City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 14, 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 9:00 a.m. Approve the minutes of regular meeting on April 7, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on April 7, 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 April 13, 2020. Attachment: 04-13-2020 Board of Bids.pdf Melinda Walker, Director of Purchasing, 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 - NONE  Page 2 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 V) NEW COUNCIL BUSINESS 1.) FEDERAL FINANCING ASSISTANCE FOR THE NORTHWEST WATER FACILITY PROJECT. Attachment: Agenda Report No. V-1 (Revised).docx Attachment: Basic Docs 2020B (WIFIA).pdf Attachment: Executive Summary for NWWF Financing 4-14-2020.pdf Attachment: WIFIA Credit Agreement 4.7.20 - to City.pdf Alan King Director of Public Works & Utilities, reviewed the item. Council Member Frye asked staff to return to slide 15, Future Rate Increases. Stated he wants to understand the definition of combined rate increases and if it is related to the BNR Proposal project and what rate increases do we expect in 2021 and what is that tied to? Alan King Director of Public Works & Utilities stated yes those are indicative of also having the Biological Nutrient Removal project (BNR) in the sewer side. Stated raises are combined increases, to cover both water rate increases and sewer rate increases, the combined effect of both of those. Stated on the sewer side, it includes the BNR project in those rate projections. Stated as far as what we will be asking for in 2021, it is something very close to 5% which is what we have been talking about for some time now with Council when we looked at approving the guaranteed maximum price for the project. Stated it is about 5% all the way out to 2028, which is below to what we consider to be the national average as published somewhere around 6%. Council Member Frye stated he wanted to make sure and reiterate it to the public because he didn't think we were talking about anything new, it was just stuff that we already projected, which is good to know. Vice Mayor Claycomb asked staff if the rate increases including BNR, include that we believe that we will get WIFIA with the BNR. Alan King Director of Public Works & Utilities stated yes, the rate projections that you are seeing here have assumptions built into them; that we will be going ahead with the BNR the new sewer treatment plant and one of the assumptions for that is we will successfully be able to secure WIFIA funding for that project as well. Mayor Whipple stated he was speaking to a constituent yesterday who had a question about the $280 million dollar loan that has excluded capital interest but the request for the revenue bond is at $331 million. Stated the difference is about $50 million and if the capital interest is excluded in the $280 million; why are we asking for $331 million. Alan King Director of Public Works & Utilities stated he will have Joe Norton with Gilmore & Bell come up and explain. Joe Norton, City's Bond Counsel stated the $280 million dollar number is the actual capital cost that will be advanced by the EPA and WIFIA to pay project costs. Stated in addition to that as part of the benefit of  Page 3 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 not having to make a payment for nine years, the interest accruing on the outstanding balance advanced will be capitalized. Stated it will be added on to the principle component and re-amortized when the payments start in 2029, which is the differential. Stated the calculations were made based on a conservative estimate of what the interest rate would be and for state law purposes, we have to set a maximum principle repayment component, which is the $331 million dollar number. Stated we think that will be slightly less but depends on how accelerated the draws will be and when monies are advanced and the interest accrued on those over time until the loan has amortized and starts payment. Mayor Whipple stated the $50 million extra is just an estimate depending on what the acquired interest is towards the end of this loan and will not exceed $50 million. Joe Norton City Bond Counsel stated yes. Vice Mayor Claycomb stated staff worked really hard on this WIFIA application and was before she even came on Council and wants to say thank you to staff, it’s been a lot of work and asked Alan King to thank his staff. Bob Layton City Manager stated in addition to thanking Alan King and his staff, would like to thank EPA. Stated sometimes we forget that if we didn't have a great work relationship with the agency that is responsible for the funding, we probably wouldn't be able to move very