City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 16, 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 February 9, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on February 9, 2021. Motion carried 6 to 0. Proclamation - Black History Month Mayor Whipple read aloud the proclamation. I) PUBLIC AGENDA 1.) Celeste Racette - Developments in Wichita. (Rescheduled) II) CONSENT AGENDA ITEMS 1 THROUGH 11 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 11 in accordance with the recommended actions shown thereon. Motion carried 6 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS - NONE DUE TO THE HOLIDAY IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements Attachment: PFPI 2-16-21.docx Attachment: Resolution 21-033 033943.docx  Page 2 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Attachment: Resolution 21-034 033942.docx Attachment: Resolution 21-035 085657.docx Attachment: Resolution 21-036 033945.docx Attachment: Resolution 21-037 033946.docx Attachment: Resolution 21-038 085658.docx Attachment: Resolution 21-039 085659.docx Attachment: Resolution 21-040 036662.docx Attachment: Resolution 21-041 036661.docx Attachment: Resolution 21-042 085681.docx Gary Janzen, Public Works Engineering, presented the petitions for public improvements. Council Member Claycomb thanked staff for streamlining this process and saw the fruits of your efforts today and really appreciates that. Stated this also makes it easier for Council to look at those and makes it easier for the public in that we actually go through these projects and not have them on the consent agenda without people having to pull them. MOTION: Mayor Whipple moved to approve the petitions and budgets, adopt the resolutions and authorize the necessary signatures. Motion carried 6 to 0. V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING CONSIDERING APPROVAL OF DEVELOPMENT AGREEMENT AND ADOPTION OF A PROJECT PLAN FOR THE RIVERSIDE INFRASTRUCTURE PROJECT. (DISTRICT VI) Attachment: Agenda Report No. VI-1 Attachment: Project Plan Riverside TIF 8-21-20.pdf Attachment: Ordinance 51-418 Attachment: Ordinance 51-419 Attachment: Development Agreement (with Exhibits).pdf Mark Elder, Office of Economic Development, presented the item.  Page 3 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Council Member Claycomb asked staff to go back to slide 13; there has been some misunderstanding about the path and what is going to happen to it and there is some talk that the path is going to become part of the development and asked staff to explain about city-owned property versus private property. Mark Elder Office of Economic Development stated the trail head on the north is city-owned property. Stated there is a street that goes through that, that serves the trail head and also the park, but this is a park- owned, city-owned project that serves both the neighborhood as well as that path. Council Member Claycomb stated what we are looking at here is the private property is shown and the darker green with the yellow houses on there. Mark Elder Office of Economic Development stated yes. Council Member Claycomb asked staff to remind people how TIFs work. Mark Elder Office of Economic Development stated TIFs work by taking a base value of the value of land that is being redeveloped and locks that in, and any investment in that land, any incremental taxes paid on that based on that there was a development in here, goes to pay for those improvements that are TIF funded. Stated for example, if we were receiving a dollar in taxes today and we begin receiving $5 dollars in taxes, those $4 dollars from the development go into pay those TIF funded improvements. Stated we capture the incremental taxes paid to make those improvements but it does not come from anything wider than what is established in the TIF boundaries, so for this project the funds are strictly coming from this housing development within those boundaries; it does not come from the neighborhood or anywhere else. Council Member Claycomb asked staff to explain why on some of the maps we show the river and the path in that TIF district. Mark Elder Office of Economic Development stated the funds generated within the district can only be used within that district, so therefore, we identified the boundaries that include the river so that we can use those funds that are generated by this housing project to also make improvements to the river including the bike path, which is why it goes down to Central and follows the river to include the bike path all the way north to 13th Street. Vice Mayor Johnson stated he has seen some questions about this land trade and looking at the map that was shown, there was some things said on social media that we were just giving away property but it looks like we gained property from another site and asked if it was an equal trade. Mark Elder Office of Economic Development stated it is identified on the map that there is 34,341 square feet that went to the developer and 34,355 feet that came to the City, so we netted about 14 square feet and in addition to that we received $15,000 to the project property to help with this trail head as well. Mayor Whipple stated the City land was transferred to dark blue on the map; is that where the playground is projected to go? Mark Elder Office of Economic Development stated yes that is where the trail head and the development will go. Mayor Whipple stated on the other map that has the playground and gazebo, will that be public?  