City Council Meetings

Regular Meeting

Wichita, KS · August 18, 2020

Minutes

Page 1 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 18, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, and Brandon Johnson. Absent: James Clendenin. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, Director of Law, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:01 a.m. Approve the minutes of regular meeting on August 11, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on August 11, 2020. Motion carried 6 to 0, (Absent: Clendenin). I) PUBLIC AGENDA - NONE II) CONSENT AGENDA ITEMS 1 THROUGH 10 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 10 in accordance with the recommended actions shown thereon. Motion carried 6 to 0, (Absent: Clendenin). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) REPORT OF BOARD OF BIDS AND CONTRACTS DATED AUGUST 17, 2020. Attachment: 08-17-2020 Board of Bids.pdf Hannah Lang Department of Finance, reviewed the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Clendenin). Page 2 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) 2021 - 2023 ANCILLARY EMPLOYEE BENEFITS SELECTION. Attachment: Agenda Report No. V-1.docx Attachment: Ancillary Benefits Agenda Attachments Final.docx Verl Niedens Department of Finance, reviewed the item. Council Member Tuttle stated she will be abstaining from voting on this item due to a conflict of interest. (No public comments) MOTION: Mayor Whipple moved to accept the recommendations of the Staff Screening and Selection Committee and: 1) approve Delta Dental of Kansas, VSP, The Standard Insurance Company, UNUM and Surency as the providers for dental, vision, basic life, dependent life, basic AD&D, supplemental life, voluntary AD&D, voluntary LTD, and flexible spending administration for plan years 2021-2023; 2) approve the administrative fees/premium rates/benefits, as applicable for each plan; 3) approve the benefit enhancements and deviations as recommended for each plan; 4) approve the rate guarantees for each vendor as recommended and authorize renewal at the guaranteed rates for 2021, 2022, 2023, 2024 and 2025, as applicable; 5) approve the option to renew after three years, with two additional one-year contracts with each vendor offering guaranteed rates for five years, if beneficial to the Plan; and 6) authorize the necessary signatures. Motion carried 5 to 0, (Abstain: Tuttle; Absent: Clendenin). 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 Page 3 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 IX) COUNCIL MEMBER AGENDA 1.) CITY COUNCIL POLICY REGARDING ADVISORY ELECTION REGARDING CENTURY II AND THE CENTRAL PUBLIC LIBRARY. Attachment: Agenda Report No. IX-1.docx Attachment: City Council Policy 38-Century II Final Jennifer Magana Director of Law, reviewed the item. 1) (No name given) stated back in the 1960's we lost a President, we had the Vietnam War and a lot of things going down that were really not good and Wichita came up with the idea to build Century II. Thanked the Mayor or having the compassion to help, still thinks we have the right to vote and doesn't know what he will do if it is torn down, the City will be lost. Mayor Whipple stated this Legislation was a group effort that became better as more members of the Council took part in it and adjusted and worked on it and was not just a product of the Mayor but a product of the collaborative effort of the Council. 2) Darrell Kelly stated he represents W, a community of young professionals and the Riverfront Legacy Master Plan Coalition. Stated there are three points that are critical to this discussion: 1) with regard to this policy, we fully support a vote on the future of the library and Century II and the community's voice has been and will remain an important part of this Riverfront process. Stated they have held five large community meetings, five public coalition meetings open to the community and press, roughly 50 community presentations to everyone from school-aged kids, rotary clubs, McConnell AFB and many others and 5,000 plus community touch points; 2) if we have a vote on the future of Century II and the library, we believe that the vote needs to be accompanied by a design and funding plan that makes sense for our future and the plan needs to take into account, the health and economic realities that we find ourselves in; and 3) approaching the Riverfront with a future mindset carries with it huge potential to aid in our region's economic recovery and retention of Wichita's most coveted commodity, our young and talented people. Stated we support a vote, the vote must be accompanied by design and funding plans, this is a pivotal strategic moment in the history of Wichita, let's use it to help us recover economically and keep our young people in Wichita. Mayor Whipple stated he believes there is an allowance in this policy for if a vote was to be coupled with a design and finance plan such as a sales tax that would also count. Jennifer Magana Director of Law stated there is a specific provision that says it is not the intent of this policy to limit the number of questions or issues which may be posed to voters as part of any such advisory election regarding the financing for proposed uses or development plans regarding Century II or the public library. Mayor Whipple stated good. Stated it seems like this policy has the flexibility to meet both sides of those concerned with this issue. Council Member Johnson stated he appreciates this policy and being that he was part of the Riverfront development discussion, wants to highlight yet again that we always talked about a public vote and this is another step towards saying that we support a public vote. Stated he has never been a part of any Page 4 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 conversation with the private sector or his colleagues that said "hey we are just going to do it." Stated it has always been how do we engage the public and get more input and then get a vote that way folks can have their say at the ballot box on the future of the Riverfront, so this is yet another policy that will guarantee again that people can have a vote. Stated we have always supported a public vote and have shown today again that we support a private vote. MOTION: Council Member Johnson moved to consider the proposed policy and take appropriate action. Motion carried 6 to 0, (Absent: Clendenin). X) COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1.) BOARD APPOINTMENTS. Council Member Tuttle appointed Tyler York to District II Advisory Board. Mayor Whipple made the following appointments: for the Design Council - Susan Moeder, Jessie Sterling, reappointed Tyler Cooper, Steve Vo, Matt Hamm, Greg Allison, Armando Minjarez, Ella Baccus, Sharon Fearey, Jeff Best and Phil Meyer; for Sedgwick County Community Corrections Advisory Board: Sean Gates; for the Plumbers and Gas Fitters Board of Appeals: reappointed Curtis Unkel, Ray Frederick, Larry Dougherty, John Clark and Kirk Stoddard. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 6 to 0, (Absent: Clendenin). ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 6 to 0, (Absent: Clendenin). The meeting was adjourned at 9:25 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk Page 5 CITY COUNCIL PROCEEDINGS AUGUST 18, 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 August 18, 2020.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 08-18-20.pdf b.) Preliminary Estimates for Sanitary Sewer to serve R.F. Addition Attachment: NTBA SS RF Addition.doc Attachment: PE Cover Sheet NTBA RF Addition.doc c.) Preliminary Estimates for Water Distribution System to serve R.F. Addition Attachment: NTBA WDS RF Addition.doc Attachment: PE Cover Sheet NTBA RF Addition.doc 3) PETITIONS FOR PUBLIC IMPROVEMENTS: a.) Petitions for Improvements to Serve Broad Street Industrial Park. (District IV) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-244 020552.docx Attachment: Resolution 20-245 020558.docx b.) Petitions for Improvements to Serve Courtyards at Brookfield Addition. (District II) Attachment: Agenda Report No. II-3b.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-246 085630.docx Attachment: Resolution 20-247 085631.docx Page 6 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 4) CHANGE ORDERS: a.) Change Order No. 4 for Improvements to Greenwich Road from Harry to Pawnee. (District II) Attachment: Agenda Report No. II-4a.docx Attachment: CO No. 4.pdf UNCATEGORIZED ITEMS: 5.) LAND AND WATER CONSERVATION FUND GRANT AND RECREATION TRAILS PROGRAM GRANT APPLICATIONS. Attachment: Agenda Report No. II-5.docx 6.) WAIVER OF MABCD SPECIAL ASSESSMENT FEES. (DISTRICT IV) Attachment: Agenda Report No. II-6.doc Attachment: Waiver of MABCD Special Assessment Fees for 1302 N. Estelle application packet.pdf 7.) BOND AND NOTE SALE. Attachment: Agenda Report No. II-7.doc Attachment: Resolution No. 20-248 Sale of GO Bonds and GO Refunding Bonds.docx Attachment: Resolution No. 20-249 Sale of Water and Sewer Utility Refunding Revenue Bonds.docx Attachment: Resolution No. 20-250 Sale of GO Temp Notes.docx 8.) TRANSFER OF OWNERSHIP; 2502 E. DOUGLAS, WICHITA INDOCHINESE CENTER. (DISTRICT I) Attachment: Agenda Report No. II-8.docx Attachment: Quit Claim Deed - WIC.docx 9) SECOND READING ORDINANCES: a.) Second Reading Ordinances (first read August 11, 2020) Attachment: List of Second Reading Ordinances 08-18-2020.docx Page 7 CITY COUNCIL PROCEEDINGS AUGUST 18, 2020 II) CONSENT PLANNING AGENDA ITEMS 10.) SUB2019-00060 -- PLAT OF SENECA SUBSTATION ADDITION LOCATED ONE- EIGHTH MILE WEST OF SOUTH SENECA STREET, 2000 FEET SOUTH OF WEST PAWNEE AVENUE. (DISTRICT IV) Attachment: Agenda Report No. II-10.docx Attachment: Seneca Substation -support doc -SUB2019 60.pdf II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE

Agenda

AGENDA CITY COUNCIL Tuesday, August 18, 2020 9:00 AM The regular meeting of the City Council will be held on August 18, 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 11, 2020 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. II. CONSENT AGENDA ITEMS 1 THROUGH 10 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 17, 2020. RECOMMENDED ACTION: Receive and file report, approve the contracts and authorize the necessary signatures. City Council Page 2 August 18, 2020 08-17-2020 Board of Bids.pdf IV. UNFINISHED COUNCIL BUSINESS V. NEW COUNCIL BUSINESS 1. 2021 - 2023 Ancillary Employee Benefits Selection. RECOMMENDED ACTION: Accept the recommendations of the Staff Screening and Selection Committee and: 1) approve Delta Dental of Kansas, VSP, The Standard Insurance Company, UNUM and Surency as the providers for dental, vision, basic life, dependent life, basic AD&D, supplemental life, voluntary AD&D, voluntary LTD, and flexible spending administration for plan years 2021-2023; 2) approve the administrative fees/premium rates/benefits, as applicable for each plan; 3) approve the benefit enhancements and deviations as recommended for each plan; 4) approve the rate guarantees for each vendor as recommended and authorize renewal at the guaranteed rates for 2021, 2022, 2023, 2024 and 2025, as applicable; 5) approve the option to renew after three years, with two additional one-year contracts with each vendor offering guaranteed rates for five years, if beneficial to the Plan; and 6) authorize the necessary signatures. Agenda Report No. V-1.docx Ancillary Benefits Agenda Attachments Final.docx 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 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 - NONE 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 City Council Page 3 August 18, 2020 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 1. City Council Policy Regarding Advisory Election Regarding Century II and the Central Public Library RECOMMENDED ACTION: Consider the proposed policy and take appropriate action. Agenda Report No. IX-1.docx CITY COUNCIL POLICY 38 Final 8-18-20 (002).docx X. COUNCIL MEMBER COMMENTS AND APPOINTMENTS 1. Board Appointments. RECOMMENDED ACTION: Approve the appointments. Adjournment 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: RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBS FOR AUG 18.docx 2. Preliminary Estimates: a. List of Preliminary Estimates. RECOMMENDED ACTION: Receive and file. PEsforCC_08-18-20.pdf City Council Page 4 August 18, 2020 b. Preliminary Estimates for Sanitary Sewer to serve R.F. Addition RECOMMENDED ACTION: Receive and File NTBA_SS RF Addition.doc PE COVER SHEET NTBA RF Addition.doc c. Preliminary Estimates for Water Distribution System to serve R.F. Addition RECOMMENDED ACTION: Receive and file. NTBA_WDS RF Addition.doc PE COVER SHEET NTBA RF Addition.doc 3. Petitions for Public Improvements: a. Petitions for Improvements to Serve Broad Street Industrial Park. (District IV) RECOMMENDED ACTION: Approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Agenda Report No. II-3a.doc Supporting Documents.pdf Resolution 20-244 020552.docx Resolution 20-245 020558.docx b. Petitions for Improvements to Serve Courtyards at Brookfield Addition. (District II) RECOMMENDED ACTION: Approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Agenda Report No. II-3b.doc Courtyards.pdf Resolution 20-246 085630.docx resolution 20-247 085631.docx 4. Change Orders: a. Change Order No. 4 for Improvements to Greenwich Road from Harry to Pawnee. (District II) RECOMMENDED ACTION: Approve Change Order No. 4 and authorize the necessary signatures. Agenda Report No. II-4a.docx CO No. 4.pdf Uncategorized Items: 5. Land and Water Conservation Fund Grant and Recreation Trails Program Grant City Council Page 5 August 18, 2020 Applications. RECOMMENDED ACTION: Authorize staff to submit the LWCF and RTP grant applications and authorize the necessary signatures. Agenda Report No. II-5.docx 6. Waiver of MABCD Special Assessment Fees. (District IV) RECOMMENDED ACTION: Waive the $8,056.83 in MABCD special assessment fees. Agenda Report No. II-6.doc Waiver of MABCD Special Assessment Fees for 1302 N. Estelle application packet.pdf 7. Bond and Note Sale. RECOMMENDED ACTION: Adopt the resolutions: 1) authorizing the bonds and temporary notes; 2) authorizing preparation of the Preliminary Official Statements in connection with the bond and note sales; 3) approving the distribution to prospective bidders of the Preliminary Official Statements; 4) authorizing publication and distribution of the Notices of Sale; 5) authorizing the City Manager or his designee to award the bond and note sales subject to the parameters of the resolutions; and 6) authorizing City staff, in consultation with Bond Counsel, to take such further action as is reasonably required to implement the resolutions. Agenda Report No. II-7.doc Resolution No. 20-248 Sale of GO Bonds and GO Refunding Bonds.docx Resolution No. 20-249 Sale of Water and Sewer Utility Refunding Revenue Bonds.docx Resolution No. 20-250 Sale of GO Temp Notes.docx 8. Transfer of Ownership; 2502 E. Douglas, Wichita Indochinese Center. (District I) RECOMMENDED ACTION: Approve the transfer of ownership of 2502 E. Douglas to the Wichita Indochinese Center, Inc., and authorize the necessary signatures. Agenda Report No. II-8.docx Quit Claim Deed - WIC.docx 9. Second Reading Ordinances: a. Second Reading Ordinances (first read August 11, 2020) RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 08-18-2020.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 City Council Page 6 August 18, 2020 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. 10. SUB2019-00060 -- Plat of Seneca Substation Addition Located One-Eighth Mile West of South Seneca Street, 2000 Feet South of West Pawnee Avenue. (District IV) RECOMMENDED ACTION: Approve the documents and plat and authorize the necessary signatures. Agenda Report No. II-10.docx Seneca Substation -support doc -SUB2019 60.pdf 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.