City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 7, 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, Director of Law, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Mayor Whipple stated for those of you who are watching online, this is streaming on YouTube and if you have comments on items to please type them in and the Clerk will relay any of those comments to us. Approve the minutes of regular meeting of March 24, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting of March 24, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA - SUSPENDED 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 MARCH 23, 2020 AND APRIL 6, 2020. Attachment: 03-23-2020 Board of Bids.pdf Attachment: 04-06-2020 Board of Bids.pdf Melinda Walker Purchasing Director, reviewed the board of bids. Council Member Johnson stated in the spirit of transparency of his colleagues; asked staff if she could show on these reports how many people bid on these projects. Stated he noticed one company received a lot of the awards and wants to make sure that folks see that there are more people bidding than just one  Page 2 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 company. Melinda Walker Purchasing Director stated they can do that, for this they are doing the recommendations but can print the actual bid tabs for next week. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. Mayor Whipple stated to try and prevent the spread of COVID-19, we have closed City Hall to the public. The City of Wichita continues to provide essential public services and the City Council will continue to meet on Tuesday mornings with proper distancing and no more than 10 people in the Council Chambers at one time. To keep our meetings open to the public and ensure that our meetings are accessible, Council Meetings will continue to be televised live on Channel 7 and live streamed on You Tube. Meeting agendas are posted in advance on www.wichita.gov and after the meetings, videos are made available at www.wichita.gov as well. We want to ensure that the public can still interact and participate in Council Meetings without being physically present. To submit a comment on an agenda item, please go to the City's You Tube page to access the live stream of this event and leave a comment on the video's chat feature. The procedure for Executive Session will be the same as usual but we will recess into the City's first floor board room instead of the Council's conference room. The size of the board room will allow proper distancing, we will continue to return to the Council Chambers after Executive Session. IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) WATER AND SEWER UTILITY REVENUE BOND SALE. Attachment: Agenda Report No. V-1.doc Attachment: Council Parity.pdf Attachment: Basic Docs 2020A - final.doc Mark Manning Finance Department, reviewed the item. (There were no public comments or questions) MOTION: Mayor Whipple moved to ratify the award of the bid for the bonds by the City Manager; adopt the Bond Ordinance on a Declaration of Emergency basis; adopt the Bond Resolution; and authorize the necessary signatures. Motion carried 7 to 0.  Page 3 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 2.) EMERGENCY RESPONSE TO THE COVID-19 PANDEMIC. Attachment: Agenda Report No. V-2 Attachment: Resolution 20-085.docx Attachment: Resolution 20-086.docx Mark Manning Finance Department, reviewed the item. Mayor Whipple stated this is taking one million dollars and putting it into another account for the purpose of addressing the current COVID-19 situation and the reason for that is to help with federal reimbursement, where if it is in its own account, it would be a lot easier to present that case if we are in the position to qualify for reimbursement. Bob Layton City Manager stated that is correct otherwise we would have expenditures scattered throughout the organization and it would be a lot harder to account for those when it came time for filing. Stated normally FEMA allows for filing pretty quickly after an event or in this case even during an event. Mayor Whipple stated it is up to a million dollars, we are not at this point, assuming we are going to spend a million dollars. Stated this is just to start up funds but doesn't mean we are spending a million dollars on this at this time. Bob Layton City Manager stated that is correct, it establishes a maximum and if our expenses exceed a million dollars, we will come back to the Council for expansion of that. Council Member Johnson stated it says in the agenda report that if money is spent there will be a report coming back to the Council for ratification, so the public would be aware of any expenditures? Bob Layton City Manager stated that is correct. Stated if we don't get reimbursement, the Council will ultimately decide how we cover these expenses as we work through the 2020 amended budget. (There were no public comments or questions) MOTION: Mayor Whipple moved to adopt the resolutions and authorize the necessary signatures. Motion carried 7 to 0. 3.) SUPPLEMENTAL DESIGN AGREEMENT NO. 1 AND FUNDING FOR AQUATICS MASTER PLAN DESIGN. Attachment: Agenda Report No. V-3 Attachment: SDA No.1.pdf Gary Janzen Engineering Department, reviewed the item. Vice Mayor Claycomb asked staff to remind us why the design at College Hill and these inspections weren't in the original budget.  Page 4 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 Gary Janzen Engineering Department stated this came together over the last 10 years and was a moving target and as things were evolving, we were trying to get things going to get something actually moving. Stated there was some discussion about whether was anything at all that could be done with College Hill because it was one of the newest pools in the system. Stated as we started moving forward to try to get something moving on phase one; that is when we developed the original design contract with Water's Edge and had further discussion with College Hill going forward. Stated regarding the inspection, we were hoping and planning at one time to use our staff and we still are going to. Stated the specialized nature of this work is going to help us to have Water's Edge on board and we are hoping to still do as much of the inspection as we can and save some of that cost but we wanted to have that in place for when we need them because there are a lot of things being done here that we do not do on a normal basis. Stated they have a lot more experience than we do when it comes to inspection of these facilities. (There were no public comments or questions) MOTION: Mayor Whipple moved to approve the budget and Supplemental Design Agreement No. 1 and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA 1.) ZON2019-00059 - CITY ZONE CHANGE FROM SF 5 SINGLE FAMILY RESIDENTIAL TO TF 3 TWO FAMILY RESIDENTIAL ZONING DISTRICT, GENERALLY LOCATED ON THE NORTH SIDE OF WEST 9TH STREET NORTH AND ONE-HALF MILE WEST OF NORTH MCLEAN BOULEVARD. (DISTRICT VI) Attachment: Agenda Report No. VI-1 Attachment: DAB VI Memo - ZON2019-00059.pdf Attachment: Excerpt Minutes Feb 6 2020.docx Attachment: Excerpt Minutes Feb 20 2020.docx Attachment: Site Plan F-Model 3rd Revision.pdf Attachment: Z19-59pt Protest Area.pdf Attachment: Ordinance 51-204.docx Scott Wadle Planning Department, reviewed the item. Dave Yearout Planning Department stated in addition to options before you as a standard zoning case, we have issued initially for you to consider action upon the recommendation of the Planning Commission. Stated if you do not agree with that, you have the option to with a higher vote to deny the request or  Page 5 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 return it to the Planning Commission for reconsideration and in doing so you need to outline issues and standards in which you wish to have reconsidered when you send it back. Council Member Frye asked if the protest petition was filed before or after the February 20th MAPC meeting where they reduced it to three units and the protective overlay. Dave Yearout Planning Department stated no the protest petition has to be filed with the City Clerk within the 14 day window after the Planning Commission votes, which was on May 20th. Stated the protest petitions came in after May 20th. Vice Mayor Claycomb stated I generally favors infill development, especially if it is consistent with the Places for People Plan for the City. Stated this case, however, is different because a property owner is selling their backyard to add to another lot to create a larger lot to get three duplexes built. Stated the result of this combination of properties is a project that is substantially in conflict with the character of the neighborhood. Stated it establishes a bad precedent. Stated it is not clear to me that MAPC took this into account the combination of these lots to be used to develop this project and I am not convinced this project is consistent with the Places for People vision. MOTION: Vice Mayor Claycomb moved that Case No. ZON2019-00059 be returned to the Metropolitan Area Planning Commission for reconsideration to address adding conditions to the Protective Overlay to require development and construction standards be applicable to the proposed