City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 13, 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. Approve the minutes of regular meeting on October 6, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on October 6, 2020. Motion carried 7 to 0. Award - GFOA Distinguished Budget Presentation Award Mayor Whipple presented Elizabeth Goltry Wadle with the award. I) PUBLIC AGENDA - NONE II) CONSENT AGENDA ITEMS 1 THROUGH 16 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 16 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 October 12, 2020. Attachment: 10-12-2020 Board of Bids.pdf Hannah Lang, Finance Department, presented the October 12th Board of Bids recommendations.  Page 2 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 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.) PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS, IH1, LLC FOR THE BENEFIT OF COSMIC PET. (DISTRICT IV) Attachment: Agenda Report No. V-1.doc Attachment: Ordinance 51-353 Tim Goodpasture Office of Economic Development, presented the item. Council Member Blubaugh stated we appreciate what they are doing down there. Stated originally this building was in south Wichita and they were looking to relocate somewhere else and decided to move into Iron Horse through our spec program and now we are seeing that they are doubling their footprint. Stated he appreciates this kind of growth and them staying in Wichita and is excited to see what happens to them in the future. (No public comment) MOTION: Mayor Whipple moved to close the public hearing and place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds for IH1, LLC in an amount not to exceed $6,100,000 and authorize the necessary signatures. Motion carried 7 to 0. 2.) 2021 CULTURAL FUNDING ALLOCATION RECOMMENDATIONS. Attachment: Agenda Report No. V-2.docx Donte Martin Assistant City Manager, presented the item. Council Member Tuttle thanked staff for working with this group in this process and thinks right now during this challenging time, things like the arts is one of the things that can help us to have a little bit of normal and bring us back to purpose and gave a shout out to the Cultural Funding Committee for all their work and time. Council Member Johnson asked staff if we are going to reach out to the people who have historically applied, to see why they didn't apply. Stated he is curious if COVID is a part of that or maybe they felt they couldn't perform their normal services this year. Donte Martin Assistant City Manager stated throughout the application process, Bernadette Bradshaw works very closely with the groups that have previously applied and also those who are going through the  Page 3 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 current year's funding cycle. Stated she is available at Century II and can maybe weigh in on why certain groups chose not to apply this year; but yes, staff is actively involved with encouraging groups to continue with that. Mayor Whipple stated regarding the development artist grants, where it seems like no one received those; will that money just go back into the account or will there be an effort to try to get another round of applications so that money can get back into our community. Donte Martin Assistant City Manager stated we won't have another round of applications, the next step in this process is to begin to reach out to these groups that have been recommended for funding and finalize contracts that we will bring back to the Council in November or December. Stated the roughly $10,000 that remains goes back into the pot. (No public comment) MOTION: Mayor Whipple moved to approve the funding allocations recommended for arts and cultural organizations by the Cultural Funding Committee. Motion carried 7 to 0. Bob Layton City Manager stated he would like the Council to recognize Mary Eves and thinks this will be her last funding round and who has done a phenomenal job over the last few years of moving this forward. Stated you have probably heard the stories about what this was like before the Cultural Funding Committee and before you got some pretty sound recommendations and thought you may want to recognize Mary for the work that she has done. Council Member Clendenin stated it was pretty convoluted before we went through this process and even in the early days of giving one mil, the public was just understanding about what arts and culture really gave back to our community, was really misunderstood and the return we get for this investment we make. Stated Mary has done an amazing job steering this ship and she is going to be sorely missed. Stated if you ever see her she is always ready for a hug and talk about arts and culture and thanked her for her leadership in making this such a smooth process. Council Member Blubaugh stated leadership is the first thing he thinks of when he says Mary because even when she and he have not been on the same page, she was always so sweet and nice and wanting to be helpful and give you the facts. Stated she has big shoes to fill and appreciates everything she has done. Vice Mayor Claycomb stated she is not sure that people always recognize in the public just how much time these volunteers put in and the work that Mary has put in on this. Stated she is amazing and does have big shoes to fill and wants to recognize Mary and the other volunteers for the work they have done. 3.) AGREEMENT AND FUNDING FOR TRAFFIC SIGNAL AND OVERHEAD SIGN STRUCTURES INSPECTION. Attachment: Agenda Report No. V-3.docx Attachment: Agreement.pdf Gary Janzen Public Works Engineering presented the item.  Page 4 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 Vice Mayor Claycomb stated in the agenda report it says that the complete structural inspection now exists of a portion of the facilities and asked staff to remind us what portion of the facilities. Gary Janzen Public Works Engineering stated we are thinking we can get to about one-third of them, we've got about 2,100 facilities and our estimate is that we can get to one-third of them with this cost. Stated if we find any significant problems, anything that is a critical issue will be identified and we will find a way to deal with that right then particularly through our current operating budget so that we don't have any public safety or life safety issues. Stated this first round along with inspecting a third of the facilities is to give us a better idea of what the overall picture looks like and thinks we can get representative samples in different areas to know just where we are at. Stated we don't have reason to believe that we are in a dire situation but we really don't know yet. Vice Mayor Claycomb asked if TranSystems will lay out a plan for how we will inspect the remainder of those. Gary Janzen Public Works Engineering stated we will, we have a really good program in place for our bi- annual bridge inspections every two years. Stated we only have 285 bridges compared to 2,100 facilities but we have learned a lot from that over the years in developing a long-term maintenance program that our staff is able to carry out. Council Member Johnson stated with the facilities that we find need to be replaced; are we going to scrap that metal and use some revenues from that to offset the cost. Gary Janzen Public Works Engineering stated it is possible, it depends on what we find the issue is. Stated we try to do what we can, it is not real easy to repair some of those facilities depending on what the issue is, but we do. Stated he cannot tell you that necessarily goes directly to offsetting that cost but we do what we can with the scrap materials. (No public comment) MOTION: Mayor Whipple moved to approve the necessary budget adjustments, approve the agreement, and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA 1.) ZON2020-00027 - CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO TF-3 TWO-FAMILY RESIDENTIAL ON PROPERTY LOCATED ON THE NORTH SIDE OF WEST DALLAS STREET, GENERALLY LOCATED 1,600 FEET WEST OF SOUTH SENECA STREET AND 1,475 FEET SOUTH OF WEST PAWNEE, 1602 WEST DALLAS. (DISTRICT IV) Attachment: Agenda Report No. VI-1.doc  Page 5 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 Attachment: Excerpt Minutes of September 10 2020 MAPC.docx Attachment: DAB Report for MAPD on ZON2020-00027.doc Attachment: Protest Map.pdf Attachment: Ordinance 51-354 Scot Wadle Director of Planning, presented the item. Council Member Blubaugh stated this came in front of his DAB, it was unanimously approved at the DAB. Stated he has received a series of emails from residents in the area concerned with the new construction and concerned with this being a rental. Stated he does not know for sure if it is going to be a rental, and thinks we need to start accepting these duplex properties because if you look at any new construction in Wichita, anything is going to cost you over $200,000 to build a new house. Stated he thinks these duplexes are going to be an opportunity to where someone will buy half of a duplex as their first entry to home ownership. Stated he doesn't want to deter that and does not want to see vacant lots in the area and thinks the new construction would be added to the area because this area hasn't probably had any new construction in the last 50 years. Stated with the high cost of materials right now, cannot imagine anyone building anything sub-par. MOTION: Council Member Blubaugh moved to adopt the findings of the MAPC and approve the requested zone change with the Protective Overlay (PO#353), place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading. Motion carried 7 to 0. 2.) CON2020-00024 - CITY CONDITIONAL USE TO ALLOW VEHICLE SALES, OUTDOOR, ON LC LIMITED COMMERCIAL ZONED PROPERTY; GENERALLY LOCATED ON THE SOUTH SIDE OF WEST CENTRAL AVENUE AND WEST OF NORTH WEST STREET. (DISTRICT VI) Attachment: Agenda Report No. VI-2.docx Attachment: Except Minutes Sept 10.docx Attachment: Site Plan.pdf Attachment: DAB 6 Memo CON20202-00024.pdf Attachment: Resolution 20-315 Scott Wadle Planning Director, presented the item. Council Member Frye stated the agenda report says that the DAB recommended denial but looking at the staff report from CSR Lopez, there was a motion made to approve the staff's recommendation and passed 7-0.  Page 6 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 Scott Wadle Planning Director stated it must be an error on our part for the staff report. Council Member Frye asked which it is. Scott Wadle Planning Director stated it would be with the notes from the DAB from CSR Lopez. Vice Mayor Claycomb stated this is one of those motions that is backwards. Stated at the DAB the recommendation from staff was denial, so they were approving the denial. Vice Mayor Claycomb stated this case came before DAB back in July and then before the Planning Commission in September. Stated in September at the Planning Commission, they put some pretty strict conditions on this. Stated this is not a typical auto sales, this is four parking spots where they will be selling cars and no more than four. Stated there were no protest. MOTION: Vice Mayor Claycomb moved to adopt the findings of the MAPC and approve the requested conditional use subject to the nine modified conditions recommended by MAPC, including only four cars may be on display for sale at any one time and authorize the signatures on the resolution. Motion carried 7 to 0. 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 APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple stated we need to do some housekeeping to clean up our recordkeeping. Stated the Sedgwick County Commission nominated Ron Ryan for reappointment to the Wichita Airport Authority on August 21, 2019 but the Council never took action and is recommending that we retro-actively reappoint Ron Ryan to the Wichita Airport Authority with his term ending March 21, 2021. Stated in addition he is appointing Ann Fox to the Metropolitan Area Planning Commission to fill the unexpired term of Renee Drexler who resigned due to relocating to another city. MOTION: Mayor Whipple moved to approve the appointments.  Page 7 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 Council Member Johnson stated for the individual that we are taking action on now, does their votes or anything count for this last year. Stated if the recommendation was made in 2019 and now we are taking action. Mayor Whipple stated if there was no objection to their receding and they were appointed by one body, we would maybe be ratifying that body but asked for legal’s opinion. Jennifer Magana City Attorney stated it is her understanding he was continuing the term or was it a reappointment and would have to look at the bylaws and ordinances but her presumption is that he would be continuing in term until the term was filled and her presumption is that the votes would be held. Mayor Whipple stated we are just trying to correct it at this point. Motion carried 7 to 0. Council Member Tuttle stated she wants to remind everyone in the community that today is the last day to be able to register to vote. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0 The meeting was adjourned at 9:41 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 8 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 16 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 OCT 13.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 10-13-20.pdf 3) PETITIONS FOR PUBLIC IMPROVEMENTS: a.) New and Revised Petitions for Improvements to Serve Northgate and Northgate 3rd and 4th Additions. (District VI) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents.pdf Attachment: Resolution 20-316 (004499) Attachment: Resolution 20-317 (004503) Attachment: Resolution 20-318 (004507) Attachment: Resolution 20-319 (023955) Attachment: Resolution 20-320 (026827) Attachment: Resolution 20-321 (085439) Attachment: Resolution 20-322 (085449) Attachment: Resolution 20-323 (085596) Attachment: Resolution 20-324 (085603) Attachment: Resolution 20-325 (085650)  Page 9 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 4) DESIGN SERVICES AGREEMENTS: a.) Design Services Agreement for Edge Water 4th Addition. (District VI) Attachment: Agenda Report No. II-4a.docx Attachment: DSA Edge Water 4th Addn.pdf b.) Design Services Agreement for Turkey Creek 3rd Addition. (District IV) Attachment: Agenda Report No. II-4b.docx Attachment: DSA Turkey Creek 4th.pdf 5) CHANGE ORDERS: a.) Change Order No. 1 for Improvements to Water Distribution System (WDS) and Lateral 570 Southwest Interceptor System (SWIS) to Serve Fox Run Addition. (District III) Attachment: Agenda Report No. II-5a.docx Attachment: CO No. 1.docx UNCATEGORIZED ITEMS: 6.) MEMORANDUM OF UNDERSTANDING - KANSAS SEARCH & RESCUE RESPONSE SYSTEM AND KANSAS TASK FORCE 1. Attachment: Agenda Report No. II-6.docx Attachment: Kansas USAR Admin Guideline 03.pdf Attachment: Participating Agency MOU TF 2020.pdf Attachment: Task Force 1 MOU 2020.pdf Attachment: Resolution No. 20-326 7) SECOND READING ORDINANCES: a.) Second Reading Ordinances (first read October 6, 2020) Attachment: List of Second Reading Ordinances 10-13-2020.docx  Page 10 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 II) CONSENT PLANNING AGENDA ITEMS 8.) ZON2020-00028 - CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO TF-3 TWO-FAMILY RESIDENTIAL ON PROPERTY LOCATED 885 FEET SOUTH OF WEST CENTRAL AVENUE AND 3,000 FEET EAST OF I-235, 538 NORTH ANNA. (DISTRICT VI) Attachment: Agenda Report No. II-8.doc Attachment: Excerpt Minutes of September 10, 2020 MAPC.docx Attachment: ZON2020-00028 DAB 6 Memo.pdf Attachment: Ordinance 51-355 9.) ZON2020-00030: CITY ZONE CHANGE FROM SF-5 SINGLE FAMILY RESIDENTIAL TO GC GENERAL COMMERCIAL FOR DEVELOPMENT; GENERALLY LOCATED ON THE EAST SIDE OF SOUTH BROADWAY AVENUE AND WITHIN ONE-HALF MILE SOUTH OF EAST 47TH STREET SOUTH, 5136 SOUTH BROADWAY AVENUE. (DISTRICT III) Attachment: Agenda Report No. II-9.doc Attachment: ZON2020-00030 MAPC Min Excerpt.docx Attachment: ZON2020-00030 DAB III Report.docx Attachment: Ordinance 51-356 10.) VAC2020-00021 – CITY VACATION OF THE EAST 15 FEET OF A 35-FOOT BUILDING SETBACK TO ALLOW FOR LONGER DRIVE-THROUGH QUEUE AT EXISTING RESTAURANT; GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF EAST DOUGLAS AVENUE AND SOUTH ROCK ROAD. (DISTRICT II) Attachment: Agenda Report No. II-10.docx Attachment: VAC2020 21 -MAPC Min Excerpt Sept 10.docx Attachment: VAC2020 21 -Vacation Order.docx 11.) VAC2020-00022 – CITY VACATION OF A PUBLIC UTILITY EASEMENT TO ALLOW FOR PRIVATE SERVICE LINE SERVICE; GENERALLY LOCATED ONE-HALF MILE WEST OF NORTH MERIDIAN AVENUE AND ONE-HALF MILE SOUTH OF WEST 53RD STREET NORTH. (DISTRICT VI) Attachment: Agenda Report No. II-11.docx Attachment: VAC2020 22 -MAPC Min Excerpt Sept 10.docx  Page 11 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 Attachment: VAC2020 22 -Vacation Order.docx 12.) VAC2020-00028 – CITY VACATION OF A PORTION OF THE PLATTED 30-FOOT SIDE STREET SETBACK ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST JENNIE STREET AND NORTH RAINBOW LAKES ROAD; GENERALLY LOCATED SOUTHEAST OF WEST CENTRAL AVENUE AND NORTH 135TH STREET WEST. (DISTRICT V) Attachment: Agenda Report No. II-12.docx Attachment: VAC2020 28 -MAPC Min Excerpt.docx Attachment: VAC2020 28 -Utility Easement.pdf Attachment: VAC2020 28 -Vacation Order.docx 13.) VAC2020-00031 – CITY VACATION OF A PORTION OF A PLATTED REAR SETBACK ON SF-5 ZONED PROPERTY; GENERALLY LOCATED ON THE EAST SIDE OF I-35 AND ON THE NORTH SIDE OF EAST 63RD STREET SOUTH, 1100 EAST 63RD STREET SOUTH. (DISTRICT III) Attachment: Agenda Report No. II-13.docx Attachment: VAC2020 31 -MAPC Min Excerpt.docx Attachment: VAC2020 31 -Vacation Order.docx 14.) SUB2019-00045 -- PLAT OF NRD ADDITION LOCATED ON THE NORTH SIDE OF EAST 21ST STREET NORTH, 940 FEET EAST OF NORTH 143RD STREET EAST. (DISTRICT II) Attachment: Agenda Report No. II-14.docx Attachment: Supporting Documents II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 15.) COMM LINK, INC. – SUPPLEMENTAL AGREEMENT NO. 1, WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT. Attachment: Agenda Report No. II-15.doc Attachment: Comm Link - SA#1.pdf  Page 12 CITY COUNCIL PROCEEDINGS OCTOBER 13, 2020 16.) PRATT & WHITNEY ENGINE SERVICES, INC., SUPPLEMENTAL AGREEMENT NO. 5, WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT. Attachment: Agenda Report No. II-16.doc Attachment: Pratt & Whitney - SA#5.pdf