City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS MAY 12, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 12, 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 May 12, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting May 12, 2020 Motion carried 7 to 0. Proclamation: National Nurses Week Mayor Whipple read aloud the proclamation. I) PUBLIC AGENDA - SUSPENDED II) CONSENT AGENDA ITEMS 1 THROUGH 10 Council Member Frye asked that consent item II-7 be pulled for discussion. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 10 in accordance with the recommended actions shown thereon; excluding item II-7. Motion carried 7 to 0. ***Action for item II-7 is shown in the order of the agenda*** COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) REPORT OF BOARD OF BIDS AND CONTRACTS DATED MAY 11, 2020. Attachment: 05-11-2020 Board of Bids.pdf Hannah Lang, Finance Department, presented the May 11th Board of Bids recommendations.  Page 2 CITY COUNCIL PROCEEDINGS MAY 12, 2020 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 V) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND REQUEST FOR RESOLUTION OF INTENT TO ISSUE HEALTH CARE FACILITIES REVENUE BONDS, AMERICAN BAPTIST ESTATES. (DISTRICT IV) Attachment: Agenda Report No. V-1.doc Attachment: IRB Application Wichita American Baptist Estates 2020.doc Attachment: Resolution 20-125 Tim Goodpasture, Office of Economic Development, reviewed the item. MOTION: Council Member Blubaugh moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 7 to 0. 2.) PUBLIC HEARING AND REQUEST FOR RESOLUTION OF INTENT FOR INDUSTRIAL REVENUE BONDS, STEELE SOMERSET, LLC. (DISTRICT VI) Attachment: Agenda Report No. V-2.doc Attachment: IRB Application - Steele Somerset LLC DRAFT V2.docx Attachment: Resolution of Intent.docx Tim Goodpasture, Office of Economic Development, reviewed the item. Vice Mayor Claycomb asked staff to explain IRBs and that there is not any funding from our City budget on that, for those who are listening to better understand. Tim Goodpasture Office of Economic Development stated with the use of IRBs in a scenario like this, the developer has to utilize some public entity to go through the process of issuing the bonds, which could be the Kansas Development Finance Authority at the state level, it could be the County or the City. Stated they could use any number of different entities to go through the process. Stated what we are doing is satisfying the requirements of going through that process. Stated the developer is still required to find someone who will actually acquire the bonds themselves so in this case, it is Key Bank National that is going to subsidize the bonds. Stated the City is just going through the procedural requirements to satisfy what is required by using the four percent tax credits; there are no taxpayer dollars from the City of  Page 3 CITY COUNCIL PROCEEDINGS MAY 12, 2020 Wichita, Sedgwick County or the state of Kansas that are being placed in any capacity for a project like this. Vice Mayor Claycomb thanked Steele Somerset LLC and is looking forward to their second project in Wichita. Stated this is preservation and upgrade of low income housing for seniors and is in a beautiful setting near the river. MOTION: Vice Mayor Claycomb moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 7 to 0. 3.) 2020 WALKING PATHS AND EXERCISE SYSTEMS. Attachment: Agenda Report No. V-3.docx Attachment: Resolution 20-126 Larry Hoetmer, Public Works & Utilities, reviewed the item. MOTION: Mayor Whipple moved to initiate the project, adopt the resolution and authorize the necessary signatures. Motion carried 7 to 0. 4.) WASTE WATER TREATMENT PLANT 2 FINAL CLARIFIER REPLACEMENT. Attachment: Agenda Report No. V-4.docx Attachment: Resolution No. 20-127 Attachment: Resolution No. 20-127 (NOI) Don Henry, Public Works & Utilities, reviewed the item. MOTION: Mayor Whipple moved to approve the project as a design build. The resolution and notice of intent have been reviewed and approved as to form by the Law Department. State statute (K.S.A. 10-12-1210) and City Charter Ordinance 211 require a 2/3 majority vote to issue utility revenue bonds to fund utility improvements. Motion carried 7 to 0. 5.) 2020 ATHLETIC COURT FUNDING. (DISTRICTS I, V AND VI) Attachment: Agenda Report No. V-5.docx Attachment: Resolution No. 20-128 Larry Hoetmer, Public Works & Utilities, reviewed the item.  Page 4 CITY COUNCIL PROCEEDINGS MAY 12, 2020 Council Member Frye stated regarding the courts at Country Acres; how much are we talking about to demo and return that space into green field? Stated we have talked long-term about putting a dog park at that location and it doesn't make sense to do this now if we are eventually going to make that a dog park. Stated he would rather see those funds used for other courts that need it right now and asked how much are we talking to take that out? Larry Hoetmer Public Works & Utilities stated between $10,000 to $15,000 to take those out. Stated we want to return that space to green space and get it ready for the next phase. Stated he knows staff has had discussions with Council Member Frye and his constituents about turning that park into future dog parks but this is just a way for us to clean up some of those courts that are not in good condition and return them back to green space. Council Member Frye stated he is worried that we will come up short with some of these other courts that are being renovated and that are frequently used and would hate to come up short and not be able to cover them if we are spending $10,000 to $15,000 to take out a space that we are eventually going to replace with something else and asked staff if we are comfortable that we are going to be able to do all these other projects with the funding that we have. Larry Hoetmer Public Works & Utilities stated they think there will be enough money to do it and depends on what the bid climate is, which is good at this time. Stated they can look at that and prioritize the courts that we currently have and look at that as far as taking one out. Council Member Frye stated that is a good idea and would like staff to consider that the Country Acres court removal as a last priority in this action. Larry Hoetmer Public Works & Utilities stated they can do that. Bob Layton City Manager stated if we can squeeze it into this budget that is $10,000 to $15,000 you don't have to find for the dog park. Council Member Frye stated he understands and wants to make sure that these other courts are covered because they are used more often than this one even though it is in very bad condition, it has been in bad condition for such a long time that he doesn't think it will matter in making it a last priority. MOTION: Council Member Johnson moved to adopt the resolution, authorize initiation of the project and authorize necessary signatures. Motion carried 7 to 0. 6.) NORTH INDUSTRIAL CORRIDOR (NIC) GROUNDWATER CONTAMINATION SITE PROJECT – GROUNDWATER EXTRACTION WELL INSTALLATION SERVICES – PROFESSIONAL SERVICES. CONTRACT. (DISTRICTS I, III AND VI) Attachment: Agenda Report No. V-6.docx Attachment: Layne Contract.pdf Attachment: Ex B Table B1 - Schedule of Fees.pdf  Page 5 CITY COUNCIL PROCEEDINGS MAY 12, 2020 Don Henry Public Works & Utilities reviewed the item. MOTION: Council Member Clendenin moved to approve the contract with Layne Christensen Company, authorize the necessary signatures and budget adjustments. 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 - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS Council Member Tuttle stated it is National Mental Health Awareness Month. Stated she wants to remind everyone in our community due to these trying times to take care of themselves both physically and mentally and wants to give praise to our mental health professionals who are finding unique ways to still be able to see their clients. Council Member Johnson stated he wants to highlight an opportunity for those who are concerned about their status with the Coronavirus. Stated there is a free testing site offered by HealthCore Clinic at the Metroplex, Monday through Thursday from 2:00 to 5:00 p.m. Stated you don't have to have any symptoms, if you just want to know if you have it or not you can just show up. 1.) Board Appointments. Mayor Whipple reappointed the following to the Board of Code Standards and Appeals: Bradley Doeden, Francisco Banuelos, Russ Redford, Randy Coonrod and Taylor Zimbelman. Mayor Whipple stated he would like to make three additional appointments to the Small Business Advisory Council: Wayne Bell, Jayson Nguyen, and Ian Demory. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0.  Page 6 CITY COUNCIL PROCEEDINGS MAY 12, 2020 ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 7 to 0. The meeting was adjourned at 9:38 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 7 CITY COUNCIL PROCEEDINGS MAY 12, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 10 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 MAY 12.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 05-12-20.pdf 3) Petitions for Public Improvements: a.) Petitions for Improvements to Serve 13th and Greenwich Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents Attachment: Resolution 20-129 (008377) Attachment: Resolution 20-130 (008378) b.) Revised Petition for Paving Improvements to Serve Twin Lakes Addition. (District VI) Attachment: Agenda Report No. II-3b.doc Attachment: Supporting Documents Attachment: Resolution 20-131 c.) New and Revised Petitions for Improvements to Serve Pike Addition. (District V) Attachment: Agenda Report No. II-3c.doc Attachment: Supporting Documents Attachment: Resolution 20-132 (008356) Attachment: Resolution 20-133 (008361) Attachment: Resolution 20-134 (008365) Attachment: Resolution 20-135 (008371)  Page 8 CITY COUNCIL PROCEEDINGS MAY 12, 2020 Attachment: Resolution 20-136 (008373) Attachment: Resolution 20-137 (008374) Attachment: Resolution 20-138 (008375) Attachment: Resolution 20-139 (008402) Attachment: Resolution 20-140 (085605) Attachment: Resolution 20-141 (085606) Attachment: Resolution 20-142 (085607) Attachment: Resolution 20-143 (085608) Attachment: Resolution 20-144 (085609) 4) Change Orders: a.) Change Order No. 2 for 2019 Outsourced Pavement Preservation Program Capital Improvement Program (CIP) Street Repairs, Phase 4. Attachment: Agenda Report No. II-4a.docx Attachment: CO No. 2.pdf UNCATEGORIZED ITEMS: 5.) SECOND SATURDAY ARTISAN MARKET ANNUAL COMMUNITY EVENT APPLICATION – COMMUNITY EVENTS WITH ALCOHOL CONSUMPTION – RESOLUTION. (DISTRICT I) Attachment: Agenda Report No. II-5.docx Attachment: Site Plan.pdf Attachment: Resolution No. 20-145 6.) ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM. Attachment: Agenda Report No. II-6.doc Attachment: Supporting Document  Page 9 CITY COUNCIL PROCEEDINGS MAY 12, 2020 7.) FUNDING FOR EMPORIA STREET FROM LINCOLN TO CENTRAL AVENUE. (DISTRICTS I AND VI) Attachment: Agenda Report No. II-7 REVISED.doc Attachment: Resolution No. 20-146 Council Member Frye stated he is looking for clarification; the agenda report talks about the project converting Emporia Street from Second to Waterman, but the limits of the conversion will be from Second to Dewey and is asking for $100,000 for the design work. Stated are we designing with this $100,000 from Central to Dewey or are we only designing from Second to Waterman and then will have to come back later for additional design dollars. Bob Layton City Manager stated he thinks we are designing from Central to Dewey. Gary Janzen Engineering Department, stated right now the $100,000 is to begin developing the final concept, we have already looked at some concepts. Stated right now there is some volatility in the construction market on some items, specifically like traffic signals especially not knowing what the cost might be. Stated we estimated that we can get enough funding to make a two-way conversion from Waterman to Second. Stated what we are going to do during this initial phase is a more thorough evaluation and cost estimate to see if we can extend that. Stated ideally they would like to go from Lincoln all the way to Central but somewhere in this initial phase of design we will figure out what our true limits will be. Stated he had planned to have some public engagement up to this point but with the environment we are in, it made it challenging and once we have a design concept we plan to go to both district advisory boards and will bring a final concept back to the Council for approval and at that time ask for approval of the balance of the funding. Council Member Frye asked if we have a CIP target date for construction. Gary Janzen Engineering Department stated they are trying to get to that point as quickly as they can. Stated right now one of their biggest challenges on traffic signals is lead time and on fabrication delivery and thinks it will be a push to get this done by the end of the year. Council Member Frye stated it says in the agenda report that the project will be designed by an on-call design consultant; how do we determine which on-call design consultant gets the project. Gary Janzen Engineering Department stated we have three on-call consultants for this type of work and it is a general rotation through those consultants but there are factors considered based on the schedules, expertise and trying to somewhat balance the workload. Stated they try to find the right consultant for the right project who can get it done in a timely manner. MOTION: Vice Mayor Claycomb moved to approve the budget, and adopt the resolution and authorize the necessary signatures. Motion carried 7 to 0.  Page 10 CITY COUNCIL PROCEEDINGS MAY 12, 2020 8.) ESG FUNDING ALLOCATION FOR UNITED WAY OF THE PLAINS, INC. FOR COVID-19 HOTEL/MOTEL ISOLATION PROGRAM; MODIFICATIONS TO FUNDING AGREEMENT. Attachment: Agenda Report No. II-8.docx Attachment: ESG-CV United Way Hotel Voucher Program-REV 1.docx 9.) REQUEST TO MODIFY THE BOUNDARIES OF THE BOEING INDUSTRIAL PUBLIC AND CHANGE THE NAME, SPIRIT AEROSYSTEMS AND AIR CAPITAL FLIGHT LINE. (DISTRICT III) Attachment: Agenda Report II-9.docx Attachment: Owner Petition - Enlarge - ACFL Signed.PDF Attachment: Owner Petition - Enlarge - Prime DEV Signed.PDF Attachment: Owner Petition - Enlarge - SPIRIT Signed.PDF Attachment: Owner Petition - Enlarge - TDI Signed (1).PDF Attachment: Owner Petition - Removal - Ascension Signed.PDF Attachment: Resolution No. 20-147 10) SECOND READING ORDINANCES: a.) Second Reading Ordinances. (first read May 5, 2020) Attachment: List of Second Reading Ordinances 05-12-2020.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE