first meeting. Vice Mayor Claycomb thanked her colleagues today for their votes for Vice Mayor and will take this job very seriously and welcomed Mayor Whipple to our body and congratulated her three colleagues that were sworn in last night. MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. ADJOURNMENT The meeting was adjourned at 11:30 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 8  Page 19 CITY COUNCIL PROCEEDINGS January 14, 2020 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBs for January 14.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for January 14.pdf UNCATEGORIZED ITEMS: 3.) Contract for Beverage Services at Golf Courses. (Districts I, IV, and VI) Attachment: Agenda Report No. II-3.docx Attachment: Golf Contract with Pepsi.docx 4) Second Reading Ordinances: a.) Second Reading Ordinances. (first read January 7, 2020) Attachment: List of Second Reading Ordinances 01-14-2020.docx Attachment: Ordinance 51-169 Revised for 2nd reading.docx II) CONSENT PLANNING AGENDA ITEMS 5.) PUD2019-00016 – City Zone Change to Create Starkey Development Center Planned Unit Development (PUD #72) on the North side of West Maple Street and West of South West Street, 4500 West Maple Street. (District IV) Attachment: Agenda Report No. II-5.doc Attachment: Starkey Development Commercial PUD (11-25-19).pdf Attachment: AS1.11 - Architectural Site Plan.pdf Attachment: PUD2019-16 MAPC Excerpt Minutes December 5, 2019.docx Attachment: DAB report for MAPD on PUD2019-00016.pdf Attachment: Ordinance 51-178  Page 20 CITY COUNCIL PROCEEDINGS January 14, 2020 6.) PUD2019-00017 – City Zone Change to Create SLG 13 Commercial Planned Unit Development (PUD #73) on the South side of East Douglas Avenue and East of South Washington Avenue, 1207 East Douglas Avenue. (District I) Attachment: Agenda Report No. II-6.doc Attachment: PUD2019-00017 Proposed PUD Drawing.pdf Attachment: Report for City Council on PUD2019-00017.doc Attachment: PUD2019-17 MAPC Excerpt Minutes December 5, 2019.docx Attachment: Ordinance 51-179 7.) SUB2019-00047 -- Plat of Kansas Surgery and Recovery Center 2nd Addition Located on the East Side of North Webb Road, on the South Side of East K-96 Highway. (District II) Attachment: Agenda Report No. II-7.docx Attachment: Kansas Surgery and Recovery Center 2nd -support docs -SUB2019 47.pdf II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 8.) Aviation Fuel Storage and Distribution Facility Rehabilitation Project. Attachment: Agenda Report No. II-8.docx