City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 13, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Becky Tuttle, Cindy Claycomb, Bryan Frye, Jared Cerullo, and Jeff Blubaugh. 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 9:00 a.m. Approve the minutes of regular meeting on April 6, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on April 6, 2021. Motion carried 7 to 0. Mayor Whipple read aloud the following Proclamations: Arbor Day Official Esports Team of Wichita I) PUBLIC AGENDA 1.) CANCELLED 4/12/2021 - Randy Mullikin 2.) Dr. Holger Meyer - Climate Emergency. Dr. Holger Meyer stated we need to step up our efforts to leave oil and gas in the ground and the City can contribute significantly to that. Stated that he came here this morning by bicycle on the Red Bud Trail. Stated when he got to City Hall he found no bike rack on the south side of the building. Stated he chained it to a fence and when he came inside the building he was told that was not allowed and was told to bring his bicycle around to the north side where there is a well-hidden bike rack. Stated he then wanted to enter the building and a person opened the door and told him he actually needs to walk back around to the other side. State this place is inaccessible to bicyclists. Stated there are many examples like this around Wichita, there is effort to make it car friendly and no effort to make it bicycle friendly. Stated pedestrians have sidewalks available in some places but not consistently throughout. Stated he thinks there is a lot to be done. Stated the electric busses are a welcome addition to the city, but public transportation is still not meeting the needs of Wichitans. Stated many of these issues do not reach general awareness as there are not enough cyclists and there is not enough of an effort to be conscious about environmental decisions. Stated we need to come up with more meaningful ways to provide input with a sustainability board for the city with other ways to provide input and other cost savings opportunities as well. Stated leaving oil and gas in the ground in the climate emergency we are facing is imperative. Stated if you do not want to do it because it is the right thing to do you should do it because it is the smart thing to do. Stated young  Page 2 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 people are going to stay in cities that are taking initiative to save the planet, to protect the environment, to provide clean air and clean water and an overall environmentally friendly lifestyle. 3.) Carolina Avila - Climate Emergency Carolina Avila stated climate change affects everybody. Stated it has become a very controversial topic that everyone feels strongly about whether they believe in it or not. Stated the effects have taken a toll on the lives of civilians directly through heat, extreme weather, and pollution. Stated currently Kansas has 35 dangerous heat days within a year. Stated by 2050 this will increase to 70, thus impacting the number of droughts significantly disrupting our food and water supplies. Stated by decreasing the amount of water that is available it becomes more expensive. Stated the decreased river flows can create problems for navigation, recreation, and public water supplies. Stated water and food borne illnesses are increasing due to the water becoming more scarce. Stated as temperatures in Kansas increase the soil on the land has become drier leading to farmers needing to irrigate their crops more frequently becoming increasingly difficult as less water is available. Stated climate change also increases the spread of disease, medically speaking, people are becoming sicker due to this illness. Stated allergies and increased asthma have increased due to the spike in temperature and air pollution. Stated kidney failure has developed in people due to dehydration from exposure to the extreme weather. Stated as we fight these physical battles it is also disrupting our emotional wellbeing. Stated as the impacts are becoming more common people are starting to feel the toll. Stated summer temperatures spike and so do the electricity bills while winters continue to freeze forcing the heaters into overdrive. Stated this negatively impacts impoverished communities who do not have the funds to keep up. Stated as seasons drag on for longer periods of time the consequences will only increase. Stated it is our responsibility to continue spreading information and fighting for our voices to be listened to for us to hope for any kind of future. 4.) CANCELLED 4/13/2021 - Lizuly Meraz 5.) Celeste Racette - Former Public Library - Architectural Gem Celeste Racette stated when she talks to leaders of Wichita non-profits such as Visit Wichita and Greater Wichita Partnership she has found a lack of interest in our historic public buildings. Stated she wants to educate the City Council about the Wichita Public Library which is on both the state and federal national register of historical places. Stated the nomination was written by architect Robert McLaughlin, the Wichita Public Library was part of a $15 million bond issue approved by citizens in a vote on May 23, 1961. Stated the library was designed in the modern brutalist style by local architects Shaffer, Schumer, and Efflin now known as SJCF Architecture. Stated the word brutalism is defined as a style in architecture using exaggeration and distortion to create the effect of massiveness or power. Stated the word comes from the French words beton brut which means raw courage. Stated brutalist buildings maintain one constant, a sense of permanence. Stated to stand in front of the library is to humbled, to be confronted by eternity, a building that will outlast you and us. Stated classical buildings look backward, brutalist buildings look forward. Stated the library was completed in 1967, the general shape is in a cruciform and features a full basement, main level, mezzanine and upper level. Stated the 90,000 square- foot building is full of depositions and contradictions, daylight and shadow, solid and void, heaviness and lightness, vertical and horizontal. Stated the library is light filled and airy with large windows framing breath taking views of our blue sky. Stated the primary materials are sand colored concrete poured in structure, the quality of this concrete is exceptional and difficult to achieve this finish today. Stated thank you to Mayor Whipple and County Commissioner Meitzner for allowing this building to be used for COVID vaccinations. Stated in 1968 the library buildings award program honored the Wichita Public Library as one of seven libraries nationally to receive the national merit award from the American Institute of Architects. Stated photos of the library by Julia Schulman can be found in the Getty Museum.  Page 3 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Stated the library remains in good condition and needs only minor repair and maintenance. Stated that as brutalism ages it maintains the same bold and monumental feeling that the architects intended 50 years ago. Stated in front of the building is a recessed basin that was once a two level fountain that has run dry. Stated there is a bronze statue of Joan of Arc with landscaping beds containing weeds. Stated Council Member Tuttle sits on the City of Wichita Sister Cities Board and allowed a replica of a precious gift from Orleans, France, a sister city, to sit amid weeds. Stated it makes her wonder if she really cares about what it means to be a friend, either she does not know about the history of Wichita or does not understand friendship. Stated during World War II Orleans, France was a major logistic hub for the Nazi, in August 1944 the Americans liberated the City of Orleans from Nazi occupation. Stated in 1965 the Wichita Mayor, an army fighter pilot in World War II, was part of the first delegation of city officials to travel from Wichita to Orleans. Stated other members of the group included two infantry veterans that have liberated Orleans. Stated the trip was paid for by France as a goodwill gesture. Stated in 1973 Wichita and Orleans formally because sister cities, the Joan of Arc statute was a gift from France as a gift of friendship. Stated the Chung report said one of the most important aspects of making Wichita attractive was showing pride in our city, is landscaping with weeds a gift of friendship something to be proud of. Stated the flower beds around Joan of Arc and the Wichita Public Library are a disgrace to Wichitans, Veterans, and visitors walking around downtown. Stated the Wichita Public Library and Joan of Arc are worthy of your attention. Stated if you can find $4 million in city funds to give to Jim Korroch for his Fairfield Inn, or give away Riverside public land to Jones and Burke, or start a TIF District to landscape Union Station then you can find funds to landscape public flower beds and erect a bronze marker next to Joan of Arc explaining the sacrifice that went into our sister city relationship. Stated friendships mean you care, honor means you understand commitment, ethics means you use public funds to benefit Wichita citizens and their public buildings. Stated if you care about Wichita then start showing it. Council Member Tuttle stated she wants to make sure the community is aware as well as the speaker that all of the City Council Members and the Mayor are Sister City Board Members. Stated she is not exclusively a Board Member, they are all equally Board Members. Mayor Whipple stated he thinks we would get further if we worked harder to separate the problems from the people. Stated if the problem is that there are weeds around a beloved statute we should talk about the problem. Stated if we start naming names, even during the public forum, it distracts from the issues that might have inspired us to be here. Stated as we move forward he asks to be more focused on issues that they can all get behind than people or our own personalities that we reflect on these people. Stated he does appreciate the indication that there are weeds right now around that statute and it was not something that was brought to his attention and would like to go see it afterwards. II) CONSENT AGENDA ITEMS 1 THROUGH 12 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 12 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 April 12, 2021. Hannah Lang, Department of Finance, reviewed the item.  Page 4 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Council Member Frye inquired to go back to the bid for the temporary asphalt. Stated the Engineering Estimate was $140,000, this is $90,000 off from that. Inquired if we are concerned that is too low of a bid and has never seen a stretch that wide before on a project like this. Gary Janzen, Public Works Engineering, stated they put this bid together in a really short time frame, not knowing some of the particulars. Stated this is not normal for this type of parking lot to be built. Stated they initially reached out to come contractors to get some feel of what the cost might look like and feels those came in really high because of the timing factor and wanting it to be open for opening day. Stated they have no concerns with this contractor and the work they are going to do. Stated more than anything he was trying to be more conservative, but they have no concerns. Council Member Frye stated he has no issues with the contractor either, he was concerned with the spread of the difference. Stated he knows we are on a tight timeframe to get this done and was worried they would come back with additional costs they did not expect with it being such a difference. Gary Janzen, Public Works Engineering, stated when you ask contractors for a price and then competitively bid it a lot of times you will see this difference too. Mayor Whipple inquired if the company that was able to obtain the contract if it is a company that they have done work with in the past who has had contracts with the City. Gary Janzen, Public Works Engineering, stated yes, they have done work for the City for many years. Mayor Whipple inquired if in past transactions with them has their bids been as close to what was presented as other companies. Gary Janzen, Public Works Engineering, stated yes typically, it depends on the project. Stated there are so many variables when bidding projects but they did not see any anomalies here. Stated they are comfortable with what they are doing. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements Attachment: resolution 21-116 085469.docx Attachment: resolution 21-117 085470.docx Attachment: resolution 21-118 011230.docx Attachment: resolution 21-119 085718.docx Attachment: resolution 21-120 085719.docx  Page 5 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Attachment: resolution 21-121 085720.docx Attachment: resolution 21-122 085452.docx Attachment: PFPI_ 4-13-21.pdf Attachment: resolution 011226.docx Gary Janzen, Public Works Engineering, reviewed the item. Vice Mayor Johnson asked staff how this process was working out and if we are receiving any feedback from the developers on this. Gary Janzen, Public Works Engineering, stated they have received a tremendous amount of feedback from the developers and has worked even better than we had hoped internally. Stated this has saved his staff quite a bit of time and have been very pleased on how this is going. MOTION: Mayor Whipple moved to approve the petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Motion carried 7 to 0. V) UNFINISHED COUNCIL BUSINESS - None VI) NEW COUNCIL BUSINESS 1.) 2021 Park Facility Enhancements. Attachment: Agenda Report No. VI-1 Attachment: Resolution 21-110 Larry Hoetmer Public Works Engineering, reviewed the item. Mayor Whipple asked staff for an estimate on how delayed that maintenance has been. Larry Hoetmer, Public Works Engineering, stated it is hard to detect, there are so many variables on each one of these facilities and Edgemoor was the one that was pointed out. Stated over time that cost has gone beyond that 30% cost on what the value of that piece of property, that amenity is. Mayor Whipple asked if we were more timely with the repairs, then we wouldn't be spending 30% more on this project? Larry Hoetmer, Public Works Engineering, stated potentially. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. Council Member Cerullo asked if all of this money is already allocated or is this something that as soon as the department gets it, then you decide and asked if any of this funding could be allocated for improvements to keep up Clapp Park.  Page 6 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Larry Hoetmer, Public Works Engineering, stated this fund is a city wide park fund and could be utilized either for park facilities, park centers, shelters and even smaller items such as picnic tables. Stated what the City is challenged with doing is looking at those facilities that need the greatest attention. Stated in this particular case they always look at public safety as a major response and the foot bridge is considered a public safety. Council Member Cerullo stated he has heard some complaints about the foot bridges at Clapp Park, which is why he brought it up. Bob Layton, City Manager, stated regarding Clapp Park, we are in the final stages of getting the Master Plan done for that park and you will be getting a series of recommendations on phasing improvements on that park. Stated that facility itself will receive special funding. MOTION: Council Member Frye moved to adopt the resolution, authorize initiation of the project and authorize the necessary signatures. Motion carried 7 to 0. 2.) Wichita Employees’ Retirement and Police and Fire Retirement Systems Actuarial Valuation Reports as of December 31, 2020. Attachment: Agenda Report No. VI-2 Attachment: P&F Actuarial Valuation Report 12.31.2020.pdf Attachment: WER Actuarial Valuation Report 12.31.2020.pdf Mark Manning, Director of Finance introduced the firm of the actuary that we utilize, Cheiron, and due to travel restrictions they were unable to join us in person. Jake with Cheiron reviewed the item. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. Bob Layton, City Manager, thanked the Mayor and City Council for the actions they have taken to keep the systems healthy. Stated the performance is exceptional and much better than the State's systems for instance, and really better than most of our peers. Stated their commitment to fully fund the actuaries recommendation has made sure that our employees as they retire have an incredible retirement account. Mayor Whipple stated when he was looking at the graphic that showed our two pension systems as a system of pipes with valves that is well organized and functioning machine. Stated what would this image look like if we were to compare what the state has done. Stated it was somewhere between a leaky bucket or a barrel with a whole blown through the side. Stated he does agree with the Manager and we are ahead of the curve when it comes to how we compare with other levels of government and it is really due to our amazing staff. MOTION: Mayor Whipple moved to receive and file. Motion carried 7 to 0.  Page 7 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 (Amended Motion made by Vice Mayor Johnson) MOTION: Vice Mayor Johnson moved to amend approve the 2022 employer contribution. Motion carried 7 to 0. 3.) Qwally Solution. Attachment: Agenda Report No. VI-3 Attachment: COW_IT_Agreement_Qwally_sub-SaaS_04062021.pdf Donte Martin, Assistant City Manager, reviewed the item. Council Member Claycomb asked if there is also a website or do small business owners have to use an app. Donte Martin, Assistant City Manager, stated there is also a website, currently Qwally staff is working with City staff to develop what our local solution would look like. Stated what we envision is something that exists outside of our regular system or backend systems and provides manifest that you can access via a website or an app. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. Vice Mayor Johnson stated this project is really exciting and shows value in our membership with the National League of Cities who reached out to us with this opportunity and we engaged it. Stated he has been working with staff, City Manager, and IT on all of this. Stated this is a wonderful step forward as they saw in the video to help businesses in the community have one entry point which is something that will be helpful and is removing barriers and rolling out the red carpet, this is one of those tools that can do that. Stated this will allow businesses to work with multiple levels of government and one entry point and is really excited about this rolling out and seeing what type of engagement we can get in Wichita. Stated Mobile, Alabama and Kansas City have been doing great and Wichita can do great as well. Stated he appreciates the time staff has taken working on this. MOTION: Vice Mayor Johnson moved to approve the agreement and necessary budget adjustments and authorize the necessary signatures with Qwally, Inc. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE  Page 8 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Claycomb appointed Renee Carrion to the Diversity, Inclusion and Civil Rights Advisory Board. Council Member Tuttle appointed Timothy Johnson to the District II Advisory Board. Vice Mayor Johnson appointed Landon Gibson to the District I Advisory Board. Council Member Cerullo reappointed Cindy Miles to the District III Advisory Board, de-appoint Marquetta Atkins from the Diversity, Inclusion, and Civil Rights Advisory Board, and appoint Diana Edmiston to the Transit Advisory Board. Mayor Whipple appointed Mackenzie Borland, Pamela Hughes Mason, and William Polite Jr. to the Diversity, Inclusion and Civil Rights Advisory Board, appoint Dr. Kelly Jones, DVM, to the Animal Control Advisory Board, and Stacy Ward to the Small Business Advisory Council. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Mayor Whipple stated over the past few weeks they have seen an increase in young folks who are becoming more civically engaged and want to highlight that we have had students from high school here to talk about issues that are important to them. Mayor Whipple introduced Jena Dozer who is a Wichita State student who is there shadowing today. Stated he wants to stress that we are open, with precautions, for folks to come in and speak to the City Council. Stated it is encouraging to see that next generation step up and get more involved and they want to encourage more of that. Stated if there is anything they can do as a City Council they are here to serve and would like to continue that momentum of folks having access and voicing their opinions. Mayor Whipple thanked those who have taken advantage of us opening partly back up to come here and voice your opinions as well. Vice Mayor Johnson stated he is really excited about what is going on in Nomar and is glad to see Gene and Yolanda are making an investment there and that some great things are going to come from that. Council Member Cerullo stated he wants to make one push to have anyone who is hesitant to get their COVID-19 vaccine to please do it. Stated the vaccine is the number one thing that will get us back to truly normal. Stated they have all had at least the first shot on the bench and are fine and urged others to get their shots.  Page 9 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Mayor Whipple stated he believes it was reported that the County Health Department as well as the non- profit and private sector healthcare facilities in Wichita have about one third of the Sedgwick County population who has received at least one dose. Stated that is very encouraging. Stated vaccinefinder.org is a very good resource that the state is using to find access to appointments. Stated the goal is to get vaccinated and stay on track so we can open back up and become back to normal as possible and safely as possible. Council Member Blubaugh inquired if they have been giving the Johnson & Johnson vaccine in Wichita. Stated he sees that the state has suspended that. Robert Layton, City Manager, stated he read about an hour ago that Sedgwick County has suspended the use of Johnson & Johnson. Council Member Blubaugh inquired if we have any idea how many we have used or if we have had any issue with that vaccine. Robert Layton, City Manager, stated he does not know for sure and does not have that information. Stated he does know that the supply of Johnson & Johnson has dwindled over the last week or 10 days. Stated he does not know if they have been distributing a significant number in the last two weeks. Council Member Blubaugh asked if the City Manager could find out that information for him. Mayor Whipple stated he believes what the FDA is investigating is six people who received the vaccine and later had a blood clot out of the hundreds of thousands who have received the vaccine. Stated they are investigating out of an abundance of caution. Stated it is something worth keeping an eye on, but he does want to stress that as of today what stopped it was six people. Stated apparently as a country we have enough of the Pfizer and Moderna to not slow down the vaccination plan. Stated if you are still some who is still looking to get a vaccination to please check out vaccinefinder.org or the County website there is a good chance you will be able to get an appointment easily. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 7 to 0. The City Council meeting adjourned at 10:03 a.m. Respectfully submitted, Jamie Buster, MPA, CMC Deputy City Clerk  Page 10 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 II) ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 12 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 April 13, 2021 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEsforCC_04-13.pdf 3) Design Services Agreements: a.) Design Services Agreement for Auburn Lakes Addition. (District IV) Attachment: Agenda Report No. II-3a Attachment: Agreement b.) Design Services Agreement for Firefly Way 2nd Addition. (District II) Attachment: Agenda Report No. II-3b Attachment: Agreement c.) Design Services Agreement for Schulte-Johnson 2nd Addition. (District IV) Attachment: Agenda Report No. II-3c Attachment: Agreement d.) Supplemental Design Agreement No. 1 for Improvements to Castlegate 3rd Addition Phase 1. (District V) Attachment: Agenda Report No. II-3d Attachment: SA#1.pdf e.) Supplemental Design Agreement No. 2 for Improvements to Meadowlake Beach Addition. (District III) Attachment: Agenda Report No. II-3e  Page 11 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Attachment: SA#2.pdf f.) Supplemental Design Agreement No. 1 for Improvements to Pike Addition Phase 2. (District V) Attachment: Agenda Report No. II-3f Attachment: SA#1.pdf 4) Change Orders: a.) Change Order No. 2 and Change Order Limit Adjustment for Water Sampling Stations. Attachment: Agenda Report No. II-4a Attachment: CO #2_Water Sampling Stations.pdf Attachment: Resolution 21-111 b.) Water Playground Improvements at Boston, Edgemoor, and Evergreen Parks – Public Exigency/Change Order No. 3, and Change Order Limit Adjustment. (Districts I, II, and VI) Attachment: Agenda Report No. II-4b Attachment: CO #3_Water Playground.docx Attachment: Memo.pdf Attachment: Resolution 21-112 Uncategorized Items: 5.) Evergreen Renovation Project. (District VI) Attachment: Agenda Report No. II-5 Attachment: Resolution No. 21-113 6.) Sale of a City-owned Remnant at 10727 East Kellogg. (District II) Attachment: Agenda Report No. II-6 Attachment: Supporting Documents.pdf 7.) March 2021 Monthly Report of Contracts and Agreements. Attachment: March 2021 Monthly Report of Contracts and Agreements.pdf 8.) Botanica Parking Expansion Private Donation. (District VI) Attachment: Agenda Report No. II-8  Page 12 CITY COUNCIL PROCEEDINGS APRIL 13, 2021 Attachment: Resolution 21-114 9.) Visit Wichita February 2021 Reports. Attachment: Visit Wichita TGT Reporting 2.2021 with budget.pdf 10) Second Reading Ordinances: Second Reading Ordinances (first read April 6, 2021) Attachment: List of Second Reading Ordinances 04-13-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 11.) Jabara Road Restrictive Covenant - Colonel James Jabara Airport. Attachment: Agenda Report No. II-11 Attachment: Restrictive Covenant JO signed.pdf Attachment: Supporting Document.pdf 12.) Double Z, LLC – Amendment No. 2 - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-12 Attachment: Double Z, LLC. - Amendment 2.pdf