City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS February 4, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 4, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, James Clendenin, and Brandon Johnson. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:01 a.m. Approve the minutes of regular meeting of January 28, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting of January 28, 2020 Motion carried 7 to 0. Proclamation - National Wear Red Day Council Member Tuttle presented the proclamation for National Wear Red Day. Award - Community Service Recognition Council Member Johnson joined Mayor Whipple to present the Community Service Recognition award to Bryce Graham. I) PUBLIC AGENDA 1.) Geneva Smith - Safe Storage Lockers for Firearms at City Hall. Geneva Smith stated this week is National Gun Violence Survival Awareness week. Stated she lost her nine year old son a year ago due to gun violence. Stated he went over to spend the night at a friend's house and never came home. Stated since then she has been pushing for a safe storage law and there is a bill and committee in Topeka and is pushing for a City ordinance. Stated she knows the bill may take a while and feels that this is something that is needed. Stated Wichita and Kansas has the most lenient gun laws, she is not trying to take away anyone's right to bear arms but feels like something so fatal that can end someone's life, there should be stricter laws. Stated she is requesting that the City ordinance be a safe storage bill and states that if an accident like this occurs, that someone is held accountable. Stated her son knew nothing about guns and to lose a child in such a traumatic way and you have no closure; does something to a mother. Stated her son has been gone for a year and she has not properly grieved and this situation offers her no closure and she is still fighting for justice for her child.  Page 2 CITY COUNCIL PROCEEDINGS February 4, 2020 2.) Tailyah Williams - Wrongful Death of Karen Jackson. Derrick Jackson stated his granddaughter Tailyah Williams lost her grandmother due to a Wichita Police Department shooting in 2012. Stated she has never had an opportunity to express herself and has no closure. Tailyah Williams stated she wishes something would get done quicker and it's been almost eight years. Stated she was with her the night that she was killed and when she found out, something switched in her and became a different person. Stated if her grandma wasn't killed, she would not be the way that she is today. Stated she was shot four times, no one tased her and asked why did they have to shoot her four times. Stated she was outside and doesn't understand and wished she could talk to her; she is always on her mind because she was all she had. Derrick Jackson asked the City Council to consider some kind of resolution because one thing that bothers them is that they don't have a place at the cemetery where they can go to honor her. 3.) Shirley Starr - Century II. Shirley Starr stated people in Wichita want to keep Century II and it seems like the Council keeps making excuses for wanting to try and tear it down. Stated she is helping with the petition to keep Century II and understands that they have to have 12,000 signatures and asked if that is true. Bob Layton City Manager stated it is a little more than 12,000. Mayor Whipple stated it is his understanding that it is the percentage of the last turnout. Shirley Starr stated why they have to have 12,000 signatures when you don't have to have 12,000 to do other things. 4.) Suzanne Jenkins - Homeless Veterans in the Community. (CANCELLED) 5.) Barb Myers - Update from the Friends of the Wichita Pioneers on Highland Cemetery. Barb Myers stated she is president of the Friends of the Wichita Pioneers and is a Wichitan and a historian and preservationist. Stated we take care of the oldest cemetery in Wichita, Highland Cemetery, which is at 9th and Hillside on the west side of Hillside. Stated this cemetery was first used in 1868, two years before the founding of the City of Wichita. Stated it was platted in 1872 and was owned by several entities including Henry Smith who owned the land and lot owner's association. Stated the City was required to take it over in 1982 and has been under your jurisdiction ever since. Stated she started studying it in October 2014 and incorporated September 2016 and became a non-profit soon thereafter and formed a memorandum of understanding with the City December 2016. Stated some of the City founders are buried there and we have the honor of taking care of them and their families and take that very seriously. Stated we appreciate the City's attention to its history and to its preservation and would like to be a part of it in a larger way, if possible. Stated we just take care of the one cemetery but knows there are at least four other entities that we could be a part of.  Page 3 CITY COUNCIL PROCEEDINGS February 4, 2020 II) CONSENT AGENDA ITEMS 1 THROUGH 12 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 12 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated February 3, 2020. Attachment: 02-03-2020 Board of Bids.pdf Melinda Walker Purchasing Manager, reviewed the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) UNFINISHED COUNCIL BUSINESS 1.) ECONOMIC DEVELOPMENT GRANT TO PASSAGEWAYS. (DEFERRED JANUARY 21, 2020) Scot Rigby Office of Economic Development stated they are requesting one more week to February 11th before bringing a recommendation forward to the City Council at that time. MOTION: Mayor Whipple moved to defer one week and to come back at the next meeting. Motion carried 7 to 0. V) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND APPROVAL OF A FACADE IMPROVEMENT PROJECT AT 1700 EAST DOUGLAS. (DISTRICT I) Attachment: Agenda Report No. V-1.docx Attachment: Facade Easement Attachment: Ordinance No. 51-184 Mark Elder Office of Economic Development, reviewed the item. Mayor Whipple inquired whether anyone from the audience wished to be heard; no one appeared.  Page 4 CITY COUNCIL PROCEEDINGS February 4, 2020 Council Member Johnson thanked staff for improving that business, this is yet another business that is doing some great work in the Douglas Design District in cleaning up the façade and is excited to see what happens. MOTION: Council Member Johnson moved to close the public hearing, approve the facade easement and place the maximum assessment ordinance for the 1700 East Douglas facade improvements on first reading. Motion carried 7 to 0. 2.) MANAGEMENT SERVICES AGREEMENT WITH WAVE OLD TOWN LLC AT NAFTZGER PARK. (DISTRICT I) Attachment: Agenda Report No. V-2.docx Attachment: FINAL Naftzger - Wave Management Services Agreement.docx Gentry Thiessen Park & Recreation Department, reviewed the item. Mayor Whipple asked if this is a one year contract and is the City's first time trying to bring touring acts to a park and is subject to renewal and adjustments after the pilot is over. Gentry Thiessen Park & Recreation Department stated that is correct. Mayor Whipple stated the park will never be fully fenced off. Gentry Thiessen Park & Recreation Department stated all parks can be fully fenced off for private events but people will always be able to access around the park entirely. Mayor Whipple asked if the two percent sales tax will go back into the maintenance of the park. Gentry Thiessen Park & Recreation Department stated yes. Council Member Blubaugh asked if they will have exclusive rights to this and no other events will be able to be booked without permission or consent or working with Wave. Gentry Thiessen Park & Recreation Department stated community events that are run through the community even application that goes through City Arts and Cultural Services will be run through and can utilize Wave services. Stated Wave has the first right of refusal to say no. Council Member Blubaugh stated if someone else wanted to bring a music act or wanted to bring some other type of performance, they would have to work through Wave to do that. Stated Wave would have exclusive control over that. Bob Layton City Manager stated under the agreement Wave does not have control of other events, it is simply that if want to use the equipment that Wave owns, they have the ability to rent that from Wave and Wave has the first right of refusal on serving alcohol. Stated any event that wants to use the park will work with City staff and not with Wave and Wave cannot veto that use.  Page 5 CITY COUNCIL PROCEEDINGS February 4, 2020 Council Member Blubaugh stated they are looking at around 20 events a year so if someone else wanted to bring in another act there, they could schedule that but have to use the alcohol vendor. Bob Layton City Manager stated they can schedule the event with us. Council Member Blubaugh stated he understood there was no risk to the City. Gentry Thiessen Park & Recreation Department stated there is risk for the City in that loss sharing and the maximum loss would be $25,000. Stated in excess of $50,000 in net loss, would be Wave's responsibility. Council Member Blubaugh asked about liability. Gentry Thiessen Park & Recreation Department stated the liability falls to Wave. Mayor Whipple stated this agreement is the City taking that first step to bring acts that are touring and is capped at 20. Stated if a local production wanted to have an event, they can still go through Park & Rec as long as their event doesn't fall on one of those 20 days throughout the year; they would still have access to this. Gentry Thiessen Park & Recreation Department stated she would like to clarify that there is no cap on events, it is an expected 20 and that is what Wave has proposed. Stated if other entities in the City wish to book events, they can go through the City and through that shared event calendar with Wave and should be able to book that. Mayor Whipple stated Wave can't tell Music Theater of Wichita that they cannot use the stage unless they have an event on that night that has already been planned. Gentry Thiessen Park & Recreation Department stated yes. Vice Mayor Claycomb stated she wants to clarify the first right of refusal. Stated if someone else wanted to use the park, and they get better prices or service from another vendor, do they have to use Wave. Gentry Thiessen Park & Recreation Department stated it is her understanding that Wave has the right of refusal but also have the right to provide that service. Stated it will be considered. Vice Mayor Claycomb asked who makes that determination. Gentry Thiessen Park & Recreation Department stated the Director of Park & Recreation. Mayor Whipple inquired whether anyone from the audience wished to be heard. 1) Jason Gregory stated he works with Downtown Wichita and is here to speak in support of the agreement. Stated Naftzger Park is important in downtown's continued development. Stated Project Downtown identified this park and intersection as a key node and that linkage connection between the Arena and the Old Town Entertainment District. Stated the role of parks have changed dramatically especially in urban settings on how they serve and the purpose they serve communities. Stated they play a very prominent role in the activation, adding vitality, and thinks it is no different than the investment we have made in Naftzger Park will have on our community. Stated they serve as central gathering places and increases the activity that takes place there. Stated you can invest in public spaces but it needs to be  Page 6 CITY COUNCIL PROCEEDINGS February 4, 2020 more than that. Stated you can't just invest in a space and expect people to come, they have to be actively programmed with events and activities, which cost money. Stated an old model might be to raise sponsorship for each and every event that happens, but that is not a consistent way to ensure that this activation is going on. Stated this model will allow for consistency and continuity that is extremely important because that is what brings life to the down town area. Stated we are so excited to see this park transformed and activated and thanked the City for its significant investment and thanked the private sector partners for their vision and investment in making the project a reality. 