Page 4 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Mark Elder Office of Economic Development stated the final plans for what the park will look like will be done through neighborhood meetings but yes, this area will be a public area that is dedicated to a trail head park. Council Member Blubaugh asked if the Park Department has already allocated a plan and that they are going to be responsible for maintaining this park and putting improvements in this park. Mark Elder Office of Economic Development stated there is a portion in the agreement that has the developer maintaining the entrance area and the parking during the time of the contract but over the life of the park, it will transition over to the Park Department for maintenance. Council Member Blubaugh asked if the City is paying for the initial improvements on the park or is the developer? Mark Elder Office of Economic Development stated the TIF is funding that project so it comes from the development that the developer is doing but its taxes will pay for the improvements. Public Comment: 1) Barry Carroll 1134 N. Coolidge stated he has lived in the Riverside neighborhood for approximately 30 years and is speaking in support of the proposed River Trail Village development. Stated he attended a meeting and heard from the developers and learned that they had modified their proposal based upon feedback from the neighborhood. Stated this will also be an infill development project which is consistent with City policies. Stated he is an advocate for bicycling, walking and community health and believes this project will enhance our infrastructure by providing a trail head and improvements to the river path and is asking that you support this proposed River Trail Village housing project. 2) Bruce Kay stated he moved to the Riverside area about eight years ago and is also an avid cyclists and in doing so you get a feel for neighborhoods. Stated Riverside has the most considerate and compassionate drivers, which is the kind of neighborhood he wants to live in. Stated he is excited about the future of Riverside, Wichita and this new project. Stated when he saw this new proposed project on the river next to a golf course and in the neighborhood he loves; it is exciting and is for this project. 3) Brian Blackerbee 1048 N. Woodrow in the Riverside neighborhood. Stated they enjoy this neighborhood for the natural amenities and is also an avid cyclist and is speaking in favor this morning of the development. Stated the way the developers have approached this project to him, is very admirable and they came and talked to the Riverside Association numerous times. Stated we all know this could be a multi-family project that is built on this land and they have chosen to listen to the neighbors and make a decision that best fits within the community itself, the architectural style and to honor what the Riverside neighborhood stands for and encourages the Council to vote in favor of this development. 4) Doug Ballard 920 Buffum stated he has lived in this area since the mid-seventies and is opposed to this project and TIF. Stated the poured on slab construction, seven feet apart with a home owners association is just rental property. Stated he saw the 19 minute video of Council Member Claycomb, which looked like a campaign ad. Stated he is also a cyclist and the best 500 feet of the bike path is from 13th Street up towards Sims and doesn't think it needs anything and the trail head park that you are talking about is currently being used for parking by people who use the Museum, Indian Center and unload their bikes. Stated we have recently found out that those TIFs do not work well and there is no accountability and feels this project is a combination of the Naftzger Park, Stryker Field, Meads Corner, the Samaritan  Page 5 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Center, the Shirkmire, the 316 Building, all of the apartments going into the Delano area and all of the area around there and wants to encourage the Council to represent the people that live in your area and not just the ones that donate to your campaign because that is what it looks like to him. 5) Jerry Jones 2038 N. Gow, stated he is representing the development team of this project. Stated we are referring to this project as River Trail Village and thinks the name is indicative and reflective of this area and what is going on. Stated our team or also cyclists and we ride by this property all the time and bought this property from a business owner from Texas who owned and operated as a juvenile psychiatric facility. Stated it was privately owned and the prior tenant was our tenant until they decided not to continue with their lease. Stated when they moved out, we with our own money paid to take that building down because it did become an eyesore and source of a lot of problems for that neighborhood. Stated we are looking forward to developing River Trail Village and thinks it is going to offer a very nice housing option for people who would like to live in Riverside in a new home. Stated we think the TIF improvements will be a benefit not only for the neighborhood but for the entire community that uses the river trail and appreciates the leadership of our Council. Vice Mayor Johnson state the last speaker mentioned that these would be rental units and asked Mr. Jones to clarify if these homes are for rent or for sale. Jerry Jones stated these homes are single-family detached patio homes, they will be for sale and maintenance will be provided so there will be a home owners association that will collect dues that will pay for the maintenance of this small neighborhood. Vice Mayor Johnson stated the previous speaker also mentioned that these were pour on slabs and thinks Habitat for Humanity does that as well and asked Mr. Jones to speak to the quality of houses there. Jerry Jones stated these will be very nice homes, the estimated construction cost will be in the market of $300,000 per home and the slab on grade has more to do with the target market. Stated these homes will be marketed not exclusively to but primarily towards empty nesters and they will have a lot of zero entry features. Vice Mayor Johnson stated in reading through today's notes and speaking to Council Member Claycomb, there were six meetings in the community; what made you change the original proposed plan to what we see now. Jerry Jones stated going into this development, we felt it was a nice piece of property, 7.5 acres in the Riverside area, next to the golf course and on the river, and had zoning for multi-family development, which is the type of development they are accustomed to doing. Stated they weren't in a hurry to do that, they had a tenant who was paying rent for the existing building and as they started the neighborhood meetings, found there was resistance to that type of development and decided that it would be the best thing to move forward with this project with single-family housing. Mayor Whipple stated regarding the neighborhood association meetings, what was the general consensus after you adapted your plans from the members of the neighborhood association and whether they supported this or not. Jerry Jones stated the association did not take a vote, we heard positive feedback and negative feedback, we listened to both and adjusted their plans accordingly but would say the consensus of the people at the meetings was positive.  Page 6 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Council Member Blubaugh asked staff if we have ever done a project like this where we have used a TIF for residential development. Stated if we approve this today, is this something we are setting precedence on that we would look at possibly doing to help take care of older infrastructure in the City. Stated we have a lot of aging water and sewer pipes, sidewalks and streets in some older neighborhoods; is this a tool that the City could use if we do approve this. Mark Elder Office of Economic Development stated yes it could be as long as the area we are looking at meets the other criteria and a proposal comes forward that meets the financial needs and can provide the increment financing we need for the infrastructure as well; it is something that the Council could consider. Stated TIF projects are unique enough that it would be a case-by-case review but it does create the possibility for it. Vice Mayor Johnson stated one of the speakers mentioned there was a lack of accountability on the proposed TIF and asked staff to explain what that is. Mark Elder Office of Economic Development stated he is not sure what the lack of accountability is, the Finance Department provided financial status reports in all of their budget reports. Vice Mayor Johnson stated he should have asked what the accountability is. Bob Layton City Manager stated when Mr. Ballard was making his comments on the TIF, was talking about our older TIF policy. Stated the developer has guaranteed the TIF bonds that are not pay as you go and therefore, if there is not sufficient increment generated by the project, the developer will be responsible for the debt service on these bonds. Stated that is a safeguard that we didn't have in place in the early years of TIFs but have done that since 2009. Vice Mayor Johnson stated pay as you go means we will not give any money until they pay money. Bob Layton City Manager stated correct, it has to be received. Council Member Claycomb stated each of us received an email through the public comment of CouncilMeeting@wichita.gov that should be in all of the Council Member's email box this morning from Deb and Lisa Cushing. Stated they sent their public comments through that process in support of the project that they live right across the street from. Stated she would like to thank all of the people who spoke today on this project and recognizes that there have been concerns about this project. Stated she has attended many neighborhood meetings and even as late as last week, attended the Riverside Citizen's Association Neighborhood meeting in person and it was live streamed on Facebook. Stated there has been a lot of people working in the community and City staff who have worked on this a long time and thanked those who attended the seven plus meetings that resulted in a much better development, both aesthetically and density wise. Stated she also appreciates the meaningful and thoughtful contributions that the neighbors in that community made. Stated despite some misinformation that continues about this project, which she hopes we were able to take care of today; Council couldn't stop this project, it is a private transaction between two private entities, this was not City property, we are getting some good amenities out of this and the development is allowed by zoning on privately owned land and thinks it is a good example of what we can expect on our Places for People plan and our infill strategy. Stated the City and all the residents who will use the trail head park, the path and improvements along that path; a vote against this TIF item today, is a vote against funding for the infrastructure, the trail head park, improvements to the trail; it is not a vote against the development or the look of the homes. Stated a vote  Page 7 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 against this item today will ensure the neighborhood will not get the trail head park and any improvements to the trail and could possibly get a denser development built there on this site. MOTION: Council Member Claycomb moved to take public comment, close the public hearing, and place on first reading the Ordinances adopting the Project plan and Development Agreement. Motion carried 6 to 0. 2.) BIOLOGICAL NUTRIENT REMOVAL PROGRAM. Attachment: Agenda Report No. VI-2.doc Attachment: 20210205RevD BNR Business Case Evaluation.pdf Alan King Director of Public Works & Utilities, presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Patrick Young spoke on the types of treatment process that are evaluated. Vice Mayor Johnson asked if all three of these alternatives will be considered or are you looking at each one individually. Patrick Young stated all three were considered, Alan King talked about 25 total sets of criteria, it is combinations. Vice Mayor Johnson asked if the membrane is more efficient than what we are doing now with adding ammonia. Patrick Young stated for the membrane, the way we are actually applying that at plant 2, is you bring oxygen up through that membrane and it diffuses into the bio-mass itself and is a very efficient form of getting that oxygen into the system but you then have to offset that with the costs for those individual membranes. Council Member Claycomb asked Mr. Young to explain the side stream process. Patrick Young explained the side stream process. Alan King Director of Public Works & Utilities continued with his presentation. Vice Mayor Johnson stated he wants to clarify that this is design build that we are going forward with. Alan King Director of Public Works & Utilities stated no it is design bid build. Stated we will be hiring a designer for phase 2 to design the project and to give us individual bid packages but we will be looking for competition in that construction process by giving different packages out there and get individual competitive bids on those. Stated the way we take advantage of the design build characteristics, is that you have this value added engineering and believe that we have that covered with the engagement of an owner's rep to help us during the design process but this is a different kind of approach, it is design bid build with the idea that we maximize the competitiveness as we go to construction.  Page 8 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Vice Mayor Johnson asked if the steering committee is helping with the RFP. Alan King Director of Public Works & Utilities stated yes. (No public comment) Vice Mayor Johnson stated he is always supportive of going higher than the aspirational goal of seven percent on minority and women owned businesses; the higher the better. MOTION: Mayor Whipple moved to approve proceeding with configuration (2.1) as the concept, WIFIA LOI, and other documentation included in the current project scope. Motion carried 6 to 0. 3.) WASTE WATER TREATMENT PLANT 2 FINAL CLARIFIER REPLACEMENT. Attachment: Agenda Report No. VI-3.doc Attachment: Phase 2 Amendment Attachment: Resolution 21-029 Attachment: NOI 21-029 Attachment: Resolution 21-030 Attachment: NOI 21-030 Don Henry Department of Public Works & Utilities, presented the item. Council Member Frye asked how much more life do we expect with this fix on these clarifiers. Stated in the agenda report it says that they are beyond the projected use of life of 25 years; how many more years life do you think we will get with this fix. Don Henry, Public Works & Utilities stated with the concrete repairs and the protective coating, we are expecting a 40 year life cycle with routine maintenance included. (No public comment) MOTION: Mayor Whipple moved to adopt the amending resolutions, waive City Council Policy No. 2 regarding the use of project savings to allow the transfer of funds, approve the revised budgets, and authorize the necessary signatures. Motion carried 6 to 0.  Page 9 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 4.) TEMPORARY EMPLOYEES PROFESSIONAL SERVICES CONTRACT. Attachment: Agenda Report No. VI-4.docx Attachment: Temporary Employees Professional Services Contract.pdf Chris Bezruki, HR Director, presented the item. (No public comment) MOTION: Mayor Whipple moved to approve the vendor selection and contract, and authorize all necessary signatures. Motion carried 6 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. (None) Council Member Tuttle stated we are going to have a Town Hall in Places for People tonight, it will be on land banks at 6:00 p.m. Stated she would like to thank our public works staff and police and fire for doing such a good job during this cold weather to do what is best for the City. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 6 to 0.  Page 10 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 The meeting was adjourned at 10:34 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 11 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 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 February 16, 2021.docx 2) PRELIMINARY ESTIMATES: a.) List of Preliminary Estimates. Attachment: PEs for CC 02-16-21.pdf b.) Preliminary Estimates for paving improvements to serve Legacy 3rd Addition Phase 4. Attachment: PE- NTBA Legacy 3rd Phase 4.doc Attachment: PE Cover Sheet NTBA Legacy 3rd Phase 4.doc 3) AGREEMENTS/CONTRACTS: a.) Encroachment Agreement with Phillips 66 Carrier LLC (Phillips 66) for Sandcrest 4th Addition. (District VI) Attachment: Agenda Report No. II-3a.doc Attachment: Encroachment Agreement - City of Wichita - Exhibits Attached.pdf 4) DESIGN SERVICES AGREEMENTS: a.) Supplemental Design Agreement No. 1 for Improvements to Turkey Creek Addition. (District IV) Attachment: Agenda Report No. II-4a.docx Attachment: Agreement.pdf b.) Supplemental Design Agreement No. 1 for Improvements to Brookfield Addition. (District II) Attachment: Agenda Report No. II-4b.docx Attachment: Agreement.pdf c.) Supplemental Design Agreement No. 1 for Improvements to Edge Water 4th Addition. (District VI) Attachment: Agenda Report No. II-4c.docx  Page 12 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 Attachment: Agreement.pdf d.) Supplemental Design Agreement No. 1 for Improvements to Willow Creek East 4th Addition. (District II) Attachment: Agenda Report No. II-4d.docx Attachment: Agreement.pdf UNCATEGORIZED ITEMS: 5.) AMENDING RESOLUTION FOR TALLGRASS EAST COMMERCIAL AND TALLGRASS EAST COMMERCIAL 2ND ADDITIONS. (DISTRICT II) Attachment: Agenda Report No. II-5.doc Attachment: Resolution 21-031 6.) SURPLUS OF CITY-OWNED PARCELS ON MCLEAN BOULEVARD BETWEEN SENECA STREET AND MERIDIAN AVENUE. (DISTRICT VI) Attachment: Agenda Report No. II-6.doc Attachment: Aerial.pdf 7.) GENERAL OBLIGATION NOTE SALE. Attachment: Agenda Report No. II-7.doc Attachment: Resolution No. 21-032 8) SECOND READING ORDINANCES: Second Reading Ordinances (first read February 9, 2020) Attachment: List of Second Reading Ordinances 02-16-2021.docx II) CONSENT PLANNING AGENDA ITEMS 9.) SUB2020-00041 -- PLAT OF NORTHGATE 5TH ADDITION LOCATED ON THE NORTH SIDE OF WEST 53RD STREET NORTH, 900 FEET WEST OF NORTH MERIDIAN AVENUE. (DISTRICT VI) Attachment: Agenda Report No. II-9.docx Attachment: Supporting Documents  Page 13 CITY COUNCIL PROCEEDINGS FEBRUARY 16, 2021 II) CONSENT HOUSING AGENDA ITEMS 10.) RENTAL ASSISTANCE DEMONSTRATION CONSULTANT. Attachment: Agenda Report No. II-10.doc Attachment: Attach 1- Gill 2nd Amendment Exhibit A Revised.docx 11.) BUTTONWOOD VOUCHER REQUEST. Attachment: Agenda Report No. II-11.docx II) CONSENT AIRPORT AGENDA ITEMS - NONE