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City Council Meetings

Regular Meeting

Wichita, KS · April 28, 2020

AgendaMinutes

Minutes

Page 1 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. Page 2 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. Page 3 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 Page 4 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 Page 5 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 Page 6 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 Page 7 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