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City Council Meetings

Regular Meeting

Wichita, KS · November 24, 2020

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Minutes

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 24, 2020 Tuesday, 09:30 AM The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Becky Tuttle, Brandon Johnson, Bryan Frye, Jeff Blubaugh, and James Clendenin. Staff Members Present: Robert Layton, City Manager, Jennifer Magana, Director of Law, and Jamie Buster, Deputy City Clerk. Mayor Whipple called the meeting to order at 9:30 a.m. Approve the minutes of regular meeting on November 10, 2020 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on November 10, 2020. Motion carried 7 to 0. II) CONSENT AGENDA ITEMS 1 THROUGH 25 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 25 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 November 23, 2020. Attachment: 11-23-2020 Board of Bids.pdf Hannah Lang, Department of Finance, reviewed the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL AGENDA IX) COUNCIL MEMBER AGENDA - NONE X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 1.) Board Appointments. Council Member Tuttle stated that yesterday was National Public Health Thank You Day. Stated on the Monday before Thanksgiving annually public health officials across the nation take a moment to pause and thank each other for the great work that they do. Stated that even though it was yesterday she wanted to give a shout out to all of the public health professionals in our community especially during COVID. Stated she has heard the words public health more in the last nine months than in the last 20 years that she has been in the field. Stated thank you to everyone who is working tirelessly in the public health profession to keep our community safe. Council Member Johnson stated he wants to highlight that Thanksgiving is this week and wish everyone a Happy Thanksgiving. Stated he wants to encourage everyone to not gather. Stated he knows it's tough and it's a difficult decision but with the numbers being what they are and with the risk of the possible spread of COVID this is a good year to innovate and have some virtual Thanksgiving celebrations. Stated he wants to encourage us all to be mindful this year. RECESS Mayor Whipple stated we will recess the City Council meeting to go into workshop and then when the workshop is over come back to the City Council meeting as we have an Executive Session. RECONVENE The City Council meeting reconvened at 11:05 a.m. EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 15 minutes to receive information on an offer of settlement pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney which would be deemed privileged in the attorney-client relationship pending litigation and for legal advice. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 11:10 a.m. and end at 11:25 a.m. the meeting will resume in Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 11:30 a.m. No action was taken as a result of the Executive Session. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 4 to 0, (absent: Vice Mayor Claycomb, Council Member Frye, and Council Member Blubaugh). Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 The meeting was adjourned at 11:30 a.m. Respectfully submitted, Jamie Buster, MPA, CMC Deputy City Clerk Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 25 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses to Retail Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBS FOR NOV 24.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEsforCC_11-24-20.pdf b.) Preliminary Estimates for paving improvements to serve Sandcrest 4th Addition Attachment: NTBA Paving Sandcrest Addn.pdf 3) Petitions for Public Improvements: a.) Petition for Improvements to Serve Reynolds Addition. (District II) Attachment: Agenda Report No. II-3a Attachment: Supporting Documents Attachment: Resolution 20-370 b.) Petitions for Improvements to Serve Fox Run Addition. (District IV) Attachment: Agenda Report No. II-3b Attachment: Supporting Documents Attachment: Resolution 20-371 (029856) Attachment: Resolution 20-372 (029860) Attachment: Resolution 20-373 (085451) Attachment: Resolution 20-374 (085452) Attachment: Resolution 20-375 (085655) c.) Petitions for Improvements to Serve NewSpring Commercial Addition. (District II) Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 Attachment: Agenda Report No. II-3c Attachment: Supporting Documents Attachment: Resolution 20-376 (027531) Attachment: Resolution 20-377 (027533) Attachment: Resolution 20-378 (027536) Attachment: Resolution 20-379 (027537) Attachment: Resolution 20-380 (085652) d.) Revised Petition for Improvements to Serve The Villas at Oak Creek. (District II) Attachment: Agenda Report No. II-3d Attachment: Supporting Documents Attachment: Resolution 20-381 4) Agreements/Contracts: a.) Renewal of the Contract – Kansas Department of Health and Environment Air Quality Program Grants. Attachment: Agenda Report No. II-4a Attachment: Contract.pdf 5) Property Acquisitions: a.) (PULLED PER CITY MANAGER 11/20/2020) Partial Acquisition of Right-of-Way and Temporary Construction Easement at 2452 North Hoover for the Hoover Road Multi-Use Path Project. (District VI) 6) Minutes of Advisory Boards/Commissions: Design Council September 14, 2020 Library Monthly Activity Report October 2020 MABCD Board of Appeals, October 1, 2020 Design Council October 5, 2020 Board of Park Commissioners, October 12, 2020 Library Board of Directors, October 20, 2020 Uncategorized Items: 7.) State Farm Safety Grant. Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 Attachment: Agenda Report No. II-7 8.) Over Estimate Bid for Stormwater Pump No. 2 at Pump Station No. 3 Repairs. Attachment: Agenda Report No. II-8 Attachment: Revised Bid Tab Summary.pdf 9.) Agreement to Respread Assessments: The Villas at Oak Creek 2nd Addition. (District II) Attachment: Agenda Report No. II-9 Attachment: Respread Agreement.pdf Attachment: Ordinance 51-378 Attachment: Ordinance Summary 51-378 10.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Wichita Downtown Hotel, LLC – Hilton Garden Inn. (District I) Attachment: Agenda Report No. II-10 Attachment: Ordinance 51-379 11.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Spirit AeroSystems, Inc. (District III) Attachment: Agenda Report No. II-11 Attachment: Termination Documents - Series 2009.docx Attachment: Termination Documents - Series 2010.docx Attachment: Ordinance 51-380 12.) Partial Loan Forgiveness Request, Home Repair Program. (District IV) Attachment: Agenda Report No. II-12 13.) 2019 Community Services Block Grant Budget Adjustment. Attachment: Agenda Report No. II-13 Attachment: CSBG Budget Adjustment 14.) 2021-2023 Kansas Special Traffic Enforcement Program (STEP) Agreement. Attachment: Agenda Report No. II-14 Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 15.) Federal S.T.O.P. Violence Against Women Grant Application. Attachment: Agenda Report No. II-15 16.) Amendment to CARES Act Funding Agreement for United Way of the Plains, Inc.; COVID- 19 Hotel/Motel Isolation Program Attachment: Agenda Report No. II-16 Attachment: 1st Amendment United Way COVID Hotel-Motel Isolation Program.docx 17) Second Reading Ordinances: a.) Second Reading Ordinances (first read November 10, 2020) Attachment: List of Second Reading Ordinances 11-24-2020.docx II) CONSENT PLANNING AGENDA ITEMS 18.) A20-06: Consideration of the Annexation Request for a Portion of North Maize Road; Generally Located Between West 29th Street North and West 37th Street North. (District V) Attachment: Agenda Report No. II-18 Attachment: A20 06 -Map Sheet.pdf Attachment: Ordinance 51-381 19.) SUB2020-00035 -- Plat of Coyote Ranch Addition Located on the East Side of North 143rd Street East, One-Quarter Mile South of East 21st Street North. (County) Attachment: Agenda Report No. II-19 Attachment: Application for Water Services 20.) VAC2020-00035 – City Vacation of a Five-Foot Building Setback to Allow Development of a Neighborhood Pool; Generally Located Within One-Half Mile South of East 31st Street South and Within One-Half Mile East of South Rock Road. (District II) Attachment: Agenda Report No. II-20 Attachment: VAC2020 35 -MAPC Min Excerpt.docx Attachment: VAC2020 35 -Vacation Order.docx 21.) VAC2020-00036 – City Vacation to Revise