duplexes more consistent with the vision discussed in the Places for People Plan for the City of Wichita; aimed at mitigating and reducing potential impacts of the duplexes in an established single-family residential neighborhood and maintain more of the character of the neighborhood. Council Member Blubaugh asked if there are other duplexes in this neighborhood and where exactly they are at. Dave Yearout Planning Department stated yes there are some duplexes currently under construction on North Sheridan, north of 10th Street, which is about a block and a half away from this particular site. Stated there are some other duplexes further to the west along 9th closer to Zoo Boulevard. Council Member Blubaugh asked how the characteristics of the neighborhood or the placement of those duplexes vary from what we are looking at here. Dave Yearout Planning Department stated the ones under construction on North Sheridan are similar to what are proposed by the developer. Stated the homes in the area are a mixture of single-family homes and the idea was with the additional standards that are envisioned coming out of the People for Places Plan that we might be able to address some design criteria consistent with trying to mitigate impacts where the protests coming from the neighbors were feeling that this was just introducing too much of a change in the character of the neighborhood. Council Member Blubaugh asked staff for the specifics in how it is inconsistent with the Places for People Plan design. Dave Yearout Planning Department stated Places for People Plan envisions allowing infill development including the idea of introducing two family dwellings into single-family neighborhoods but it addresses the design criteria in terms of trying to design the dwelling as being more consistent in appearance and  Page 6 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 overall character with the homes that are already in the neighborhood and not to be garishly different than what they might be currently proposed. Stated it is an attempt to try to bring some design features and facade treatments to homes so that the impacts are mitigated in at least the appearance of the feeling of the neighbors. Motion carried 6 to 1 (Nay: Jeff Blubaugh). HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA 1.) FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH KBK ENTERPRISES, INC. Attachment: Agenda Report No. VII-1.doc Attachment: MDA Amendment #1 Appendix A - Development Budget.pdf Attachment: Wichita RAD MDA 1st Amendment.docx Sally Stang Director of Housing and Community Services, reviewed the item. (There were no comments or questions from the public) MOTION: Mayor Whipple moved to approve the First Amendment to the Development Agreement with KBK Enterprises, Inc. (KBK) and authorize the necessary signatures. Motion carried 7 to 0. AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS a.) Board Appointments - NONE Council Member Tuttle stated even though you have never walked through the doors of the Sedgwick County Health Department or any health department, your life has been impacted by public health and now more than ever. Stated each year public health professionals across our City, state and nation recognize the first week in April as National Public Health Week. Stated this year due to what is going on, all of the celebrations and events have been cancelled. Stated public health is air quality, water quality, access to healthy foods, affordable housing, active transportation, chronic disease and as we are seeing now, communicable disease. Stated if you get the opportunity, please thank a public health professional in our community during this week.  Page 7 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 Council Member Johnson thanked Transit staff for the masks. Mayor Whipple thanked the people whose jobs have become much more dangerous but are definitely necessary and that is the people who are working in water, sewer and trash within our City. Stated these are people who are out there making our City run and it is very important that we not only thank them but also when we get in our budget discussions, ensure that we are providing them with the necessary precautions so they are not at risk for contracting COVID-19. Stated he wants to thank those people who are abiding by the social distancing guidelines seriously. Stated Wichita at this moment is in a position where we are not as negatively impacted as other communities that are comparable because of the public taking this seriously. Stated he wants to applaud the creator of ICTResponse.com and wants to continue his push this week for having Christmas in April, which is a hope that people will go to ICTResponse.com and look up one of our local businesses in Wichita and help stimulate our local economy by purchasing a Christmas present or a gift that could be given away during the holidays in the form of merchandise or a gift card. Stated it has never been more important than right now to support the small businesses that make Wichita unique and to help get them through this trying time. RECESS - EXECUTIVE SESSION: MOTION: Mayor Whipple moved to recess into Executive Session for 20 minutes for an employee performance appraisal pursuant to K.S.A. 75-4319(B)(2): to discuss personnel matters of non-elected personnel. The Executive Session is required to protect the privacy interests of an identifiable individual. The Executive Session will begin at 10:00 a.m. and end at 10:20 a.m. The meeting will resume in the Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 10:23 a.m. MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0, (Absent: Blubaugh). The meeting was adjourned at 10:24 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 8 CITY COUNCIL PROCEEDINGS APRIL 7, 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 April 7, 2020.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for April 7, 2020.pdf b.) Not To Be Advertised Rainbow Lakes Estates Addition. Attachment: NTBA Rainbow Lakes Estates.pdf Attachment: PE Template NTBA.pdf 3) PETITIONS FOR PUBLIC IMPROVEMENTS: a.) Petitions for Improvements to Serve Jackson Heights Townhomes Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents Attachment: Resolution No. 20-087.docx Attachment: Resolution No. 20-088.docx Attachment: Resolution No. 20-089.docx Attachment: Resolution No. 20-090.docx Attachment: Resolution No. 20-091.docx b.) Revised Petition for Water Improvements to Serve Chalet Ridge Addition. (District II) Attachment: Agenda Report No. II-3b.doc Attachment: Supporting Documents.pdf Attachment: Resolution No. 20-092.docx  Page 9 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 4) AGREEMENTS/CONTRACTS: a.) Conservation Easement for Critical Habitat Mitigation. (District V) Attachment: Agenda Report No. II-4a.docx Attachment: Contract.pdf 5) DESIGN SERVICES AGREEMENTS: a.) Design Services Agreement for Pike Addition. (District V) Attachment: Agenda Report No. II-5a.doc Attachment: DSA.pdf b.) Design Services Agreement for Fontana 5th Addition. (District V) Attachment: Agenda Report No. II-5b.docx Attachment: DSA.pdf c.) Supplemental Design Agreement No. 1 for Improvements to Village Charter 3rd Addition. (District V) Attachment: Agenda Report No. II-5c.docx Attachment: SDA.pdf 6) CHANGE ORDERS: a.) Change Order No. 3 for 17th and Oliver Intersection. (District I) Attachment: Agenda Report No. II-6a.docx Attachment: CO No. 3.pdf Uncategorized Items: 7.) SALE OF CITY-OWNED REMNANT AT 465 SOUTH WEBB ROAD. (DISTRICT II) Attachment: Agenda Report No. II-7.doc Attachment: Supporting Documents 8.) AGREEMENT TO RESPREAD ASSESSMENTS: NORTHGATE 3RD ADDITION. (DISTRICT VI) Attachment: Agenda Report No. II-8.doc  Page 10 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 Attachment: Supporting Documents Attachment: Ordinance 51-205.docx Attachment: Northgate 3rd Summary.docx 9.) AGREEMENT TO RESPREAD ASSESSMENTS: CASTLEGATE 3RD ADDITION. (DISTRICT V) Attachment: Agenda Report No. II-9.doc Attachment: Respread Agreement Attachment: Ordinance 51-206.docx Attachment: Castlegate 3rd Summary.docx 10) SECOND READING ORDINANCES: a.) Second Reading Ordinances (first read March 24, 2020) Attachment: List of Second Reading Ordinances 04-07-2020.docx II) CONSENT PLANNING AGENDA ITEMS 11.) SUB2019-00042 -- PLAT OF AUBURN HILLS 17TH ADDITION LOCATED ON THE NORTH SIDE OF WEST KELLOGG DRIVE, ONE-QUARTER MILE WEST OF SOUTH 135TH STREET WEST. (DISTRICT IV) Attachment: Agenda Report No. II-11.docx Attachment: Supporting Documents 12.) ZON2020-00001 WITH CON2020-00002: CITY ZONING AMENDMENT TO CHANGE ZONING FROM MF-29 MULTI-FAMILY RESIDENTIAL TO LC LIMITED COMMERCIAL AND CONDITIONAL USE FOR A VEHICLE AND EQUIPMENT SALES, OUTDOOR, LOCATED ON THE EAST SIDE OF SOUTH SENECA STREET AND SOUTH OF WEST KELLOGG STREET, 814 SOUTH SENECA STREET. (DISTRICT IV) Attachment: Agenda Report No. II-12.docx Attachment: CON2020-00002 - Proposed Site Plan.pdf Attachment: ZON2020-01 and CON2020-02 MAPC Excerpt Minutes February 20, 2020.docx Attachment: Ordinance 51-207.docx Attachment: DAB Report for MAPD on ZON2020-00001 and CON2020-00002.pdf  Page 11 CITY COUNCIL PROCEEDINGS APRIL 7, 2020 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE