City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 6, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Bryan Frye, Becky Tuttle, Jeff Blubaugh, James Clendenin. Absent: Cindy Claycomb 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. Approve the minutes of regular meeting on September 22, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on September 22, 2020. Motion carried 5 to 0, (Absent: Claycomb and Johnson). Mayor Whipple read aloud the following Proclamations: Financial Literacy Month Walktober ***Council Member Johnson arrived at 9:05 a.m. and took his seat at the bench*** Award - ICMA Mayor Whipple read aloud the ICMA award. Bob Layton City Manager stated he wants to recognize the work of Elizabeth Goltry Wadle and the staff in the Budget Department as well as Mark Manning, Interim Finance Director. Stated the performance measurement systems has become more advanced every year that we progress through it and the data that was supplied by that hopefully cements it as we are struggling with our budget problems this year. I) PUBLIC AGENDA 1.) Andrew Crane - Issues in the Blind Community. (NO SHOW)  Page 2 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 II) CONSENT AGENDA ITEMS 1 THROUGH 13 Council Member Frye stated he would like to point out that there are two items on the consent agenda that are not normally on our consent agenda. Stated one is something that the Mayor, Council Member Blubaugh and himself worked on which is the Visit Wichita Transparency reports and the second is the Annual Report for Stryker, which when we approved that a year and a half ago, the Council asked that it come back for the annual performance reviews. Stated even though the COVID struggle has affected them, they have done pretty well. MOTION: Mayor Whipple moved to approve Consent agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion carried 6 to 0, (Absent: Claycomb). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated October 5, 2020. Attachment: 10-05-2020 Board of Bids.pdf Hannah Lang Purchasing Department, presented the October 5, 2020 Board of Bids. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS, CRESTVIEW RESIDENCES, LLC. (DISTRICT II) Attachment: Agenda Report No. V-1.doc Attachment: Verandas at Crestview - Amended Documents 9.28.20.pdf Attachment: Resolution of Intent.docx Tim Goodpasture, Office of Economic Development, presented the item. (No public comments)  Page 3 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 MOTION: Mayor Whipple moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 2.) PUBLIC HEARING AND REQUEST FOR LETTER OF INTENT FOR HEALTHCARE FACILITIES REVENUE BONDS, LARKSFIELD PLACE. (DISTRICT II) Attachment: Agenda Report No. V-2.doc Attachment: Larksfield IRB Application 2020.PDF Attachment: Resolution of Intent (2).docx Tim Goodpasture Office of Economic Development, presented the item. Council Member Tuttle stated she would like to thank those who are interested in investing in our communities during this very challenging time. Stated it is great to see that there is still expansion and big things happening. (No public comment) MOTION: Council Member Tuttle moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 3.) RESOLUTION SETTING A PUBLIC HEARING FOR CONSIDERATION OF A PROJECT PLAN, TAX INCREMENT FINANCING FOR RIVERSIDE INFRASTRUCTURE PROJECT PLAN. (DISTRICT VI) Attachment: Agenda_Report_No._V-3.docx Attachment: Resolution 20-306.docx Attachment: Project Plan Riverside TIF 8-21-20 (1).pdf Mark Elder Office of Economic Development, presented the item. Bob Layton City Manager stated there is statement in the report that might be a little misleading, which has to do with ownership of the property. Stated the parcel that will have the private development was not purchased from the City but there are City parcels that are involved in this and asked staff to clarify that. Mark Elder Office of Economic Development stated the area that is being developed was purchased privately by the developer. Stated there was a transaction that occurred with the City and the developer to make that more of a developable site and provide a well equal amount of land to the north. Council Member Blubaugh asked where the 90 acres come into effect.  Page 4 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Mark Elder Office of Economic Development stated it is a rough calculation of the entire area including down by the river. Council Member Blubaugh asked if the 90 acres is a combination of the public land and this private development. Mark Elder Office of Economic Development stated correct. (No public comment) MOTION: Mayor Whipple moved to adopt the resolution setting a public hearing on November 10, 2020, for consideration of the Riverside Infrastructure Project Plan and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 4.) ASSIGNMENT OF DEVELOPMENT AGREEMENT AND GUARANTY AGREEMENT, RIVER VISTA, LLC. (DISTRICT VI) Attachment: Agenda_Report_No._V-4.docx Attachment: Guaranty Agreement 2020.docx Attachment: Resolution 20-307.docx Attachment: Piper Sandler Memorandum Mark Elder Office of Economic Development, presented the item. Mayor Whipple stated we are going from a personal guaranty to a corporate guaranty; do we know who owns or who is behind the Maxus Realty Trust. Mark Elder Office of Economic Development stated he doesn't know the complete ownership but it is a majority owned by an individual in Tennessee but Maxus is also a public insured company. Mayor Whipple stated we do know the individual who owns the majority but the other part of the company is publicly shared. Mark Elder Office of Economic Development stated yes information on Maxus is publicly available, Piper Sandler provided that memo. Mayor Whipple asked if in the memo it says who the owners are. Mark Elder Office of Economic Development stated he does not recall if it does but he can provide that information. Bob Layton City Manager stated he believes our financial consultant uses the same standards that we use when we took the personal guarantees and that is to ensure that Maxus has the assets available for payment or of the guaranty should there be a default or not sufficient funds to be able to pay the debt and  Page 5 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 that is what the Council's policy on vetting is requiring that there is a proof of assets and that is what we have verified through our financial consultant. Mayor Whipple stated he is not sure if it common for us to know the owners of the corporation, is that in the memo or is that usually not disclosed. Bob Layton City Manager stated since it is a publicly traded company, that is public information and we can provide that to the Council. (No public comment) MOTION: Mayor Whipple moved to adopt the resolution, which approves the assignment of the Development Agreement and terminates the Existing Guaranty upon execution and delivery of the Guaranty Agreement by Maxus and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 5.) PARKING AGREEMENT AND PARKING ADDENDUM FOR CITY-OWNED PARKING SPACES IN THE SURFACE PARKING LOT AT 200 SOUTH BROADWAY. (DISTRICT I) Attachment: Agenda_Report_No._V-5 (1).doc Attachment: Parking Agreement.pdf Attachment: Parking Addendum Signed.pdf Scot Rigby Assistant City Manager, presented the item. (No public comment) MOTION: Council Member Johnson moved to approve the parking lease agreement and parking addendum and authorize all necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 6.) ECONOMIC DEVELOPMENT GUIDELINES UPDATE. Attachment: Agenda Report No. V-6.docx Attachment: Sedgwick County - City of Wichita Economic Development Guidelines 9-29-2.docx Scot Rigby Assistant City Manager, presented the item. (Mayor Whipple momentarily left the bench) Council Member Blubaugh asked staff to clarify his conversation going into the origination fee on the land bank so that he can better understand.  Page 6 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Scot Rigby Assistant City Manager stated the Council had said in our retreat back in the spring, to explore this idea about origination fees and we discussed what potential revenue it would generate and thinks with two to three CIDs a year we would probably generate probably $20 to $30,000 a year and what we would use that for. Stated there have been discussions about fixing sidewalks or streets and as we talked to the incentive and land bank subcommittees and talked internally, that do we take a shot gun approach that every time we consider one of these things we do one project over here and one project over here, which is kind of haphazard or do we look at a more focused application for those revenues. Stated that is where the land bank and incentive subcommittee and internal staff is saying, to focus that on one particular project such as the land bank so that we have a better impact versus one off type of projects. Council Member Blubaugh stated you are saying if a retail business went on the land bank; how did you collect the CID? Bob Layton City Manager stated you would be collecting the CID from the property that could be a retail development inside that zone, however, under this provision with the origination fee, those funds would be used then outside of the zone to acquire land in the core through the land bank. Scot Rigby continued with his presentation. Council Member Frye asked staff if he is saying that land acquisition is ineligible as it sits under our current policy. Scot Rigby Assistant City Manager stated it is but in practice and generally the feedback from Council has been no. Stated we want to re-state that the state code does allow it and that it is ineligible. Stated instead of haphazardly saying we do or do not, we say it is eligible, you have to submit your justification and Council can decide whether or not to approve it. Stated we are saying it is a valuable tool and we don't want to turn off potential new investments simply because we put in our code that it is not an eligible expense. Council Member Frye stated under the state code, vertical construction is not eligible and in order to change that we would have to go to the state laws to get that change. Joe Norton, City's Bond Counsel stated generally speaking, vertical construction that is not governmentally owned, is not eligible for TIF financing, however, there are some exceptions and the one we see most often is multi-story parking facilities, even though they may be privately owned, they can be TIF financed. Stated generally speaking you are correct. Scot Rigby continued with his presentation. Council Member Clendenin stated on the origination fee, knowing that if you move outside the district it is something that helps us make community improvements, which is a good thing; asked how and when it is collected. Scot Rigby Assistant City Manager stated under our current process we retain our 10% that is generated on the actual CID. Stated the origination fee is different. Stated it is an upfront negotiated fee between the City and the developer. Stated the developer than has the opportunity to either pay it a onetime up front or pay it over those 20 years so every year they would be assessed every year for 20 years.  Page 7 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Council Member Clendenin state he doesn't want to stifle anybody from doing a project because they have to pay up front. Scot Rigby Assistant City Manager stated it is their choice. Council Member Clendenin asked if the origination fee have to be designated for something before or are we banking that. Scot Rigby Assistant City Manager stated our recommendation is to focus those dollars on one particular use and in this case we are recommending land bank. Council Member Clendenin stated if we found that those dollars could be used somewhere else, are we flexible to do that. Bob Layton City Manager stated these are guidelines and the Council is free to take final action depending on circumstances, however, in order to really maximize the impact of the use of these dollars, it is important that we zero in on a specific use. Stated if you approve the creation of the land bank, then we think it is consistent with what you have done with the Places for People Plan and the focus on the redevelopment of the core area. Council Member Clendenin stated he is in full agreement but just knowing if there is an insinuating circumstance, that the Council could take action and place funds somewhere else if something happens and it’s an emergency. Council Member Johnson stated he would like to see if we could modify the redevelopment area at the northern part of 21st Street. Stated he would like to see that expanded down Hillside, up to 27th Street, which would take in more of the neighborhood and stop at Dr. Glenn Dye Park. Scot Rigby Assistant City Manager stated he is happy to do that if that is what the Council desires. Council Member Johnson stated that is an area that he has heard quite a bit from because it was left out of potential opportunity zones. Stated we have a redevelopment area right now that has a lot of vacant homes that the neighborhood association presidents are concerned about. Stated if we could redevelopment there, that would be a huge benefit. Bob Layton City Manager stated if you would provide those boundaries that would be great. Stated we need to look at the criteria that was used by the Council to create the original development areas as well as the opportunity zones and determine whether or not the area that you are talking about would meet that original criteria. Stated the Council is free to add to it but that is what the basis for this map is because it is a previous action taken by the Council with a lot of deliberation and hearings on the original redevelopment areas. Council Member Blubaugh stated echoing Council Member's request; he doesn't know when we had that discussion but would like to have it again because he is looking at this and is trying to figure out why we are leaving out the McCormick neighborhood. Stated he thinks it should be in both the redevelopment and façade as well, so maybe we need to have that discussion before we make this final to make sure we are including some of these neighborhoods that really need it. Bob Layton City Manager stated he would urge you to try to adopt the plan today as it is so we can move  Page 8 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 forward and get it over to the county but would like to then look at the areas. Stated if other areas are presented by Council Members, we can take all of that at one time, look at the original redevelopment criteria. Stated he doesn't want to misrepresent, those areas were done before he was here, which is probably 15 years since we looked at the redevelopment area boundaries. Stated let's go ahead and take a look at those areas but wants to make sure we are clear about the criteria before adding areas and would like to engage the Council in that discussion and maybe go to a workshop. Council Member Blubaugh stated that is a great suggestion because it has been 15 years and Delano has taken off now and some of these other areas aren't so it is time to focus on some of the other areas that have remained stagnant. Mayor Whipple stated we could amend this plan after adoption, there is nothing locking us in if we want to make adjustments. Scot Rigby Assistant City Manager stated that is correct. Council Member Tuttle stated she was going to ask what the process is to amend this and if we could get annual updates or revisit it again annually because it is one of the most important things we can do in our community. Bob Layton City Manager stated there is a reason why this took so long. Stated we started off with some revisions we felt were necessary but we engaged the partnership pretty extensively in the business community about what we do to address their needs to encourage development. Stated he wants to thank Council Members Blubaugh and Frye who worked with them because there was some serious policy issues that came up from the private sector and they provided guidance through the process and determined what probably was feasible and what wouldn't be. Stated we were in discussions for over a year to get to this point. Stated with what we are going through right now with the economic downturn, the timing of this document is extremely important because we are now opening opportunities for small business and companies that wouldn't have been able to benefit under our old policies and thinks if anything, you see a little more bias towards those small businesses that are struggling right now and because of the criteria that you are considering, will be able to maybe move forward in a positive manner over the next several months as we go forward. Mayor Whipple asked when the last time we revisited this plan was. Bob Layton City Manager stated 2012. Mayor Whipple asked if there is a way that we can revisit this plan once a year or perhaps once every six months with our business partners particularly if we are going to be focusing a lot on small businesses. Stated there might be changes that we can be more agile with as far as policy that could help us be more purposeful as the economy rebounds. Stated given our current situation we are going to see a lot of changes as the economy moves forward with people working from home and the emergence of Zoom. Bob Layton City Manager stated Council Member Tuttle had suggested an annual review and would like to then have that freedom to bring possible revisions to you if we find that there is something in this policy that that there is an impediment or tweak that we can make that would help us as we move forward in coming out during the economic recovery.  Page 9 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Council Member Johnson stated what the City Manager just said really excites him about the potential help to our smaller businesses but to follow up on Council Member Tuttle, when we have our workshop can we look at building a matrix to evaluate the entire redevelopment area and look at new home creation and maybe new business creation to see how those areas are actually developing. Bob Layton City Manager stated you are probably going to show it in both directions where there has been a deterioration of property and property values. Public comment: 1) Andrew Nave Greater Wichita Partnership stated we want to thank the Council and staff for allowing us to provide input and feedback in this process. Stated we know it was a long process but we appreciated providing some insight and data from around the country and from participants who have utilized some of the tools in the past. Stated we very much encourage your affirmative support of this. Council Member Frye stated there is a lot to impact here and it has obviously been necessary to review this after eight years of working with the existing policy. Stated there are some very good things in here that will hopefully keep us continuously moving forward. Stated we mentioned the opportunity for small businesses and being able to get in the game and having that opportunity is important and we are going to see our greatest growth from small businesses as they scale up. Stated if we can help our small businesses and smaller manufacturers scale up, this policy will certainly help that. Stated it is important to also recognize that we are leveraging a lot of other considerations including the state and federal incentives, which is not something we have done before and allows more people, organizations and entities to put investment into Wichita. Stated the speculative office component, we have had great success so far with the industrial space and this hopefully will follow that trend, we know it is a necessary thing to have in our community, which we have not had a lot of new Class A office space in a long time. Stated he still has heart burn over CIDs, but thinks this is more palpable and allows us some different ways to be flexible with the dollars and help areas that really need it, which is what CIDs were supposed to do and this can help us do that. Council Member Clendenin stated he was here in 2012 when we were doing this and we were talking with GWEDC at the time about what changes needed to be made and a lot of downtown changes and how we incentivized downtown because of some unfortunate things in the City's history that had happened. Stated as we moved to dissolving GWEDC and then forming the partnership; thinks these talks started even back then on how are we going to do things differently. Stated we made our own internal changes about cash and about unforgivable loans and outdated ways of doing things for us because we were trying to go toe to toe with some of the big boys such as Dallas. Stated he is appreciative of this because this is Wichita's way of doing it and attacking economic development and thinks it is going to be very effective especially because it is so flexible and the conversation has been had for a long time as to why are we ignoring small businesses. Stated he is pleased that this has the potential for increasing investment in areas of town that are declining. Stated we have lacked a lot of tools to make that happen such as the South Broadway Corridors and need state help too to try and make that happen. Stated this gets us on our way. Mayor Whipple stated he echoes the words from the Council Members on how the focus on small businesses is very timely right now. Stated we know that nationally, 31% of small businesses have been rendered non-operational due to COVID and as we rebound from this pandemic, having a strong policy that we ensure small businesses are going to be essential to our economic recovery. Stated small businesses create 1.5 million jobs a year nationally and 40% of Americans either work for or own a small  Page 10 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 business and is glad that our policy is going to have a focus on not only a trend but really a new reality with moving forward as we rebound. MOTION: Mayor Whipple moved to approve the 2020 Economic Development Guidelines. Motion carried 6 to 0, (Absent: Claycomb). 7.) AGREEMENT AND FUNDING FOR TRAFFIC SIGNAL AND OVERHEAD SIGN STRUCTURES INSPECTION. (PULLED PER CITY MANAGER) 8.) CARES ACT FUNDING ALLOCATIONS. Attachment: Agenda Report No. V-8.doc Sally Stang Director of Housing and Community Services, presented the item. (Council Member Blubaugh momentarily left the bench) Council Member Tuttle asked how did we determined what was the process of what organizations would receive the funding. Sally Stang Director of Housing and Community Services stated the Domestic Violence and the Youth Crime Prevention programs have been selected by the Grants Review Committee for our regular annual 2020-2021 allocations. Stated so we reached out to those because they were already recipients of the grant agreements to determine what their need was. Council Member Tuttle stated she cannot thank Sally and her team enough for doing this and knows you are extremely busy with what you do and then you add COVID to it and now the exceptionally challenging job of allocating funding. Stated thank you for being so responsible and diligent in this process and reaching out to our community partners so that we can all work together and the Food Box program warms her heart and plans to reach out to Blue Cross and Blue Shield of Kansas and let them know that their seed money is creating something that we are going to be able to sustain for a little while longer. Stated Sally is a 21st Century Housing Director and we are very lucky to have you on our team. Council Member Frye stated a question regarding the Homeless Prevention activities, the $200,000. Stated you state that you anticipate the demand for the funding because the Center for Disease Control Eviction Moratorium is set to expire; is there any chance that that doesn't expire and if so, then what happens to those funds. Sally Stang Director of Housing and Community Services stated we could look to reallocate those funds to another source but at some point it is going to stop and we need to be prepared for that. Stated in the meantime we are evaluating other resources. Stated we have been notified of an additional allocation of CDBG CARES funding and we can't move that forward for an amendment to consolidated plan because HUD still is working on the last allocation. Stated part of that is why we issued the Landlord Impact survey, so we are trying to get a much better idea of the breadth of the issue and where it is located to be able to target resources. Stated if we use CDBG funding, they don't have that eviction requirement, the person just has to income qualify for rental assistance and that is our hope moving forward that we will get additional funding that we could use before the eviction moratorium is lifted.  Page 11 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 (No public comment) MOTION: Mayor Whipple moved to approve the funding allocations and recommendations, and authorize the funding agreements and necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). 9.) AN ORDINANCE AMENDING SECTIONS 3.49.010, 3.49.030, 3.49.060, 3.49.070, 3.49.080, AND 3.49.270 OF CHAPTER 3.49 OF THE CODE OF THE CITY OF WICHITA, KANSAS PERTAINING TO EMERGENCY WRECKERS AND REPEALING THE ORIGINAL OF SAID SECTIONS AND REPEALING SECTIONS 3.49.090 AND 3.49.245. Attachment: Agenda Report No. V-9.doc Attachment: Delineated Ordinance Attachment: Ordinance 51-352 Captain Clay Jones Wichita Police Department, presented the item. (Council Member Frye momentarily left the bench) (Mayor Whipple left the bench; Council Member Clendenin in the chair) Council Member Johnson stated he has a quick question about the Chief of Police having the ability to suspend a license and why it is five and 10 days if a crime is committed, why isn't it longer than that. Captain Jones stated the way the ordinance is written right now, we only have a five day suspension period and the reason we put that five days is so we could immediately suspend someone if there is a crime committed so that we can do our research and investigation to see if something further should be done. Council Member Johnson stated we could go past five days that is just the starting point. Captain Jones stated yes. (No public comment) MOTION: Mayor Whipple moved to place the ordinance on first reading and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Claycomb). COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA  Page 12 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 VI) NON-CONSENT PLANNING AGENDA 1.) ZON2020-00007 - CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO TF-3 TWO FAMILY RESIDENTIAL; LOCATED APPROXIMATELY 1,800 FEET SOUTH OF WEST 47TH STREET SOUTH AND EAST OF SOUTH SENECA STREET. (DISTRICT IV) Attachment: Agenda Report No. VI-1 Scott Wadle Director of Planning, presented the item. Council Member Blubaugh stated originally this was on the consent agenda and he had reached out to the City Manager as well as Council Member Clendenin asking that it be pulled. Stated the reason he wanted it pulled is because the owner reached out to him and it was his understanding there was no neighborhood protests and no one upset with the idea of making these multi-family lots. Stated he understands that the lots have remained single-family lots for years and no one has built on them and then understands that there was someone at the MAPC meeting, there was discussion of their own ideas that they thought so much of this footprint should be single-family housing, which was his issue and wants to address that now rather than on December 8th to send that message back and to try and understand the process over there. Stated if the neighborhood is not complaining, and the Planning Commission members are coming up with their ideas; would like to learn more about what the strategy is over there. Council Member Frye stated his question is related to the process of the Eagle not publishing the notice, was that an error on their part or was that a staff issue. Scott Wadle Director of Planning stated there was two things that contributed to it. Stated our staff person who normally sends those into the Eagle was on vacation and this occurred back in August so we had a different staff person send it in. Stated that person did not look to make sure that they received a confirmation email back from the Eagle indicating it was going to be published but at this same time, the Wichita Eagle didn't contact us other than to ask us if we were going to sign up for a new account which we thought was just a sales solicitation. Council Member Frye asked if we also publish this information on our own website. Scott Wadle Director of Planning stated no not we don't have a special section for public notices. MOTION: Council Member Blubaugh moved to defer consideration of this case until December 8, 2020. Motion carried 6 to 0, (Absent: Claycomb). HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA 1.) PUBLIC HEARING – 2021 ANNUAL AGENCY PLAN. Attachment: Agenda Report No. VII-1.docx Attachment: WHA 2021 Annual Plan Elements.pdf  Page 13 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Attachment: Certifications of Compliance 50077-ST-HCV-HP.pdf Attachment: Civil Rights Certification HUD-50077-CR.pdf Attachment: KS004 WHA 2021 Annual Plan 50077-ST-HCV-HP.pdf Attachment: RAB Comments.pdf Sally Stang Director of Housing and Community Services, presented the item. (No public comment) MOTION: Mayor Whipple moved to conduct the public hearing on the Wichita Housing Authority 2021 Annual Agency Plan, approve the Plan and authorize the necessary signatures to certify the Annual Agency Plan for submission to the U.S. Department of Housing and Urban Development. Motion carried 6 to 0, (Absent: Claycomb). VIII) NON-CONSENT AIRPORT AGENDA - NONE AIRPORT AGENDA COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Blubaugh appointed Stephanie Yeager to the CSBG Review Committee. MOTION: Council Member Blubaugh moved to approve the appointment. Motion carried 6 to 0, (Absent: Claycomb). Council Member Johnson thanked Sally Stang for coming to the District I breakfast. Stated she had a wonderful presentation and gave out so much information and we are doing a lot of great work with the City. Stated we heard some of those questions during the budget discussions, but Sally really broke down the things we are doing in a way that was digestible and we still have more that we are doing that we didn't get to in that 90 minutes breakfast. Council Member Tuttle stated we heard a proclamation for Walktober and thanked all the community partners who are leading that.  Page 14 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 10 minutes to receive information on a civil action 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 11:15 a.m. and end at 11:25 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0, (Absent: Claycomb). MOTION: Mayor Whipple moved to recess into Executive Session for 10 minutes to receive information and offers of settlement in environmental remediation projects 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 claim settlement. The Executive Session is required to: protect attorney-client privilege and the public interest. The Executive Session will begin at 11:35 a.m. and end at 11:45 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0, (Absent: Claycomb). MOTION: Mayor Whipple moved to recess into Executive Session for 10 minutes to receive information on a potential civil action 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. Potential litigation and legal advice. The Executive Session is required to protect the City's right to the confidentiality of its negotiating position and the public interest. The Executive Session will begin at 11:45 a.m. and end at 11:55 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0, (Absent: Claycomb). RECONVENE: The City Council reconvened it the Council Chambers at 11:55 a.m. No action was needed or taken as a result of the Executive Session. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 4 to 2 (Absent: Claycomb, Tuttle and Blubaugh). The meeting was adjourned at 11:56 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 15 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 13 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages. Attachment: CMBs for October 6, 2020.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC October 6, 2020.pdf 3) Petitions for Public Improvements: a.) Revised Petitions for Improvements to Serve Brookfield Addition. (District II) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-310 (018386) Attachment: Resolution 20-311 (018392) Attachment: Resolution 20-312 (085623) Attachment: Resolution 20-313 (085624) 4) Agreements/Contracts: a.) Supplemental Design Agreement No. 1 for Improvements to Chalet Ridge Addition. (District II) Attachment: Agenda Report No. II-4a.docx Attachment: Agreement.pdf b.) Supplemental Design Agreement No. 1 for Improvements to Emerald Bay 3rd and 4th Addition. (District VI) Attachment: Agenda Report No. II-4b.docx Attachment: Agreement.pdf c.) Supplemental Design Agreement No. 2 for Improvements to Casa Bella 2nd Addition. (District II)  Page 16 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Attachment: Agenda Report No. II-4c.docx Attachment: Agreement.pdf 5) Minutes of Advisory Boards/Commissions: Board of Park Commissioners, August 10, 2020 Uncategorized Items: 6.) Visit Wichita 2nd Quarter Performance Report and Monthly Financial Report for August 2020. Attachment: Visit Wichita Reporting 8.2020.pdf Attachment: Visit Wichita Quarterly Report Q2 2020.pdf 7.) Donation for Sherwood Glen Park Improvement. (District VI) Attachment: Agenda Report No. II-7.doc Attachment: SGNA MOU.docx Attachment: Resolution 20-314.docx 8.) Wichita Retirement Systems’ Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2019. Attachment: Agenda Report No. II-8.doc Attachment: 2019 WRS Pension CAFR.pdf 9.) United States Postal Inspection Service (USPIS) Asset Seizure and Forfeiture Fund. Attachment: Agenda Report No. II-9.doc 10.) Annual Report for Stryker Multi-Sport Youth Complex. (District II) Attachment: Agenda Report No. II-10.doc Attachment: Stryker Update July 2020.pdf II) CONSENT PLANNING AGENDA ITEMS 11.) SUB2020-00027 -- PLAT OF NEWSPRING COMMERCIAL ADDITION LOCATED ON THE NORTHEAST CORNER OF EAST 21ST STREET NORTH AND EAST K-96 HIGHWAY. (DISTRICT II) Attachment: Agenda Report No. II-11.docx  Page 17 CITY COUNCIL PROCEEDINGS OCTOBER 6, 2020 Attachment: Supporting Documents.pdf II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 12.) Ashby Street Outdoor CC, LLC, Supplemental Agreement No. 1, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-12.doc Attachment: Ashby SA#1.pdf 13.) TENAX Aerospace, LLC – Supplemental Agreement No. 1, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-13.doc Attachment: Tenax SA#1.pdf