far with this. Stated the regional office and well as the D.C. staff have been great to work with. Stated sometimes people call into question of the trips we make to Washington, D.C. and if the Council had not met with EPA staff for two or three years in a row; as a result of that we are saving the rate payers $69 million dollars, which is a significant return on investment and appreciates the Council taking the time to help develop those relationships in D.C. Mayor Whipple stated these types of relationships do matter and in this case we can see where it will save us $69 million dollars and asked staff if he knows the estimated interest rate. Alan King Director of Public Works & Utilities stated it is a formula but if it were to lock in today, it would be 1.36%. Mayor Whipple asked if it has the possibility of going up depending on the formula. Alan King Director of Public Works & Utilities stated yes it depends on the actual execution at the time it would be set on the signing of the contract the date following that on the 23rd. Stated it is an estimate at this point. (There were no comments from the public) MOTION: Mayor Whipple moved to approve the WIFIA Credit Agreement, adopt the resolution, and authorize staff to insert interest rates and a payment schedule, all subject to final passage of the ordinance; place the ordinance on first reading; and authorize the necessary signatures. Motion carried 7 to 0.  Page 4 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 2.) CONTRACT FOR PROVIDING PRE-EMPLOYMENT EXAMINATIONS AND SUBSTANCE ABUSE SCREENS. Attachment: Agenda Report No. V-2.docx Attachment: Signed Contract for Pre-Employment Physical Examinations and Substance Abuse Screens.pdf Chris Bezruki Director of Human Resources, reviewed the item. Council Member Frye asked staff who currently has the contract. Chris Bezruki Director of Human Resources stated Via Christi. Council Member Frye asked if it was a one-year or a long-term. Chris Bezruki Director of Human Resources stated they have been with us for the past five years. Mayor Whipple asked if this contract with the new vendor saving us money. Chris Bezruki Director of Human Resources stated they believe this will lower the cost by $20,000 a year. (There were no comments from the public) MOTION: Mayor Whipple moved to approve the contract and authorize the necessary signatures. Motion carried 7 to 0. 3.) ORDINANCE AMENDMENTS PERTAINING TO AMUSEMENT PARKS AND RIDES. Attachment: Agenda Report No. V-3.doc Attachment: Ordinance 51-209 Elizabeth Harlenske Law Department, reviewed the item. (Council Member Blubaugh momentarily left the bench) Mayor Whipple stated our current City code is in conflict because it is more open than the state statute. Beth Harlenske Law Department stated yes it is less restrictive and we can be more restrictive but cannot be less restrictive. Mayor Whipple stated there are no restrictions in the City code that add to the protection of our citizens that aren't already also in the state code? Beth Harlenske Law Department stated yes it is worded differently but the protections are there. Mayor Whipple stated the revenue hit to our budget is about $5,000 in revenue based on licensing fees.  Page 5 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 Beth Harlenske Law Department stated that has been in prior years. Stated we currently have 15 of these businesses licensed and if all of them would reapply, that would make up approximately $5,000 but at this point we only have the one renewal. Citizen comment: Lonnie Wright asked if the state will inspect rides before operation. Beth Harlenske Law Department stated yes the state requires a permit to operate a ride and in order to get that permit, you must show that it has been inspected and that it meets the qualifications of the American Society for Testing and Materials. Stated they also have a registration fee, the state has a dual fee, you have to pay both the permit fee and the registration fee and to get that registration you also have to show other safety aspects of the ride. MOTION: Mayor Whipple moved to place the ordinance on first reading and authorize all necessary signatures. Motion carried 7 to 0. 4.) 2020 COMMUNITY SERVICES BLOCK GRANT REMAINDER/DISCRETIONARY APPLICATION. Attachment: Agenda Report No. V-4.doc Sally Stang Director of Housing and Community Services reviewed the item. MOTION: Mayor Whipple moved to approve the Federal Fiscal Year (FFY) 2020 Community Services Block Grant remainder/discretionary funding application in the amount of $14,787 and grant funding upon receipt, and authorize the necessary signatures. Council Member Johnson asked if the $14,787 be counted towards the one million dollar fund for COVID-19 that could be reimbursed for or is it separate. Sally Stang Director of Housing and Community Services stated this is separate funding specifically federal funding coming through the state so it would not be eligible for reimbursement. Stated it is a separate new pot of funds that will not be taken from any other source. (There were no comments from the public) Motion carried 7 to 0. 5.) ESG FUNDING ALLOCATION FOR HUMANKIND MINISTRIES, INC.; EMERGENCY WINTER SHELTER SERVICES. (DISTRICT VI) Attachment: Agenda Report No. V-5.docx Attachment: 2019-20 ESG HumanKind - April 2020.docx Sally Stang Director of Housing and Community Services reviewed the item.  Page 6 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 MOTION: Mayor Whipple moved to approve the ESG funding allocation in the amount of $60,000 and authorize the necessary signatures. Council Member Johnson thanked staff for this report and is appreciative to all the work that is being done to help our homeless community. Stated he was asked if we are able to repeat this for a special video to share with the community that talks about everything we are doing for the homeless community and not just this item. Stated that would be good information for the community if that could be done. Bob Layton City Manager stated we were planning on highlighting it at the Mayor's press briefing on Thursday and can work on videoing it too. (There were no public comments) Mayor Whipple stated there has been a lot of interest in the details of how the homeless population is receiving services during this crisis and agrees that it would show our constituents that we are taking those concerns seriously and applauds Sally Stang's department's work on this and the collaborative work on the continuum of care. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA 1.) CITY MANAGER PERFORMANCE EVALUATION. Attachment: Agenda Report No. IX-1.docx Vice Mayor Claycomb stated Council met in an Executive Session to review the City Manager's performance for 2019 and believe that the City Manager performance deserves standard merit increase, however, given the circumstances of the COVID-19 pandemic and impact on City finances, the Council is recommending deferral of the City Manager's merit increase until such time that there is more clarity on the City's budget. Stated when we sat in the Executive Session to discuss the City Manager's performance, it was agreed that his performance was very good for 2019 and we appreciate that.  Page 7 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 Council Member Tuttle stated she wants to applaud Mr. Layton for his exceptional service to our community for the last 10 years, we are certainly lucky to have him. Stated he is a fiscal wizard in helping us think of our budget in different ways to be able to preserve the services and staff that we have. Stated when she was completing the evaluation based on the questions, she reached out to department heads and asked for their input, she reached out to community partners and asked for their input and reached out to state and their local and county municipalities for their input and heard a very consistent message of Mr. Layton being just exemplary service and incredible wealth of knowledge. Stated she feels he is an outstanding resource for the City Council and she is a raving fan. Council Member Frye stated we have been working together for five years now as Manager and Council Member and is amazed how much he continues to learn from him and thanked him. Stated this is a tough job as policy makers, however, you make it more bearable because of your steady expert oversight of the budget, staff and operations. Stated having that trust in you to continue to lead that and is grateful that you are with us right now as we go through this process together. Council Member Clendenin stated it has to be extremely easy having seven bosses and trying to please everybody and coming up with some cohesive policy when we are throwing so many types of policy decisions at you. Stated we are getting ready to come into a time in our budget that is very similar to when he was elected eight years ago and your expertise, guidance and collaboration with the Council at that point, to work on some good policies to lead this City forward and make sure that we are fiscally sound and continue to provide core services to the community were exemplary then and is extremely confident that you are on our team with us and appreciates everything you do. Council Member Johnson thanked Bob for his leadership through a lot of our difficult times and your thoughtful and collaborative approach; I really appreciate it. Vice Mayor Claycomb stated the Council has shown their appreciation for the Manager in terms of his 2019 performance and thanked him for all that he does. MOTION: Vice Mayor Claycomb moved to approve the City Manager's performance evaluation and defer a merit increase. Motion carried 7 to 0. Citizen comment: Lonnie Wright stated Layton has done a great job as City Manager. X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS a.) BOARD APPOINTMENTS. Council Member Johnson reappointed Tommy Benford to the Community Services Block Grant; appointed Seth Windsor and Naquela Pack to DAB I; and appointed Steve Coberley to the Wichita Employment Retirement System. Council Member Clendenin made the following re-appointments to DAB III: Gerald Henry, Michael Loop, Jarrod Cerillo, Bruce Gass, Ronald Tracy, Catherine Johnson, Marco Alcocer, Cindy Miles, and Daisy Olivar.  Page 8 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 Council Member Clendenin appointed the following: Vanessa Christophersen to the Animal Control Advisory Board; Paul Farha and Bruce Gass to the Community Services Block Grant Review Committee; George Theoharis to the Bicycle and Pedestrian Advisory Board; Ronald Tracy to the Wichita/Sedgwick County Access Advisory Board; Hoyt Hillman to the Board of Park Commissioners; Elena Ingle to the Historic Preservation Board; Lauren Hirsh and Shelby Petersen to the Library Board; Cindy Miles to the Metropolitan Area Planning Commission; Cindy Miles to the Wichita-Sedgwick County Board of Zoning Appeals; Robert Decker to the Police & Fire Retirement Board of Trustees; Paul Davis to the Wichita Airport Advisory Board; and Carla Burgardt to the Wichita Employees Retirement System Board of Trustees. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 7 to 0. The meeting was adjourned at 10:00 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 9 CITY COUNCIL PROCEEDINGS APRIL 14, 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 14, 2020.docx Attachment: CMBS FOR APRIL 14 - Additional.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for April 14, 2020.pdf 3) STATEMENT OF COSTS: a.) List of Statement of Cost. Attachment: Revised Statement of Cost, Edgewater CC 4-14-2020.pdf 4) AGREEMENTS/CONTRACTS: a.) Agreement with Spirit AeroSystems, Inc. (District III) Attachment: Agenda Report No. II-4a.doc Attachment: Agreement.pdf b.) On-Call Plumbing Contractual Services. Attachment: Agenda Report No. II-4b.doc Attachment: Contract.pdf c.) Special Waste Disposal Contractual Services. (District III) Attachment: Agenda Report No. II-4c.doc Attachment: Contract.pdf Attachment: Supporting Document.pdf  Page 10 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 5) DESIGN SERVICES AGREEMENTS: a.) Design Services Agreement for Emerald Bay Estates 3rd and 4th Additions Phase 2. (District VI) Attachment: Agenda Report No. II-5a.docx Attachment: Agreement UNCATEGORIZED ITEMS: 6.) RESOLUTION AUTHORIZING SECTION 5307 URBANIZED AREA FORMULA ANNUAL GRANT FROM THE FEDERAL TRANSIT ADMINISTRATION. Attachment: Agenda Report No. II-6.doc Attachment: Resolution 20-094 7.) HESS PUMP STATION SITE VALVE REPLACEMENTS AND REPAIRS. Attachment: Agenda Report No. II-7.doc Attachment: Resolution No. 20-095 Attachment: Resolution No. 20-095 NOI 8.) 2020 EXPLOITED AND MISSING CHILD UNIT MEMORANDUM OF UNDERSTANDING. Attachment: Agenda Report No. II-8.docx Attachment: 2020 EMCU MOU.pdf 9) SECOND READING ORDINANCES: Second Reading Ordinances (first read April 7, 2020) Attachment: List of Second Reading Ordinances 04-14-2020.docx II) CONSENT PLANNING AGENDA ITEMS 10.) SUB2019-00038 -- PLAT OF CATHOLIC CHARITIES ADDITION LOCATED 620 FEET EAST OF NORTH MERIDIAN AVENUE, ON THE SOUTH SIDE OF WEST 37TH STREET NORTH. (DISTRICT VI) Attachment: Agenda Report No. II-10.docx Attachment: Supporting Documents  Page 11 CITY COUNCIL PROCEEDINGS APRIL 14, 2020 11.) VAC2020-00003 – CITY VACATION OF A PORTION OF A DRAINAGE EASEMENT TO PERMIT NEW CONSTRUCTION ON PROPERTY ZONED LC LIMITED COMMERCIAL, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF NORTH OLIVER AVENUE AND EAST 45TH STREET NORTH. (DISTRICT I) Attachment: Agenda Report No. II-11.docx Attachment: Vacation Order.docx Attachment: Drainage Easement.pdf Attachment: MAPC Minute Excerpt.docx 12.) ZON2005-00026 WITH CON2005-00002: CITY ZONING AMENDMENT TO CHANGE ZONING FROM TF-3 TWO-FAMILY MULTI-FAMILY RESIDENTIAL TO LC LIMITED COMMERCIAL AND CONDITIONAL USE FOR A VEHICLE AND EQUIPMENT SALES, OUTDOOR, LOCATED ON THE WEST SIDE OF NORTH HILLSIDE AVENUE AND SOUTH OF EAST 1ST STREET, 145 NORTH HILLSIDE AVENUE. (DISTRICT I) Attachment: Agenda Report No. II-12.docx Attachment: Ordinance 51-210 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE