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City Council Meetings

Regular Meeting

Wichita, KS · September 15, 2020

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Minutes

Page 1 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 15, 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. Invocation was given by Pastor Fred Hayes of New Life Church, followed by the Pledge of Allegiance. Approve the minutes of regular meeting on September 8, 2020. Council Member Blubaugh stated we had a lot of confusion at the end of last week's meeting and I'm still trying to understand exactly what was done. Stated reading through the minutes it says that it was a actual redo of the vote and coming from Topeka, the Mayor used the term bill on amendment a lot and bill is not appropriate in or language and asked legal staff if that is correct. Jennifer Magana City Attorney stated that is correct at the City level it is an ordinance. Council Member Blubaugh asked legal staff for clarification on the substitute motion versus amended motion so that we don't get into this again. Jennifer Magana City Attorney stated what we have adopted are limited rules of Roberts Rule of Parliamentary procedure in our ordinance that limits substitute motions to be made directly after an original motion. Stated that is the best time to make a substitute motion. Stated amended motions can be made at any time. Stated there is a subtle difference, an amended motion can serve as a substitute motion. Council Member Blubaugh stated that is what he is trying to understand and asked for the definition of both so that we know what the clear line is, or is there not a clear line? Jennifer Magana City Attorney stated our ordinances really don't have a definition that says when they can be used. Stated a substitute is best to use to change immediately from the original motion to substitute for that, an amended motion can be to clarify, modify or change the meaning of the underlying motion. Stated there is really not a clear definition. Council Member Blubaugh stated he thought last week the discussion was that when it's a substitute motion, the amended motion can't substantially change, it's just an alteration. Page 2 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Jennifer Magana City Attorney stated that is generally the practice and is the way we have looked at things but under the rules that we adopted it can substantially change so there is not really that much limit on what an amendment can do. Mayor Whipple stated the general practice is if you have a motion and the motion can take you this far, which means like a motion to amend the document; a substitute to that motion can also only go that far. Stated the interpretation that the Chair had later after discussing with the parliamentary who agreed was that the vote was just to amend the content of the ordinance but it wasn't to amend the content of the ordinance and to push the ordinance out, therefore the first vote we took amended the language that's inside the order and not the ordinance, which means we then needed to vote to pass out the final language. Stated that is why last week we had one vote that changed the language and then upon reflection realizing that my original motion only took it to amend and a substitute motion should only take it to amend, we still needed a vote to pass it forward. Stated to go back to that which we ended up doing, saves us potential legal problems if it was challenged in court that you never actually passed the bill; you are enforcing an ordinance that wasn't actually passed. Council Member Blubaugh stated there are a few things from last week's meeting that he wants to make sure that we don't get into again, 1) I want to make sure that we all clearly understand what we are voting on; and 2) I want to make sure that once a vote is done that we are seeing how the votes come out and then changing our vote one way or another. Mayor Whipple stated any member can change their vote for any reason that is their prerogative for members to do that. Stated there was no changing of votes last week, it was two separate votes. Council Member Blubaugh asked legal staff for clarification; can we change our votes any time? Jennifer Magana City Attorney stated you can't make a motion to reconsider, this was a slightly different vote and thinks it was within our ordinance. Stated in order to reconsider a motion, then you would have to have a special motion to reconsider and then you could do a different vote, which is not what happened; there is that option for changing. Mayor Whipple stated last week was a trial of endurance so maybe there was a little tougher towards the end for everything to be explained clearly. Stated last week there were two separate votes taken, one was to change the language which allowed Council Member Tuttle's amendment to become part of the ordinance, that motion alone did not actually pass the ordinance so people can vote how they want on the amendment and then the next vote that we went back to vote to pass the ordinance out to make it actual law and needed to be a separate vote. Stated it wasn't an independent motion, it was an amendment to a motion that was already there, the original motion that was amended only went out to changing the language. Council Member Blubaugh asked legal staff if that is correct, the ordinance wouldn't have taken place with the first vote. Jennifer Magana City Attorney stated we don't have a precedent and we don't have clarity or guidance on an amendment of an amendment and thinks it is an appropriate procedural matter to take a vote to amend the ordinance. Mayor Whipple stated it probably should have been a substitute amendment, we are going to clean this up as we go but will always error on the side of taking a vote. Page 3 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on September 8, 2020. Motion carried 7 to 0. Mayor Whipple read aloud the following Proclamations: Indigenous People's Day Constitution Week I) PUBLIC AGENDA 1.) Lisa Finch - Wichita Police Department. (Cancelled September 14, 2020) 2.) Bonnie Biddle - Andrew Finch Bonnie Biddle stated she is here today to ask you to take time to remember Andrew Finch. Stated on the evening of Thursday, December 28, 2017, Andrew was shot on the front porch of his own home as a direct result of a Swatting call without the presence of SWAT. Stated as a friend of the family, she has concerns that she would like answers to. Stated the City of Wichita has kept important information away from the public on this homicide by Officer Justin Rapp. Stated by not having qualified personnel at the scene, is that what caused the events to play out in the horrible way it did; no contact officer, is this the reason for multiple, confusing and conflicting commands on all sides? Stated Andrew Finch committed no crime and was killed by Wichita police officer Justin Rapp within seven seconds of opening his door and stepping just past the threshold at his own residence and unarmed to see what the commotion was that he heard. Stated Officer Rapp knew there were other officers surrounding and giving Andrew commands and testified at the time of the shooting that he could clearly see Mr. Finch's hands. Stated he never saw a weapon or anything that appeared to be a weapon. Stated Rapp admitted it was possible when he fired his weapon that Andrew was merely turning to go back into his residence because he was frightened because of the police response. Stated in November 2019, Officer Rapp stated he thought Mr. Finch was the suspect described; how could there have been a description if it is not located in Marc Bennett's report? Stated why was Officer Rapp able to assume his duty, why does he continue to use a deadly weapon when it was noted that between 2014 and 2017 he was referred to EIS every year, six incidences in six months. Stated in the way our country and gone and all of the police brutality, I ask how the City of Wichita and the Wichita Police Department to stand behind the criminal activity that surrounds this case; how can we each stand behind this and know it is wrong and asked who all was an accessory to this. II) CONSENT AGENDA ITEMS 1 THROUGH 11 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 11 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 September 14, 2020. Attachment: 09-14-2020 Board of Bids.pdf Page 4 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Hannah Lang Finance Department, presented the item. 2.) WAA Report of Board of Bids and Contracts dated September 14, 2020. Attachment: 09-14-2020 Board of Bids WAA.pdf 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.) CHARTER ORDINANCE RELATING TO MUNICIPAL COURT PROCEDURES. Attachment: Agenda Report V-1.docx Attachment: Charter Ordinance No. 237 Sharon Dickgrafe Law Department, presented the item. Council Member Johnson stated in authorizing more staff to deliver the Uniform Criminal complaints, was that based off of the District III pilot to give more people the ability to serve those because that was a benefit in District III. Bob Layton City Manager stated we are following the example that was created in MABCD, when we went through the pilot project, we believe that the private service was effective. Council Member Blubaugh stated it sounds like this is going to make it a little bit easier for folks to do for expungements on some of these lower misdemeanors. Sharon Dickgrafe Law Department stated the processes have not changed, it will incorporate other types of offenses such as the deferred judgments that have been expunge-able, the ordinance just didn't provide for that so it clarifies that deferred judgments would be expunged in the same manner as diversions and would allow for expungements of certain kinds of convictions after the period of time has passed since the person has complied with the terms of the sentence. Stated it clarifies the process as well as the types of convictions that can be expunged in the applicable time limits that the individual has to wait to get this off their record. Council Member Blubaugh asked if this is any more user friendly for the public or is it just more internal. Sharon Dickgrafe Law Department stated it is probably more internal, we have an online packet of information for individuals who want to expunge convictions. Stated those packets will be updated once this is passed. Stated one clarification that the ordinance does make is convictions from Municipal Court that are appealed to District Court, the process on how to get that expunged from both courts is clarified by the changes. Page 5 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 (No public comment) MOTION: Mayor Whipple moved to receive and file the report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. 2.) BOND AND NOTE SALE. Attachment: Agenda Report V-2.doc Attachment: Fall 2020 - Parity info for Council.pdf Attachment: BASICDOCS 2020B.docx Attachment: BASICDOCS 2020C.docx Attachment: BASICDOCS SERIES 825.docx Attachment: BASICDOCS SERIES 826.docx Attachment: BASICDOCS SERIES 964.docx Attachment: BASICDOCS SERIES 2020A.docx Attachment: BASICDOCS-SERIES 302.docx Attachment: BASICDOCS-SERIES 303.docx Mark Manning Department of Finance, presented the item. Council Member Frye asked if this refunding savings we have realized this year on this budget cycle and was it planned for as it relates to our adjusted budget going through the rest of the year. Mark Manning Finance Department stated we do not incorporate any savings from refinancing in our projections. Stated the amount I am telling you is the net present value of the savings over the maturity schedule, we will save about $300,000 over the seven year period. Council Member Frye stated so that will be adjusted in future budgets. Mark Manning Finance Department stated yes. Council Member Clendenin asked if that line can be put together, the before and after to show to show what our debt service that changed and what debt service is going to be because of the savings we realized. Mark Manning Finance Department stated we could do that. Page 6 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Council Member Clendenin stated it would be really good to see how this affects our debt service long- term. Bob Layton City Manager stated we could show the accumulative impact of our refunding during that period of time by category of debt. Council Member Clendenin stated overall our sales today, refunding and the actual bond sales, we have saved based on what we projected, $2.1 million dollars. Bob Layton City Manager stated right but when you consider outstanding debt, it still won't show a lot if you just do it graphically unless you play around with the scale but it is probably more meaningful to show what the impact has been over the last several years. Mayor Whipple stated his understanding is that these are the lowest rates since 2014. Mark Manning Finance Department stated yes at least 2014. (No public comment) MOTION: Mayor Whipple moved to 1) ratify the award of the bids by the City Manager for each series of bonds and notes; 2) adopt the Bond Ordinances on a Declaration of Emergency basis; 3) adopt the Bond and Note Resolutions; and 4) authorize the necessary signatures. Motion carried 7 to 0. Council Member Johnson stated the motion the Mayor made for new business item 1 was to receive and file the report, approve the contracts and authorize the necessary signatures, which would have been for the Board of Bids and not the recommendation of place the ordinance on first reading and authorize all necessary signatures. Mayor Whipple stated you are correct, I made the motion for the previous recommended action and go back to new business item 1 and reopen it and will make the correct motion. CORRECTED MOTION FOR ITEM V-1. MOTION: Mayor Whipple moved to place the ordinance on first reading and authorize all necessary signatures. Motion carried 7 to 0. 3.) LINWOOD BRANCH LIBRARY RELOCATION. (DISTRICT III) Attachment: Agenda Report V-3.doc Attachment: Resolution No. 20-281 Cynthia Berner Director of Libraries presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Claycomb in the chair) Page 7 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 (Council Member Blubaugh momentarily left the bench) Council Member Frye stated on the Adopted capital improvement program you said that about a half a million remains available, do we have an identity for that for what we would use the remainder for. Stated would it be tied to this project or other library master plan. Cynthia Berner Director of Libraries stated we had previously allocated through tenures of the lease half a million and we are asking you to initiate the second half for this project. Bob Layton City Manager stated he wants to recognize that after 35 years of service to our system, Cindy has just made her last presentation to the Council and she told me she wouldn't retire until she could get a library in District 3 and has accomplished that now. Stated she has been an exceptional professional and someone who has been fantastic to work with and has done so much to move the library system forward and today's system is a reflection of her and her efforts and we owe her a great deal of thanks for her work. Council Member Johnson stated he is supportive of this since Linwood would be leaving District 1 and going to District 3 and is excited for that surrounding community to have an opportunity of a library. Stated we have tried to meet with a senior center to show what would be left in that presence but thinks the time we were supposed to meet was our marathon Council Meeting but still wants to have that presentation for them to show but is definitely supportive of this effort. Council Member Clendenin thanked Cindy for all her service to this community and knows it's been a little tumultuous trying to get something done in District 3 with all the players involved and has been nine years in the making. Stated he also wants to recognize Max Cole who I think without his contribution and the extremely favorable lease rate and him putting his money into renovating the project; this would not have happened and thanked his fellow Council Members for their support. Stated we are not abandoning the seniors at Linwood, we will make sure they are well taken care of and Cindy has made a commitment that will happen and will have that meeting. (No public comment) MOTION: Council Member Clendenin moved to approve the project, adopt the bonding resolution, designate the Library Board of Directors to serve as the Naming Advisory Committee for the relocated facility, and authorize the necessary signatures. Motion carried 7 to 0. 4.) POLICE RADIO REPLACEMENTS. Attachment: Agenda Report V-4.doc Attachment: Resolution No. 20-282 Officer Dan East WPD presented the item. Council Member Frye asked if all officers receive radios including reserve officers. Officer East stated yes. Page 8 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Council Member Frye stated they are all getting this equipment, we are replacing some that are out of date; did we put this out for bid or is it just a single source provider that we just keep reordering from. Officer East stated the radios are single source. Council Member Frye stated so there is no opportunity to work the bid and to hopefully get a better deal. Stated he is concerned because it is sole sourcing, is it just because that is the manufacturer that is the only provider. Officer East stated yes and we are trying to keep consistent with the radios that we have purchased in 2017, 2018 and 2019. Stated it is a compatibility and is also a similar use with the radios. Hannah Lang Finance Department stated we piggyback off of the state of Kansas contracts so they actually go out for bid for these portable radios, it was a procurement bid that was done through the state. Council Member Johnson stated I know why these radios are necessary but for anybody watching asked staff to explain in more detail the importance and significance because everyone is always watching the Police budget. Officer East stated radios are our lifeline with the 911 communications is how we get dispatched to calls. Stated if we don't have technology or radios that work, we can miss out on critical pieces of information. Stated it is dispatch's way to communicate with us and our way to communicate with dispatch and our way to communicate with other officers. Council Member Frye stated to be clear with his line of questioning and asking if all reserve officers get them; understands the need for this lifeline and piece of equipment but also thinks there is another piece of equipment that all reserve officers and officers should have and that is the body cameras. Stated I know we have been funding this over the years, we just recently added SWAT and detectives would like to have body cameras but we have reserve officers that don't have body cameras. Stated as much as we are putting the importance on the radios, thinks we also need to start making sure that we start including body cameras for all officers. Council Member Blubaugh asked how many reserve officers we have and how often we use them. Officer East stated I don't have the exact number of reserve officers but knows we have been working to improve those numbers and have also been looking at body worn cameras. Stated we use reserve officers like an auxiliary where they can help with different community projects and different events throughout the City; there is a multitude of things they can help us with. Council Member Frye stated this is not a surprise to Chief Ramsay, he and I have had this discussion and according to him we have anywhere from 11 to 14, they are not all on shift at the same time and doesn't know if we need 11 or 14 immediately but at least start having a stock for when they are on shift they can use them. Stated we have demonstrated the importance of having the body cameras and it is not a lot of money and thinks we need to figure out a plan to make sure we are protecting all of our officers as much as possible. (No public comment) Page 9 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 MOTION: Mayor Whipple moved to approve the budget, adopt the resolution and authorize the necessary signatures Motion carried 7 to 0. 5.) 2021 GROUP HEALTH, VISION AND DENTAL INSURANCE PREMIUMS. Attachment: Agenda Report V-5.docx Verl Niedens Finance Department, presented the item. Council Member Tuttle stated during agenda review on Friday I saw that there could be a potential conflict of interest but the City Manager pointed out and after reviewing the packet more thoroughly, I understand that there is no conflict of interest for me and I will be voting on this. (No public comment) MOTION: Mayor Whipple moved to accept the recommendations of the City’s benefit consultant, staff and HIAC and (1) approve the 2021 group health premiums for the Premium PPO, Select PPO and Vision Plans; (2) approve the 2021 premiums for the Traditional and Preferred dental plans; (3) approve continuation of the current wellness program with incentive rewards to remain flat at 2020 levels. Motion carried 7 to 0. 6.) CDBG AND CSBG FUNDING ALLOCATIONS; EXPANDED INTERNET SERVICE FOR HCSD CLIENTS WITH SCHOOL AGE CHILDREN. Attachment: Agenda Report V-6.docx Sally Stang Director of Housing and Community Services, presented the item. Council Member Blubaugh asked what the average bill would be per household. Sally Stang Director of Housing and Community Services stated it is $9.95 a month with no additional fees for equipment. Council Member Blubaugh stated he understands that you have to be a citizen of Wichita and be within our public housing but do they have to go to Wichita schools? Sally Stang Director of Housing and Community Services stated no they qualify by participating in the Federal Housing Assistance Program, they could also qualify for lower-income lunch programs, and there are other students outside that live within our programs and can apply to Cox for the Connect to Compete Program and only pay $9.95 a month. Council Member Blubaugh asked if we would be using CDBG funds for that because I thought that all the lunches were paid for through the end of the year. Sally Stang Director of Housing and Community Services stated no that is just what would qualify them for the low-income rates through Cox. Stated right now we are just looking to subsidize even the $9.95 per month for those families that are living in subsidized housing. Page 10 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Vice Mayor Claycomb stated I think this is a fabulous program. Stated I know we have connections with these families but how are we going to make sure that they all are very aware of this opportunity. Sally Stang Director of Housing and Community Services stated we will be rallying the troops this afternoon to get the message out to all of our families that would qualify once we can verify their addresses of which households we will be subsidizing, Cox will provide a portal for people to apply directly so that we can get this launched as fast as we can. Stated we are also working with IT. Stated one of our concerns is that the Federal Privacy Act requires that we have the family's permission before we release their name and address to Cox so that is going to be our first step. Public comment: 1) Terrell Davis Executive Director of Public Affairs and Special Projects for the Wichita Public Schools stated we are so thankful to be in partnership with you on this effort, if passed we believe it is a game changer for our students and families and allows us to decrease the homeward divide that exists with our kids and with our families and gives them better access to quality education. Stated we will provide those families that are doing remote learning with a computer or iPad and by providing internet from the City, we believe this is going to make a better situation for our families and thank you for working with us on this effort. MOTION: Mayor Whipple moved to approve the CDBG-CARES and CSBG-CARES funding allocations and authorize the necessary signatures. 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 Mayor Whipple reappointed the following to the Tourism Business Improvement District Board: Jennifer Finlay, Michelle Stein, Cathy Erickson, Jim Faith, Mike Aaron and Scott Ragatz. Page 11 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Council Member Clendenin appointed Jared Curello to the Transit Advisory Board. Vice Mayor Claycomb reappointed Bill Longnecker to the Community Services Block Grant Review Committee. Council Member Johnson appointed Joseph Tex Dozier to DAB 1. Council Member Blubaugh stated he does not know all of the names on the TBID but wants to verify that they are all hoteliers. Bob Layton City Manager stated I believe they are associated with the hospitality industry but doesn't know if they are all hoteliers and would have to go back and look. Council Member Blubaugh stated I thought we had some requirements on that. Bob Layton City Manager stated these are all reappointments. Council Member Blubaugh stated so they have already served. Bob Layton City Manager stated yes. Mayor Whipple stated these are all reappointments and vet these appointments and talk to folks and I just don't reappoint them and I am aware of the necessary requirements and they do meet the requirements to be on the TBID. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Council Member Johnson stated I want to remind everyone today from 12:30 to 3:00 p.m. at St. Mark campus there is an opportunity to get free produce. Stated Pastor Brandon Pierce is bringing another truckload of nearly 25,000 pounds of produce and it is a touch-less service. RECESS - EXECUTIVE SESSION (Council Member Frye momentarily left the bench) MOTION: Mayor Whipple moved to recess into Executive Session for 30 minutes to receive information on an offer 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 legal advice. The Executive Session is required to: protect attorney-client privilege and the public interest. The Executive Session will begin at 10:30 a.m. and end at 11:00 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0, (Absent: Frye). Page 12 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 RECONVENE The Council reconvened in the Council Chambers at 10:57 a.m. Mayor Whipple requested to extend the Executive Session to 11:15 a.m. MOTION: Mayor Whipple moved to extend the Executive Session until 11:15 a.m. Motion carried 4 to 0, (Absent: Tuttle, Blubaugh and Johnson). RECONVENE The City Council reconvened at 11:15 a.m. in the City Council Chambers. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 6 to 0, (Absent: Frye). The meeting was adjourned at 11:16 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk Page 13 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 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 SEPT 15.docx 2) Agreements/Contracts: a.) Waste Water Treatment Plant 2 Final Clarifier Replacement. Attachment: Agenda Report II-2a.doc Attachment: contract.pdf b.) Funding and Supplemental Design Agreement No. 3 for Improvements to Pawnee Avenue from Webb Road to Greenwich Road. (District II) Attachment: Agenda Report II-2b Attachment: agreement.pdf Attachment: Resolution 20-283 85434.docx Attachment: Resolution 20-284.docx 3) Design Services Agreements: a.) Design Services Agreement for Estancia Addition. (District II) Attachment: Agenda Report II-3a.docx Attachment: DSA Estancia.pdf UNCATEGORIZED ITEMS: 4.) Wichita Transit Grant with the Kansas Department of Transportation. Attachment: Agenda Report II-4.doc Attachment: KDOT Agreement for State Operating Assistance Funds.pdf 5.) United States Alcohol, Tobacco, Firearms and Explosives (ATF) Task Force Overtime. Attachment: Agenda Report II-5.docx Page 14 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 Attachment: ATF MOU - fully signed.pdf 5a.) Coronavirus Aid, Relief and Economic Security (CARES) Act Subrecipient Grant Agreement and Related Documents Attachment: Agenda Report No. II-5a Attachment: Subrecipient Grant Agreement.pdf 6) Second Reading Ordinances: a.) Second Reading Ordinances (first read September 8, 2020) Attachment: List of Second Reading Ordinances 09-15-2020.docx II) CONSENT PLANNING AGENDA ITEMS 7.) DER2020-00001: Amendments to Article 8-103(D)(4) and Article 8-105(B) of the Wichita- Sedgwick County Subdivision Regulations Pertaining to Safe Yield Analysis and the Term of Special Assessment Petitions. Attachment: Agenda Report II-7.docx Attachment: Resolution County Attachment: DER2020 01 -Excerpt MAPC Minutes.docx Attachment: DER2020 01 -Proposed SubD Reg Amendments -Delineated.docx Attachment: Ordinance 51-350 8.) SUB2020-00015 -- Plat of Northgate 4th Addition Located One-Quarter Mile North of West 53rd Street North, on the West Side of North Meridian Avenue. (District VI) Attachment: Agenda Report II-8.docx Attachment: Supporting Documents 9.) SUB2020-00024 -- Plat of Dugan West Kellogg Commercial 2nd Addition Located on the South Side of West Kellogg Drive, One-Quarter Mile East of South 135th Street West. (District IV) Attachment: Agenda Report II-9.docx Attachment: Supporting Documents II) CONSENT HOUSING AGENDA ITEMS - NONE Page 15 CITY COUNCIL PROCEEDINGS SEPTEMBER 15, 2020 II) CONSENT AIRPORT AGENDA ITEMS 10.) Martens Commercial Group LLC, d/b/a NAI Martens, Supplemental Agreement No. 1, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report II-10.doc Attachment: Martens SA No 1.pdf 11.) Worldwide Flight Services, Inc., Supplemental Agreement No. 2, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report II-11.doc Attachment: WFS SA NO 2_083120.pdf

Agenda

AGENDA CITY COUNCIL Tuesday, September 15, 2020 9:00 AM The regular meeting of the City Council will be held on September 15, 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 September 8, 2020. Proclamation Indigenous People's Day Constitution Week 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. Lisa Finch - Wichita Police Department. (Cancelled September 14, 2020) 2. Bonnie Biddle - Andrew Finch II. CONSENT AGENDA ITEMS 1 THROUGH 11 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 City Council Page 2 September 15, 2020 “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 September 14, 2020. RECOMMENDED ACTION: Receive and file report, approve the contracts and authorize the necessary signatures. 09-14-2020 Board of Bids.pdf 2. WAA Report of Board of Bids and Contracts dated September 14, 2020. RECOMMENDED ACTION: Receive and file report, approve the contracts and authorize the necessary signatures. 09-14-2020 Board of Bids WAA.pdf IV. UNFINISHED COUNCIL BUSINESS - NONE V. NEW COUNCIL BUSINESS 1. Charter Ordinance Relating to Municipal Court Procedures RECOMMENDED ACTION: It is recommended that the City Council place the ordinance on first reading and authorize all necessary signatures. Agenda Report V-1.docx Charter Ordinance No. 237 2. Bond and Note Sale. RECOMMENDED ACTION: 1) Ratify the award of the bids by the City Manager for each series of bonds and notes; 2) adopt the Bond Ordinances on a Declaration of Emergency basis; 3) adopt the Bond and Note Resolutions; and 4) authorize the necessary signatures. Agenda Report V-2.doc Fall 2020 - Parity info for Council.pdf BASICDOCS 2020B.docx BASICDOCS 2020C.docx BASICDOCS SERIES 825.docx BASICDOCS SERIES 826.docx BASICDOCS SERIES 964.docx BASICDOCS SERIES 2020A.docx City Council Page 3 September 15, 2020 BASICDOCS-SERIES 302.docx BASICDOCS-SERIES 303.docx 3. Linwood Branch Library Relocation. (District III) RECOMMENDED ACTION: Approve the project, adopt the bonding resolution, designate the Library Board of Directors to serve as the Naming Advisory Committee for the relocated facility, and authorize the necessary signatures. Agenda Report V-3.doc Resolution No. 20-281 4. Police Radio Replacements. RECOMMENDED ACTION: Approve the budget, adopt the resolution and authorize the necessary signatures Agenda Report V-4.doc Resolution No. 20-282 5. 2021 Group Health, Vision and Dental Insurance Premiums. RECOMMENDED ACTION: It is recommended that the City Council accept the recommendations of the City’s benefit consultant, staff and HIAC and (1) approve the 2021 group health premiums for the Premium PPO, Select PPO and Vision Plans; (2) approve the 2021 premiums for the Traditional and Preferred dental plans; (3) approve continuation of the current wellness program with incentive rewards to remain flat at 2020 levels. Agenda Report V-5.docx 6. CDBG and CSBG Funding Allocations; Expanded Internet Service for HCSD Clients with School Age Children RECOMMENDED ACTION: Approve the CDBG-CARES and CSBG-CARES funding allocations and authorize the necessary signatures. Agenda Report V-6.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 City Council Page 4 September 15, 2020 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 Board Appointments. RECOMMENDED ACTION: Approve the appointments. Adjournment ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 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 SEPT 15.docx 2. Agreements/Contracts: a. Waste Water Treatment Plant 2 Final Clarifier Replacement. RECOMMENDED ACTION: Approve the contract and authorize the necessary City Council Page 5 September 15, 2020 signatures. Agenda Report II-2a.doc contract.pdf b. Funding and Supplemental Design Agreement No. 3 for Improvements to Pawnee Avenue from Webb Road to Greenwich Road. (District II) RECOMMENDED ACTION: Adopt the resolution, approve the revised budget, and approve Supplemental Design Agreement No. 3.and authorize the necessary signatures. Agenda Report II-2b agreement.pdf Resolution 20-283 85434.docx Resolution 20-284.docx 3. Design Services Agreements: a. Design Services Agreement for Estancia Addition. (District II) RECOMMENDED ACTION: Approve the design agreement and authorize the necessary signatures. Agenda Report II-3a.docx DSA Estancia.pdf Uncategorized Items: 4. Wichita Transit Grant with the Kansas Department of Transportation. RECOMMENDED ACTION: Approve the KDOT grant and authorize the Mayor to execute the agreement. Agenda Report II-4.doc KDOT Agreement for State Operating Assistance Funds.pdf 5. United States Alcohol, Tobacco, Firearms and Explosives (ATF) Task Force Overtime. RECOMMENDED ACTION: Approve the Wichita Police Department (WPD) participation in the United States Alcohol, Tobacco, Firearms and Explosives (ATF) Task Force. Agenda Report II-5.docx ATF MOU - fully signed.pdf 5a. Coronavirus Aid, Relief and Economic Security (CARES) Act Subrecipient Grant Agreement and Related Documents RECOMMENDED ACTION: Approve the Subrecipient Grant Agreement and related City Council Page 6 September 15, 2020 documents, and authorize necessary signatures on the Subrecipient Grant Agreement and any other required documents. Agenda Report No. II-5a Subrecipient Grant Agreement.pdf 6. Second Reading Ordinances: a. Second Reading Ordinances (first read September 8, 2020) RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 09-15-2020.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. 7. DER2020-00001: Amendments to Article 8-103(D)(4) and Article 8-105(B) of the Wichita-Sedgwick County Subdivision Regulations Pertaining to Safe Yield Analysis and the Term of Special Assessment Petitions. RECOMMENDED ACTION: Approve the amendments to the Wichita-Sedgwick County Subdivision Regulations and place the Ordinance on first reading. Agenda Report II-7.docx Resolution County DER2020 01 -Excerpt MAPC Minutes.docx DER2020 01 -Proposed SubD Reg Amendments -Delineated.docx Ordinance 51-350 8. SUB2020-00015 -- Plat of Northgate 4th Addition Located One-Quarter Mile North of West 53rd Street North, on the West Side of North Meridian Avenue. (District VI) RECOMMENDED ACTION: Approve the documents and plat and authorize the necessary signatures. Agenda Report II-8.docx Supporting Documents 9. SUB2020-00024 -- Plat of Dugan West Kellogg Commercial 2nd Addition Located on the South Side of West Kellogg Drive, One-Quarter Mile East of South 135th Street West. (District IV) RECOMMENDED ACTION: Approve the documents and plat and authorize the necessary signatures. City Council Page 7 September 15, 2020 Agenda Report II-9.docx Supporting Documents 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. 10. Martens Commercial Group LLC, d/b/a NAI Martens, Supplemental Agreement No. 1, Wichita Dwight D. Eisenhower National Airport. RECOMMENDED ACTION: Approve the supplemental agreement, authorize the payment of the commission, and authorize the necessary signatures. Agenda Report II-10.doc Martens SA No 1.pdf 11. Worldwide Flight Services, Inc., Supplemental Agreement No. 2, Wichita Dwight D. Eisenhower National Airport. RECOMMENDED ACTION: Approve the supplemental agreement and authorize the necessary signatures. Agenda Report II-11.doc WFS SA NO 2_083120.pdf