the Text for Permitted Uses on a Reserve to Allow Development of a Neighborhood Pool; Generally Located Within One-Half Mile South of West 29th Street North and Within One-Quarter Mile East of North Hoover Road. (District V) Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 24, 2020 Attachment: Agenda Report No. II-21 Attachment: VAC2020 36 -MAPC Min Excerpt.docx Attachment: VAC2020 36 -Vacation Order.docx 22.) VAC2020-00037 – City Vacation of a Platted Utility Easement and Drainage Easement for Construction of a Private Pool; Generally Located Within One-Quarter Mile of North 143rd Street East and Within One-Half Mile South of East 21st Street North, 1901 North Woodale. (District II) Attachment: Agenda Report No. II-22 Attachment: VAC2020 37 -Vacation Order.docx Attachment: VAC2020 37 -MAPC Min Excerpt.docx 23.) VAC2020-00038 – City Vacation of Access Control and Portions of a Platted Reserve for Driveway Access; Generally Located on the West Side of North 159th Street East and Within One-Half Mile south of East 21st Street North. (District II) Attachment: Agenda Report No. II-23 Attachment: VAC2020 38 -Vacation Order.docx Attachment: VAC2020 38 -MAPC Min Excerpt.docx 24.) VAC2020-00039 – City Vacation of a Portion of a Platted Floodway Easement to Construct an In-Ground Pool on Property Zoned SF-5 Single-Family Residential; Generally Located South of East Kellogg and One-Quarter Mile West of South 143rd Street East, 13930 East Lakeview Drive. (District II) Attachment: Agenda Report No. II-24 Attachment: VAC2020 39 -MAPC Min Excerpt.docx Attachment: VAC2020 39 -Vacation Order.docx II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 25.) Clemens Aviation, LLC, Supplemental Agreement No. 1, Colonel James Jabara Airport. Attachment: Agenda Report No. II-25 Attachment: Supplemental Agreement No. 1

Agenda

AGENDA CITY COUNCIL Tuesday, November 24, 2020 9:30 AM The regular meeting of the City Council will be held on November 24, 2020 at 9:30 AM in the Council Chambers 455 N. Main Street, Wichita, KS 67202. OPENING OF REGULAR MEETING Call to Order Approve the minutes of regular meeting on November 10, 2020 II. CONSENT AGENDA ITEMS 1 THROUGH 25 NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the “Consent Agendas” and considered separately (The Council will be considering the City Council Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas. Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all Consent Agenda Items. COUNCIL BUSINESS III. BOARD OF BIDS AND CONTRACTS 1. Report of Board of Bids and Contracts dated November 23, 2020. RECOMMENDED ACTION: Receive and file report, approve the contracts and authorize the necessary signatures. 11-23-2020 Board of Bids.pdf COUNCIL AGENDA IX. COUNCIL MEMBER AGENDA - NONE X. COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1. Board Appointments. RECOMMENDED ACTION: Approve the appointments. ADJOURNMENT City Council Page 2 November 24, 2020 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 25 II. CITY COUNCIL CONSENT AGENDA ITEMS 1. Applications for Licenses to Retail Cereal Malt Beverages: a. Applications for Licenses to Retail Cereal Malt Beverages: RECOMMENDED ACTION: Approve licenses subject to staff review and approval. CMBS FOR NOV 24.docx 2. Preliminary Estimates: a. List of Preliminary Estimates. RECOMMENDED ACTION: Receive and file. PEsforCC_11-24-20.pdf b. Preliminary Estimates for paving improvements to serve Sandcrest 4th Addition RECOMMENDED ACTION: Receive and file. NTBA Paving Sandcrest Addn.pdf 3. Petitions for Public Improvements: a. Petition for Improvements to Serve Reynolds Addition. (District II) RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution, and authorize the necessary signatures. Agenda Report No. II-3a Supporting Documents Resolution 20-370 b. Petitions for Improvements to Serve Fox Run Addition. (District IV) RECOMMENDED ACTION: Approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Agenda Report No. II-3b Supporting Documents Resolution 20-371 (029856) Resolution 20-372 (029860) Resolution 20-373 (085451) Resolution 20-374 (085452) Resolution 20-375 (085655) City Council Page 3 November 24, 2020 c. Petitions for Improvements to Serve NewSpring Commercial Addition. (District II) RECOMMENDED ACTION: Approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Agenda Report No. II-3c Supporting Documents Resolution 20-376 (027531) Resolution 20-377 (027533) Resolution 20-378 (027536) Resolution 20-379 (027537) Resolution 20-380 (085652) d. Revised Petition for Improvements to Serve The Villas at Oak Creek. (District II) RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution, and authorize the necessary signatures. Agenda Report No. II-3d Supporting Documents Resolution 20-381 4. Agreements/Contracts: a. Renewal of the Contract – Kansas Department of Health and Environment Air Quality Program Grants. RECOMMENDED ACTION: Approve the KDHE contract and authorize the necessary signatures. Agenda Report No. II-4a Contract.pdf 5. Property Acquisitions: a. (PULLED PER CITY MANAGER 11/20/2020) Partial Acquisition of Right-of-Way and Temporary Construction Easement at 2452 North Hoover for the Hoover Road Multi-Use Path Project. (District VI) 6. Minutes of Advisory Boards/Commissions: Design Council September 14, 2020 Library Monthly Activity Report October 2020 MABCD Board of Appeals, October 1, 2020 Design Council October 5, 2020 Board of Park Commissioners, October 12, 2020 Library Board of Directors, October 20, 2020 City Council Page 4 November 24, 2020 RECOMMENDED ACTION: Receive and file. Uncategorized Items: 7. State Farm Safety Grant. RECOMMENDED ACTION: Authorize submission and acceptance of the FY 2021 State Farm Safety Grant- Good Neighborhood Citizenship Company Grant. Agenda Report No. II-7 8. Over Estimate Bid for Stormwater Pump No. 2 at Pump Station No. 3 Repairs. RECOMMENDED ACTION: Approve the project budget adjustments and authorize the necessary signatures. Agenda Report No. II-8 Revised Bid Tab Summary.pdf 9. Agreement to Respread Assessments: The Villas at Oak Creek 2nd Addition. (District II) RECOMMENDED ACTION: Approve the agreement, place the amending ordinance on first reading and authorize the necessary signatures. Agenda Report No. II-9 Respread Agreement.pdf Ordinance 51-378 Ordinance Summary 51-378 10. First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Wichita Downtown Hotel, LLC – Hilton Garden Inn. (District I) RECOMMENDED ACTION: Place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds for Wichita Downtown Hotel, LLC in an amount not to exceed $13,190,940 and authorize the necessary signatures. Agenda Report No. II-10 Ordinance 51-379 11. First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Spirit AeroSystems, Inc. (District III) RECOMMENDED ACTION: Place on first reading the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds for Spirit AeroSystems, Inc. in an amount not to exceed $30,000,000 and authorize the necessary signatures. Agenda Report No. II-11 City Council Page 5 November 24, 2020 Termination Documents - Series 2009.docx Termination Documents - Series 2010.docx Ordinance 51-380 12. Partial Loan Forgiveness Request, Home Repair Program. (District IV) RECOMMENDED ACTION: Approve the partial loan forgiveness request, subject to the sale closing within 90 days with payment of no less than $100 to be remitted to the City, and authorize the necessary signatures. Agenda Report No. II-12 13. 2019 Community Services Block Grant Budget Adjustment. RECOMMENDED ACTION: Approve the 2019 Community Services Block Grant (CSBG) request for budget adjustment. Agenda Report No. II-13 CSBG Budget Adjustment 14. 2021-2023 Kansas Special Traffic Enforcement Program (STEP) Agreement. RECOMMENDED ACTION: Review and authorize the submission of the grant application and authorize the necessary signatures. Agenda Report No. II-14 15. Federal S.T.O.P. Violence Against Women Grant Application. RECOMMENDED ACTION: Approve the grant application and authorize the necessary signatures. Agenda Report No. II-15 16. Amendment to CARES Act Funding Agreement for United Way of the Plains, Inc.; COVID-19 Hotel/Motel Isolation Program RECOMMENDED ACTION: Approve the contract amendment and authorize the necessary signatures. Agenda Report No. II-16 1st Amendment United Way COVID Hotel-Motel Isolation Program.docx 17. Second Reading Ordinances: a. Second Reading Ordinances (first read November 10, 2020) RECOMMENDED ACTION: Adopt the ordinances. List of Second Reading Ordinances 11-24-2020.docx II. CONSENT PLANNING AGENDA ITEMS City Council Page 6 November 24, 2020 NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is that additional hearing on zoning applications will not be conducted by the City Council unless a statement alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing. 18. A20-06: Consideration of the Annexation Request for a Portion of North Maize Road; Generally Located Between West 29th Street North and West 37th Street North. (District V) RECOMMENDED ACTION: Approve the annexation request, place the ordinance on first reading, authorize the necessary signatures and instruct the City Clerk to publish the ordinance after approval on second reading and in coordination with the Planning Department. Agenda Report No. II-18 A20 06 -Map Sheet.pdf Ordinance 51-381 19. SUB2020-00035 -- Plat of Coyote Ranch Addition Located on the East Side of North 143rd Street East, One-Quarter Mile South of East 21st Street North. (County) RECOMMENDED ACTION: Approve the document and plat and authorize the necessary signatures. Agenda Report No. II-19 Application for Water Services 20. VAC2020-00035 – City Vacation of a Five-Foot Building Setback to Allow Development of a Neighborhood Pool; Generally Located Within One-Half Mile South of East 31st Street South and Within One-Half Mile East of South Rock Road. (District II) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures. Agenda Report No. II-20 VAC2020 35 -MAPC Min Excerpt.docx VAC2020 35 -Vacation Order.docx 21. VAC2020-00036 – City Vacation to Revise the Text for Permitted Uses on a Reserve to Allow Development of a Neighborhood Pool; Generally Located Within One-Half Mile South of West 29th Street North and Within One-Quarter Mile East of North Hoover Road. (District V) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes City Council Page 7 November 24, 2020 required) and authorize the necessary signatures. Agenda Report No. II-21 VAC2020 36 -MAPC Min Excerpt.docx VAC2020 36 -Vacation Order.docx 22. VAC2020-00037 – City Vacation of a Platted Utility Easement and Drainage Easement for Construction of a Private Pool; Generally Located Within One-Quarter Mile of North 143rd Street East and Within One-Half Mile South of East 21st Street North, 1901 North Woodale. (District II) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures. Agenda Report No. II-22 VAC2020 37 -Vacation Order.docx VAC2020 37 -MAPC Min Excerpt.docx 23. VAC2020-00038 – City Vacation of Access Control and Portions of a Platted Reserve for Driveway Access; Generally Located on the West Side of North 159th Street East and Within One-Half Mile south of East 21st Street North. (District II) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures. Agenda Report No. II-23 VAC2020 38 -Vacation Order.docx VAC2020 38 -MAPC Min Excerpt.docx 24. VAC2020-00039 – City Vacation of a Portion of a Platted Floodway Easement to Construct an In-Ground Pool on Property Zoned SF-5 Single-Family Residential; Generally Located South of East Kellogg and One-Quarter Mile West of South 143rd Street East, 13930 East Lakeview Drive. (District II) RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order (simple majority of four votes required) and authorize the necessary signatures. Agenda Report No. II-24 VAC2020 39 -MAPC Min Excerpt.docx VAC2020 39 -Vacation Order.docx II. CONSENT HOUSING AGENDA ITEMS - NONE NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on the items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. A Housing Member is also seated with the City Council. City Council Page 8 November 24, 2020 II. CONSENT AIRPORT AGENDA ITEMS NOTICE: The City Council is meeting as the governing body of the Airport Authority for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion 25. Clemens Aviation, LLC, Supplemental Agreement No. 1, Colonel James Jabara Airport. RECOMMENDED ACTION: Approve the supplemental agreement and authorize the necessary signatures. Agenda Report No. II-25 Supplemental Agreement No. 1
City Council Meetings — Wichita, KS