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City Council Meetings

Regular Meeting

Wichita, KS · July 28, 2020

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Minutes

Page 1 CITY COUNCIL PROCEEDINGS JULY 28, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 28, 2020 Tuesday, 09:30 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Becky Tuttle, Brandon Johnson, Bryan Frye, James Clendenin, and Jeff Blubaugh. Staff Members Present: 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 minutes of regular meeting July 21, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting July 21, 2020. Motion carried 7 to 0. II) CONSENT AGENDA ITEMS 1 THROUGH 12 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 12 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1.) Board Appointments - NONE EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 20 minutes to receive information on statutory processes applicable to municipalities 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 for potential litigation and legal advice. The Executive Session is required to protect attorney-client privilege and the Page 2 CITY COUNCIL PROCEEDINGS JULY 28, 2020 public interest. The Executive Session will begin at 9:35 a.m. and end at 9:55 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 10:00 a.m., no binding action was taken. MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0 (absent: Council Member Blubaugh). ADJOURNMENT The meeting was adjourned at 10:00 a.m. Respectfully submitted, Jamie Buster, MPA, CMC Deputy City Clerk Page 3 CITY COUNCIL PROCEEDINGS JULY 28, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 12 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 JULY 28.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEsforCC_07-28-20.pdf b.) Preliminary Estimates for Paving to Serve Falcon Falls 2nd Addition Ph 4B. Attachment: PE COVER SHEET NTBA FF Paving.doc Attachment: PE- NTBA Falcon Falls Paving.doc c.) Preliminary Estimates for Water Improvements to Serve Falcon Falls 2nd Addition Ph 4B. Attachment: PE COVER SHEET NTBA Falcon Falls 2nd WDS.doc Attachment: PE- NTBA Falcon Falls 2nd WDS.doc 3) Petitions for Public Improvements: a.) New and Revised Petitions for Improvements to Serve Brookfield Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-212 018386.docx Attachment: Resolution 20-213 018392.docx Attachment: Resolution 20-214 018395.docx Attachment: Resolution 20-215 018397.docx Attachment: Resolution 20-216 018398.docx Attachment: Resolution 20-217 085623.docx Attachment: Resolution 20-218 085624.docx Page 4 CITY COUNCIL PROCEEDINGS JULY 28, 2020 Attachment: Resolution 20-219 085625.docx Attachment: Resolution 20-220 085626.docx b.) Petitions for Improvements to Serve Turkey Creek 3rd and 4th Addition. (District IV) Attachment: Agenda Report No. II-3b.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-221 016809.docx Attachment: Resolution 20-222 016814.docx Attachment: Resolution 20-223 016815.docx Attachment: Resolution 20-224 016821.docx Attachment: Resolution 20-225 016823.docx Attachment: Resolution 20-226 016826.docx Attachment: Resolution 20-227 016828.docx Attachment: Resolution 20-228 085444.docx Attachment: Resolution 20-229 085617.docx Attachment: Resolution 20-230 085618.docx Attachment: Resolution 20-231 085619.docx Attachment: Resolution 20-232 085620.docx c.) Petition for Improvements to Serve Central Community Church. (District V) Attachment: Agenda Report No. II-3c.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-233 018124.docx d.) Revised Petitions for Improvements to Serve Emerald Bay 3rd and 4th Additions. (District VI) Attachment: Agenda Report No. II-3d.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-234 007807.docx Page 5 CITY COUNCIL PROCEEDINGS JULY 28, 2020 Attachment: Resolution 20-235 085424.docx 4) Design Services Agreements: a.) Design Services Agreement for Northgate 2nd and 3rd Additions. (District VI) Attachment: Agenda Report No. II-4a.docx Attachment: Agreement.pdf 5) Property Acquisitions: a.) Partial Acquisition of 11020 and 11102 East Pawnee for the Pawnee Avenue - Webb Road to Greenwich Road Improvement Project. (District II) Attachment: Agenda Report No. II-5a.doc Attachment: Supporting Documents b.) Acquisition of Easements at 4330 North Ridge Road as Needed for the Sanitary Sewer Lift Station Rehabilitation and Improvement Project. (County) Attachment: Agenda Report No. II-5b.doc Attachment: Agreement approved as to form.pdf Attachment: Exhibits.pdf 6) Minutes of Advisory Boards/Commissions: Wichita Employees’ Retirement System, January 22, 2020, February 19, 2020 and April 22, 2020 Police & Fire Retirement System, January 22, 2020, February 19, 2020 and April 22, 2020 Joint Investment Committee, March 26, 2020 and May 7, 2020 Deferred Compensation Board of Trustees, February 20, 2020 Wichita Public Library Monthly Activity Report, June 2020 Bicycle and Pedestrian Advisory Board, June 8, 2020 Board of Park Commissioners, June 8, 2020 Library Board of Directors, June 16, 2020 Wichita Transit Advisory Board, June 17, 2020 Design Council, July 6, 2020 Uncategorized Items: 7.) Childcare Licensing Grant Award. Attachment: Agenda Report No. II-7.docx 8) Second Reading Ordinances: Page 6 CITY COUNCIL PROCEEDINGS JULY 28, 2020 Second Reading Ordinances (first read July 21, 2020) Attachment: List of Second Reading Ordinances 07-28-2020.docx II) CONSENT PLANNING AGENDA ITEMS 9.) VAC2020-00015 – City Vacation of a Portion of a Platted Utility Easement to Allow Development on Property Zoned PUD Planned Unit Development (PUD-57); Generally Located on the North Side of West Maple Street and 1,800 Feet East of South Ridge Road. (District V) Attachment: Agenda Report No. II-9.docx Attachment: VAC2020 15 -MAPC Min Excerpt.docx Attachment: VAC2020 15 -Vacation Order.docx 10.) VAC2019-00019 – City Request to Vacate a Portion of Handley Street Right-of-Way Related to the 1996 Relocation of McLean Boulevard Adjacent to Property Zoned LI Limited Industrial and GC General Commercial, Generally Located on the East and West Sides of North Handley Street Between West 2nd Street North and West Kiowa Street. (District VI) Attachment: Agenda Report No. II-10.docx Attachment: VAC2019 19 -Vacation Order.docx Attachment: VAC2019 19 -MAPC Min Excerpt.docx Attachment: VAC2019 19 -support docs.pdf 11.) ZON2020-00016 - City Zone Change from SF 5 Single Family Residential to TF 3 Two Family Residential Zoning District, Generally Located One-Quarter Mile South of West Central Avenue and One-Quarter Mile East of I-235 in the 400 Block of North Doris Street. (District VI) Attachment: Agenda Report No. II-11.docx Attachment: ZON2020 16 -Excerpt Minutes 06 18 20.docx Attachment: ZON2020 16 -support doc.pdf Attachment: Ordinance 51-328 12.) ZON2020-00019 – City Zone Change from SF-5 Single-Family Residential to TF-3 Two- Family Residential on Property Located on the West Side of North Meridian Avenue, 1900 Feet North of West 53rd Street North. (District IV) Attachment: Agenda Report No. II-12.docx Attachment: ZON2020 19 -MAPC Min Excerpt 06 18 20.docx Page 7 CITY COUNCIL PROCEEDINGS JULY 28, 2020 Attachment: ZON2020 19 -support doc.pdf Attachment: Ordinance 51-329 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE

Agenda

AGENDA CITY COUNCIL Tuesday, July 28, 2020 9:30 AM The regular meeting of the City Council will be held on July 28, 2020 at 9:30 AM in the Council Chambers 455 N. Main Street, Wichita, KS 67202. OPENING OF REGULAR MEETING Call to Order Approve the minutes of regular meeting July 21, 2020 II. CONSENT AGENDA ITEMS 1 THROUGH 12 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 - NONE COUNCIL AGENDA IX. COUNCIL MEMBER AGENDA - NONE X. COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1. Board Appointments. RECOMMENDED ACTION: Approve the appointments. ADJOURNMENT ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 12 II. CITY COUNCIL CONSENT AGENDA ITEMS 1. Applications for Licenses to Retail Cereal Malt Beverages: City Council Page 2 July 28, 2020 a. Applications for Licenses to Retail Cereal Malt Beverages: RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBS FOR JULY 28.docx 2. Preliminary Estimates: a. List of Preliminary Estimates. RECOMMENDED ACTION: Receive and file. PEsforCC_07-28-20.pdf b. Preliminary Estimates for Paving to Serve Falcon Falls 2nd Addition Ph 4B. RECOMMENDED ACTION: Receive and file. PE COVER SHEET NTBA FF Paving.doc PE- NTBA Falcon Falls Paving.doc c. Preliminary Estimates for Water Improvements to Serve Falcon Falls 2nd Addition Ph 4B. RECOMMENDED ACTION: Receive and fie. PE COVER SHEET NTBA Falcon Falls 2nd WDS.doc PE- NTBA Falcon Falls 2nd WDS.doc 3. Petitions for Public Improvements: a. New and Revised Petitions for Improvements to Serve Brookfield Addition. (District II) RECOMMENDED ACTION: Approve the new and revised petitions, adopt the new and amending resolutions, and authorize the necessary signatures. Agenda Report No. II-3a.doc Supporting Documents.pdf Resolution 20-212 018386.docx Resolution 20-213 018392.docx Resolution 20-214 018395.docx Resolution 20-215 018397.docx Resolution 20-216 018398.docx Resolution 20-217 085623.docx Resolution 20-218 085624.docx Resolution 20-219 085625.docx Resolution 20-220 085626.docx b. Petitions for Improvements to Serve Turkey Creek 3rd and 4th Addition. (District IV) City Council Page 3 July 28, 2020 RECOMMENDED ACTION: Approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Agenda Report No. II-3b.doc Supporting Documents.pdf Resolution 20-221 016809.docx Resolution 20-222 016814.docx Resolution 20-223 016815.docx Resolution 20-224 016821.docx Resolution 20-225 016823.docx Resolution 20-226 016826.docx Resolution 20-227 016828.docx Resolution 20-228 085444.docx Resolution 20-229 085617.docx Resolution 20-230 085618.docx Resolution 20-231 085619.docx Resolution 20-232 085620.docx c. Petition for Improvements to Serve Central Community Church. (District V) RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution, and authorize the necessary signatures. Agenda Report No. II-3c.doc Supporting Documents.pdf Resolution 20-233 018124.docx d. Revised Petitions for Improvements to Serve Emerald Bay 3rd and 4th Additions. (District VI) RECOMMENDED ACTION: Approve the revised petitions and revised budgets, adopt the amending resolution, and authorize the necessary signatures. Agenda Report No. II-3d.doc Supporting Documents.pdf Resolution 20-234 007807.docx Resolution 20-235 085424.docx 4. Design Services Agreements: a. Design Services Agreement for Northgate 2nd and 3rd Additions. (District VI) RECOMMENDED ACTION: Approve the design agreement and authorize the necessary signatures. Agenda Report No. II-4a.docx Agreement.pdf City Council Page 4 July 28, 2020 5. Property Acquisitions: a. Partial Acquisition of 11020 and 11102 East Pawnee for the Pawnee Avenue - Webb Road to Greenwich Road Improvement Project. (District II) RECOMMENDED ACTION: Approve the acquisition and authorize the budget. Agenda Report No. II-5a.doc Supporting Documents b. Acquisition of Easements at 4330 North Ridge Road as Needed for the Sanitary Sewer Lift Station Rehabilitation and Improvement Project. (County) RECOMMENDED ACTION: Approve the real estate purchase agreement, approve the budget and authorize all necessary signatures. Agenda Report No. II-5b.doc Agreement approved as to form.pdf Exhibits.pdf 6. Minutes of Advisory Boards/Commissions: Wichita Employees' Retirement System, January 22, 2020, February 19, 2020 and April 22, 2020 Police & Fire Retirement System, January 22, 2020, February 19, 2020 and April 22, 2020 Joint Investment Committee, March 26, 2020 and May 7, 2020 Deferred Compensation Board of Trustees, February 20, 2020 Wichita Public Library Monthly Activity Report, June 2020 Bicycle and Pedestrian Advisory Board, June 8, 2020 Board of Park Commissioners, June 8, 2020 Library Board of Directors, June 16, 2020 Wichita Transit Advisory Board, June 17, 2020 Design Council, July 6, 2020 RECOMMENDED ACTION: Receive and file. Uncategorized Items: 7. Childcare Licensing Grant Award. RECOMMENDED ACTION: Accept the award of the KDHE Licensing Grant for the State Fiscal Year of 2021. Agenda Report No. II-7.docx 8. Second Reading Ordinances: City Council Page 5 July 28, 2020 Second Reading Ordinances (first read July 21, 2020) RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 07-28-2020.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. 9. VAC2020-00015 – City Vacation of a Portion of a Platted Utility Easement to Allow Development on Property Zoned PUD Planned Unit Development (PUD-57); Generally Located on the North Side of West Maple Street and 1,800 Feet East of South Ridge Road. (District V) 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-9.docx VAC2020 15 -MAPC Min Excerpt.docx VAC2020 15 -Vacation Order.docx 10. VAC2019-00019 – City Request to Vacate a Portion of Handley Street Right-of-Way Related to the 1996 Relocation of McLean Boulevard Adjacent to Property Zoned LI Limited Industrial and GC General Commercial, Generally Located on the East and West Sides of North Handley Street Between West 2nd Street North and West Kiowa Street. (District VI) 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-10.docx VAC2019 19 -Vacation Order.docx VAC2019 19 -MAPC Min Excerpt.docx VAC2019 19 -support docs.pdf 11. ZON2020-00016 - City Zone Change from SF 5 Single Family Residential to TF 3 Two Family Residential Zoning District, Generally Located One-Quarter Mile South of West Central Avenue and One-Quarter Mile East of I-235 in the 400 Block of North Doris Street. (District VI) RECOMMENDED ACTION: Adopt the findings of the MAPC and approve the City Council Page 6 July 28, 2020 requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four of seven votes). Agenda Report No. II-11.docx ZON2020 16 -Excerpt Minutes 06 18 20.docx ZON2020 16 -support doc.pdf Ordinance 51-328 12. ZON2020-00019 – City Zone Change from SF-5 Single-Family Residential to TF-3 Two-Family Residential on Property Located on the West Side of North Meridian Avenue, 1900 Feet North of West 53rd Street North. (District IV) RECOMMENDED ACTION: Adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires 4 of 7 votes). Agenda Report No. II-12.docx ZON2020 19 -MAPC Min Excerpt 06 18 20.docx ZON2020 19 -support doc.pdf Ordinance 51-329 II. CONSENT HOUSING AGENDA ITEMS - NONE 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. II. CONSENT AIRPORT AGENDA ITEMS - NONE 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