City Council Meetings
Regular MeetingWichita, KS · April 28, 2020
Minutes
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
MINUTES OF THE MEETING OF THE CITY COUNCIL
Wichita, Kansas, April 28, 2020
Tuesday, 09:30 AM
The City Council met in regular session with Brandon Whipple, Brandon Johnson, Bryan Frye, Becky
Tuttle, Cindy Claycomb, Jeff Blubaugh, James Clendenin, Robert Layton, City Manager, Jennifer
Magana, Director of Law, and Jamie Buster, Deputy City Clerk.
Mayor Whipple called the meeting to order at 9:30 a.m.
Approve the amended minutes of regular meeting April 21, 2020.
MOTION:
Mayor Whipple moved to approve the amended minutes of regular meeting April 21, 2020.
Motion carried 7 to 0.
II) CONSENT AGENDA ITEMS 1 THROUGH 17
Mayor Whipple stated he had some questions asked to him earlier this week regarding the payment being
made to the Ice Center. Stated what his understanding of it is that we are paying for the breakdown of a
piece of equipment. Stated that check is coming from the insurance company and we are just passing it
through. Stated it is not money coming out of the General Fund.
Robert Layton, City Manager stated that we received two payments from our insurance company. Stated
one was for the actual damage and replacement of the chiller itself and there was also a claim made for
business interruption and expenses and the insurance company performed a fiscal audit and a forensic
audit of the operation to determine what the loses were for the operator. Stated we received payment for
that and this settlement would make a payment to the operator for the losses covered by the insurance.
MOTION:
Mayor Whipple moved to approve consent agenda items 1 through 17 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 27, 2020.
Attachment: 04-27-2020 Board of Bids.pdf
Hannah Lang, Department of Finance, reviewed the item.
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
MOTION:
Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary
signatures.
Motion carried 7 to 0.
COUNCIL AGENDA
IX) COUNCIL MEMBER AGENDA
X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS
1.) Board Appointments.
Council Member Frye made a correction to an appointment made earlier this year. Stated he needs to
remove Bill Ramsey from the Park Board to avoid any conflict of interest. Stated that fortunately since
there has not been any Park Board meetings there has been no opportunity meet and it has not been an
issue. Stated he is replacing Mr. Ramsey with Troy Palmer.
MOTION:
Mayor Whipple moved to approve the appointments.
Motion carried 7 to 0.
Council Member Johnson stated he appreciates the additional information that staff provides on the Board
of Bids and Contracts and seeing the amount of bids at the bottom has been really good and he
appreciates it.
Robert Layton, City Manager, stated that the Law Department has been reviewing the public comment
procedure and has been in contact with other cities to see what they are doing and have drafted a
procedure to try going forward. Stated that they have been asked to look at technology and opportunities
to allow people to participate. Stated that the Planning Commission is going to conduct meetings in City
Hall but allow public comments from Century II if people want to be able to go there and participate live
for presentations and public hearings. Stated we are looking at that to see if that is a viable alternative for
the Council, but in the meantime would like for the Council to consider for the upcoming meeting this
proposed process. Stated he is not asking them to adopt this as an actual policy until they know what their
technology capabilities are going forward. Stated what we would do for the upcoming meeting on May
5th is the Clerk would publish the agenda no later than the Friday before the meeting, Clerk would
provide e-mail and mailing address to which public written comments may be submitted, such written
comments shall include the full name and address of the individual submitting the comment, all written
comments must be received by the Clerk by no later than 8:00 a.m. on Tuesday May 5th. Stated in lieu of
reading the comments live on record during the Council meeting the comments will be provided to each
of the Council Members prior to the meeting, all written comments will be attached and made part of the
official minutes of the meeting by the City Clerk. Stated this is the process we will follow for the 5th if
the Council is in concurrence with that. Stated we will look to refine a policy for remote meetings going
forward.
Mayor Whipple stated he appreciates the City Manager and staff reviewing the policy and incorporating
changes in the current situation.
Robert Layton, City Manager, stated he wants to thank Jennifer Magana for doing that research.
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
Council Member Tuttle stated she was asked by the Chair of the County Commission and the Board of
Health Commissioner Chairman Meitzner to serve and represent the City on the re-opening task force.
Stated that on Friday they had their first conference call and she was pleasantly surprised by the calls,
texts, and e-mails she received afterwards from folks in the community who had thoughts or suggestions.
Stated she has been in communication with other task force members and Chairman Meitzner since then.
Stated she wants to thank her fellow Council Members for their trust in her and letting her represent the
City and she promises to keep them updated as she hears things. Stated the other part is to reassure the
community that there are lots of people who are really great thinkers that are working on this and trying to
make sure that we do it as safely as we can. Stated many of us have been through the Kansas Leadership
training this is an "adaptive challenge" and there is no prescription and no exact right answer, but if you
have thoughts or questions or the community wants more information or has suggestions to let us know.
Stated there are content experts who are working on this to ensure when we go back to whatever our new
normal will be that there are people who are putting a lot of time and energy into the process.
MOTION:
Mayor Whipple moved to adjourn the meeting.
Motion carried 7 to 0.
ADJOURNMENT
The meeting was adjourned at 9:42 a.m.
Respectfully submitted,
Jamie Buster, CMC
Deputy City Clerk
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 17
II) CITY COUNCIL CONSENT AGENDA ITEMS
1) Applications for Licenses to Retail Cereal Malt Beverages:
a.) Applications for Licenses to Retail Cereal Malt Beverages:
Attachment: CMBS FOR APRIL 28.docx
Attachment: CMBS FOR APRIL 28 - Additional.docx
2) Preliminary Estimates:
a.) List of Preliminary Estimates.
Attachment: PEsforCC_04-28-20.pdf
b.) Not To Be Advertised
Attachment: PE COVER SHEET NTBA Template.doc
Attachment: PE Template NTBA.doc
3) Petitions for Public Improvements:
a.) Petition for Improvements to Serve Greendale Addition Replat of Reserve A. (District III)
Attachment: Agenda Report No. II-3a.doc
Attachment: Supporting Documents
Attachment: Resolution 20-115
b.) Revised Petition for Drainage Improvements to Serve Racetrack Addition. (District IV)
Attachment: Agenda Report No. II-3b.doc
Attachment: Supporting Documents
Attachment: Resolution No. 20-113
4) Agreements/Contracts:
a.) Design Services Agreement for R.F. Addition. (District II)
Attachment: Agenda Report No. II-4a.docx
Attachment: DSA.pdf
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
5) Design Services Agreements:
a.) Supplemental Design Agreement No. 1 for Improvements to The Villas at Oak Creek Addition.
(District II)
Attachment: Agenda Report No. II-5a.docx
Attachment: Supporting Document
6) Change Orders:
a.) Change Order No. 1 and Change Order Limit Adjustment for Paving and Waterline Improvements
on Waco Avenue, from Douglas to Central. (District VI)
Attachment: Agenda Report No. II-6a.docx
Attachment: CO No. 1.pdf
Attachment: Resolution 20-116 85496_CO_Limit.docx
b.) Change Order No. 1 and Change Order Limit Adjustment for Improvements to 2019 Outsourced
Pavement Preservation Program Capital Improvement Program (CIP) Micro-surfacing.
Attachment: Agenda Report No. II-6b.docx
Attachment: CO No. 1.pdf
Attachment: Resolution 20-117 085516_CO_Limit.docx
7) Property Acquisitions:
a.) Acquisition of a Temporary Construction Easement in the 13000 Block of West Pawnee for the
Road Improvement Project, Pawnee - 119th to 135th Streets West. (District IV)
Attachment: Agenda Report No. II-7a.doc
Attachment: Supporting Documents
Uncategorized Items:
8.) Over Estimate Bid for Sewer Improvements to Serve R.F. Addition. (District II)
Attachment: Agenda Report No. II-8.doc
Attachment: Supporting Documents
Attachment: Resolution 20-118
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
9.) First Amendment to Emergency Solutions Grant Funding Agreement; HumanKind
Ministries, Inc., Emergency Winter Shelter Services. (District VI)
Attachment: Agenda Report No. II-9.docx
Attachment: 2019-20 HumanKind ESG Amendment - Emergency Shelter.docx
10.) Payment for Settlement of Claim.
Attachment: Agenda Report No. II-10.docx
II) CONSENT PLANNING AGENDA ITEMS
11.) SUB2019-00067 -- Plat of Jerrome and Jeff Addition Located 300 Feet North of West Central
Avenue, 900 Feet East of West Zoo Boulevard. (District VI)
Attachment: Agenda Report No. II-11.docx
Attachment: Supporting Documents
12.) SUB2020-00002 -- Plat of Willow Creek East 4th Addition Located on the South Side of East
Harry Street, One-Quarter Mile East of South Greenwich Road. (District II)
Attachment: Agenda Report No. II-12.docx
Attachment: Supporting Documents
13.) SUB2020-00005 -- Plat of Copper Fox Farm Addition Located on the Southwest Corner of
East 63rd Street South and South Hydraulic Avenue. (County)
Attachment: Agenda Report No. II-13.docx
Attachment: Supporting Documents
14.) DED2019-00003 Contingent Dedication, DED2019-00004 Dedication of Access Control, and
DED2020-00005 Dedication of Sanitary Sewer Easement for Property Located 969 Feet
South of West 29th Street North, on the East Side of North Amidon Avenue. (District VI)
Attachment: Agenda Report No. II-14.docx
Attachment: Supporting Documents
15.) VAC2019-00036 City Vacation of Access Control to Allow for One Drive from West
MacArthur Road onto Property Zoned LC Limited Commercial; Generally Located on the
Northeast Corner of South Hoover Road and West MacArthur Road. (District IV)
Attachment: Agenda Report No. II-15.docx
Attachment: VAC2019 36 -Vacation Order.docx
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CITY COUNCIL PROCEEDINGS
APRIL 28, 2020
Attachment: VAC2019 36 -MAPC Min Excerpt.docx
Attachment: VAC2019 36 -Dedications of Access Control.pdf
II) CONSENT HOUSING AGENDA ITEMS
16.) 2020 Utility Allowances - Section 8 Housing Choice Voucher Program.
Attachment: Agenda Report No. II-16.docx
Attachment: 2020 HCV Utility Allowance Schedules.pdf
II) CONSENT AIRPORT AGENDA ITEMS
17.) UPS Supply Chain Solutions, Inc. Supplemental Agreement No. 3, Wichita Dwight D.
Eisenhower National Airport.
Attachment: Agenda Report No. II-17.doc
Attachment: UPS Supply Chain - Supp. Agreement No.3.pdf
Agenda
AGENDA
CITY COUNCIL
Tuesday, April 28, 2020
9:30 AM
The regular meeting of the City Council will be held on April 28, 2020 at 9:30 AM in the Via
Microsoft Teams.
OPENING OF REGULAR MEETING
Call to Order
Approve the amended minutes of regular meeting April 21, 2020.
II. CONSENT AGENDA ITEMS 1 THROUGH 17
NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with no
separate discussion. If discussion on an item is desired, the item will be removed from the
“Consent Agendas” and considered separately (The Council will be considering the City
Council Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas.
Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all Consent
Agenda Items.
COUNCIL BUSINESS
III. BOARD OF BIDS AND CONTRACTS
1. Report of Board of Bids and Contracts dated April 27, 2020.
RECOMMENDED ACTION: Receive and file report, approve the contracts and
authorize the necessary signatures.
04-27-2020 Board of Bids.pdf
COUNCIL AGENDA
IX. COUNCIL MEMBER AGENDA
X. COUNCIL MEMBER APPOINTMENTS AND COMMENTS
1. Board Appointments.
RECOMMENDED ACTION: Approve the appointments.
ADJOURNMENT
City Council Page 2
April 28, 2020
ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 17
II. CITY COUNCIL CONSENT AGENDA ITEMS
1. Applications for Licenses to Retail Cereal Malt Beverages:
a. Applications for Licenses to Retail Cereal Malt Beverages:
RECOMMENDED ACTION: Approve licenses subject to staff review and approval.
CMBS FOR APRIL 28.docx
CMBS FOR APRIL 28 - Additional.docx
2. Preliminary Estimates:
a. List of Preliminary Estimates.
RECOMMENDED ACTION: Receive and file.
PEsforCC_04-28-20.pdf
b. Not To Be Advertised
RECOMMENDED ACTION: Receive and file.
PE COVER SHEET NTBA Template.doc
PE Template NTBA.doc
3. Petitions for Public Improvements:
a. Petition for Improvements to Serve Greendale Addition Replat of Reserve A. (District
III)
RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution,
and authorize the necessary signatures.
Agenda Report No. II-3a.doc
Supporting Documents
Resolution 20-115
b. Revised Petition for Drainage Improvements to Serve Racetrack Addition. (District IV)
RECOMMENDED ACTION: Approve the revised petition, adopt the amending
resolution, and authorize the necessary signatures.
Agenda Report No. II-3b.doc
Supporting Documents
Resolution No. 20-113
4. Agreements/Contracts:
City Council Page 3
April 28, 2020
a. Design Services Agreement for R.F. Addition. (District II)
RECOMMENDED ACTION: Approve the design agreement and authorize the
necessary signatures.
Agenda Report No. II-4a.docx
DSA.pdf
5. Design Services Agreements:
a. Supplemental Design Agreement No. 1 for Improvements to The Villas at Oak Creek
Addition. (District II)
RECOMMENDED ACTION: Approve Supplemental Design Agreement No. 1 and
authorize the necessary signatures.
Agenda Report No. II-5a.docx
Supporting Document
6. Change Orders:
a. Change Order No. 1 and Change Order Limit Adjustment for Paving and Waterline
Improvements on Waco Avenue, from Douglas to Central. (District VI)
RECOMMENDED ACTION: Approve Change Order No. 1 and the change order limit
adjustment resolution and authorize the necessary signatures.
Agenda Report No. II-6a.docx
CO No. 1.pdf
Resolution 20-116 85496_CO_Limit.docx
b. Change Order No. 1 and Change Order Limit Adjustment for Improvements to 2019
Outsourced Pavement Preservation Program Capital Improvement Program (CIP)
Micro-surfacing.
RECOMMENDED ACTION: Approve Change Order No. 1 and the change order limit
adjustment resolution and authorize the necessary signatures.
Agenda Report No. II-6b.docx
CO No. 1.pdf
Resolution 20-117 085516_CO_Limit.docx
7. Property Acquisitions:
a. Acquisition of a Temporary Construction Easement in the 13000 Block of West
Pawnee for the Road Improvement Project, Pawnee - 119th to 135th Streets West.
(District IV)
RECOMMENDED ACTION: Approve the acquisition, authorize the budget and
authorize the Mayor to sign any necessary documents.
City Council Page 4
April 28, 2020
Agenda Report No. II-7a.doc
Supporting Documents
Uncategorized Items:
8. Over Estimate Bid for Sewer Improvements to Serve R.F. Addition. (District II)
RECOMMENDED ACTION: Approve the revised petition and revised estimate,
approve acceptance of the lowest bid, adopt the amending resolution, and authorize
the necessary signatures.
Agenda Report No. II-8.doc
Supporting Documents
Resolution 20-118
9. First Amendment to Emergency Solutions Grant Funding Agreement; HumanKind
Ministries, Inc., Emergency Winter Shelter Services. (District VI)
RECOMMENDED ACTION: Approve the amendment to the funding agreement
providing for extension of the performance period through May 31, 2020, extension of
the agreement through July 15, 2020, and increased Emergency Solutions Grant
funding in the amount of $60,000, and authorize the necessary signatures.
Agenda Report No. II-9.docx
2019-20 HumanKind ESG Amendment - Emergency Shelter.docx
10. Payment for Settlement of Claim.
RECOMMENDED ACTION: Authorize the execution of the settlement agreement and
the payment of $189,659.52 as full settlement of all possible claims arising out of the
2018 incident, which is the subject of this claim.
Agenda Report No. II-10.docx
II. CONSENT PLANNING AGENDA ITEMS
NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of
State law. Adopted policy is that additional hearing on zoning applications will not be
conducted by the City Council unless a statement alleging (1) unfair hearing before the
MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on
the Wednesday preceding this meeting. The Council will determine from the written
statement whether to return the matter to the MAPC for rehearing.
11. SUB2019-00067 -- Plat of Jerrome and Jeff Addition Located 300 Feet North of West
Central Avenue, 900 Feet East of West Zoo Boulevard. (District VI)
RECOMMENDED ACTION: Approve the documents and plat and authorize the
necessary signatures.
Agenda Report No. II-11.docx
Supporting Documents
City Council Page 5
April 28, 2020
12. SUB2020-00002 -- Plat of Willow Creek East 4th Addition Located on the South Side
of East Harry Street, One-Quarter Mile East of South Greenwich Road. (District II)
RECOMMENDED ACTION: Approve the documents and plat and authorize the
necessary signatures.
Agenda Report No. II-12.docx
Supporting Documents
13. SUB2020-00005 -- Plat of Copper Fox Farm Addition Located on the Southwest
Corner of East 63rd Street South and South Hydraulic Avenue. (County)
RECOMMENDED ACTION: Approve the documents and plat and authorize the
necessary signatures.
Agenda Report No. II-13.docx
Supporting Documents
14. DED2019-00003 – Contingent Dedication, DED2019-00004 – Dedication of Access
Control, and DED2020-00005 – Dedication of Sanitary Sewer Easement for Property
Located 969 Feet South of West 29th Street North, on the East Side of North Amidon
Avenue. (District VI)
RECOMMENDED ACTION: Accept the Dedications.
Agenda Report No. II-14.docx
Supporting Documents
15. VAC2019-00036 – City Vacation of Access Control to Allow for One Drive from West
MacArthur Road onto Property Zoned LC Limited Commercial; Generally Located on
the Northeast Corner of South Hoover Road and West MacArthur Road. (District IV)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
required) and authorize the necessary signatures.
Agenda Report No. II-15.docx
VAC2019 36 -Vacation Order.docx
VAC2019 36 -MAPC Min Excerpt.docx
VAC2019 36 -Dedications of Access Control.pdf
II. CONSENT HOUSING AGENDA ITEMS
NOTICE: The City Council is meeting as the governing body of the Housing Authority for
consideration and action on the items on this Agenda, pursuant to State law, HUD, and City
ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda
and adjourned at the conclusion. A Housing Member is also seated with the City Council.
16. 2020 Utility Allowances - Section 8 Housing Choice Voucher Program.
City Council Page 6
April 28, 2020
RECOMMENDED ACTION: Review and approve the 2020 utility allowance schedules
for the City of Wichita Section 8 Housing Authority.
Agenda Report No. II-16.docx
2020 HCV Utility Allowance Schedules.pdf
II. CONSENT AIRPORT AGENDA ITEMS
NOTICE: The City Council is meeting as the governing body of the Airport Authority for
consideration and action on items on this Agenda, pursuant to State law and City ordinance.
The meeting of the Authority is deemed called to order at the start of this Agenda and
adjourned at the conclusion
17. UPS Supply Chain Solutions, Inc. – Supplemental Agreement No. 3, Wichita Dwight
D. Eisenhower National Airport.
RECOMMENDED ACTION: Approve the supplemental agreement and authorize the
necessary signatures.
Agenda Report No. II-17.doc
UPS Suply Chain - Supp. Agreement No.3.pdf