2) Adam and Jessie Hartke stated we are owners of Wave. Stated historically city centers are vital for a city to flourish and for its community to feel like they have a gathering place for community members to get together and we see Naftzger as possibly being that now with the revitalization. Stated Wave is all about bringing people and the community together and doing things that create common bonds and it is not our intent to keep Music Theater of Wichita from doing a play or keep anybody out of the park. Stated when booking acts, we are constantly looking around things and trying to compare with other cities and schedules, so the reasons for the hold on the calendar and communication between us and the park is not due to us wanting to be restrictive, it is the nature of the business of not always knowing when a specific date is going to line up and having flexibility within those set dates. Stated we are going to be welcome with working with anybody and are going to do our best to work with everybody. Council Member Johnson asked Mr. Hartke if he is saying the events he has everyone is welcome and if there is someone who is homeless, they are not going to be pushed out. Adam Hartke stated yes, everybody is welcome. Stated we will have general modes of conduct that we expect from anybody and if somebody is violent or screaming at people; no matter what class you are, race, socio-economic background is, we expect people to treat each other with respect and kindness. Stated that is their main operating procedure so if there is somebody there listening to music and they are existing in a public space, we have no issue with that and encourage it because it might help break down barriers that so many people have with that community and their hesitance towards that community. Stated we are all for the homeless as a part of our community and giving them entertainment too. Jessica Hartke stated our main goal to everything we do, we do feel like we live in a fractured society and we feel that providing musical entertainment is a way to create a cohesive moment for people who would not generally interact with each other. Stated maybe we can come together and realize we really are all humans and create a better world with that and have been so lucky to be able to do that at Wave and when we saw this opportunity at Naftzger, we thought that would be a beautiful way for us to continue this. Adam Hartke stated we are doing this without ticket revenue and may do some VIP sections there, but is not a focus of ours. Stated the alcohol revenue is almost essential on events we do produce, we are probably going to take losses on but on events that we work with people and provide alcohol for that is where we might make up those losses. Mayor Whipple stated you have the first right of refusal so if a non-profit or community organization says we want to use this at a time that you are not using it, one of the people are going to in-kind their equipment and time. Stated you could technically say that you have to use our equipment, this is the price tag; in such a situation, how would you handle that. Adam Hartke stated we work with a majority of non-profits, we are not interested in trying to profit off of that situation because we understand that situation. Stated we don't want to be in a situation where somebody is under the guise of a non-profit and there is somebody profiting off of it because that  Page 7 CITY COUNCIL PROCEEDINGS February 4, 2020 happens. Stated we would tell them to serve their stuff or if we can help them in some way if you don't have the staff to do it and we split the revenue somehow, so you don't have the burden of having to go through the licensing and buying the stock; we are going to work with people. Mayor Whipple stated it sounds like you would be willing to work with a group like that in the hopes of keeping an event going instead of stopping an event. Adam Hartke stated of course. 3) Cody Lathrop and Crystal McDonald stated they are the owners of Xclusive Events and are the private production here in town that does public events that are free and don't have ticket prices for our events. Stated our revenue is alcohol, vendors, and food. Stated we utilize public property, we go through the community event application which has been approved by the board, if we want to use a public piece of land we go through City staff, pay our dues and move on. Stated we feel the privatizing of a public piece of land kind of draws the line and we don't know if we can go to another public park and do this, if this is a one time or if this is a precedent that could continue as is. Stated community event applications have worked well, they know Adam Hartke very well and have no issue with Adam at all. Stated it is the idea of coming into a piece of property that ourselves or any individual that comes along, would have to ask another private individual company if they could get permission; why would they refuse anything. Stated first right of refusal on another company to succeed and make revenue or pay their taxes, for them to stop us because they may want to bring in an act or have an act in mind, we are concerned with that. Crystal McDonald stated we are not opposed to Wave doing this, we are opposed to saying we want to move our Octoberfest or an event and now we can't bring one of our four booze trucks that we created down there. Stated the way we make money is off of liquor, so for us to be able to have an event, we have to have our booze trucks there and now we can't. Stated you guys are stopping a small business from being able to create another event downtown because as Adam said, that is the only way he is going to make money is to be able to run all the liquor through there. Stated she doesn't have an issue with Wave taking over the space, she has an issue not allowing people to do an event there without liquor. Stated we should have to go through the City to ask for permission and not Wave to use City property. Vice Mayor Claycomb stated the way she understood it is Wave does not have that authority, Director of Parks has that authority. Bob Layton City Manager stated in terms of actual programming of the park, the Park & Recreation Director has control over that. Stated the issue is the service of alcohol. Vice Mayor Claycomb stated if an event wanted to use Naftzger Park and they thought they had a better price, service or whatever on alcohol, who makes that determination. Troy Houtman Director of Park & Recreation stated the scheduling is going to be a joint scheduling with Wave and we want to find as many opportunities to activate the park as possible. Stated there will be some specialty situations where Wave cannot address those or Park & Recreation cannot address those, so we will find those folks and schedule them in to the park. Stated for Wave to pay the bands that are coming in and local artist that are going to be part of programming it, they need to make some money and that is through alcohol sales. Stated Wave has that expertise and can help us schedule and serve and we wanted to make sure they have that first opportunity to serve and make money to cover their losses. Stated it is a difficult situation, somebody might be left out but there are other opportunities at other parks  Page 8 CITY COUNCIL PROCEEDINGS February 4, 2020 and venues. Stated to get their expertise and commitment to this park, we had to commit to them that they would be the first right of refusal. Vice Mayor Claycomb stated this would mitigate our losses too. Troy Houtman Director of Park & Recreation stated most definitely. Mayor Whipple stated we are not in the business of attracting acts so Wave can facilitate that. Stated with the conferee that are here, of Wave has the first right of refusal, if they refuse taking part in a community event, would the conferee be able to bring their booze truck and sale booze at that event. Troy Houtman Director of Park & Recreation stated yes and that is one thing we want to look at is Wave will look at the events and if they can provide service for it. Stated if they can't or don't want to, we will talk to the next person to provide that service. Stated it is important that in a contract as we are trying to do something experimental downtown, we have to make some commitments for those services and those expertise and thinks there is a lot of flexibility in this. Council Member Blubaugh stated KWLS, Union Stockyards want to come in here and want to bring in Xclusive Events, will they be able to do that? Troy Houtman Director of Park & Recreation stated we will look at the calendar and the City will look at what is going to work best and if they want to provide alcohol services, we will talk to Wave and if they can't or don't want to, they will refuse and the next person can provide that service. Stated it is important that we honor that contract that they are providing that service because they are the experts in providing us with the service that we are not very good at. Council Member Blubaugh stated wouldn't you agree if somebody wants to bring in a music act, they are going to have their own partners and everybody profits off of the alcohol, which is part of the equation. Troy Houtman Director of Park & Recreation stated Wave would not want to do this if they don't get a chance to recoup their losses. Council Member Blubaugh stated but it is not their music act that they are bringing to town. Troy Houtman Director of Park & Recreation stated we would give them the opportunity to work that event if they don't want to or can't we would go to the next person. Council Member Johnson stated let's say Wave refuses to provide a service because they are busy, what is the process then in reaching out to folks like Xclusive Events, do we have a list of licensed providers and you reach out to all of them and whoever responds would be the person who fills in. Troy Houtman Director of Park & Recreation stated more than likely they would be bringing that in as a package but if there are other service providers we will contact them and ask them if they would be interested in providing that service. Mayor Whipple stated if we move forward with this as written would you be willing to come back and give us updates because it is a pilot program for one year, on what we need to change for the next contract and what is working and what is not.  Page 9 CITY COUNCIL PROCEEDINGS February 4, 2020 Crystal McDonald stated sure but does not see anyone else having events there because why would Wave hand over the liquor when that is the only thing that makes money at free events. Stated you are pigeon holding that park to just Wave and thinks that is unfair to all the other small businesses that want to have events down there and it is a public park. Cody Lathrop stated they will come back. Mayor Whipple stated the goal is to make good public policy and hopes that you guys do. Council Member Frye asked Xclusive Events if they looked at the original RFP and consider putting in a proposal and if you chose not to, why? Crystal McDonald stated Tori Deatherage sent it to her two days before it was due on a private email. Stated I had no idea how to even see those and don't know anything about that and looked at it and said this doesn't seem like anything we would be interested in. Stated what is being proposed now is not what was originally proposed when she looked at it. Cody Lathrop stated the RFP didn't have anything that referenced the loss risk share it just asked for a management company to find vendors and when they read this they thought this would be a management company that would allow all of us to come in and not a private individual with a kickback to the City. Stated if the RFP said we would share your risk, you probably would have gotten more than five people, this is a sweet deal to only have one person apply; there is something going on here whether the developers are behind it, to have one person apply and then give that one vendor a risk share. 