City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 19, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, and Cindy Claycomb. 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 January 12, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on January 12, 2021 Motion carried 6 to 0. I) PUBLIC AGENDA 1.) Celeste Racette - CIP and CAFR Items of Concern. Celeste Racette stated during her research on City spending, she came across numerous examples of errors in the CAFR and CIP. Stated an $18 million dollar error in the 2018 CAFR is her biggest mistake found so far. Stated a request for proposal (RFP) is being drafted by City Manager Layton to privatize management of Century II. Stated we have been corresponding about this situation and is encouraged by this exchange and respectfully requests that she continues to have a voice with him in this matter. Stated she also requests that you stop the RFP process and instead take a wait and see approach. Stated the COVID pandemic has hit hard, none of us know when convention business will return as normal and whether live performances will come back. Stated until the vaccine has been rolled out to everyone, people will be cautious to gather in close quarters. Stated we need to stay flexible with a wait and see approach in these unprecedented times. Stated our employment is running over 70% and going into this year 300 employees have been laid off; 21 of them Century II staff. Stated City Manager Layton agreed with her in an email that this is not the time for development. Stated you have got to stop promoting Riverfront Legacy, further expansion funded by bond debt is not fiscally responsible. Stated several of our TIF District debts are falling behind, we are making interest and principle payments on an empty $50 million dollar ball stadium; more debt, more debt payments, tighter budget. Stated don't proceed with this RFP, stop the financial hemorrhaging until we are out one year, here is her suggested plan: 1) Hire some of the original 21 employees furloughed from Century II. City Manager Layton proposed to her that Century II will remain in place for a number of years and acknowledged as it would take several years to determine the new demand for conventions. Hire back some key employees who did preventions previously to provide just enough operational support and building maintenance for local car shows, garden shows and similar conventions; 2) the advantage of hiring back key staff gives you the flexibility  Page 2 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 to wait and see. Do not get locked into a private management agreement for one year or more, stay flexible. Once we sign a contract we seldom go back; 3) protect our public resource. Charter Ordinance No. 221 says the funding from the hotel guest tax should go to Century II and yet $4 million has been spent on Jim Korroch's private Fairfield Inn in WaterWalk. Brandon Steven got almost one million dollars for the Ice Center Rink and now says he desperately needs another one million dollars. Why does Visit Wichita take 40% of these funds and 100% of the TBID only to build up cash balances and investments; 4) open the books and create transparency for hotel guest tax spending. Don't add another level of bureaucracy for a private contractor to hide behind. Entries labeled in the City's financial reports are rife with errors. Jim Korroch's Fairfield Inn debt has been labeled a storm water utilities and has nothing to do with storm water. Brandon Steven's ice rink debt is buried in the CAFR debt schedule, payable by our property taxes and still cannot figure out how much he owes us to date. By creating another layer of bureaucracy, you are preventing transparency; 5) explore other funding sources, historic tax credits are what local businessmen including Bruce Rowley who voted against the historic nomination of Century II used to fund his building. Century II and the former public library both made it on the state and federal Historic Registry, use the expertise of volunteers on our Save Century II committee to appraise the building. Let's work together on determining upgrades and apply for state historic tax credits, repurpose the building if need be. City Manager Layton told her he was willing to work together with her on the future of Century II. Stated hit the pause button on a private contract for management of the facility and publish mistakes that she finds in the City's audited annual financial statements on your website so that the next citizen trying to determine where our taxpayer money is going, won't have to dig so hard as she has done. Council Member Blubaugh asked staff if he knows if Visit Wichita is investing in TBID money and if not, to look into it. Bob Layton City Manager stated he would. II) CONSENT AGENDA ITEMS 1 THROUGH 10 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 10 in accordance with the recommended actions shown thereon. Motion carried 6 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE DUE TO THE HOLIDAY IV) UNFINISHED COUNCIL BUSINESS 1.) 2021 STATE LEGISLATIVE AGENDA. (DEFERRED JANUARY 12, 2021) Attachment: Agenda Report No. IV-1.docx Attachment: Wichita State Legislative Agenda FINAL December 29 2020 HIGHLIGHT CHANGES.docx  Page 3 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Jim Jonas Communications Director, presented the item. Council Member Frye stated he appreciates the extra time that we had to get this out to the public. Stated he received a few emails and comments about it and it is a little bit of a departure from previous state legislative agendas, so having that extra week of transparence was welcomed. Stated he still has reservations about some of the language and would like to make an amendment to it but wants to make sure we have opportunity for any other discussion before doing that. Vice Mayor Johnson stated he would like to share some of the feedback he received from social media: 1) concern or hope that our agenda would consider modifying the Homestead Tax Credit for citizens here in Wichita; 2) advocation for the removal of food sales tax or a refund of food sales tax; 3) some support for significant changes or investment at the Kansas Department of Labor; and 4) there was a criticism that these were categories that did not come from people and no specific support for the bill that Representative Finney had introduced last year regarding the towers. There is a broad category but not specifics. Stated personally as we go forward even after today, that we look at supporting some form of criminal justice reform. Public Comments: 1) Jane Byrne stated reading the Eisenhower Transportation program sees that almost all KDOT funds are devoted to cars, trucks, highways and interchanges. Stated it supports the expansion of passenger rail in Kansas as a key component for keeping and attracting young people as part of a strong workforce, however, there is only one percent in the whole KDOT district for walking and biking, which are even more desirable to young professionals who might relocate to our City. Stated she has passion for active transportation, for those one-third of citizens who are usually outside of cars plus the COVID unemployed who cannot afford to drive, the wheel chair folks, and all our eight year old's and 80 year old's who deserve safe and comfortable ways to their groceries, schools and jobs. Stated she urges the Council's support to amend the transportation section of your legislative agenda to recommend increases in rail, bus, bike and pedestrian. 2) Unidentified speaker stated he requested approval of the legislative agenda be postponed pending amendment of the transportation section to reflect an increased dedicated percentage to active transport options serving Wichita's one-third non-driving population. Stated this current transportation funding plan does not reflect input from the active Transport Advisory Board and does not fairly or equally represent the non-driving population of Wichita. Stated he believes an increasing number of young professionals who might consider locating to Wichita, who value safe walking and biking options more than rail travel should be pursued as well. Stated he requests that this legislative agenda be corrected to reflect the fair allocation of transport funding for all Wichitans, not just drivers and truckers. 3) Celeste Racette stated she disagrees strongly with STAR Bond renewals. Stated we have not yet complied with the Department of Commerce to provide follow up on the issuance of STAR Bonds for the amount of tourism that was promoted by those STAR Bonds, which is the whole point of them. Stated we have $22 million in the Stryker's Sport Complex and have $42 million in the ball park and we need to do follow up on STAR Bonds to prove if they really did result in an increased tourism. Stated the problem with STAR Bonds is that it takes revenue from the state, which could be used for education, quality of life issues and it wraps it up into development projects that have been picked and selected by City Council Members only. Stated you all received a letter with a copy of the proposed legislation from the Save Century II committee. Stated we labeled one bond the Historic Buildings Act where historic buildings that are owned by the government, the City in particular, that are over 80,000 square feet and on the  Page 4 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 National Registry, should be protected and only sold, leased or destroyed with citizen vote. Stated she didn't see that on your legislative agenda. Stated we also asked from Municipal Initiative Reform Act, which would make collecting the signatures limited to 5,000. Stated Save Century II in times of COVID, did an astounding job with our 400 circulators and received and delivered 17,265 petition signers but our Reform Act says in larger cities, let's cap it at 5,000. Stated if there is an issue that taxpayers are really interested in and it means something to them to be heard, you need to allow a cap of 5,000 signatures instead of 25% of the previous municipal election. Stated what happened to these two pieces of legislation that each of you got a copy for and is disappointed that she does not see them on your list. Mayor Whipple stated this process was different than years past where we normally do have a public workshop that would allow us an opportunity to get feedback between the time it is openly discussed and the time the proposal is put together. Stated because of COVID we had to do things a little different, which is why the majority of the legislative agenda is the previous legislative agenda with some alterations to the sections of COVID funding and to public health. Stated wanted to move forward with the agenda from last year because the session last year was so short and not a lot was able to get addressed. Vice Mayor Johnson asked if this document upon approval today is still fluid. Bob Layton City Manager stated yes, this is what you adopt to give us guidance going into the session, however as we know, all kind of issues will pop up during the session and we seek guidance from the Council before we lobby for a weigh in on any of those issues. Vice Mayor Johnson stated he is not asking us to delay but could we maybe get with the Bike and Ped Advisory Board and Transit and talk more about funding more bike-able, walkable sections look like and with us considering places for people, this is a good time to have that discussion and maybe a discussion worth having. Council Member Frye stated the second big bucket, which is health, at the header we say to support funds and programs to help fill the gaps between state and local behavioral health funding. Stated that is the over-arching theme of that segment but then the second point introduces federal funding and asked why is that there and should that be more on our federal legislative agenda than here in this document? Jim Jonas Communications Director stated it came is as part of the conversations we had with all of the Council Members to address a variety of health concerns in the community but that would be your call to say if we need to be that specific. Council Member Frye stated it feels out of place there because we do have COVID funding support elsewhere in our state legislative agenda and hearing some of our federal platform which is scheduled later this year for presentation, there would be federal COVID funding there as well. Stated this just feels unnecessary since the over-arching theme is behavioral health and knows that is the County's top legislative agenda as well and thinks as a body we want our strongest agenda in Topeka and staying focused on behavioral health makes the most sense and will make a motion to strike it from this agenda. MOTION: Council Member Frye moved to strike that bullet point from this agenda item. Mayor Whipple stated there are a lot of cases where money actually comes from the federal government to the state government and then gets allocated from the state. Stated to target only behavioral or mental  Page 5 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 health, we miss a big aspect of overall health where folks who have access to a primary care doctor, once they are in a yearly checkup might be asked by that doctor a series of questions, which will lead them into behavioral or mental health care. Stated you have the technical reality that money sometimes either goes to the county or to the state before it comes down to us and doesn't want to give the message that we are not in favor of our taxpayer money going to help our folks. Stated the health reality that micro-targeting one specific sector of health; that alone is in its own vacuum. Stated mental and behavioral health correlates with physical health and is worried that if we don't take a more wider approach, we might miss out on opportunities that our neighbors would take advantage of. Council Member Frye stated because he is worried how this could be interpreted in language that could be used to promote a certain aspect of federal funding, is asking that we remove the second bullet point on the agenda report. Mayor Whipple asked what specific funding is he against. Council Member Frye stated he believes people could interpret to say that the Council supports Medicaid expansion and would not want that be from this Council's point of view, something that we support. Mayor Whipple asked if it would be cleaner to make a motion to not support Medicaid expansion instead of a more global motion that might actually exclude us from other COVID relief type of money. Council Member Frye stated that is a fair point and will retract his motion and make a new motion because part of the problem we have right now is Medicaid expansion as previously discussed in the state legislature did not go anywhere. Stated it died at committee, had other amendments tied to it and going forward we don't know what would be in it either. Stated if there was Medicaid expansion language presented at the state legislature, would that come back to this Council for an opinion? Jim Jonas Communications Director stated yes it could if you don't have it in there specifically. NEW MOTION: Council Member Frye moved to as the state legislature works through its agenda, if there was an agenda item at the state level for Medicaid expansion before this body made a motion of support or rejection, come back to the Council. Bob Layton City Manager suggested to add a sentence that this position does not apply to Medicaid expansion and then we know we have to come back to you. Council Member Frye stated in the existing language. Bob Layton City Manager stated yes, that gives you the freedom or the flexibility on other COVID related assistance. AMENDED MOTION: Council Member Frye moved to support access to federal funding, helping cities maintain and provide critical services for their citizens with the exception of Medicaid expansion. Council Member Tuttle stated she wants to make sure she completely understands this; if Council Member Frye's motion gets a second and carries, we are not saying from the bench today we support Medicaid expansion or we don't, we are saying if it becomes an issue at the state, we will address it here.  Page 6 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Mayor Whipple stated no the language would actually be that we support federal money for health care so long as it is not Medicaid expansion and then if it was to come up, we could at that point other comments but going into legislative session we would be on the record that we are not supporting Medicaid expansion. ***The motion dies due to lack of a second*** Council Member Claycomb stated she likes what Vice Mayor Johnson said about having conversations but we have talked about active transportation for some time and the advisory board has also and will make a motion that we add to our transportation that we support expanded funding for active transportation. MOTION: Council Member Claycomb moved to add to our transportation that we support expanded funding for active transportation. Mayor Whipple stated the motion was to request in our legislative agenda for more active transportation type money if available and after speaking to a constituent wants to know if that would also expand to electric buses and other types of public transportation. Council Member Claycomb stated in her mind it would, based on the definitions that we heard this morning. Council Member Tuttle stated she has had conversations with the City Manager and sometimes there is a bucket of money just for bike ped but there are projects that we do that are streets and roads that also have bike ped but is not necessarily put into that bucket. Stated we talked about maybe doing a better job of letting the community know that. Bob Layton City Manager stated we have street projects that have bike elements whether it is a bike lane or construction of a bike path. Stated those tend to get loss somewhat when they are part of a complete street but the way he hears the intent of the motion to read is that we ask for enhanced or increased funding for bike ped, bus and other active transportation. Council Member Tuttle stated she is supportive of that but would be interesting if we could maybe look at what are we spending on potential bike ped that aren't pulled out into its own separate bucket for the community to know that it is not always in a separate category but it is happening. Council Member Blubaugh stated on the feedback that Vice Mayor Johnson received, have we ever advocated for a sales tax exemption for food on our legislative agenda. Bob Layton City Manager stated not to his recollection. Stated it has been discussed as part of previous legislation but doesn't think the Council has ever taken a position on it. Council Member Blubaugh asked if there is any way to find out a dollar amount for the City of Wichita on what we collect in sales tax for food. Bob Layton City Manager stated we will do our best to put an estimate together.  Page 7 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Mayor Whipple stated when it comes to attempts to lower the food sales tax, you usually need a ratchet approach because it is a big chunk of the budget. Stated there has been efforts if we did want to consider this type of legislation to reinstate the food sales tax refund or return it to a rebate, which is more targeted to folks who have middle to lower income and takes it out of a different bucket where you still pay your food sales tax but would get it back as a credit when you file your taxes. Stated there have been other attempts to tackle the issue of food sales tax that have a smaller fiscal note as well. Motion carried 6 to 0. Mayor Whipple stated given the discussion here, maybe we could entertain a motion of some language, the City looks for responsible ways to reduce the cost of food. Bob Layton City Manager stated he has concerns about that position if we are not successful in getting sales tax from remote sales. Stated in the legislature the tradeoff has always been to provide cities with that sales tax from electronic sales and wrapped up into that bill was the break for food. Stated without having the numbers it would be a pretty significant hit for us from a sales tax standpoint if we were to have even general language that could be interpreted that we would be supportive of eliminating or reducing the sales tax on food without some offsetting revenue. Mayor Whipple stated he is open to some discussion and is not making a motion. Council Member Tuttle stated she would ask that we pause on this because even though it is not a state issue but at the local level there is a group of very passionate community members advocates for access to healthy eating with the Health and Wellness Coalition of Wichita and the Food Policy Committee who are working with the City and the County on a master food plan. Stated there is going to be ways that food is going to be addressed in different ways within the next 10 years in our community. Council Member Blubaugh asked the City Manager if what he is saying that maybe advocating for the electronic sales tax that maybe we could add a portion to that where we are asking for that revenue and then asking for some possible relief from food sales tax. Bob Layton City Manager stated until he answers your previous question he is concerned about taking a stand on that because he doesn't want someone to cherry pick our legislative agenda and see that we have a provision there to eliminate the sales tax on food but even though we understood it as being conditioned on getting tax on remote sales; he cannot tell you the magnitude yet and would like to tell you how much money we are talking about in case somebody misinterprets our policy and thinks you are endorsing the elimination of sales tax. Council Member Blubaugh stated he knows we are already behind the curve ball on this and delaying it any more would be the first week in February and is that getting us too far behind in Topeka to get our legislative agenda to move forward? Bob Layton City Manager stated what he would prefer to do is for you to adopt the plan with the understanding that we are going to get back to you on that sales tax issue and other issues Vice Mayor Johnson brought up that we will be taking a look at as well. Council Member Blubaugh stated in the motion to approve this; how do we leave that open.  Page 8 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Mayor Whipple stated during the presentation of the proposed agenda with the legislature, he took some time to let them know that there will be items that we would like to address as they come up and threw in a pitch for Vice Mayor Johnson that there are specific items that he is following in the legislature and if there is an opportunity to go to a hearing or to voice an opinion we will do so. Stated they should be aware that we are going to be agile when it comes to opportunities in the legislature and us responding to those opportunities with a position. Stated with the agenda moving forward, we are supposed to just lay out that frame work and if we don't address everything or set the stage for adding more stuff or coming out in favor or against other items as legislature progresses. Bob Layton City Manager stated given the Council's active participation in this program, would suggest that if there is significant legislation that comes forward that we will bring it back to you at the bench instead of doing one-on-one meetings. Stated Vice Mayor Johnson had talked about the Finney bill and cell towers and you don't have a position on that so we would bring that forward; there are going to be criminal justice reform and items that warrants Council consideration or discussion. Stated we would do the same thing with sales tax but in the meantime we will do the study that you asked for in terms of what the financial affect would be on the City. Vice Mayor Johnson stated he likes the discussion about having the report that Council Member Blubaugh mentioned and the work that Council Member Tuttle mentioned and if the no food sales tax bill comes up this session, would it be beneficial if we took the Master Food Plan, the report we get on the impact on the City of Wichita and maybe just sit down with the South Central Delegation. Stated there might not be a bill this session but we can prepare ourselves for next year and work with them on crafting that with the information we have from the Master Food Plan and know the impact that it would have on Wichita and then all of us sitting down together may give us a better result. Mayor Whipple stated if the legislature goes without a hitch and they don't follow with what Missouri has experienced by having to shut down due to COVID spread, there is typically a break in February where the legislature comes back and there is usually another public forum and there might be an opportunity where perhaps if it is safe to do so and there is a way that we can do it, we could meet with the delegation virtually or in person and get a midway point where we have a better idea where legislature is going and what the priorities look like. Stated it would give us another contact point. Jim Jonas Communications Director stated we can do that. MOTION: Mayor Whipple moved to approve the 2021 state legislative agenda as amended. Motion carried 5 to 1 (Nay: Frye). V) NEW COUNCIL BUSINESS 1.) 2021 RAILROAD CROSSING IMPROVEMENTS. Attachment: Agenda Report No. V-1.doc Attachment: Resolution No. 21-017.docx Gary Janzen Public Works Engineering, presented the item. (No public comment)  Page 9 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 MOTION: Mayor Whipple moved to approve the budget, adopt the resolution and authorize the necessary signatures. Motion carried 6 to 0. 2.) ORDINANCE AUTHORIZING USE OF HYATT PROCEEDS. Attachment: Agenda Report No. V-2 Attachment: Ordinance 51-409.docx Bob Layton City Manager, presented the item. Christina Long principal with CML Collective stated any opportunity for the City to be involved in helping to advance inclusion and support that are surrounding these entrepreneurs is important and they are appreciative of the consideration of the repurposing of funds to provide another support source to entrepreneurs, particularly those in District I. Public Comment: 1) Celeste Racette stated in the discussion of spending the Hyatt Hotel proceeds, sees another repeating pattern of vagueness and non-transparency. Stated all of you refer the proceeds of the hotel sale as if we have money to spend on great projects. Stated three of you are up for reelection this year and it is interesting that you are promoting this as some benefit in your district, that in truth, the sale of the Hyatt Hotel resulted in a $12 million dollar loss, so why don't you truthfully refer to this as a loss from the Hyatt Hotel, which was bought in 2001 and then sold at a loss. Stated all of these taxpayers who you want to benefit paid property taxes to pay off the debt of the Hyatt Hotel and instead of refunding those Hyatt property taxes with the sale proceeds, you have parsed out the money for projects in each of the various districts to make each of the City Council Members in those districts, look like they are doing something special from the district. Stated buried deep in the 2016, 2017, 2018 and 2019 Comprehensive Annual Financial statements, are notes in the financial statements that identify these loss, it is a special item loss on the sale of the Hyatt Hotel. Stated the CAFR notes state on September 2016, the City had approximately $31 million in capital assets net of accumulative depreciation related to the Hyatt Hotel, which included $5 million in capital improvements, which resulted in a loss on the sale of the Hyatt Hotel of approximately $11.8 million on the government wide financial statements and $20 million in revenue on the fund financial statement. Stated the City went on to use $14 million on various pavement maintenance projects and transit programs. Stated she has nothing against where you decide the proceeds are going to, just wants you to be open and honest with taxpayers about how you got these funds. Stated they came from taxpayer property taxes, they came from us, we didn't have a choice about a property tax refund when you sold the Hyatt Hotel. Stated you decided to use the proceeds for other purposes and warned that general fund reserves are projected to fall below 10% this year, which will be below the City of Wichita's stated policy for reserves. Stated you all should be deeply concerned, the general fund pays for fireman, maintenance of streets, and just about every expense associated with running a city. Stated if the general fund disappears and the reserves are gone, you won't have anything extra for food markets or helping in different districts that you are concerned about. Stated she is willing and always freely sharing documents from the City's own financial reports showing how tight our financial situation is becoming.  Page 10 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Mayor Whipple asked the City Manager if we are going to fall under the 10% this year. Bob Layton City Manager stated no, we are not. Vice Mayor Johnson stated he wants to highlight for the citizens of Wichita what we heard from our previous speaker whether you feel value or not he thinks of investments from the sale of the Hyatt in Harrison Park, Doc, neighborhood grants in District III, a neighborhood inspection pilot in District III, saving the Star-lite drive-in, Wichita Promise with WSU Tech, Pawnee Prairie Park, Pracht Wetlands and renovation of Evergreen. Stated it is very worth-while to the citizens of Wichita and the residents of those districts in addition to a challenge grant for Dunbar, neighborhood grants which have helped with dead tree and sidewalk removal or repair in District I, supporting Storytime Village, the Urban League, more opportunity for change in the City of Wichita for folks going to Wichita Promise to go from making minimum wage and being unemployed to working and making upwards of $50,000 per year, a summer rec program, Camp Destination Innovation and create campaign as well as improvements at Atwater. Stated he thinks those are all valuable to the citizens of Wichita and should be celebrated with the sale of the Hyatt. Stated he is appreciative of all that the Council has done before being on the Council and while on Council to help out the citizens of Wichita. Stated Christina Long has outlined a big way in which this funding can help with the reallocation and has heard from several businesses over the years that just needed three or five thousand dollars to help out and they weren't able to and this type of funding opportunity helped fill those gaps to make sure that they can access their American dream. MOTION: Vice Mayor Johnson moved to place the ordinance on first reading and authorize the necessary signatures. Mayor Whipple stated the Vice Mayor and Ms. Long came up with an incredible opportunity to not only invest this money back into our community but invest it in a way where Wichita as a whole will continue to feel that investment. Stated the more folks we have to take risks with entrepreneurship and are successful in their business and the more folks we have that grow their business, means that we are creating more jobs, tax revenue and opportunity. Stated this is going to be that gap filler when you are looking at small businesses willing to take that next step and a traditional lender might not be interested in lending one or five thousand dollars and a micro-loan program might be that life boat to that next step so businesses can continue to grow. Stated he is excited to see the results of this as it grows. Motion carried 6 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VI) NON-CONSENT PLANNING AGENDA 1.) PUD2020-00010 - CITY ZONE CHANGE TO CREATE THE VASSAR APARTMENTS PLANNED UNIT DEVELOPMENT (PUD #78) TO ALLOW FOR APARTMENT DEVELOPMENT ON PROPERTY ZONED B MULTI-FAMILY; GENERALLY LOCATED NORTHWEST OF NORTH VASSAR AVENUE AND EAST 16TH STREET NORTH. (DISTRICT I)  Page 11 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Attachment: Agenda Report No. VI-1.doc Attachment: PUD2020-00010 MAPC Minutes Excerpt.docx Attachment: PUD2020-00010 DAB I Report.pdf Attachment: PUD2020-00010 Parking Justification.docx Attachment: Ordinance 51-406 (Council Member Blubaugh momentarily left the bench) Scott Wadle Director of Planning, presented the item. Vice Mayor Johnson stated there has been a lot of discussion about this item and per DAB I's conversation and is what we are looking at today reflective of the PUD presentation that they received? Scott Wadle Director of Planning stated yes his understanding is that it is the same graphic that was shown to them. Vice Mayor Johnson stated their question was that the numbers were not on there as far as the feet on the setback and were concerned with what that meant. Scott Wadle Director of Planning stated we have added the measurements here just for today's presentation to help explain any questions that come up related to the conversation at the DAB and to indicate that there is some distance from the building to the sidewalk. Vice Mayor Johnson stated his DAB supports this with minor modifications. MOTION: Vice Mayor Johnson moved to adopt the findings of the MAPC and approve the requested zone change subject to the recommendation of the DAB. Motion carried 6 to 0. 2.) ZON2020-00045 - CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO MF-18 MULTI-FAMILY RESIDENTIAL; LOCATED APPROXIMATELY 250 FEET SOUTH OF WEST MAPLE AND 1,600 FEET WEST OF SOUTH HOOVER ROAD, ON THE WEST SIDE OF SOUTH BRUMMETT STREET. (DISTRICT IV) Attachment: Agenda Report No. VI-2.docx Attachment: Excerpt Minutes Dec 17.docx Attachment: DAB Report for MAPD on ZON2020-00045.pdf Attachment: Protest Map_ZON2020-00045.pdf Attachment: Ordinance 51-407 Scott Wadle Director of Planning, presented the item.  Page 12 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 Council Member Claycomb asked for clarification on how many votes it takes since we are only seated six right now. Jennifer Magana City Attorney stated she believes it would still require six votes and doesn't know if the zoning code makes an exception for a vacancy. Council Member Blubaugh stated he thinks the request is consistent with the area. Stated there is multi- family in the area and a lot of commercial in the area. MOTION: Council Member Blubaugh moved to adopt the findings of the MAPC and approve the requested zone change with modifications, 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 6 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. MOTION: Vice Mayor Johnson moved to appointed Kaytie Brozek to DAB I Advisory Board. Motion carried 6 to 0. RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into executive session for 60 minutes to receive information on offers of settlement in two lawsuits pursuant to K.S.A. 75-4319(B)(2): for legal consultants with the City Attorney, which would be deemed privileged in the attorney-client relationship pending litigation and legal advice. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 10:30 a.m. and end at 11:30 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0.  Page 13 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 MOTION: Mayor Whipple moved to recess into Executive Session for 15 minutes to receive information relating to pending litigation pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney, which would be deemed privileged in the attorney-client relationship pending litigation and legal advice. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 11:30 a.m. and end at 11:45 a.m. The meeting will resume in the Council Chambers. Motion carried 6 to 0. RECOVENE The City Council reconvened in the Council Chambers at 11:48 a.m. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 5 to 0, (Absent: Blubaugh). The meeting was adjourned at Respectfully submitted, Karen Sublett, MMC City Clerk  Page 14 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 10 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 January 19, 2021.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 01-19-21.pdf 3) DESIGN SERVICES AGREEMENTS: a.) Supplemental Design Agreement No. 1 for Improvements to Meadowlake Beach Addition. (District III) Attachment: Agenda Report No. II-3a.docx Attachment: SDA No.1 Meadowlake Beach.pdf b.) Supplemental Design Agreement No. 2 for Improvements to R.F. Addition. (District II) Attachment: Agenda Report No. II-3b.docx Attachment: SDA No. 2 R.F. Addn.pdf Uncategorized Items: 4.) 2020 SPLASH PAD MAINTENANCE. (DISTRICTS I, III, IV, V AND VI) Attachment: Agenda Report No. II-4.docx Attachment: Resolution 21-018 5.) RESOLUTIONS AUTHORIZING SECTION 5310 URBANIZED AREA FORMULA ANNUAL GRANT FROM THE FEDERAL TRANSIT ADMINISTRATION. Attachment: Agenda Report No. II-5.doc Attachment: Resolution 21-019  Page 15 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 6.) MINOR AMENDMENT TO THE 2020-2021 ANNUAL ACTION PLAN. Attachment: Agenda Report No. II-6.doc Attachment: CDBG Application for Federal Assistance SF-424.pdf Attachment: CDBG Assurances-Construction Programs SF-424D.pdf Attachment: HOME Application for Federal Assistance_SF-424.pdf Attachment: HOME Assurances-Construction Programs SF-424D.pdf Attachment: Executive Summary-Minor Amendment.pdf 7.) 2021 GRANTS REVIEW COMMITTEE APPOINTMENTS. Attachment: Agenda Report No. II-7.doc Attachment: Attach 1- GRC Roster, 2021-2022.doc II) CONSENT PLANNING AGENDA ITEMS 8.) PUD2020-00009 - CITY CREATION OF MERRIAM PARK PLACE PLANNED UNIT DEVELOPMENT (PUD #79) TO ALLOW FOUR DWELLING UNITS IN AN EXISTING TWO-STORY RESIDENTIAL STRUCTURE, LOCATED ONE-QUARTER MILE SOUTH OF EAST DOUGLAS AVENUE AND ONE-HALF MILE WEST OF SOUTH OLIVER AVENUE. (DISTRICT I) Attachment: Agenda Report No. II-8.docx Attachment: DAB I Memo PUD2020-00009.pdf Attachment: Excerpt Minutes Dec 17.docx Attachment: General Provisions.docx Attachment: Ordinance 51-408 II) CONSENT HOUSING AGENDA ITEMS 9.) 2021 CORRECTED FLAT RENT SCHEDULE - PUBLIC HOUSING PROGRAM. Attachment: Agenda Report No. II-9.docx 10.) FAMILY SELF-SUFFICIENCY PROGRAM GRANT APPLICATION. Attachment: Agenda Report No. II-10.docx  Page 16 CITY COUNCIL PROCEEDINGS JANUARY 19, 2021 II) CONSENT AIRPORT AGENDA ITEMS - NONE