City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JULY 14, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 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: Robert Layton, City Manager, Jennifer Magana, Director of Law, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting on July 7, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on July 7, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA 1.) Linda Veal - Son Justin Gaston’s death, February 17, 2019. Linda Veal stated on February 17, 2019 her son Justin Gaston got into a car at 6:05 p.m. and was taken to a motel. Stated as he was trying to get out of the car, he was shot in the back, was ran over and left to die at 6:33 p.m. Stated on February 18th she was contacted by her husband regarding the death of her son and that afternoon Detective Chisholm came to her home, assaulted her and pushed himself into her home with no court order or search warrant and started tampering with evidence on her home cameras. Stated Officer Chisholm was out of his jurisdiction, she lives in the county. Stated it is apparent that our Wichita Police Department has no respect for the law, courtrooms or citizens, perjury, falsifying statements, tampering with evidence, identity theft, hit and run, and insurance fraud. Stated her son Justin was killed by the hands of the Wichita Police Department, their car, their weapon, their cash and their drugs. Stated she is asking for charges to be brought up against these officers for their negligence, insurance fraud, identity theft and tampering with evidence. Stated she is trying to put her son to rest and there is a gentleman sitting in the Sedgwick County Jail who is being charged for it and the Judge has it on hold. Council Member Johnson asked Ms. Veal to send that information to him in an email and would like to meet with her one on one about this. Mayor Whipple asked to be included on that email. Council Member Blubaugh asked Ms. Veal to send the email to all of the Council Members.  Page 2 CITY COUNCIL PROCEEDINGS JULY 14, 2020 II) CONSENT AGENDA ITEMS 1 THROUGH 13 Council Member Tuttle stated consent item II-8 Extension of Food Box Program, is a great opportunity to highlight Blue Cross and Blue Shield of Kansas for being the first funder for the program and our incredible Housing Department for going above and beyond in trying to make this happen especially when a few months ago, things were really intense in Housing with trying to keep all of their residents safe. Stated now we are going to be able to extend the program and right now when we see numbers increasing with COVID, across our community and state, there is no better time to make sure that our most vulnerable, the elderly are receiving healthy food at home so they don't have to go out. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) EVERGREEN LIBRARY RENOVATION. (DISTRICT VI) Attachment: Agenda Report No. V-1.doc Attachment: Evergreen Library.pdf Attachment: Resolution 20-189 Chris Sewell, Public Works & Utilities, reviewed the item. Council Member Johnson stated he is excited about this project for District 6 and all of the work that has been put into it and the potential that it has to really serve the community there and bring in all of those partners; great job. Council Member Blubaugh stated he wants to extend his appreciation to former City Council Member Janet Miller in having the vision to make this allocation before she was off the bench. (There were no public comments) Vice Mayor Claycomb stated this is an exciting day to be able to get the $650,000 from the Library fund and combine it with the one million that came from the Hyatt funds to be able to create something that is really innovative in Wichita with a new community center.  Page 3 CITY COUNCIL PROCEEDINGS JULY 14, 2020 MOTION: Vice Mayor Claycomb moved to approve the contract with SJCF Architects, approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 2.) EVERGY DIRECT RENEWABLE PARTICIPATION SERVICE AGREEMENT. Attachment: Agenda Report No. V-2.docx Attachment: Evergy Wind Energy Brief.docx Attachment: Renewables Direct-Kansas Fact Sheet.pdf Attachment: Agreement.pdf Laura Quick, Public Works & Utilities, reviewed the item. Council Member Johnson stated you are predicting that we would save about $326,398 per year but if we don't use the full 30 MW, we potentially get a reimbursement of 80% over and above that $326,000. Laura Quick, Public Works & Utilities stated right, the $326,000 is what we would have saved on average of the last five years of this rate. Stated the credit comes into play only if we use much more than what we actually reserved, so we would have to have quite a bit higher than an average wind year and not use everything that is produce, then we would get a credit for that energy that we did not use. (There were no public comments) Council Member Frye asked where is the location of this Ponderosa Wind Farm that is going to be built. Laura Quick, Public Works & Utilities stated south of Liberal, Kansas on the Oklahoma side. Mayor Whipple stated this will bring our City renewable energy to 70 to 80%. Laura Quick, Public Works & Utilities stated correct on average. Mayor Whipple asked if there are other cities that we are comparable to who have renewable energy at 70 to 80% or above. Laura Quick, Public Works & Utilities stated she has not looked into that. MOTION: Mayor Whipple moved to approve the agreement and authorize the necessary signatures. Motion carried 7 to 0. 3.) 2020 CITY AMERICANS WITH DISABILITY ACT IMPROVEMENTS. Attachment: Agenda Report No. V-3.doc Attachment: Resolution 20-190  Page 4 CITY COUNCIL PROCEEDINGS JULY 14, 2020 Chris Sewell, Public Works & Utilities, reviewed the item. (There were no public comments) MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 4.) 2020 AUTOMATED BUILDING CONTROLS. Attachment: Agenda Report No. V-4.doc Attachment: Resolution 20-191 Chris Sewell, Public Works & Utilities, reviewed the item. (There were no public comments) MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 5.) 2020 CENTURY II REPAIRS. Attachment: Agenda Report No. V-5.doc Attachment: Resolution 20-192 Chris Sewell, Public Works & Utilities, reviewed the item. Council Member Frye asked much per year do we spend on Century II repairs. Chris Sewell, Public Works & Utilities, stated it is probably less than $100,000, but would have to get the numbers back to him. Council Member Frye asked if these particular repairs something that is a long time coming or are they recent issues that have come up; describe these repairs. Chris Sewell, Public Works & Utilities, stated the rooftop that needs repaired, is the original from about the 1980's and is long overdue, the re-circulation pumps have had twice their expected life span. Stated this is a backlog of work that has been due for quite some time. Mayor Whipple stated he received some online questions about why we are borrowing this money or bonding it and asked the Manager to speak to that. Bob Layton City Manager stated the funding source for this is transient guest tax and for almost every capital project we bring forward, we do a bonding resolution so that we have the flexibility to either  Page 5 CITY COUNCIL PROCEEDINGS JULY 14, 2020 borrow or to use cash for the project. Stated it will depend on our cash position at the time and how much money we have in the transient guest tax and will make that decision upon the completion of the project. Stated if you don't approve the bonding resolution, we lose the opportunity to possibly bond if we need to. (There were no public comments) MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 6.) 2020 PARKING GARAGE AND SURFACE LOT IMPROVEMENTS. Attachment: Agenda Report No. V-6.doc Attachment: Resolution 20-193 Chris Sewell, Public Works & Utilities, reviewed the item. (There were no public comments) MOTION: Mayor Whipple moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 7.) 2020 INFORMATION TECHNOLOGY (IT) DATA CABLE REPLACEMENT. (DISTRICT IV) Attachment: Agenda Report No. V-7.doc Attachment: Resolution 20-194 Chris Sewell, Public Works & Utilities, reviewed the item. Mayor Whipple asked if floors one through four already done. Chris Sewell, Public Works & Utilities, stated he would have to ask IT, he doesn't know the answer to that right now. (There were no public comments) MOTION: Council Member Blubaugh moved to approve the project, adopt the bonding resolution, and authorize the necessary signatures. Motion carried 7 to 0. 8.) 2021 ANNUAL OPERATING BUDGET AND 2021-2030 CAPITAL IMPROVEMENT PROGRAM. (PULLED PER CITY MANAGER)  Page 6 CITY COUNCIL PROCEEDINGS JULY 14, 2020 COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA 1.) ZON2020-00011 – CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO GC GENERAL COMMERCIAL, GENERALLY LOCATED 150 FEET SOUTH OF WEST 31ST STREET SOUTH, 1500 FEET WEST OF SOUTH BROADWAY AVENUE, 3218 SOUTH WACO. (DISTRICT III) Attachment: Agenda Report No. VI-1.doc Attachment: ZON2020-00011 MAPC Minutes Excerpt.docx Attachment: ZON2020-00011 Interoffice Memorandum.docx Scott Wadle, Planning Department, reviewed the item. Council Member Clendenin stated we had a robust discussion about this and his district advisory board was unanimous at the wishes of the community including MAPC. MOTION: Council Member Clendenin moved to adopt the findings of the MAPC and deny the requested zone change. Council Member Frye stated if this is approved, what happens to the property, what are the next steps. Scott Wadle, Planning Department stated the instances for which they have been cited would still stand because it would not be zoned appropriately for those uses and would be an enforcement issue. Council Member Frye asked if it has been cited previously to this. Scott Wadle, Planning Department stated he is not aware of that, it does indicate that is what prompted this rezoning. Motion carried 7 to 0. HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA 1.) FOSTER YOUTH TO INDEPENDENCE VOUCHER REQUEST. Attachment: Agenda Report No. VII-1.docx Attachment: Foster Youth Collaborative MOU - executed.pdf  Page 7 CITY COUNCIL PROCEEDINGS JULY 14, 2020 Sally Stang Director of Housing and Community Services, reviewed the item. Vice Mayor Claycomb stated on many of her meetings and calls with continuum care providers, youth homelessness has been an identified issue and appreciates that staff is able to identify this program and take advantage of it. Stated while it is sad that we need it, it is fortunate that it is available. Council Member Johnson stated this is wonderful that staff has been able to take advantage of this. Stated when he worked in youth services at the Salvation Army, we had some foster care young people who would get discharged and they would leave with a bag on their shoulder and that was it. Stated that was one of the key issues that young people face and there is one young person who is still homeless to this day because he didn't have this type of help and appreciates this and is glad to support it. Council Member Clendenin thanked staff for diving into this program and doing what you can. Stated he has been intimately involved with St. Francis services and them trying to do the same thing and bring some of the youth that are homeless to have somewhere to go. Stated he knows that a lot of them sleep in the offices over on Harry Street, which is right in the heart of his district and don't have a place to go and is glad we are stepping up as a City to do what we can to help homeless youth. Mayor Whipple stated he can't compliment what the Housing and Community Services staff is doing any better than what has already been said and asked staff to provide him with an outline or list of all the great things that your department has been able to do over the last six months so that he can talk about this even more. Stated it seems like your office has been on the front line figuring out best ways to utilize all the resources on different levels of government to serve our community and would like to get a list so that we can brag about the work that your office has been doing. MOTION: Mayor Whipple moved to approve the Wichita Housing Authority’s request to the Department of Housing & Urban Development for 25 Tenant Protection Vouchers under the Foster Youth to Independence Program (TPV-FYI). Motion carried 7 to 0. AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1.) Board Appointments. Mayor Whipple reappointed Dr. Teresa Burks to the Animal Control Advisory Board as well as appoint Richard Ruth to the Animal Control Advisory Board as the Mayor's appointment. Council Member Blubaugh reappointed Cheryl Olsthoorn to the CSBG Review Committee.  Page 8 CITY COUNCIL PROCEEDINGS JULY 14, 2020 MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 9:46 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 9 CITY COUNCIL PROCEEDINGS JULY 14, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 13 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 July 14, 2020.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC July 14, 2020.pdf b.) Not To Be Advertised Paving Improvements for Pike Addition. Attachment: PE Cover Sheet NTBA Pike Add Pave.doc Attachment: PE- NTBA Pike Add Pave.doc 3) Agreements/Contracts: a.) Hess Pump Station Site Valve Replacements and Repairs. Attachment: Agenda Report No. II-3a.doc Attachment: Contract.pdf 4) Change Orders: a.) Change Order No. 1 and Change Order Limit Adjustment for Outsourced Pavement Preservation Program Capital Improvement Program (CIP) Ultrathin Bonded Overlay. Attachment: Agenda Report No. II-4a.docx Attachment: CO No. 1.pdf Attachment: Resolution 20-195 UNCATEGORIZED ITEMS: 5.) Nuisance Abatement Assessments, Lot Clean-Up. (Districts I, III, IV, V and VI) Attachment: Agenda Report No. II-5.docx Attachment: Property Listing.docx  Page 10 CITY COUNCIL PROCEEDINGS JULY 14, 2020 Attachment: Ordinance No. 51-308 6.) Private Project Sanitary Sewer to Serve Boot Barn Warehouse. (District III) Attachment: Agenda Report No. II-6.doc Attachment: Supporting Documents 7.) Purchase Option, Industrial Revenue Bonds, Lee Real Estate, LLC. (District II) Attachment: Agenda Report No. II-7.doc Attachment: Redemption Purchase Options.docx 8.) Extension of Food Box Program. Attachment: Agenda Report No. II-8.docx Attachment: MEI Foods CDBG Contract, 7-14-2020.doc 9) Second Reading Ordinances: a.) Second Reading Ordinances (first read July 7, 2020) Attachment: List of Second Reading Ordinances 07-14-2020.docx II) CONSENT PLANNING AGENDA ITEMS 10.) ZON2020-00012 - CITY ZONE CHANGE FROM NR NEIGHBORHOOD RETAIL TO LC LIMITED COMMERCIAL FOR COMMERCIAL USES, GENERALLY LOCATED ON THE NORTH SIDE OF EAST CENTRAL AND WEST OF NORTH EDGEMOOR, 5400 EAST CENTRAL. (DISTRICT I) Attachment: Agenda Report No. II-10.doc Attachment: ZON2020-00012 MAPC Minutes Excerpt.docx Attachment: Memo to MAPC and City Council_ZON2020-00012.pdf Attachment: Ordinance No. 51-309 11.) SUB2020-00014 -- PLAT OF CLEAR CREEK 4TH ADDITION LOCATED ON THE WEST SIDE OF SOUTH 143RD STREET EAST, ONE-HALF MILE SOUTH OF EAST US-54/400 HIGHWAY. (DISTRICT II) Attachment: Agenda Report No. II-11.docx Attachment: Supporting Documents  Page 11 CITY COUNCIL PROCEEDINGS JULY 14, 2020 12.) DED2020-00001 – CONTINGENT RIGHT-OF-WAY DEDICATION AND DED2020-00007 – CONTINGENT RIGHT-OF-WAY DEDICATION FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EAST 31ST STREET SOUTH AND SOUTH OLIVER STREET. (DISTRICT III) Attachment: Agenda Report No. II-12.docx 13.) DED2020-00009 – DEDICATION OF UTILITY EASEMENT FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEST MAPLE STREET, ONE-THIRD MILE EAST OF SOUTH RIDGE ROAD. (DISTRICT V) Attachment: Agenda Report No. II-13.docx II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE