City Council Meetings

AGENDA CITY COUNCIL Tuesday, August 11, 2020 9:00 AM The regular meeting of the City Council will be held on August 11, 2020 at 9:00 AM in the City Council Chambers 455 N. Main Street, Wichita, KS 67202. OPENING OF REGULAR MEETING Call to Order Invocation and Pledge of Allegiance Approve the minutes of regular meeting on August 4, 2020 Proclamations: American Wind Week Save the Bees Day I. PUBLIC AGENDA NOTICE: No action will be taken relative to items on this agenda other than referral for information. Requests to appear will be placed on a “first-come, first-served” basis. This portion of the meeting is limited to thirty minutes and shall be subject to a limitation of five minutes for each presentation with no extension of time permitted. No speaker shall be allowed to appear more frequently than once every fourth meeting. Members of the public desiring to present matters to the Council on the public agenda must submit a request in writing to the office of the city clerk prior to twelve noon on the Tuesday preceding the council meeting. Matter pertaining to personnel, litigation and violations of laws and ordinances are excluded from the agenda. Rules of decorum as provided in this code will be observed. 1. Gerald Baker - Traffic Signal and Crosswalk at 9th and McLean. 2. Marty Spence - Health mandate and navigating the business side of it. 3. Todd Ramsey - Century II and the "slap in the face" of the non-petition signers. II. CONSENT AGENDA ITEMS 1 THROUGH 20 City Council Page 2 August 11, 2020 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 August 10, 2020. RECOMMENDED ACTION: Receive and file report, approve the contracts and authorize the necessary signatures. 08-10-2020 Board of Bids.pdf Q2 Hand out.xlsx IV. UNFINISHED COUNCIL BUSINESS - NONE V. NEW COUNCIL BUSINESS 1. 2021 Annual Operating Budget and 2021-2030 Capital Improvement Program RECOMMENDED ACTION: Close the public hearing and: (1) Adopt the 2021 Proposed Budget with the recommended adjustments to Animal Control and the second reading of the necessary budget ordinances, including those for the Tax Increment Financing (TIF) Districts and the SSMID; (2) Approve amending the 2020 Budget for the Community Improvement Districts Fund and Tourism Business Improvement District Fund; (3) Approve the use of local funds derived from property within the corporate limits for the Wichita State University Board of Trustees (Interlocal Agreement between the City and County); (4) Authorize staff to take the necessary steps to implement the budget, including budget adjustments, expenditure control levels, budget administration procedures, and to make any technical adjustments necessary to complete and submit the State certification forms; and (5) Adopt the 2021-2030 Proposed Capital Improvement Program. Agenda Report No. V-1.docx 2. Public Hearing and Request for a Letter of Intent to Issue Industrial Revenue Bonds (Webb Industrial, LLC) (District II) RECOMMENDED ACTION: Close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Agenda Report No. V-2.doc City Council Page 3 August 11, 2020 IRB Application Resolution 20-240 3. Public Hearing on the Establishment of the Riverside Housing Redevelopment District, Tax Increment Financing. (District VI) RECOMMENDED ACTION: Close the public hearing, place the ordinance on first reading, and authorize the necessary signatures. Agenda_Report_No._V-3.docx Ordinance 51-333 4. Funding for Improvements to Sycamore Street, Douglas Street to McLean Boulevard. (District VI) RECOMMENDED ACTION: Approve the revised budget, adopt the amending resolution, and authorize the necessary signatures. Agenda Report No. V-4.doc Resolution 20-241 5. Ordinances Establishing Open Air ICT Temporary Use Permits. RECOMMENDED ACTION: Declare an Emergency and approve the ordinance on first reading and authorize the necessary signatures. Agenda Report No. V-5.docx Open Air ICT - Temporary Use Permit (DRAFT).docx Open Air ICT - Temporary Use Permit - Exhibit A (DRAFT).docx Ordinance 51-335 Ordinance 51-335 Emergency Declaration 6. Ordinances Amending Sections 5.42.020 and 5.43.050 Pertaining to Wearing of Masks in Public Places. RECOMMENDED ACTION: Declare an emergency and approve the ordinance on first reading. Agenda Report No. V-6.docx Delineated Ordinance.docx Emergency_Declaration_-_Mask_Ordinance.docx Ordinance No. 51-336 COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA 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 City Council Page 4 August 11, 2020 the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing. VI. NON-CONSENT PLANNING AGENDA 1. ZON2020-00023 – Zone Change from B Multi-Family Residential and GC General Commercial to LI Limited Industrial to Allow For Uniform Development With the Lot to the South Addressed 203 North Handley; Generally Located 515 Feet North of West Douglas on the East Side of Walnut Street. (District VI) RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the requested zone change and place the ordinance on the first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four votes or a simple majority vote). The case may be referred back to the MAPC with a simple majority vote. The City Council may overturn the recommendation of the MAPC and approve the rezone request with a modified Protective Overlay with five of seven votes. Agenda Report No. VI-1.docx Supporting Documents Ordinance 51-334 HOUSING AGENDA 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. VII. NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA 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. VIII. NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX. COUNCIL MEMBER AGENDA - NONE X. COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1. Board Appointments. RECOMMENDED ACTION: Approve the appointments. City Council Page 5 August 11, 2020 Adjournment ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 20 II. CITY COUNCIL CONSENT AGENDA ITEMS 1. Applications for Licenses for Cereal Malt Beverages: a. Applications for Licenses to Retail Cereal Malt Beverages: RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBS FOR AUG 11.docx 2. Preliminary Estimates: a. List of Preliminary Estimates. RECOMMENDED ACTION: Receive and file. PEsforCC_08-11-20.pdf b. Preliminary Estimate for Paving to serve Falcon Falls 3rd Addition. RECOMMENDED ACTION: Receive and file. PE Paving Falcon Falls 3rd Addn.pdf c. Preliminary Estimate for Paving Improvements to serve Northgate 3rd Addition. RECOMMENDED ACTION: Receive and file. PE Paving Northgate 3rd Addn.pdf d. Preliminary Estimates for Sewer Improvements to serve Falcon Falls 3rd Addition. RECOMMENDED ACTION: Receive and file. PE Sewer Falcon Falls 3rd Addn.pdf e. Preliminary Estimates for Water Improvements to serve Falcon Falls 3rd Addition. RECOMMENDED ACTION: Receive and file. PE Water Falcon Falls 3rd Addn.pdf 3. Petitions for Public Improvements: a. Petition for Improvements to Serve Oasis Addition. (District V) City Council Page 6 August 11, 2020 RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution, and authorize the necessary signatures. Agenda Report No. II-3a.doc Supporting Documents.pdf Resolution 20-242 b. Petition for Improvements to Serve Mallard Estates Addition. (District V) RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution, and authorize the necessary signatures. Agenda Report No. II-3a.doc Supporting Documents.pdf Resolution 20-243 4. Design Services Agreements: a. Supplemental Design Agreement No. 1 for Improvements to Siena Lakes 2nd Addition. (District V) RECOMMENDED ACTION: Approve Supplemental Design Agreement No. 1 and authorize the necessary signatures. Agenda Report No. II-4a.docx SDA No. 1.pdf 5. Property Acquisitions: a. Partial Acquisition 10628 East Pawnee for the Pawnee Avenue - Webb Road to Greenwich Road Improvement Project. (District II) RECOMMENDED ACTION: Approve the acquisition, authorize the budget and authorize the Mayor to sign any necessary documents. Agenda Report No. II-5a.doc Supporting Documents Uncategorized Items: 6. Derby and Butler County 2020 Interlocal Agreements. RECOMMENDED ACTION: Approve the interlocal agreements for the City of Derby and Butler County for 2020. Agenda Report No. II-6.doc Butler County Agreement 2020.doc Derby Agreement 2020.doc 7. 2021 State Edward Byrne Memorial Justice Assistance Grant (JAG). City Council Page 7 August 11, 2020 RECOMMENDED ACTION: Approve the grant application and authorize the necessary signatures if awarded. Agenda Report No. II-7.doc 8. 2020 Federal Justice Assistance Local Grant (JAG) . RECOMMENDED ACTION: Approve the Memorandum of Understanding and authorize the necessary signatures. Agenda Report No. II-8.doc MOU 9. 2021 Victims of Crime Act (VOCA) Continuation Grant. RECOMMENDED ACTION: Approve the 2021 VOCA grant submission and authorize the necessary signatures upon award. Agenda Report No. II-9.doc 10. Grant Application to US Department of Commerce, Economic Development Administration. RECOMMENDED ACTION: Approve submission of the grant application, and authorize the necessary signatures on the grant application. Agenda Report No. II-10.docx ED-900 GA B.1 - 2020.07.07 final.docx 2020_05_29_Greater Wichita Economic Recovery.pdf 2020.05.15.pdf 21ST Street Project.pdf 11. Ordinance Correcting Boundaries of Union Station TIF, Tax Increment Financing. (District I) RECOMMENDED ACTION: Place the ordinance on first reading and authorize the necessary signatures. Agenda Report No. II-11.docx Ordinance 51-332 11a. River Vista Project Close Out (District VI) RECOMMENDED ACTION: Approve the final statements of costs for the special assessment and CID projects, accept the owner’s Consent To Final Costs And Waiver Of Public Hearing and right to challenge special assessments, and pass on first reading the Ordinances levying assessments. Agenda Report No. II-11a.docx SOC RIVER VISTA - CID IMPROVEMENTS 8.11.20me.pdf SOC RIVER VISTA - SA IMPROVEMENTS 8-11-20me.pdf WAIVER - CID ASSESSMENT PROCEEDINGS.DOCX City Council Page 8 August 11, 2020 WAIVER - K.S.A. 12-6a01 ASSESSMENT PROCEEDINGS.DOCX Ordinance 51-338 Ordinance 51-337 12. Second Reading Ordinances: a. Second Reading Ordinances (first read August 4, 2020) RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 08-11-2020.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. 13. VAC2020-00010 – Vacation of a Portion of North Kansas Avenue and a Portion of an Alley; Generally Located on the East Side of North Hydraulic Avenue and One Block South of East 13th Street North, 1270 North Kansas. (District I) 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-13.docx Supporting Documents 14. VAC2020-00016 – City Vacation of a Platted Utility Easement on Property Zoned LC Limited Commercial; Generally Located North of East 37th Street North and East of North Woodlawn Boulevard, 3810 North Woodlawn Boulevard. (District I) 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-14.docx VAC2020 16 -MAPC Min Excerpt.docx VAC2020 16 -Vacation Order.docx 15. VAC2020-00017 – City Vacation of a 30-Foot Unconstructed Street Right-of-Way to Extend the Owner’s Property Line on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile East of North West Street and One-Quarter Mile South of West 13th Street North, 3534 West 11th Street North. (District VI) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area City Council Page 9 August 11, 2020 Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures. Agenda Report No. II-15.docx VAC2020 17 -MAPC Min Excerpt.docx Supporting Documents VAC2020 17 -Vacation Order.docx 16. VAC2020-00018 – City Vacation of a Platted Floodway Easement on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile West of North Webb Road and One-Half Mile North of East 21st Street North, 9032 East Lakepoint. (District II) 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-16.docx VAC2020 18 -MAPC Min Excerpt.docx VAC2020 18 -Vacation Order.docx 17. VAC2020-00019 – City Vacation of a Portion of a Platted Drainage of Utility Easement on Property Zoned SF-5 Single Family Residential and Generally Located One-Quarter Mile East of North Ridge Road and One-Quarter Mile North of West 37th Street North. (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-17.docx VAC2020 19 -MAPC Min Excerpt.docx VAC2020 19 -Vacation Order.docx 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 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. 18. Garver, LLC - Agreement, Wichita Dwight D. Eisenhower National Airport. RECOMMENDED ACTION: Approve the agreement and authorize the necessary City Council Page 10 August 11, 2020 signatures. Agenda Report No. II-18.doc Garver Use and Lease Agreement.pdf 19. Use and Lease Agreement, EagleMed, LLC – Supplemental No. 3, Wichita Dwight D. Eisenhower National Airport. RECOMMENDED ACTION: Approve the supplemental agreement and authorize the necessary signatures. Agenda Report No. II-19.doc EagleMed SA#3.pdf 20. EagleMed, LLC – Supplemental Agreement No. 4, Wichita Dwight D. Eisenhower National Airport. RECOMMENDED ACTION: Approve the supplemental agreement and authorize the necessary signatures. . Agenda Report No. II-20.doc EagleMed SA#4.pdf