City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 10, 2020 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, and Brandon Johnson. (Absent: Clendenin). Staff Members Present: Bob Layton, City Manager, Sharon Dickgrafe, Deputy 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 November 3, 2020. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on November 3, 2020. Motion carried 6 to 0, (Absent: Clendenin). Proclamations: Merchant Marine Recognition Day National Adoption Month Mark Arts Day Mayor Whipple stated he will use our social media outlets to send out the language in the proclamations. I) PUBLIC AGENDA 1.) Celeste Racette - TIF districts and debt. Celeste Racette 2239 N. Tee Time Court stated the legacy of this current City Council and City Manager Layton, is favoritism shown to a select group of millionaire developers and it continues with this proposed TIF District in Riverside. Stated the City Council is proposing a TIF District in Riverside, removing green space along the Arkansas River. Stated City Hall has given the land to developers Jerry Jones and Dave Burke who are planning to pack in 40 homes into seven acres, each house on a lot of only 5,000 square feet so there will be less than seven feet between the homes. Stated double car garages will add 80 cars to traffic in this area. Stated City Council Member Claycomb presented this plan to City Council on March 19, 2019 and claimed that everyone in Riverside was very pleased with the plans even residents along Amidon and 12th Street, which is not true. Stated there are several residents that are unhappy with the increased traffic coming off of 12th Street from this packed housing development. Stated Riverside residents felt pressured in accepting this development as a done deal. Stated why Council Member Claycomb is allowed to push this development for her neighbor Dave Burke. Stated she attended neighborhood meetings with him and had him go with her to talk to Riverside residents and asked Mayor Whipple where is the ethics policy that you said was forthcoming after your election last year. Stated this prime riverfront land that taxpayers once owned is north of Sims Park and south of 13th Street; 35,000 square feet along the river was traded to the developers for land they own near 12th Street but it’s not an  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 equal land exchange. Stated to compensate for this unequal land exchange, the developers through in $15,000, roughly .44 cents per square foot; considering we gave up prime river front land, they should have paid an extra $8.50 per square foot making it $250,000 and not $15,000 that went into the general fund for parks. Stated why is the City swapping prime river front land for pennies per square foot and why do these same developers always get the cheapest deals from this current City Council. Stated in exchange for this prime riverfront land, the City took ownership of land where the developers are asking for a street to be built; so the City is going to get this land which we traded for, for a road that provides access into this private development; and why is the City giving financial support to this. Stated TIF debt has nearly doubled in one year and at the end of 2018, it was $17 million dollars, at the end of 2019 it was $25 million dollars; what will it be at the end of this year? Stated what happens when TIF bonds fall behind; City Council sells public land to pay off the debt as they did when acreage for the Delano Area Catalyst site was used to pay off TIF debt for the failing TIF at Hillside and Douglas. Stated if there isn't any public land to sale, the TIF bonds have to be paid back with funds that could have gone for quality of life, firemen, street repairs, and neighborhood swimming pools. Stated before this area could be turned into development, the MAPC had to label it a zero lot line development, which means the houses are so close together, there is only seven feet between one side of the house to another. Stated these same developers were allowed to hire a company to do a blight assessment on the area from Kansas City who said there was deteriorating structures, inadequate street layout, and unsafe conditions due to localized flooding. Stated this particular City Council is coming to an end with three of you coming up for reelection next year and once again you are showing favoritism for developers who don't need taxpayer help. 2.) Sybil Strum - Treated badly by the community. Sybil Strum 326 N. Walnut Street stated you all have treated me dirty and let central come into her house without her permission and then you tore her house down. Stated then you made her homeless and she has been there for the community volunteering. Stated she asked for help and was told to go to a devastating apartment where there were bedbugs and violence going on. Stated she didn't like being homeless, you don't use your compassion and go after the people who are fighting you. Stated she wants to know why she was treated so badly when she has been there for the community. II) CONSENT AGENDA ITEMS 1 THROUGH 21 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 21 in accordance with the recommended actions shown thereon. Motion carried 6 to 0, (Absent: Clendenin). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated November 9, 2020. Attachment: 11-09-2020 Board of Bids.pdf Hannah Lang Purchasing Department, reported on the item.  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Clendenin). IV) UNFINISHED COUNCIL BUSINESS - NONE V) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING CONSIDERING AN ADOPTION OF PROJECT PLAN FOR THE RIVERSIDE INFRASTRUCTURE PROJECT. (DISTRICT VI) Attachment: Agenda Report No. V-1.docx Attachment: Project Plan Riverside TIF.pdf Mark Elder Office of Economic Development, reported on the item. Vice Mayor Claycomb asked staff to clarify the ownership of the property, thinks there is a little bit of misinformation that the City owned that property and has now given it to developers. Mark Elder Office of Economic Development stated the developer acquired the majority of the land shown in red. Stated the City sold a small parcel to the developer in exchange with this triangle up on the north, so this large area here was all acquired privately by the developer was not ever sold to the developer by the City. Public comments: 1) Celeste Racette stated she wants to clear up a misconception about this land swap. Stated she has a map of the land and the survey of the land that was swapped and the land that we owned as taxpayers of the City of Wichita is the prime riverfront land along the river that we gave up and gave to Jerry Jones and Dave Burke and Riverside 11 LLC, prime riverfront land that we got $15,000 for. Stated if you price it according to prime riverfront land, we should have gotten at least $200,000 in that land swap. Stated what they gave us was a section up here where they want a road into their development so the land the City got is inside this development where there will be a road. 2) Karl Peterjohn stated we have had many TIF subsidy districts come before the County Commission in the eight years he served as a City Commissioner and found all of them defective and urged the Council to look very closely because the City has a long history of these TIF subsidy districts. Stated if they really made sense, we should consider making much larger parts of the community TIF districts instead of having them for a few select small isolated areas. Stated the financials on TIF Districts do not sustain the argument to proceed with more of these subsidy districts. Stated there is a very specific few where the financials did justify it because of another unrelated construction project that happened to occur in the area, which was the TIF at Central and Hillside. Stated he would urge the Council to look at the financials for each and every one these before proceeding because if you legislate in haste, you can repent at leisure.  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 3) Myron Ackerman stated he became aware of this TIF over the weekend and he has a lot of questions. Stated acquisition or disposition of the land, has questions if that was properly handled legally and if proper legal notice was given. Stated there seems to be a decided lack of paperwork transparency to indicate how the Council has arrived at this point. Stated the streets in Riverside are inadequate to support 40 homes worth of additional traffic. Stated there are so many questions, there is a KORA that has not yet been answered and is very much concerned that you are moving ahead without proper notification and without legal procedures being followed and finds it difficult to believe that the people who live in this area wants this development. 4) Michael Carmody 1922 W. 12th Street, stated him and his family love living in Riverside and enjoy the greenspace. Stated he was unhappy of hearing the absurd proposal to build 40 large houses on this land, spaced only seven feet apart right outside his front door in one of Wichita's most beloved and quaint historic neighborhoods. Stated he finds this proposal entirely unacceptable and objects to it for a number of reasons: 1) there is a lack of transparency in how the City and former Mayor Longwell appears to have set up this deal two years ago with little or no public involvement until after the fact and 2) objects to the idea of establishing a TIF to pay for this project which according to the report, commissioned by the developers themselves requires extensive civil engineering to truck in tons of dirt, install an entire storm water drainage system, a whole sanitary sewer system, pumping station, entirely new roads, utility upgrades and more. Stated the developers on this project, are not gentlemen who have a hard time raising their own capital and if they want so badly to develop this ill-suited property, they should have no problem getting the financing together on their own without the taxpayers of the City taking a gamble. Stated he objects to the City even considering allowing a development that would bring between 60 and 100 additional cars to a block that is not directly accessible to the nearest major artery, especially when they haven't come up with a permanent solution to manage the traffic at 13th Street and Perry. Stated he objects strenuously, to the transparently feeble report by the firm which the City has accepted as evidence that this land is blighted in order to qualify for a TIF. Stated it is a huge stretch of the imagination to deem this land, which is cleaner and safer than nearby Riverside park, blighted and there is only one reason anyone would do so; to get the taxpayers to flip the bill for a development that degrades the quality of life for everyone in the area using a public financing system that is intended to do just the opposite. Stated nothing about this project is right for Riverside or for the taxpayers of Wichita at large and urged the Council and Mayor Whipple to reject any further consideration of approval for this project. 5) Justin Arbuckle 1225 N. Coolidge, stated one of the best things about Riverside is the open greenspace and the neighborhood. Stated he is here of a resident of the neighborhood to echo the concerns of the loss of this greenspace. Stated he would have no issues to improvements to it as a community greenspace but the idea of cramming 40 houses on to this amount of space is something he is concerned with and the additional amount of traffic in the neighborhood. 6) Allen Trenary stated he is a member at large of the North Riverside Neighborhood Association and vehemently opposes doing this in his neighborhood. Stated it speaks of greed. 7) Caroline Baldwin 1920 West 12th Street, stated she has a view of the area in question, it is lovely at this time and would like to keep it that way. Stated the idea that this would highjack the charm of the neighborhood for your projects is outrageous. Stated these 40 houses would be detrimental to the charm of Riverside. 8) Sybil Strum 326 N. Walnut Street stated you shouldn't mess up Riverside, it's a landmark and is historical.  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Council Member Frye stated he heard a lot of comments during the public portion of this and thinks it is important that we explain some things to the public. Stated this is not public land and heard many times, multi-purpose public greenspace. Stated this was privately owned property that had an abandoned hospital on it that this group has torn down and prepared it for this next phase. Stated it was never public land and it is their right to do this if this is what they want to do. Stated there are no new tax dollars put on the public with TIFs; it is the incremental value of the property as it increases in value, is captured to use for this project. Stated there is a personal guarantee on this TIF by the development group, if it doesn't make the Performa, they have to cover it; no costs to the taxpayers. Stated he heard a few times if we are handling this process properly; yes. Stated this is the first reading, the next phase of this goes to staff to develop the final development agreement to come back to Council for approval. Stated this is the public hearing and there is opportunity to continue to weigh in and to continue to do due diligence to find out everything that is going on with it and to make sure we are crossing all of our T's and dotting all of our I's. Stated he understands how the neighborhood feels it is their personal property there, but it is not, it is privately held and this is the process that we have for projects like this. Vice Mayor Claycomb asked staff to again explain the land swap. Stated people are confused about the private property versus City property and what is on the river and what is not. Stated we brought this land together to help create this park property, which would not have been possible without this land swap. Mark Elder Office of Economic Development stated the developers purchased that large triangle shown on the screen, privately and the City was not involved in that. Stated his understanding is that they approached either the City's Property Management or the Park Department to discuss swapping out land to allow for a better clearer development for their project and during those negotiations they decided to echo the decision to include an extra $15,000 for them to acquire that piece but the large piece where you see the building still on this aerial, was purchased by the developers privately and then they approached the City as the adjoining neighbors to that parcel to see if there was a way to swap that land in order to have a better developable parcel for this project. Vice Mayor Claycomb stated it also then allowed us to have a better developable parcel for a City park. Mark Elder Office of Economic Development stated yes, it allows us on that north end to develop a trailhead to use on that river path that they can now exit off and rest and use that as a park there. Vice Mayor Claycomb stated she is glad we were able to clear up some of the misinformation today. Stated this housing project of single-family homes, will provide improvements to a neighborhood trailhead City park and to the adjacent river path and the cost of these improvements as we pointed out, will be funded by incremental property taxes generated by this specific housing addition. Stated it does not raise tax rates on any of the surrounding properties, there are no financial costs to the surrounding neighborhood and the City of Wichita Park Department will engage the neighborhood to gather input on the desired park amenities on that trailhead park. Stated over the years she has received numerous complaints about this property prior to the proposed development and thinks people may have forgotten about that because the building has been torn down for a while and those complaints have gone away. Stated from the prior use of the property, she used to get complaints about traffic, stickers in the grass making that property and the City Park right now unusable for any recreation. Stated people have talked about blight today but has received numerous complaints over the years about the trash, graffiti on the building when it was still there, about break-ins and camping on that property. Stated she wants to thank the Riverside neighborhood for their involvement with the builders and to the builders for listening to the neighborhood's concerns. Stated there is no requirement for this type of engagement for the neighborhood  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 on a project like this but the builders attended numerous meetings and gathered neighborhood feedback. Stated there are at least seven neighborhood meetings focused on this housing project and the meetings focused on preventing over development of this property. Stated as a result of the feedback, the builders changed their concept from for rent duplexes and a potential apartment tower, to for sale single-family homes and thinks people ought to know that if the properties are not developed with these single-family homes, someone else could purchase the property from these owners and they could build an apartment complex, they could put a wireless communication facility on the property, they could put an asphalt plant or other commercial or industrial uses on this property with no zoning changes. Stated this use of single- family homes, protects this neighborhood from more aggressive or more industrial uses. MOTION: Vice Mayor Claycomb moved to take public comment, close the public hearing, and hold the first reading of the Ordinance until such time as a Development Agreement has been finally negotiated and presented to the City Council. Motion carried 5 to 0, (Nay: Whipple, Absent: Clendenin). 2.) A20-05: PUBLIC HEARING TO CONSIDER REQUEST FOR DE-ANNEXATION OF A PORTION OF WEST 37TH STREET NORTH RIGHT-OF-WAY AND DE-ANNEXATION OF A PORTION OF NORTH MAIZE ROAD RIGHT-OF-WAY. Attachment: Agenda Report No. V-2.docx Attachment: A20 05 -Deannexation of Land Motion.docx Attachment: A20 05 -Deannexation Petition.docx Attachment: A20 05 -Deannexation Maintenance Agreement.pdf Attachment: A20 05 -Deannexation Publication Notice.pdf Attachment: A20 05 -Deannexation Map.pdf Attachment: Ordinance 51-369 Scott Wadle Planning Director, reported on the item. MOTION: Mayor Whipple moved to conduct the hearing on the petition for de-annexation, make appropriate findings and either deny or grant the petition. Council Member Frye stated we need to be clear on the motion, are we granting or denying the petition. Scott Wadle Planning Director stated staff's recommendation is to grant the petition. Mayor Whipple stated staff's recommendation was to either deny or grant the petition but the recommendation now is to grant the petition. Vice Mayor Claycomb asked Mayor Whipple to repeat his motion.  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Mayor Whipple stated he needs clarification on what the recommended action is, his motion was based on staff's recommended action as printed which is to either grant or deny the petition, it seems like staff's recommendation is to grant the petition and therefore will clarify that his motion is to take out the word deny. Council Member Frye stated staff is asking us to make the determination, whether or not we want to grant it or deny it and that is what the motion should include. Bob Layton City Manager stated it is the staff's recommendation to grant the petition. Mayor Whipple stated he will restate his motion. MOTION: Mayor Whipple moved to conduct the hearing on the petition for de-annexation, make appropriate findings and grant the petition. Motion carried 6 to 0, (Absent: Clendenin). 3.) AMENDMENTS TO SPEED LIMIT ORDINANCE, SECTION 11.96.010. Attachment: Agenda Report No. V-3.doc Attachment: Delineated Ordinance Attachment: Ordinance 51-370 Gary Janzen Public Works Engineering Department, reported on the item. (No public comments) MOTION: Mayor Whipple moved to place the amending ordinance on first reading and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Clendenin). 4.) WHOLESALE WATER SERVICE AGREEMENT WITH THE CITY OF DERBY. Attachment: Agenda Report No. V-4.doc Attachment: Agreement.pdf Penny Feist Department of Public Works and Utilities, reported on the item. (No public comment) Council Member Frye stated he has no objection to Derby's request but his question is more for our internal modeling as it relates to projected user rates with our northwest water treatment financing; did we account for this possibility that Derby might draw their own water in the future and not pay as much.  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Penny Feist Department of Public Works & Utilities stated that is the intention of the change in take or pay to kind of introduce the consistency of the amount in the revenue collected from Derby, so it was considered. Stated we are also planning to undergo a cost of service analysis for utility next year, which will also help us bring all of this into the picture. MOTION: Mayor Whipple moved to approve the wholesale water service agreement with the City of Derby and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Clendenin). 5.) QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2020. Attachment: Agenda Report No. V-5.doc Mark Manning, Department of Finance, reported on the item. (No public comment) Vice Mayor Claycomb thanked staff for the presentation and thinks this is really important information that we all need and if we are going to miss a forecast, would rather miss a forecast in revenue than expenses at this point. Mayor Whipple asked staff why he thinks sales tax is well performing, are we getting sales tax from Amazon? Mark Manning Department of Finance stated we have several theories on that. Stated sales tax is difficult for us because the state has all the data and they don't share a lot of it with us for confidentiality reasons. Stated we have speculated at the staff level, people are still buying groceries during the pandemic which is subject to the sales tax and a variety of necessities. Stated we also believe that there is a shift in consumer spending from items that are typically not taxable which is primarily services and things of that nature to more durable goods. Stated people are building home offices which is taxable, people are not going to movie theaters, which is not taxable and believe that there is a shift in consumption areas that are subject to the sales tax. Stated those are our two primary theories but cannot really answer your question with any certainty. Mayor Whipple regarding golf, some folks in the golfing community have heard that there may be some furloughs of employees, which will affect golf or the ability to access golf facilities. Bob Layton City Manager stated we have looked at the request from members of the golf committee and at this point, we are anticipating that we will follow the model that was adopted this past year at that is at least through the end of this year, we will continue with the furloughs that are planned. Stated whether or not we will need to continue those into 2021; we don't know yet. Stated we need about $250,000 in fund balance in order for us to get through the early part of 2021 when rounds are down and we want to make sure that we are in a good financial position to be able to cover those costs when we don't have enough revenue coming in. Stated we do not want to get back into a deficit position and the general fund is not in the position to be able to cover any debt deficits. Stated right now we haven't changed the model, but we will continue to watch it closely as we move into the start of next year.  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Mayor Whipple asked if there is risk in not allowing golf to produce more money if you furlough employees or will golf still be able to move forward and hopefully still be able to make it financially. Bob Layton City Manager stated staff's projections show that the reason we are in a surplus right now is because we control the expenses. Stated we saw a jump in revenues once we reopened the courses but it is really the expenditure control that got us to this position financially. Stated we anticipated four weeks of furloughs; we would have two weeks of furloughs through the end of the year and will make a determination on the other two weeks after we get into 2021. MOTION: Mayor Whipple moved to receive and file the Quarterly Financial Report for the quarter ended September 30, 2020. Motion carried 6 to 0, (Absent: Clendenin). 6.) ORDINANCE AMENDING SECTION 2.04.035 PERTAINING TO SIGNING OF CITY DOCUMENTS. Attachment: Agenda Report No. V-6.docx Attachment: Declaration of Emergency-Signing of Documents.docx Attachment: Delineated Ordinance.docx Attachment: Ordinance No. 51-377.docx Tim Goodpasture Office of Economic Development, reported on the item. (No public comment) Council Member Blubaugh asked if there is a sunset on this. Sharon Dickgrafe Law Department stated no there is not a sunset but it could be amended from the bench to have a sunset. Stated this authority has been in place, the changes are allowing this delegation to also be used for ordinances as well as other documents that would require a notary. Stated this power has existed for other documents for a number of years. Mayor Whipple stated he thought that we already had something in place that would allow him to designate someone else to sign and asked staff to explain the difference. Stated it is his experience when you amend an ordinance you draw a line through the old language and have new language so it is very clear what is being changed. Tim Goodpasture Office of Economic Development stated yes this has existed but the primary change is that in the existing ordinance, the Mayor can declare to have someone else sign, the City Manager or City Clerk but that does not apply to ordinances. Stated a lot of transactions that we are facing and are coming up do utilize ordinances, so we are amending the ordinance to allow for delegation of the authority to sign for ordinances as well as other documents. Mayor Whipple asked what other documents besides ordinances can merit.  Page 10 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Sharon Dickgrafe Law Department stated the only other set of documents that are being allowed to be delegated into this particular ordinance change are those that would require a notary. Stated previously the Mayor could not delegate something that would require a notarized signature or an ordinance. Stated these changes would allow you to delegate in writing to the City Manager, to execute those particular documents. Stated the delegation has to be in writing and has to be filed with the City Clerk. Bob Layton City Manager stated in answer to the question on sun setting, he would not object if the Council wanted to sunset this maybe after the first quarter of next year. Stated we are doing this simply because of the situation we are in right now and it is possible that it could happen again between now and when a vaccine is produced and distributed. Stated we have not needed this until this time and if you want to sunset it, doesn't think that would be problematic. Vice Mayor Claycomb stated she is looking at the delineated ordinance and knows it is already in this ordinance but it says the delegation of authority shall be in writing under oath and filed with the City Clerk and asked if we can do that all electronically. Sharon Dickgrafe Law Department stated yes, the last section of the ordinance allows electronic signatures and facsimile signatures, so that could be all done electronically and filed with the City Clerk's office. Mayor Whipple stated he is a little worried about this because he does not foresee when he will not being able to sign an ordinance as Mayor. Stated his concern is more the division of power between our form of government where an ordinance reflection of the policy side, while the administrative side is its own branch that is run by the Manager, would feel it would be more appropriate to have an ordinance that would empower another elective such as the Vice Mayor. Stated he is concerned with the language in our form of government that clearly defines the two sides, what policy is and what is administrative and here ordinances are a result of the policy side but they would be signing under the head of the administrative side. Stated he is concerned with the practicality of it but would be interested in a more legal side of it being able to look at this further. Tim Goodpasture Office of Economic Development stated currently the Vice Mayor can also sign documents. Stated the rationale here is to be able to delegate the authority to the City Manager of the City Clerk because looking at the situation we are in today, where the entire City Council is in quarantine for a period of two weeks and needing to get documents signed during that time frame and being able to access the City Manager and or the City Clerk, hoping that one of those two individuals is not in quarantine as well is the rationale behind the amendment being proposed. Council Member Frye stated because of the way the staff designated quarantine went down, it seems like this doesn't make sense because everyone that is listed here would be under the quarantine order as well. Stated he agrees with the Mayor, we need to keep the separation and would like to see more of a succession planning and when we exhaust all of those opportunities for signature before it goes anywhere else and thinks between the seven of us we would be able to figure that out. Mayor Whipple stated we could have a COVID safe way to get these documents signed and doesn't think this is a problem yet considering the weight of our governmental and is thinking about tabling this until the next meeting to see if there is something we could work out to solves the problem while still maintaining a division where ordinances are signed by someone who is elected.  Page 11 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Council Member Tuttle stated she is using this in a worst case scenario and appreciates you being thoughtful of saying that you could hand sanitize and have the documents sanitized and pass them back but what happens if the Mayor, Vice Mayor or any of us are too sick to be able to do that. Stated this is something that needs to be addressed because right now we are all in quarantine and we are all healthy and praying for Council Member Johnson to get healthy but it is a timely issue to be able to do something and looks forward to more discussion on whether it should stay within the elected or go to the administrative. Mayor Whipple stated the democratic side of our process here, thinks that there are seven of us elected here and thinks that any one of us should be able to sign off on an ordinance before an unelected because we are the policy side, that's my perspective with this and thinks we might even get some court challenges where we can delegate the powers of the elected to non-elected. Stated he is not sure if that is not constitutional delegation of power or not. Vice Mayor Claycomb stated she thinks that Council Member Frye's idea of having a succession plan before we get to administrative would be a good idea. Stated we have the process for that set up and adding that to this ordinance would be a logical step. Stated she supposed there could be a time when all seven of us were incapacitated for some reason, but it would be very extreme because we would have to go through seven of us. Council Member Frye stated we have bigger problems at a bond closing. Bob Layton City Manager stated we have no problem with you tabling this and is not sure if it has to be tabled for just one week. Stated staff has been trying to work on another approach so if we can find another way to make this work; we don't want to turn everything upside down and understands what Council Member Frye talked about which will give us a little time to work through that and bring something back to you that can address this on a more structural or permanent basis. Mayor Whipple asked staff if it would be better for the motion to send the ordinance back to staff or would it be to table. Bob Layton City Manager stated you could table this indefinitely or you could reject it and we could bring something back at a later date. MOTION: Mayor Whipple moved to table the item. Motion carried 6 to 0, (Absent: Clendenin). COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VII) NON-CONSENT HOUSING AGENDA - NONE  Page 12 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 AIRPORT AGENDA VIII) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments - none. Council Member Tuttle stated every year for the last several years she has had the honor of speaking at the City Clerks and Municipal Finance Officers Association institute and this year they graciously asked her to serve as the graduation speaker for their virtual graduation on Thursday to help celebrate the 19 clerks who have completed 120 hours of additional education. Stated when she was preparing and getting ready for her ritual presentation, she learned that our own City Clerk, is the president of this association for this year and congratulated her for that. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 6 to 0, (Absent: Clendenin). The meeting was adjourned at 11:11 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 13 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 21 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 November 10, 2020 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 11-10-20.pdf b.) Preliminary Estimate for paving to serve Brookfield Addition Phase 3A Attachment: NTBA PEs Brookfield Addn.pdf c.) Preliminary Estimate for paving to serve Valencia Addition Phase 3. Attachment: NTBA PEs Valencia Addn.pdf 3) AGREEMENTS/CONTRACTS: a.) Contract for Gilbert and Mosley Groundwater Contamination Site Project and Monitoring Well Program. (Districts I, III and VI) Attachment: Agenda Report No. II-3a.docx Attachment: BGS 2020 GM MW Contract.pdf 4) DESIGN SERVICES AGREEMENTS: a.) Supplemental Design Agreement No. 1 for Improvements to Estancia 2nd Addition. (District V) Attachment: Agenda Report No. II-4a.docx Attachment: SDA No. 1 Estancia.pdf b.) Supplemental Design Agreement No. 2 for Improvements to Jackson Heights Addition. (District II) Attachment: Agenda Report No. II-4b.docx Attachment: SDA No. 2 Jackson Heights.pdf  Page 14 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 5) MINUTES OF ADVISORY BOARDS/COMMISSIONS: Wichita Transit Advisory Board, September 16, 2020 UNCATEGORIZED ITEMS: 6.) AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS: NORTHGATE 4TH ADDITION. (DISTRICT VI) Attachment: Agenda Report No. II-6.doc Attachment: Respread Agreement Attachment: Ordinance 51-371 Attachment: Summary Ordinance 51-371 7.) OCTOBER 2020 MONTHLY REPORT OF CONTRACTS AND AGREEMENTS. Attachment: October 2020 Contracts and Agreements.pdf 8.) SETTLEMENT OF CLAIM. Attachment: Agenda Report No. II-8.docx Attachment: NIC Settlement Agreement 9.) POOLED FUNDS INVESTMENT POLICY. Attachment: Agenda Report No. II-9.doc Attachment: Pooled Funds Investment Policy.docx 10.) FIRST READING OF THE BOND ORDINANCE TO ISSUE INDUSTRIAL REVENUE BONDS, WESLEY MEDICAL CENTER, LLC. (DISTRICT I) Attachment: Agenda Report No. II-10.doc Attachment: Ordinance 51-372.docx 11.) PURCHASE OPTION, COLEMAN. (DISTRICT I) Attachment: Agenda Report No. II-11.docx Attachment: Resolution 20-366 and Transfer Docs  Page 15 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 12.) PURCHASE OPTION, INDUSTRIAL REVENUE BONDS, C & C DEVELOPMENT/ATLAS AEROSPACE, LLC DBA PRODUCT MANUFACTURING COMPANY. (DISTRICT IV) Attachment: Agenda Report No. II-12.doc Attachment: Resolution 20-367 and Transfer Docs 13.) LEON ROBINSON PARK PLAYGROUND VENDOR SELECTION. (DISTRICT III) Attachment: Agenda Report No. II-13.docx Attachment: Contract.pdf 14.) 2020-2021 FEDERAL VICTIMS OF CRIME ACT (VOCA) GRANT. Attachment: Agenda Report No. II-14.doc Attachment: VOCA Grant Assurances for FY 2021.pdf 15.) PAYMENT FOR SETTLEMENT OF CLAIM. Attachment: Agenda Report No. II-15.docx Attachment: Resolution 20-368 16) SECOND READING ORDINANCES: Second Reading Ordinances (first read November 3, 2020) Attachment: List of Second Reading Ordinances 11-10-2020.docx II) CONSENT PLANNING AGENDA ITEMS 17.) SUB2020-00033 -- PLAT OF MEL HAMBELTON 3RD ADDITION LOCATED 300 FEET SOUTH OF WEST KELLOGG DRIVE, ONE-HALF MILE EAST OF SOUTH 119TH STREET WEST. (DISTRICT IV) Attachment: Agenda Report No. II-17.docx Attachment: Supporting Documents 18.) ZON2020-00031: CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO GC GENERAL COMMERCIAL TO ALLOW DEVELOPMENT OF AN RV CAMPGROUND ON PROPERTY LOCATED EAST OF SOUTH BROADWAY AVENUE AND SOUTH OF EAST 47TH STREET SOUTH, 5130 SOUTH BROADWAY. (DISTRICT III) Attachment: Agenda Report No. II-18.docx  Page 16 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 Attachment: Excerpt of MAPC Minutes -September 24, 2020 - ZON2020-31.docx Attachment: ZON2020-31 DAB Report.pdf Attachment: RV Park Site Plan.pdf Attachment: Ordinance 51-373 19.) ZON2020-00032: CITY ZONE CHANGE FROM B MULTI-FAMILY TO GO GENERAL OFFICE ZONING DISTRICT, GENERALLY LOCATED SOUTH OF EAST CENTRAL AVENUE ON THE WEST SIDE OF NORTH HILLSIDE AVENUE AT THE SOUTHWEST CORNER OF EAST 3RD STREET AND NORTH HILLSIDE AVENUE. (DISTRICT I) Attachment: Agenda Report No. II-19.doc Attachment: Excerpt Minutes of October 8, 2020 MAPC ZON2020-32.docx Attachment: Memo to MAPC and City Council_ZON2020-00032.docx Attachment: Ordinance 51-374 20.) ZON2020-00034: CITY ZONE CHANGE FROM MF-29 MULTI-FAMILY RESIDENTIAL TO LC LIMITED COMMERCIAL ZONING DISTRICT, GENERALLY LOCATED 775 FEET WEST OF SOUTH SENECA STREET ON THE NORTH SIDE OF WEST MCCORMICK AVENUE. (DISTRICT IV) Attachment: Agenda Report No. II-20.doc Attachment: Excerpt Minutes of October 8, 2020 MAPC ZON2020-34.docx Attachment: DAB Report for MAPD on ZON2020-00034.pdf Attachment: Ordinance 51-375 21.) ZON2020-00035: CITY ZONE CHANGE FROM LC LIMITED COMMERCIAL TO GC GENERAL COMMERCIAL TO ALLOW VEHICLE SALES ON PROPERTY GENERALLY LOCATED SOUTH OF EAST KELLOGG DRIVE AND EAST OF SOUTH CYPRESS DRIVE, 9045 EAST KELLOGG DRIVE. (DISTRICT II) Attachment: Agenda Report No. II-21.docx Attachment: DAB 10-12-2020.pdf Attachment: Excerpt of MAPC Minutes -October 8, 2020 - ZON2020-35.docx Attachment: Ordinance 51-376  Page 17 CITY COUNCIL PROCEEDINGS NOVEMBER 10, 2020 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE