City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 9, 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 June 2, 2020 MOTION: Brandon Whipple moved to approve the minutes of regular meeting on June 2, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA 1.) Greg Zuercher - Purchase of a historical World War 1, DH-4 biplane to gift to Wichita. Greg Zuercher stated the world's only original DH-4 WW1 aircraft is available to purchase. Stated it is identical to the same make, model and markings which our native Erwin Bleckley flew on his last flight. Stated the only airports in the U.S. that currently have an aircraft display to honor a local medal of honor aviator, are in Chicago and Phoenix; Wichita is the only remaining American city with its chance to do likewise. Stated we are in competition with several other entities but because the aircraft was restored with Bleckley in mind, Wichita has been offered the first right of refusal, the owner has given us 30 days to raise $250,000 to buy the aircraft. Stated we are here to request formal City approval and endorsement for the private acquisition for this one of a kind aircraft to be displayed inside our airport as part of a memorial to Bleckley. Stated the center piece of the Bleckley memorial will be this DH-4, the memorial will include a life size bronze statue of Bleckley in his aviator’s uniform, his Congressional Medal of Honor as well as many original artifacts, documents and photos. Stated this will include the original signed letter of condolence from General John Jack Pershing to Bleckley's parents and an original program from his Medal of Honor presentation. Stated the FAA considered the airplane to be the only original American built air worthy military DH-4 left in the world. Stated it has its original liberty engine including the original controls and instruments, military markings that include Bleckley's 50th aero- squadron insignia, his number six tail number and the manufactured 1918 data plate with Bleckley's aircraft serial number, which is 32517. Stated this is the only aircraft identical to the one in which two Congressional Medal of Honor awards were earned at the same time. Stated Bleckley is legendary because he volunteered for a second much riskier mission that fatal day in a borrowed DH-4 because his assigned aircraft was grounded due to receiving too many enemy hits. Stated during the June 1st teleconference with the WAA board, our request for approval and endorsement passed unanimously on a 7 to 0 vote. Stated Dr. Thom Rosenberg, the immediate past chairman gave us his personal endorsement and on his own initiative, a $1,000 pledge, which we board members will match. Stated we stand before  Page 2 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 you with the same request, our intention it so honor Bleckley and enhance Wichita's identity and reputation as the Air Capital of the World. 2.) Lisa Finch - Chief Ramsay. Lisa Finch stated her sole purpose for attending this morning is to explain what the death of her son has done to her family. Stated Andy was 28 years old and was the leader of their family and there is not a day that goes by that she wishes he was here. Stated her granddaughter committed suicide not long after in January 2019. Stated she was having nightmares, flashbacks, and was unable to sleep. Stated she needs closure to this, her son was shot and killed inside his own home; where are we to be safe if we can be shot anywhere? Stated there are circumstances surrounding his death that require questioning. Stated her son took care of all of them, her son was their life and asks the City Council to immerse your whole being and think about what if this was your child or grandchild; what would you do and how would you expect things to go on and would appreciate an answer because she finds it a struggle more and more. Stated please bring justice for her son and granddaughter. 3.) Shirley Starr - Century II. (NO SHOW) II) CONSENT AGENDA ITEMS 1 THROUGH 7 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 7 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 June 8, 2020. Attachment: 06-08-2020 Board of Bids.pdf Hannah Lang, Finance Department, presented the June 8, 2020 board of bids recommendations. 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 RESOLUTION FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, WICHITA UROLOGY GROUP BUILDING, LLC. (DISTRICT II) Attachment: Agenda Report No. V-1.docx  Page 3 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 Attachment: Wichita Urology Group IRB Application.pdf Attachment: Resolution No. 20-164 Tim Goodpasture Office of Economic Development, reviewed the item. Council Member Tuttle stated she and Assistant City Manager Scot Rigby had the chance to meet with the Wichita Urology Group and had a great discussion. Stated it was fascinating to learn more about their business and who they serve in the community and they really are an asset not only to Wichita but most of Kansas and to some in Oklahoma. Stated she wants to thank them and the newly formed Wichita Urology Surgical Center LLC for investing in our community. Stated many of the staff that they are bringing in will come from outside the state of Kansas, so when we are talking about attracting and retaining talent, this is another way we can do that. (Public comment: None) MOTION: Council Member Tuttle moved to close the public hearing, adopt the Resolution and authorize the necessary signatures. Motion carried 7 to 0. 2.) TOBACCO RETAILER ORDINANCE REVISION. Attachment: Agenda Report No. V-2.docx Attachment: Ordinance 51-295 Attachment: Delineated Ordinance Ben Nelson Public Works & Utilities, reviewed the item. Council Member Johnson stated the wording on item c, which says to sell or deliver tobacco products to any person who appears to be under the age of 27; is it supposed to be 27 or 21? Ben Nelson Public Works & Utilities stated that is supposed to be 27. Stated there are two things, there is the requirement that retailers check the state ID of anyone who looks like they are under the age of 27, but the prohibition of sales is against anyone who is under 21. Stated there is actually two things, federal law changed only the 18, the minimum age and not the age that they should be checking the ID. Public comment: 1) Kari Rinker, the American Heart Association stated she is here today to support changing the tobacco City code for the minimum legal sale of tobacco to be in line with the federal changes that occurred and changing it from age 18 to 21, however, is here today on behalf of the Heart Association to request a couple of other changes and serves as the Government Relations Director for this organization. Stated they believe that health policies should adequately respond to eliminate inequities. Stated for decades tobacco companies have targeted the African American, LGBTQ and other populations, which then have shown to encourage tobacco use and enhance the addictiveness and dependence of tobacco who use these menthol products. Stated African American smokers, 85% use these menthol products and Latinos 45%.  Page 4 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 Stated a positive step towards addressing these inequities is the elimination of youth penalties for purchase use and possession. Stated primary enforcement should focus on retailer compliance with not selling to minors rather than on illegal purchases and youth possession. Stated research has shown that there is differential enforcement of tobacco purchasing and possession laws; black and Hispanic youth have a higher probability of being cited than their white peers, which is why one request to the American Heart Association has today is that you consider the removal of the current youth penalty for purchase, use and possession of tobacco products by underage youth. Stated currently the structure for sales is the person who purchases these tobacco products that is underage, is fined $55 for the first offense, $100 for the second offense and $150 for third or subsequent offense. Stated the American Heart Association also recommends keeping the same fine structure in place but changing any person to permit holder; changing the penalty language to shift responsibility to the penalty for the fine to the person that is selling the cigarettes rather than a minimum wage worker at a convenient store. Stated the penalty should reside with the retailer. Stated those are their two requests to eliminate purchase youth and possession against youth and changing the fine structure to put that against the permit holder selling the product. Mayor Whipple asked the Manager to have staff look over the request so that Council can have a better understanding of the effects of not only the information that was given but also if we were to move forward with such a request. Bob Layton City Manager stated yes and this is the first he has heard of the request. Council Member Frye asked staff if we currently have any penalties for retailers that sell to minors. Ben Nelson Public Works & Utilities stated yes, there are two types of penalties; one is what the speaker just mentioned that was sliding scale that gets more progressive in terms of the fine for the person who actually sales it and there is also a provision in the code that we enforce, that as more of those infractions get cited during those checks, there is also a suspension of the license for a certain period of time that also escalates with more and more infractions. Vice Mayor Claycomb stated she supports looking at these ordinances as the Mayor suggested. MOTION: Mayor Whipple moved to place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0. 3.) INNOVATIONS IN COMMUNITY BASED CRIME REDUCTION GRANT APPLICATION (PROJECT HOPE). Attachment: Agenda Report No. V-3.doc Attachment: CBCR MOU Sally Stang Department of Housing and Community Services, reviewed the item. Vice Mayor Claycomb stated staff explained this to her before we saw this today and District 6 is a large part of the area here and the concerns about crime and homeless that she receives from businesses in that area, make this a unique approach to addressing some of these concerns and appreciates this innovative approach and the joint effort of Housing and Community Services and the Wichita Police Department.  Page 5 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 (Public comment: None) MOTION: Vice Mayor Claycomb moved to approve the Innovations in Community Based Crime Reduction grant application and its associated Memorandum of Understanding and approve the necessary signatures if awarded. Motion carried 7 to 0. 4.) AMENDING THE COVID-19 RESPONSE MEASURES PROJECT BONDING RESOLUTION. Attachment: Agenda Report No. V-4.doc Attachment: Resolution No. 20-165 Shawn Henning Director of Finance, reviewed the item. Council Member Blubaugh asked what kind of information we have that leads us to believe we might be reimbursed and are we going to see any of that from the federal government? Bob Layton City Manager stated we have been working with the county regarding submitting something to FEMA for expenses primarily those related to public safety expenses that we had early on. Stated we have also had some discussions with the county regarding allocation of some of the funds that they received related to COVID-19, they have a consultant that is helping them with that process and they are asking for comments on their procedures right now and we are supplying some information to them and letting them know the magnitude of our expenses. Stated that is why we think we have a chance to recover it. (Public comment: None) MOTION: Mayor Whipple moved to adopt the amending resolution and authorize the necessary signatures. Motion carried 7 to 0. 5.) SALE OF CITY-OWNED PROPERTY EAST OF 740 WEST 2ND STREET. (DISTRICT VI) Attachment: Agenda Report No. V-5.doc Attachment: Supporting Documents.pdf John Philbrick Property Management, reviewed the item. Vice Mayor Claycomb stated this is a nice way to begin to see some fill in that extends Delano and starts that connection with downtown and Old Town and puts a piece of property back on the tax rolls. (Public comment: None)  Page 6 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 MOTION: Vice Mayor Claycomb moved to approve the Real Estate Purchase Agreement and Lease, authorize publication of required Urban Renewal notice and authorize the necessary signatures upon the end of the notice period. 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 COMMENTS AND APPOINTMENTS 1.) Board Appointments. Council Member Blubaugh appointed the following to DAB 4: Sonya Brown and Grant Delmar. Mayor Whipple appointed the following to the Mayor's Advisory Council on Diversity, Inclusion and Civil Rights: Rabbi Davis, Dr. Reverend Patricia Havis, Reverend Robert Johnson and Kenzie Borland. Stated we have had over 130 who have applied to be part of the council and plans to find a way to put that into action. MOTION: Council Member Blubaugh moved to approve the appointments. Motion carried 7 to 0. ***WORKSHOP FOLLOWED IN THE COUNCIL CHAMBERS***  Page 7 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 15 minutes to receive information on two offers of settlement pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney which would be deemed privileged in the attorney-client relationship. Pending litigation and claim settlement. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 10:25 a.m. and end at 10:40 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 10:43 a.m. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 5 to 0, (Absent: Frye and Johnson). The meeting was adjourned at 10:44 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 8 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 7 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 June 9, 2020 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for June 9, 2020.pdf b.) Not To Be Advertised Sanitary Sewer to serve the Ranch 2nd Addition. Attachment: PE Cover Sheet NTBA The Ranch 2nd Addition PH 2.doc Attachment: PE- NTBA The Ranch 2nd Addition PH 2.doc c.) Not To Be Advertised Water Distribution System to serve The Ranch 2nd Addition. Attachment: PE Cover Sheet NTBA The Ranch 2nd Addition.doc Attachment: PE- NTBA The Ranch 2nd Addition.doc d.) Not To Be Advertised Sewer Improvements to serve Bradley Fair 3rd Addition. (District II) Attachment: PE Cover Sheet NTBA Bradley Fair 3rd.doc Attachment: PE- NTBA Bradley Fair 3rd.doc e.) Not To Be Advertised Water Improvement to serve Southern Ridge 3rd Addition. (District IV) Attachment: PE Cover Sheet NTBA Southern Ridge 3rd.doc Attachment: PE- NTBA Southern Ridge 3rd.doc 3) CHANGE ORDERS: a.) Change Order No. 2 for 2018 Outsourced Pavement Preservation Program CIP Microsurfacing. Attachment: Agenda Report No. II-3a.docx Attachment: CO No. 2.pdf  Page 9 CITY COUNCIL PROCEEDINGS JUNE 9, 2020 4) MINUTES OF ADVISORY BOARDS/COMMISSIONS: Wichita Transit Advisory Board, February 19, 2020 Wichita Airport Advisory Board, March 2, 2020 Board of Park Commissioners, March 9, 2020 UNCATEGORIZED ITEMS: 5.) CITY OF WICHITA EMPLOYEES’ DEFERRED COMPENSATION PLAN EMPOWER AGREEMENT AMENDMENT. Attachment: Agenda Report No. II-5.doc Attachment: Appointment of Successor Trustee (1).pdf Attachment: WF to GWTC Amendment.pdf 6.) SALE OF CITY-OWNED PROPERTY EAST OF 740 WEST 2ND STREET. (DISTRICT VI) ***MOVED TO NEW BUSINESS V-5*** II) CONSENT PLANNING AGENDA ITEMS 7.) VAC2020-00005 – CITY VACATION OF A PORTION OF A UTILITY EASEMENT FOR THE CONSTRUCTION OF AN IN-GROUND POOL ON PROPERTY ZONED SF-5 SINGLE FAMILY RESIDENTIAL AND GENERALLY LOCATED 160 FEET EAST OF NORTH TYLER ROAD AND ONE-BLOCK SOUTH OF WEST 29TH STREET NORTH, 8705 WEST MEADOW PARK. (DISTRICT V) Attachment: Agenda Report No. II-7.docx Attachment: Vacation Order.docx Attachment: VAC2020 05 -MAPC Min Excerpt.docx Attachment: VAC2020 05 -Access Easement.pdf II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE