City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 3, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, and James Clendenin. Absent: 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. (Council Member Johnson arrived at 902 a.m.) Proclamation - Adoption Celebration Month Mayor Whipple read aloud the proclamation. Award - Achievement of Excellence in Procurement Award Mayor Whipple presented the Finance Department staff with the award. Bob Layton City Manager thanked staff for their wonderful work, thinks we have an extremely professional Purchasing Division in the Finance Department and one that is a leader in the nation and is really proud of them and the work that they are doing. Approve the minutes of the regular and special meeting on October 27, 2020 MOTION: Mayor Whipple moved to approve the minutes of the regular and special meeting on October 27, 2020. Motion carried 7 to 0. I) PUBLIC AGENDA 1.) Jody Zimmerman - City Sidewalks and Drainage. (NOT PRESENT) 2.) George Theoharris - Discrepancies in City Ordinances and the CIP. George Theoharris stated he is here to speak about our Law Department and judges being part of the problem on what fine ordinances are to be followed and what are just merely suggestions and asked if the Law Department can comprise a list of ordinances and laws broken down by the ones meant to be figuratively unenforced and those that are literally enforced. Stated his neighbor blows his grass clippings in to the street and has called no less than five times over the last three years and believes he has been warned. Stated he has pictures but the inspectors will not issue a citation and was told that the inspector  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 said he has not issued a ticket in years. Stated so blowing grass and leaves into the street and storm sewer is either literally or figuratively wrong. Stated it has always irked him that a city tree pushes up a city sidewalk and the adjacent land owner has to pay to have the sidewalk repaired or replaced. Stated it is his desire that a committee be formed to address discrepancies like these and several other situations that he emailed to each of the Council Members last night. Stated the CIP came out this year and after returning from Boston, was very concerned for public safety due to talk about cutting police and the animal control service's budgets. Stated the City extended the date of his beloved east Mt. Vernon bike lanes and slid from 2020 to 2024. Stated we have been short-changed in southeast Wichita for years and asked the Council to readdress the CIP. Stated it is with a sadden heart that he ask Council Member Clendenin to do the right thing and step down and as Council Member Frye has set the bar and pulled down his business associate appointment. 3.) Rebecca Jenek - Ethics. (NOT PRESENT) 4.) Kathy Camden - Current Affairs. Kathy Camden 235 N. Rutan, stated she is here to address the status of Council Member Clendenin's seat in District 3. Stated she would first like to thank the Council for confronting the actions of their colleague and for the censure of Council Member Clendenin and request that he step down from his seat due to the ethical violations from his involvement in the false attack against Mayor Whipple and his attempt to then falsely blame his party chair for his actions. Stated Council Member Clendenin's actions and words are criminal, immoral and show that he does not have a judgement to make decisions for the citizens. Stated she joins the City's request and ask that Council Member Clendenin resign from his office and allow the constituents of District 3, to elect someone who will represent them ethically. Stated Mr. Clendenin, please do the right thing and step down from your seat. 5.) Jason Slaughter - Installation of stair lifts in residential settings for those with disabilities in the city limits of Wichita. Jason Slaughter stated he is the managing partner of Jay Hatfield Mobility located in Wichita, which is a wheelchair accessible vehicle dealer and home modification installer. Stated the home medication in question is the installation of stair lifts within the city limits of Wichita, KS. Stated currently an elevators license is required for the installation of these products. Stated stair lifts allow disabled individuals to access the multiple levels of their home for daily living and in the event of a storm warning. Stated these lifts are nothing like an elevator and there is zero modification to the home. Stated these are installed by bolting the mounting hardware to the existing stair tread and the stair lift operates off of battery power. Stated a standard 110V plug in is required to allow the stair lift to charge the batteries. Stated he is requesting that the requirement of an elevators license be abolished. Stated we receive multiple calls for repairs on stair lifts that have been installed in Wichita by national companies who do not offer repair services in a timely fashion. Stated we want to keep Wichita dollars local. 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.  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) REPORT OF BOARD OF BIDS AND CONTRACTS DATED NOVEMBER 2, 2020 AND QUARTERLY INFRASTRUCTURE REPORT. Attachment: 11-02-2020 Board of Bids.pdf Attachment: Q3 Hand out.xlsx Hannah Lang, Department of Finance, reported on the items. Council Member Johnson asked if that percentage is the highest it has been in the last three years. Stated he remembers 18 and 19%. Bob Layton City Manager stated he doesn't know for sure. Stated we just started doing these reports this past year and haven't reported on a quarterly basis before that. 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.) NORTHWEST WATER FACILITY FINANCING AND CONSTRUCTION. Attachment: Agenda Report No. V-1.docx Attachment: SRF Agreement November 2020.docx Attachment: Executive Summary for NWWF Financing November 2020.docx Attachment: Ordinance 51-366 Alan King Director of Public Works & Utilities, reported on the item. (No public comment) Council Member Frye stated this is a milestone for Wichita and it has taken a lot of effort, hours, and people working towards this and thanked everyone on staff and KDHE for their support. Stated the amount of savings that we are getting out of this versus standard revenue bonds is going to make a difference for a lot of folks.  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 MOTION: Mayor Whipple moved to approve the SRF Loan Agreement, authorize the required insurance payment and the final Notice to Proceed, place the ordinance (Exhibit F) on first reading, and authorize the necessary signatures. Motion carried 7 to 0. 2.) IMPROVEMENTS TO ANNA STREET. (DISTRICT IV) Attachment: Agenda Report No. V-2.doc Attachment: Supporting Documents Attachment: Letter from Citizen.pdf Attachment: Resolution 20-340 Gary Janzen Department of Public Works Engineering, reported on the item. Council Member Johnson stated on slide 29, Esthner Street is vacated but you are going to build a potential drive into the vacated street and asked why we are doing that. Gary Janzen Department of Public Works Engineering stated it is actually for that property back to the west and that type of information still shows up forever. Stated it is effectively private property now, Esthner Street is what we are tying in. Council Member Blubaugh stated he is just now seeing the letter from Mr. Ortiz because it was on the back page. Stated he says he would like to have it taken all the way to K-42 but Anna doesn't even go to K-42, we would have to make a joggle back around Pawnee. Gary Janzen Department of Public Works and Engineering stated it would and if you look at the bottom right corner, effectively Southwest Boulevard, the yellow area is all unpaved and thinks that is what he was referencing as far as getting all of the pavement done. Stated to do what he is asking, we would have to pave everything that is shown in yellow. Council Member Blubaugh stated where it is mostly retention ponds, the business owners wouldn't want to. Gary Janzen Department of Public Works and Engineering stated it is hard to imagine that they would. Stated we didn't pursue that or talk to them specifically but based on past experience, and even the challenges we had looking at extending down to the north end where you see that water on the aerial, the petitioner was challenged to get signatures for that. Stated it is highly unlikely that those other property owners would ever see the value in paving that street based on what we have dealt with in the past. Mayor Whipple stated there is someone at Century II who would like to speak on this item. Public Comment: 1) Larry Ortiz stated he is the owner of the body shop and has owned it for 35 years and that street has not been paved for all that time. Stated there is a lot of truck traffic, the grading is almost every other day  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 because of the high use of that road and thinks if we are going to pursue this, it would be to the advantage of everybody that it would be extended. Stated it would take some of the congestion off of West Street, which is a mess. Stated you are going to have the equipment there to do the paving and thinks it would help the warehouse areas bringing in trucks another direction other than West Street and would help the school buses picking kids up. Council Member Blubaugh thanked Mr. Ortiz for coming and speaking to them. Stated some of the things that are going on right now in that area is, last night at his DAB meeting, we spoke about K- 42 enhancements at West Street where you have seven different directions going on right now in that area. Stated we are looking at doing a major project down there and hopefully that will relieve some of that congestion and truck traffic. Stated he understands Mr. Ortiz's issues and West Street has been an emphasis of his for several years now and we are trying to do everything we can to widen it, get the intersections under control and hopefully have a better flow of traffic. MOTION: Mayor Whipple moved to approve the project, adopt the resolution, and authorize the necessary signatures. Council Member Blubaugh stated he would like to acknowledge everyone who worked on this petition to get this approved so that they can have the paved access and thinks this will really be good for that industrial corridor in that part of Wichita and thanked all the neighbors who are paying for 93% of this improvement. Motion carried 7 to 0 3.) AGREEMENT WITH KANSAS DEPARTMENT OF TRANSPORTATION (KDOT) FOR IMPROVEMENTS TO NORTH JUNCTION – ACCELERATED GOLD PROJECT. Attachment: Agenda Report No. V-3.doc Attachment: Agreement.pdf Attachment: Resolution 20-341 Gary Janzen Department of Public Works Engineering, reported on the item. (No public comment) Bob Layton City Manager thanked Secretary Lorenz who is taking a personal interest in this project as well as Senator Carolyn Mcginn who encouraged us to do a cost share approach to this phase and that advice proved to be very helpful. MOTION: Mayor Whipple moved to approve the agreement and budget, adopt the resolution and authorize the necessary signatures. Motion carried 7 to 0.  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 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 APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple appointed Joseph Nickel to the Police and Fire Retirement Board of Trustees. MOTION: Mayor Whipple moved to approve the appointment. Motion carried 7 to 0. Vice Mayor Claycomb stated she wants to congratulate and thank our Community Services Department and Police Department on being awarded a one million dollar grant from the Department of Justice Community Based Crime Reduction Program. Stated this grant will provide funding for community outreach to reduce homelessness and crime in a one and a half square mile area in our downtown. Stated this program will work with businesses and residents in identifying where services are needed and place case managers with police officers. Stated she is very proud of Wichita because this is an innovative collaboration between two departments that don't usually work together and thanked staff for their insight and being awarded this grant for this very important work. Council Member Blubaugh thanked everyone who participated in the neighborhood cleanup Saturday on Halloween. Stated we gave out over 175 lunches and the kids from West High School did an amazing job and were excited that they got to see each other and work together. Stated he is still waiting on the numbers but knows we had over 100 mattresses and thanked staff for coordinating this event and thanked Jay Miller from the Wichita Wind Surge for providing lunches. Stated it was a beautiful day and a great opportunity and thinks we did a lot to clean up the community. Council Member Frye stated today is No Shave November to raise awareness for men's cancer health issues. Stated there has been a lot of media speculation and reports on the Wichita Wind Surge today on social media regarding major league and minor league baseball. Stated there are still negotiations going on, nothing has been decided that we are aware of as it relates to our Marlin franchise. Stated this is a  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 very fluid situation and will keep monitoring it but as of right now, we are aware of no changes that have been made. Council Member Johnson reminded everyone that today is Election Day and encouraged everyone to get out and vote and that we have free transit for those who need a ride. Stated he looked at the County site and we are now at 17% positivity rate and encouraged everyone to wear masks, socially distance, and wash your hands with soap and water which is better than sanitizer and to make sure that you are taking this seriously. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 9:56 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) APPLICATIONS FOR LICENSES: a.) Application for Licenses. Attachment: Applications for Licenses Nov 3.docx 2) APPLICATIONS FOR LICENSES FOR CEREAL MALT BEVERAGES: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBs for November 3, 2020.docx 3) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for 11-3-2020.pdf b.) Preliminary Estimate for Water Distribution System to serve Brook Field Addition Phase 3A. Attachment: NTBA PE Brookfield.pdf 4) PETITIONS FOR PUBLIC IMPROVEMENTS: a.) Petitions for Improvements to Serve NRD Addition. (District II) Attachment: Agenda Report No. II-4a.doc Attachment: Supporting Documents Attachment: Resolution 20-342 (025957) Attachment: Resolution 20-343 (025958) Attachment: Resolution 20-344 (025959) Attachment: Resolution 20-345 (025960) Attachment: Resolution 20-346 (025961) Attachment: Resolution 20-347 (025962) Attachment: Resolution 20-348 (025963) Attachment: Resolution 20-349 (085447)  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 Attachment: Resolution 20-350 (085645) Attachment: Resolution 20-351 (085646) Attachment: Resolution 20-352 (085647) Attachment: Resolution 20-353 (085648) Attachment: Resolution 20-354 (085649) b.) Petitions for Improvements to Serve Dugan West Kellogg Commercial 2nd Addition. (District IV) Attachment: Agenda Report No. II-4b.doc Attachment: Supporting Documents Attachment: Resolution 20-355 (025952) Attachment: Resolution 20-356 (025953) Attachment: Resolution 20-357 (025954) Attachment: Resolution 20-358 (025955) Attachment: Resolution 20-359 (025956) Attachment: Resolution 20-360 (085445) Attachment: Resolution 20-361 (085446) Attachment: Resolution 20-362 (085643) Attachment: Resolution 20-363 (085644) c.) Petition for Intersection Improvements at Calvert Street and West Street, Dorothy Addition. (District IV) Attachment: Agenda Report No. II-4c.doc Attachment: Supporting Documents Attachment: Resolution 20-364 UNCATEGORIZED ITEMS: 5.) AGREEMENT TO RESPREAD ASSESSMENTS: DUGAN WEST KELLOGG COMMERCIAL 2ND ADDITION. (DISTRICT IV) Attachment: Agenda Report No. II-5.doc  Page 10 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 Attachment: Agreement Attachment: Ordinance 51-367 Attachment: Summary of Ordinance 51-367 6.) NOTICE OF INTENT TO USE DEBT FINANCING, JABARA RUNWAY REHABILITATION, COLONEL JAMES JABARA AIRPORT. Attachment: Agenda Report No. II-6.docx Attachment: Resolution 20-365 7.) SOCIAL WORK INTERNSHIP PROGRAM. Attachment: Agenda Report No. II-7 8) SECOND READING ORDINANCES: Second Reading Ordinances (first read October 27, 2020) Attachment: List of Second Reading Ordinances, first read October 27, 2020.docx II) CONSENT PLANNING AGENDA ITEMS 9.) SUB2020-00023 -- PLAT OF TRU-BUILDING ADDITION LOCATED ON THE SOUTH SIDE OF WEST MAPLE STREET, ONE-QUARTER MILE WEST OF SOUTH HOOVER STREET. (DISTRICT IV) Attachment: Agenda Report No. II-9.docx Attachment: Supporting Documents Attachment: Ordinance 51-368.docx 10.) VAC2020-00032 – CITY VACATION OF A PORTION OF A PLATTED ALLEY RIGHT- OF-WAY; GENERALLY LOCATED BETWEEN SOUTH MAIN STREET AND SOUTH MARKET STREET AND BETWEEN EAST LEWIS STREET AND EAST DEWEY STREET. (DISTRICT I) Attachment: Agenda Report No. II-10.docx Attachment: Vacation Order.docx Attachment: VAC2020 32 -MAPC Minutes Excerpt.docx Attachment: VAC2020 32 -Restrictive Covenant and Easement.pdf  Page 11 CITY COUNCIL PROCEEDINGS NOVEMBER 3, 2020 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 11.) RUNWAY REHABILITATION, COLONEL JAMES JABARA AIRPORT. Attachment: Agenda Report No. II-11.docx