4) Pat Pelkowski with Shaken or Stirred Bartending stated he wants the Council to know that there is more than just one company that has questions about this. Stated he fully supports Wave and thinks they are fantastic entrepreneurs and supports the City in realizing that they are not vendor organizers and need the experts in here to do it but takes exception with the fact that if somebody other than Wave comes in there on one of those other 32 weekends that could be filled with an event, that Wave or the City's Park Department has the right of first refusal. Stated if he decides go to in there and organize something, he wants to bring his truck and alcohol in there to sale, that is the revenue portion, which is why Wave did what they did. Vice Mayor Claycomb stated you said if you wanted to do this in another City park you wouldn't be able to and asked Mr. Pelkowski to explain that. Pat Pelkowski stated as far as he understands the City park rules do not allow alcohol on City park property. Stated we have tried before with different volleyball events and has been told because they can't block it off and children could be there that no alcohol is allowed. Vice Mayor Claycomb stated she thinks we have changed some of that and asked staff to address this. Troy Houtman Director of Park & Recreation stated we have changed the ordinances that have allowed alcohol back in September, so alcohol is available during special events and certain circumstances. Stated we receive the applications and look at them and if they follow the ordinances, nine times out of ten we have always said yes. Council Member Johnson asked staff if we can provide that information to the providers on the changes to the ordinance so that they know.  Page 10 CITY COUNCIL PROCEEDINGS February 4, 2020 Troy Houtman Director of Park & Recreation stated yes and we will work with the folks in Purchasing who has a good list of the providers out there and will work with WDDC. Mayor Whipple stated we are trying to error on the side of doing great things here in the City and during this one year pilot if you notice something to let us know. Stated your experience is going to be valuable as we go forward. Pat Pelkowski stated he will. Council Member Blubaugh stated he appreciates everyone's comments especially Jason Gregory's telling us about other cities and what they are doing to utilize parks asked staff and Mr. Hartke if it would hurt to pause a little bit so that the Council can take a better look at what other cities are doing. Stated he thinks this is mostly an internal thing and didn't know about this until just a few days ago and is still trying to learn more and asked if there is a sense of urgency. Troy Houtman Director of Park & Recreation stated we are trying to get things going in regards to events that are starting up in March where we are going to have a lot of events where there will be opportunities for Wave to break even. Stated this isn't a situation where somebody is going to be raking in all kinds of dollars, it is an opportunity for them to pay for entertainment. Stated there is not a huge rush but wants to get something going before March and if we go past that we are losing opportunities for events and revenue. Council Member Blubaugh asked how soon after a Council decision could the Wave start scheduling things. Troy Houtman Director of Park & Recreation stated we are working on schedules right now and within a week. Adam Hartke stated we are actively working on planning, licensing and purchasing the equipment that we need to do this. Stated our first event is planned for March 11th followed by the 12th and 13th and we have almost two dozen holds on the calendar for other events. Stated he is willing to work with people. Council Member Blubaugh stated if we looked at a one week delay do you think it would affect these March events. Adam Hartke stated time is of the essence, we have been working on this for five months. Council Member Tuttle stated this is a retro-active contract starting in January and we are already in February so if we ask for a delay, we would be putting another burden because we already have a month where they didn't get to do anything. Bob Layton City Manager stated that is correct. Council Member Blubaugh stated it wouldn't have to be retro-active, we could get a true 12 months. Bob Layton City Manager stated it was represented as being a one year contract starting in January, which means it terminates at the end of the year.  Page 11 CITY COUNCIL PROCEEDINGS February 4, 2020 Council Member Blubaugh asked if those contracts are generally set up ending December 31st. Bob Layton City Manager stated no but we try and do it on a defined increment so in this case it was a one year contract to give them some predictability so you are shortening the contract period. Council Member Blubaugh stated it might be something to look at just because there is obligations for profit and loss. Council Member Frye stated there is a lot of excitement about this park and we are getting close to activation and it is unusual that we have this opportunity and have never had this public gathering place before. Stated staff brought up a couple of good examples where we have agreements with operations that have a partnership deal for services, so we have some precedence here. Stated the concern he keeps hearing is that because there is so much interest and this unknown of available dates and when there might be other opportunities, if there is an opportunity to make that shared calendar public so people can see what dates are available would help other groups that are wanting to plan stuff. Stated the other thing he keeps hearing is this one year pilot and thinks there is a lot of interest in seeing how this works and on the contract, the term of agreement it says to review and doesn't say who will make that review or when. Stated he would like to see that one year review brought back to the Council in a public way so that we can review it to see where it worked and didn't work and if we want to proceed with the option and not just make it an automatic. Stated if there are groups that were not aware of the initial RFP, or now that we have had that year to figure it out, we might want to change some things. Vice Mayor Claycomb stated she likes the idea of bringing this back to the City Council in a year. Stated she understands the reasoning for the exclusivity, they have to be able to cover their losses and expenses and it mitigates our losses. Stated we would stand the potential of suffering losses if the Wave doesn't have that coming in. Stated the Wave was chosen because of their expertise in event management by a selection team and thinks contracting their services to activate Naftzger Park relieves City staff from the burden of activation which is what Director Houtman talked about and it would release our liability in serving alcohol. Stated when you look at urban parks and recognize the importance of activating those spaces, that exclusivity is important for this one year pilot to see how that works out and at this point is willing to support this contract today. Council Member Tuttle thanked staff for their hard work and Wave for submitting their RFP and the other vendors who came today. Stated in District II we have Stryker and a contract with another entity that helps us because they have content expertise in making sure that we plan events and have successful tournaments and thinks the precedence is set in our community and because it is a one year pilot. Stated she would ask staff and Wave to have some sort of way that if Wave wants to refuse that other entities have the opportunity to jump in and that they know that happened. Stated she is going to be supportive of this and will look forward to a review at the end of the first year. Council Member Clendenin stated he would like to see other parks in our City activated like this and thinks we have the opportunity now with some of the changes that were made in September and encouraged Park staff to look at utilizing underutilized parks. Stated as we move forward it would be great to see how staff moves forward with activating those parks. Stated with some of the investment that he anticipates happening over at Clapp Park; thinks it will be an amazing venue as well. Stated the public has expressed interest in having an amphitheater and some sort of venue and thinks we are going to have the opportunity with moving forward some more opportunities.  Page 12 CITY COUNCIL PROCEEDINGS February 4, 2020 Mayor Whipple stated one of the things that makes Wichita great is the fact that we have so many parks and each park has different amenities and feel to it. Stated he understands some of the arguments that have been communicated about having live entertainment and contracting with a professional organization to bring this live entertainment and at Naftzger Park. Stated moving forward it is important that we do what we can to bring energy and vitalize what will be an asset, which is this park. Stated as we take this step forward, would encourage feedback from the public and this is the first time the City has done something like this. Stated the parameters have changed with our ordinances and as we move forward as a community with this, we want to error on the side of providing quality of life amenities and making sure that we are being fair to local businesses. Council Member Johnson stated he shares the concerns of the businesses that came forward and was stuck on that for a while but will be supportive because this is a pilot and would encourage feedback to the Council and for those who said they would not attempt to do an event there, would encourage you to try it because he wants to know if you are refused to do that or if it works out for you, what that looks like. MOTION: Council Member Johnson moved to approve the contract and authorize the necessary signatures. Council Member Frye asked Council Member Johnson if he would be amenable to including in your motion a one year review of Council prior to it being renewed. Council Member Johnson stated yes. AMENDED MOTION: Council Member Johnson moved to approve the contract and authorize the necessary signatures and have a one year review by the Council before moving forward. Motion carried 7 to 0. 3.) TENNIS CENTER IMPROVEMENTS. (DISTRICT VI) Attachment: Agenda Report No. V-3.docx Attachment: Resolution 20-020 Troy Houtman Director of Park & Recreation reviewed the item. (Council Member Blubaugh momentarily left the bench) Gary Janzen Engineering Department, reported on the financial portion of the item. Council Member Blubaugh stated he is continually trying to better understand our priorities and asked staff when this was put into the CIP. Troy Houtman Director of Park & Recreation stated we have been continually asking for repairs and improvements for the tennis center over the past four years. Stated it hasn't gotten much traction, we asked for a three year $500,000 improvement and then it all came into one for this past year.  Page 13 CITY COUNCIL PROCEEDINGS February 4, 2020 Council Member Blubaugh asked when the request was put into the CIP. Bob Layton City Manager stated the request actually started four years ago. Council Member Frye stated he sees we are expanding parking and asked how many spaces and asked if there will be any improvements to the club house or bathrooms. Stated if we are going to add this many more courts and this much more activity, do we have the infrastructure to handle that many more people with the facilities that we have. Troy Houtman Director of Park & Recreation stated in this plan we are not expanding any of the parking lot. Stated we have already made improvements to the club house and have already made some improvements to the restrooms and have the capacity to support anything that is larger. Stated we just don't have the tennis courts for that. Council Member Tuttle stated right now we have $1.5 million dollars allocated for this project. Troy Houtman Director of Park & Recreation stated correct. Council Member Tuttle stated we think we can do this work within the confines of that amount. Troy Houtman Director of Park & Recreation stated correct. Council Member Tuttle asked if the backup plan is to apply for grants. Troy Houtman Director of Park & Recreation stated we would still apply for grants to do any more additional amenity upgrades and is the intent that they want to go after those funds to make even more improvements. Stated if we are short, we will use those funds to cover the shortfall. Council Member Tuttle asked if there are RFPs already out there or will it be a grant. Stated she is worried that in the grant world, it can take a long time from when you apply to when you get a grant or when you find out you get it. Stated she is worried about there being a gap and what would happen. Troy Houtman Director of Park & Recreation stated as they are managing the project they will look at these priorities first and can fill the tennis court later on with a grant. Stated it is not going to have a huge impact on how we go through the process. Stated the important thing is that we want to do it this spring before the peak season. Council Member Tuttle asked if there are entities that you feel would be viable for us to apply to. Troy Houtman Director of Park & Recreation stated yes, they have already started talking to a lot of the construction folks in town, a lot of folks already know about this project and we are ready to get some bids. Bob Layton City Manager stated this is a little different than a lot of our programs where we are seeking grant funds and are really kind of cold in terms of the relationship. Stated the tennis staff has built a pretty strong ongoing relationship with USTA and the Maureen Connolly Brinker Tennis Foundation and we have received funding from the foundation on multiple occasions in the past.  Page 14 CITY COUNCIL PROCEEDINGS February 4, 2020 Mayor Whipple inquired whether anyone from the audience wished to be heard. 1) Becky Santiago stated she is an attorney and a life-long Wichitan but is here today as the USTA Kansas Executive Director and has also helped adults to coordinate leagues for tennis throughout the state of Kansas. Stated she grew up here and has played at Riverside since she was a small kid and has played at every facility here in Wichita including all the private clubs. Stated she played tennis in college and played high level USTA matches and has traveled to Oklahoma City, Omaha, and the Plaza so she knows what we are trying to do here and what we are compared to in our region. Stated USTA Kansas hosts tournaments for juniors and adults and the City of Wichita cannot host these tournaments because we do not have this facility yet. Stated we don't have enough outdoor courts or indoor courts at the same facility in order to bring in hundreds of players and families, juniors, parents, adults and their kids to play on a weekend here in the City of Wichita. Stated right now those tournaments are going to Topeka, which means we are losing out on revenue here in the City of Wichita. Stated this proposal is going to be awesome and she is here to fully support the funds that are being set aside by the City. Stated she is also involved with the City as well as with Maureen Connolly Brinker and USTA also provides grants so there are funds out there to help with this and to grow it in the next phase and is very excited about this and hopes the Council passes this request. Mayor Whipple stated in your experience, how this looks now would actually bring us to a level in which we could take competitions from Topeka or other areas in the region. Becky Santiago stated yes, we can't even put in a bid at this point to host sectionals here in Wichita because we have to have 12 outdoor courts and this will give us 13 outdoor courts. Stated we can do it now with this proposal, we would be able to bid and host those sectionals. Mayor Whipple asked if these are going to be better than what Tulsa has. Becky Santiago stated she has not played in Tulsa. MOTION: Council Member Claycomb moved to approve the budget and preparation of tennis center grant applications if necessary, adopt the resolution and authorize necessary signatures. Motion carried 7 to 0. 4.) 2020 CHENEY OZONE GENERATION POWER SUPPLY RENOVATION. Attachment: Agenda Report No. V-4.docx Attachment: Resolution 20-021 Attachment: NOI 20-021 (Council Member Frye momentarily left the bench) Don Henry Public Works & Utilities reviewed the item. Mayor Whipple inquired whether anyone from the audience wished to be heard; no one appeared.  Page 15 CITY COUNCIL PROCEEDINGS February 4, 2020 MOTION: Mayor Whipple moved to approve the budget, authorize sole source procurement for the equipment, adopt the resolution and authorize all necessary signatures. Per Charter Ordinance No. 211 this item requires a two-thirds majority vote (5 votes required). Motion carried 7 to 0. 5.) SUPPLEMENTAL DESIGN AGREEMENT NO. 4 AND RAILROAD AGREEMENTS FOR 17TH STREET NORTH, I-135 TO BROADWAY. (DISTRICT VI) Attachment: Agenda Report No. V-5.doc Attachment: Public Highway at Grade Crossing Attachment: 17th St. - 670129A with Form 704 Attachment: SA No. 4.pdf Attachment: Stormwater 19-63430 Permit Draft - City of Wichita.pdf Attachment: Waterline 19-63431 Permit Draft - City of Wichita.pdf Attachment: Crossing Surface Installment Agreement 009266P.pdf Attachment: Crossing Surface Installment Agreement 009315J.pdf Gary Janzen Engineering Department, reviewed the item. Vice Mayor Claycomb stated this is for BSNF and UP but in our agenda report it has the cost for the WTA agreement. Gary Janzen Engineering Department stated he doesn't think we have those quite finalized yet so it may be coming back one more time. Vice Mayor Claycomb stated if you add up all those numbers, they add up into that request. Gary Janzen Engineering Department stated with the WTA also? Stated he apologizes for missing that one. Stated we have multiple railroads here and almost a half a dozen crossings so it is all of the above. Mayor Whipple inquired whether anyone from the audience wished to be heard, no one appeared. MOTION: Vice Mayor Claycomb moved to approve the agreements and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA - NONE  Page 16 CITY COUNCIL PROCEEDINGS February 4, 2020 HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA 1.) CANCELLATION OF MARCH 10, 2020 CITY COUNCIL MEETING. Attachment: Agenda Report No. IX-1 Mayor Whipple stated members of the Council will be traveling to Washington, D.C. MOTION: Mayor Whipple moved to approve the cancellation of the March 10, 2020 City Council meeting. Motion carried 7 to 0. X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Frye appointed Steven Coberly to the WER board. MOTION: Council Member Frye moved to approve the appointment. Motion carried 7 to 0. Mayor Whipple appointed Council Member Brandon Johnson to the to the Single Use Plastic Bag Task Force as the chairperson and Lavonta Williams, Lori Lawrence, Sheila Lowrie, Brett Prather, Angela Bascue, Chris Becker, Jeff Dozier, Kathy Vines, Jane Brynes, Marty Spence and Council Member Becky Tuttle. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Mayor Whipple stated Public Works & Utilities is recommending Alex Dean to be appointed to the Sedgwick County Solid Waste Management Committee. MOTION: Mayor Whipple moved to approve the appointment. Motion carried 7 to 0.  Page 17 CITY COUNCIL PROCEEDINGS February 4, 2020 Council Member Johnson stated Joe and Don from Public Works came out last night to his district advisory board meeting and gave a great presentation on two of the major flooding issues we have in District I on Bleckley and Northeast Heights. Council Member Tuttle stated she wants to take a moment to send our thoughts and prayers to one of our fellow elected officials across the street at the County. Stated County Commissioner Michael O'Donnell lost his father this weekend and hopes everyone will keep him and his family in their thoughts and prayers during this very difficult time. Mayor Whipple stated moving forward, if there are other members of the community who are deserving of recognition for their commitment to giving back to our community such as the citizenship award that was given out this morning, to please reach out to your Council Member or to him by phone or email. Stated our goal is to show off the great work that is going on in our community. RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to that the City Council recess into Executive Session for 20 minutes to receive information on a matter involving a proposed ordinance pursuant to K.S.A. 75-4319(B)(2): for legal consideration with the City Attorney, which would be deemed privileged in the attorney-client relationship. Potential litigation and legal advice. The Executive Session is required to protect attorney- client privilege and the public interest for 20 minutes. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 11:35 a.m. MOTION: Council Member Johnson moved to adjourn the meeting. Motion carried 6 to 0, (Absent: Clendenin). The meeting was adjourned at 11:36 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 18 CITY COUNCIL PROCEEDINGS February 4, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 12 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 February 4, 2020 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for February 4, 2020.pdf 3) Petitions for Public Improvements: a.) Petitions for Improvements to Serve Kansas Surgery and Recovery Center 2nd Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Petitions Attachment: Resolution 20-022 (028278) Attachment: Resolution 20-023 (028280) Attachment: Resolution 20-024 (085436) b.) Revised Petitions for Improvements to Serve R.F. Addition. (District II) Attachment: Agenda Report No. II-3b.doc Attachment: Petitions Attachment: Resolution 20-025 (005338) Attachment: Resolution 20-026 (005513) Attachment: Resolution 20-027 (005514) Attachment: Resolution 20-028 (005515) Attachment: Resolution 20-029 (005517) Attachment: Resolution 20-030 (005518)  Page 19 CITY COUNCIL PROCEEDINGS February 4, 2020 Attachment: Resolution 20-031 (085421) Attachment: Resolution 20-032 (085533) Attachment: Resolution 20-033 (085534) Attachment: Resolution 20-034 (085535) 4) Agreements/Contracts: a.) Funding and Supplemental Design Agreement No. 1 for Improvements to West Street, Harry to Pawnee Avenue. (District IV) Attachment: Agenda Report No. II-4a.doc Attachment: SDA No. 1.pdf Attachment: Resolution 20-035 b.) Supplemental Design Agreement No. 3 for Mt. Vernon Street from Broadway Street to Southeast Boulevard. (District III) Attachment: Agenda Report No. II-4b.doc Attachment: Supplemental Agreement No. #3 c.) Water Treatment Plant Sludge Clarifier Drive Housing Replacement. Attachment: Agenda Report No. II-4c.doc Attachment: Contract.pdf 5) Property Acquisitions: a.) Partial Acquisition of 15520 West Maple for Sewer Easement. (District IV) Attachment: Agenda Report No. II-5a.doc Attachment: Supporting Documents.pdf 6) Minutes of Advisory Boards/Commissions: Wichita Transit Advisory Board, September 18, 2019, October 16, 2019, November 20, 2019  Page 20 CITY COUNCIL PROCEEDINGS February 4, 2020 Uncategorized Items: 7.) Agreement for Sedgwick County Reimbursement of City of Wichita Costs Associated with the Metropolitan Area Building and Construction Department (MABCD). Attachment: Agenda Report No. II-7.docx Attachment: Amendment to Interlocal Services Agreement 8.) Sedgwick County Oaklawn Agreement Renewal. Attachment: Agenda Report No. II-8.doc Attachment: Oaklawn Service Agreement 2020.docx 9.) 2020 Department of the Treasury, U.S. Immigration and Customs Enforcement Homeland Security Investigations Asset Seizure and Forfeiture Fund Budget. Attachment: Agenda Report No. II-9.doc 10) Second Reading Ordinances: a.) List of Second Reading Ordinances. (first read January 28, 2020) Attachment: List of Second Reading Ordinances 02-04-2020.docx II) CONSENT PLANNING AGENDA ITEMS 11.) SUB2019-00054 -- Plat of S.C. Addition Located One-Eighth Mile South of West 29th Street North, on the East Side of North Hoover Road. (District VI) Attachment: Agenda Report No. II-11.docx Attachment: Supporting Documents II) CONSENT HOUSING AGENDA ITEMS 12.) Rental Assistance Demonstration Relocation Coordinator. Attachment: Agenda Report No. II-12.doc Attachment: Relocation Coordination Agreement II) CONSENT AIRPORT AGENDA ITEMS - NONE