City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS MAY 18, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 18, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, 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 May 11, 2021. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on May 11, 2021. Motion carried 7 to 0. Mayor Whipple read aloud the following Proclamations: National Public Works Week National Water Safety Month Mayor Whipple presented the Supplier Diversity Awards. I) PUBLIC AGENDA 1.) Lane Stansbury - Asking Wichita to Respond to Our Climate Emergency. Lane Stanberry, 8510 E. 29th Street stated he loves Wichita, was born and grew up here and attended Wichita schools, works here and plans on settling down here. Stated Wichita has struggled to address the non-partisan issue of climate change. Stated according to the ACEE, Wichita is 99th out of the 100 largest cities in climate policy. Stated some of the possible avenues that the City could explore would be initiating emission cutting standards or goal sports own operations and buildings and if this is already happening, to make those standards public as an act of leadership and transparency. Stated these same standards can be applied for energy and water efficiency, however we know that green initiatives start with green infrastructure, which includes more sustainable transportation as well as a community-wide initiatives that foster a commitment creating a cleaner environment for all of us living here. Stated while the possibility of bringing back Amtrak is a step in the right direction, we must still commit to not only to funding public transportation including the bus system but also setting goals to reduce emissions through it as well as making it more accessible by subsidizing it for lower income families. Stated the City must institute its independent sustainability board to ensure that these issues are being taken into account when enacting policy and allocating the budget. Stated his generation is becoming increasingly aware of these issues and as someone who has stayed in Wichita his entire life, is in the minority of many of his friends.  Page 2 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Stated he wants people to enjoy Wichita as he does and in order to do that we need to make sure that climate issues are adequately addressed. Vice Mayor Johnson stated since we continue to talk about what we are doing with climate; asked staff if we could make a link on our website to talk about everything we are doing. Stated we get 90% of our energy as wind energy which is an agreement from Evergy and thinks listed all of that out would be great. Mayor Whipple stated announcements at a press conference might not be enough because we are over 80 to 90% wind air energy and according to this ranking, we have zero points in that category; our water conservation program where we refund folks who purchase an appliance that conserves water and have no points in that category; and we continue to increase our fleet with electric buses replacing them with old buses and we got three out of 30 points. Stated we need to be doing a better job promoting the steps that we have taken over the last year so we can get feedback from the community on how we can improve and continue to be responsible stewards. Council Member Claycomb stated we have heard from a lot of people about creating a sustainability advisory board or committee, and thinks it is a great idea to put out on our website all of the things that we are doing. Stated she is wondering if it would be appropriate to ask staff to look at a recommendation on how we might create a sustainability advisory board or committee to help us through this process for the next year while WSU's Environmental Finance Center is helping us; would it be beneficial to do that at this time. Mayor Whipple stated he has received some calls about the Plastic Bag Taskforce Committee asking about their work and some of his responses was about how this has kicked off a more comprehensive conversation about clean energy and keeping our City clean and renewables and sustainability. Stated he wonders if should we create a separate taskforce or do we want to build on the Plastic Bag Taskforce and have that be a larger viewpoint of what they take on as well. Stated with the litter study that we have partnered with WSU on, it seems we are looking at this through a larger lens in perhaps a community driven taskforce would be appropriate. Council Member Claycomb suggested that we ask the Manager to have staff look at this and come back with a recommendation on how we might do this because it will need some staffing and would rely on the Manager and staff to bring back a recommendation. Mayor Whipple stated it is a great idea and maybe we could have staff reach out to the Plastic Bag Taskforce and ask if they would like to be included in a bigger more comprehensive or if they would like to stay in the structure that they are in and create a secondary council for this. Council Member Tuttle stated she would also like us to consider someone from the Food Policy Council. Stated she knows that the Master Food Plan is something that we presented and will be discussing again and thinks chatting with our friends across the street at the county. Stated the footprints are similar and many communities also incorporate the work of a Master Food Plan into a sustainability plan. 2.) Michael McCorkle - Wichita Sustainability Plan. Michael McCorkle stated once again he urges the City Council to establish an independent sustainability board to develop a sustainability plan for Wichita. Stated our planet is facing a global climate change emergency that government and business leaders have ignored for too long in favor of profit and business as usual. Stated we are at a time in history where citizens must speak out about the climate crisis that  Page 3 CITY COUNCIL PROCEEDINGS MAY 18, 2021 threatens our daily lives, future prosperity and the next generation's future. Stated the latest science is clear, we must reduce global emissions by 45% by 2030 and reach net zero by 2050 so future generations can have a livable planet. Stated cities represent up to 70% of global emissions, to survive and thrive, all cities should have a plan to adapt to global climate change, a sustainability plan. Stated too many city governments across the U.S. are failing the people who elected them when it comes to addressing this existential crisis threatening everyone's future. Stated by all accounts our City Manager has served Wichita well for more than a decade, but on this life or death issue for the planet and future generations, the City Manager has not recognized the urgency of the global climate change emergency facing the planet. Stated Kansas is ranked 47th among all states, it is time for action because of the inconvenient truth that climate change is real and Wichita needs to address the climate crisis or suffer the consequences of being left behind. Stated two months ago on March 16th, he called for the City Council to release for public review, any sustainability planning efforts, the City Manager offered inconsistent answers to City Council follow up questions as to what he and his staff are doing about the climate change emergency. Stated after that meeting the City Manager's office took urgent contact of WSU's Environmental Financial Center, showing that little had actually been done to date. Stated last month on April 20th, he spoke again about the City's need for a sustainability plan and when asked for an update about the City's sustainability planning efforts, the City Manager cited two national score cards, which is stated were available to anyone who wanted to see them. Stated he asked for copies of the score card evaluations and received an inaccurate summary. Stated the failing scores show that the City Manager has not taken climate change seriously and has not been transparent on what his office is doing about these future threatening issues. Stated he urges the Mayor and City Council to commit to set up an independent sustainability board to develop a sustainability plan for Wichita. Stated all citizens who share his concerns, should contact their City Council representative immediately about the urgent need of the City to address climate change by developing a sustainability plan now, not later and to demand more transparency on how this critical issue is being handled by the City Manager. Mayor Whipple stated everyone is aware that we are not 80% wind energy for our municipal buildings, we have revamped the water conservation program, we are now replacing our gasoline buses with modern electrical buses and expanding our bike paths and we have worked with WSU to do the litter studies so that we could have more scientific data driven approach to this all within the last year while fighting COVID and trying to keep our economy afloat. Stated your comment that we have done little to date; asked what more should we have done during this time. Michael McCorkle stated he thinks you should have started earlier, you are years behind other cities that are doing this sort of thing. Stated he commends you on what you are doing and will be watching to see what you will be doing further. Mayor Whipple asked if there is anything more we should do working forward that is something we are missing. Michael McCorkle stated he doesn't claim to be an expert on this issue, he is just trying to bring it to public debate. 3.) Kelli Reid - Short Term Rentals. (CANCELLED 5/17/2021) 4.) Barbara Herl - WERAP Program doesn’t work. (NO SHOW)  Page 4 CITY COUNCIL PROCEEDINGS MAY 18, 2021 5.) Kyle Broadfoot - Sustainability Advisory Board. Kyle Broadfoot 1440 N. Coolidge, stated he is a scientist and an educator and ask that the Council consider formally sustainability in every sense by establishing a sustainability advisory board and a Wichita sustainability plan. Stated like many of his cohorts he never planned to stay in Wichita and left 10 years ago for school, training and job opportunities elsewhere. Stated he returned this fall to begin a new career as a teacher and to be closer to his friends and family. Stated this last detail of coming back is getting rarer each year. Stated as an environmental teacher at East High School he has had countless conversations with students about their plans after graduation. Stated like most young people here, they don't see Wichita as a long-term option, they see a bigger brighter future in other larger cities. Stated when he asked, only three of 120 students said they imagined themselves here in five, 10, 20 years from now. Stated those that plan to leave include a handful of students enrolled currently with WSU Tech, Pratt Community College, who when they leave will take their specialized training and skills elsewhere in what they see is growing markets, infrastructure and renewables. Stated this Body is well aware when they leave they also take their talents, energies, and their purchasing and tax dollars with them. Stated by choosing to leave they are voting with their feet for the kind of future that they want and increasingly young people take notice of cities with vibrant public spaces, bus transportation options and initiatives for greater equity, inclusion and climate commitments. Stated the current global climate is already outside of what humans have adapted to and foraged under for the last several thousand years and there is no doubt that these coming changes will impact our region's agriculture, commerce, energy production and our quality of life. Stated as a City we can choose to help mitigate these effects or we can adapt to them after the fact. Stated the best available science tells us that to forestall the worst of these impacts, we need to get to carbon neutral by 2050. Stated a large part of this investment for this goal comes in the form of more resilient infrastructure, energy, buildings and transportation. Stated long known for innovation center for aviation, Wichita is already poised to be a center to attract leaders in that industry's cleaner future. Stated with wide open lands, abundant sun and wind, we are perfectly positioned to take advantage and become a leader in the green energy manufacturing center, attracting these movers and shakers in the clean green future, will go a long way in showing these young people that there are good paying jobs here and that those jobs are places where they can feel they make a difference. Stated this is only part of the equation, to retain and attract the talent that supports these industries, we need to shake the City into a more livable image. Stated he is excited to move back to Wichita and now hear about plans to establish policies and zoning guidance for urban infill, increase tree cover, multimodal transportation, access and greater walkability. Stated we need to also consider ways to attract and support ultra-efficient housing, foster partnerships between the City and utility companies to encourage efficient remodels and retrofits. Stated the opportunity is here, what we need is a plan, a guidance and the boldness to enact it and hopes you will consider establishing a sustainability plan and an independent sustainability advisory board. Vice Mayor Johnson stated he appreciates all you do and working at East High School and we are going to have some action behind what you are talking about. Stated he would love to talk to those young people and if you ever have an opportunity to get some classes together we would come to hear from them directly and see what we can do to help out. Kyle Broadfoot stated sure and has a couple in mind. Mayor Whipple stated that would be great and would love to learn more about what we can be doing because if we are taking action and our action is not being perceived as a commitment towards this; would like to have an opportunity to see what more we can be doing.  Page 5 CITY COUNCIL PROCEEDINGS MAY 18, 2021 II) CONSENT AGENDA ITEMS 1 THROUGH 7 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 7 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 May 17, 2021. Attachment: 05-17-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item. 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: PFPI 5-18-21.pdf Attachment: Resolution 21-153 003136.docx Attachment: Resolution 21-154 003250.docx Attachment: Resolution 21-155 003253.docx Attachment: Resolution 21-156 003262.docx Attachment: Resolution 21-157 003263.docx Attachment: Resolution 21-158 085465.docx Attachment: Resolution 21-159 085459.docx Attachment: Resolution 21-160 085460.docx Attachment: Resolution 21-161 085461 Attachment: Resolution 21-162 085463.docx Attachment: Resolution 21-163 085462.docx  Page 6 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Attachment: Resolution 21-164 003129.docx Attachment: Resolution 21-165 003131.docx Attachment: Resolution 21-166 003143.docx Attachment: Resolution 21-167 003145.docx Attachment: Resolution 21-168 085691.docx Attachment: Resolution 21-169 085692.docx Attachment: Resolution 21-170 085693.docx Attachment: Resolution 21-171 085694.docx Attachment: Resolution 21-172 085695.docx Attachment: Resolution 21-173 085696.docx Attachment: Resolution 21-174 085697.docx Attachment: Resolution 21-175 085698.docx Attachment: Resolution 21-176 085699.docx Gary Janzen Public Works Engineering, presented the item. MOTION: Mayor Whipple moved to approve the new and revised petitions and budgets, adopt the new and amending resolutions, and authorize the necessary signatures. Motion carried 7 to 0. V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. (DISTRICTS I, III, IV AND VI) Attachment: Agenda Report No. VI-1 Attachment: 05-18-21 Summary Table Spreadsheet.xlsx Attachment: 05-18-21 Writeups.docx KaLyn Nethercott, MABCD, reported on property a) 721 N. Madison.  Page 7 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Vice Mayor Johnson asked for the speaker on this property to come to the podium. Gary Black stated he is the grandson and has been taking care of that property and paying the taxes since 2010. Stated the taxes are now in arears due to the pandemic and didn't pay them last year or the year before and hasn't paid them this year either. Stated he has been maintaining the property and working with the inspector and cleaned up the property last weekend. Stated he gutted the house to have it rewired and plumbed but can't do much without the deed to the house. Stated he has been working with legal services to help him get this deed. Stated there are several heirs and one that can't be located. Mayor Whipple stated you are telling us today that the pictures shown today are out of date. Mr. Black stated he saw one of the pictures in the back where he had to take the last piece of board that he had to put on that back window, the garage is boarded up and he has also been dealing with vandalism, which is why the windows are broken out. Stated the people in the neighborhood have been watching it for him and are willing to help him get the property together. Stated there is no trash on the ground and the grass has been cut and trimmed and he has a ladder in his truck to take the debris off of the roof. Stated there is a dispute where they say that the City was called in to clean it up that cost almost $800 and said that they should have called him because he would have done it for $200. Vice Mayor Johnson stated you mentioned the pandemic but it shows property taxes in 2017, 2018, 2019 and 2020 are delinquent and asked Mr. Black if he has a plan of action to get these taxes paid immediately and the house, given what we saw, is in pretty bad shape. Stated foundation work is very expensive, siding and roofing would all need to be taken care of. Mr. Black stated he understands. Vice Mayor Johnson asked if he has a plan of action to take care of that and the means within the next 90 to 120 days. Mr. Black stated he can't take care of all of that in the next 90 days. Stated he doesn't have all of the authority to do it because he doesn't have the deed and once he gets the deed he will be able to access programs such as Mennonite Housing. Stated he does have the ability to have it rewired and plumbed because he gutted the house in order to do that. Bob Layton City Manager asked MABCD staff to remind the Council again of the process we talked about at a workshop where this property fits in that process, which may be beneficial as you consider your next action. KaLyn Nethercott MABCD stated Dan Rutledge is one of our neighborhood inspectors and is assigned to this geographic area. Stated properties are referred for condemnation consideration by the neighborhood inspector through administration because at that point they have done everything they can conceivably do to work with the owners or heirs to achieve compliance. Stated as noted in your packet, we have had an open housing case on this property for three years and 11 months, it has gone unresolved and as mentioned Mr. Black doesn't yet have a legal right to do anything with this property and is uncertain if he will get there. Stated as you recall from our workshop, this is progression of the process as we outline, we started many years ago working with this property through a various number of cases including an abatement but have not yet been able to get it either torn down or returned to a livable state, so it is at the point for you to take that action on this property in consideration of its overall effect on the neighborhood and keeping in mind the wishes of the family who are here to represent that. Stated  Page 8 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Mayor Whipple asked if this is the first time the Council is hearing about this property. KaLyn Nethercott, MABCD stated yes, you wouldn't have heard about this in regular process. Stated housing residential bulky way, tall grass and weeds do not come before the Council unless it is in an ordinance to assess the fees. Stated this particular property does not have mention of court, which is because there isn't an owner to take to court so that process is not going to be effective in helping with resolution with this particular property. Mayor Whipple asked if that is because the speaker can't get the deed. KaLyn Nethercott, MABCD stated the owner is deceased. Mayor Whipple stated his grandfather's property who was forced to move into that area so the gentleman who just spoke is unable to get the deed and thus there is technically no owner. KaLyn Nethercott, MABCD stated that is correct. Mayor Whipple asked what the total is for taxes. KaLyn Nethercott, MABCD stated $1,962.28 pending special assessments for lot cleanup in the amount of $772.54. Mayor Whipple asked what the barrier for getting the deed is. Stated it seems like if you have the deed you would have access to other resources that would help you fix up this property. Mr. Black stated his mother, her brother and sister did not handle it correctly in probate court on the death of his grandfather or after the death of his grandmother. Stated the heirs, which are his siblings, his uncle, and the offspring of his deceased aunt, so his three children are entitled to part of his fourth of her third. Mayor Whipple stated to sum up the situation, when the owners of the house passed away, the house went to their estate, which is shared among multiple people. Mr. Black stated yes. Mayor Whipple stated for you to get the deed in your name you would have to have all these multiple people sign off on it and it is a legal process and is guessing that you don't have access to legal counsel at this time to help expedite that process. Mr. Black stated yes. Stated he had paid over $1,000 in taxes the year before the pandemic began and had planned on paying another $700 but things happened. Mayor Whipple stated all the members in your family who have claim to this house, would they all be in agreement if you had the resources to get the deed. Mr. Black stated he can't get in touch with everyone but he has been taking care of that property for the last 20 years. Stated he would like to get with his brother because he didn't do a very good job while he was living inside the dwelling.  Page 9 CITY COUNCIL PROCEEDINGS MAY 18, 2021 KaLyn Nethercott, MABCD stated for Council's consideration, would like to review the slides of the property one more time. Stated this property has become and attracted nuisance in the neighborhood, it has been vandalized. Stated she would ask the Council to keep in mind that the scope of repair required for this will require a structural engineer's report to certify the viability of the remaining part of this structure and it would also almost certainly require a general contractor to do the work just give the scope of what is there. Stated we are unsure of how long it has been vacant but from the looks of it would say quite some time. Mayor Whipple stated it is your opinion even if the legal issues were settled, the structure itself due to the length that the repairs have built upon each other, that the structure is likely not save-able. KaLyn Nethercott, MABCD stated they consider this to be a highly dilapidated and dangerous structure. Vice Mayor Johnson stated it is a tough situation and understands some of the issues there and appreciates you using the neighborhood grant that was begun in 2017 to try to work out the deed issue. Stated given the current state of the property and the extensive work that would need to be done on this property; he unfortunately cannot be okay with that continuing to be a neighborhood issue that continues to attract everything that is going on there. Mr. Black stated if you go there right now the grass and stuff have been taken care of and doesn't know when those pictures were taken but the lot has been cleaned up and windows are boarded up. Vice Mayor Johnson stated he appreciates that and understands the passion but trusts our staff and Mr. Rutledge who have been there and this wouldn't be before us if they thought that it was save-able right now. MOTION: Vice Mayor Johnson moved to close the public hearing, declare the buildings to be dangerous and unsafe structures, and accept the BBCSA recommended actions to proceed with condemnation, allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair any structures would be contingent on the following: (1) all taxes have been paid to date as of May 18, 2021; (2) the structure has been secured as of May 18, 2021, and will continue to be kept secured; and (3) the premises are mowed and free of debris as of May 18, 2021, and will be so maintained during renovation. If any of the above conditions are not met, the MABCD will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owner of these findings. Mayor Whipple stated if the structure is removed, where does the lot go. KaLyn Nethercott, MABCD stated the deed will stay as it is now if the structure is removed. Stated that doesn't change Mr. Black's ability to continue to work with the heirs to have the deed corrected so that he has that. Mayor Whipple asked what the cost is of the demolition that would be charged to the citizen. KaLyn Nethercott, MABCD stated they have not bid this job yet, there is a possibility it will need to have asbestos removed as well as the demolition and is not able to give an accurate figure on that.  Page 10 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Mayor Whipple asked if it would be over $2,000. KaLyn Nethercott, MABCD stated well over. Mayor Whipple stated the $2,000 right now that is delinquent with taxes given the economic state, we would then also add an additional burden to the family who owns this property. KaLyn Nethercott, MABCD stated yes. Mayor Whipple asked what happens if that bill doesn't get paid. KaLyn Nethercott, MABCD stated eventually it will go to a tax foreclosure sale but it takes a number of years to get there. Stated once the family obtains deed to it, they always have the opportunity to sale it. Motion carried 6 to 1 (Nay: Whipple). KaLyn Nethercott, MABCD reported on the property listed as b) 1003 S. Topeka Ave. (Duplex). MOTION: Council Member moved to close the public hearing, declare the buildings to be dangerous and unsafe structures, and accept the BBCSA recommended actions to proceed with condemnation, allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair any structures would be contingent on the following: (1) all taxes have been paid to date as of May 18, 2021; (2) the structure has been secured as of May 18, 2021, and will continue to be kept secured; and (3) the premises are mowed and free of debris as of May 18, 2021, and will be so maintained during renovation. If any of the above conditions are not met, the MABCD will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owner of these findings. Motion carried 7 to 0. Kalyn Nethercott, MABCD reported on the property listed as c) 419 S. Sycamore Street. MOTION: Council Member Blubaugh moved to close the public hearing, declare the buildings to be dangerous and unsafe structures, and accept the BBCSA recommended actions to proceed with condemnation, allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair any structures would be contingent on the following: (1) all taxes have been paid to date as of May 18, 2021; (2) the structure has been secured as of May 18, 2021, and will continue to be kept secured; and (3) the premises are mowed and free of debris as of May 18, 2021, and will be so maintained during renovation. If any of the above conditions are not met, the MABCD will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owner of these findings. Motion carried 7 to 0.  Page 11 CITY COUNCIL PROCEEDINGS MAY 18, 2021 KaLyn Nethercott, MABCD reported on the property listed as d) 2034 N. Jackson Avenue. Council Member Claycomb stated of someone was interested in buying a property like this, do they have ample time to do that. KaLyn Nethercott, MABCD stated yes and it is a private transaction. Stated we had a housing case on this one for 18 months and if we were able to contact the owners, they would have had ample time to address these concerns and to make a decision on getting rid of the property and it is something that they do not want to keep and repair. Council Member Claycomb stated the property owners have not talked to you about that or that they are trying to sell it. KaLyn Nethercott, MABCD stated no they have not had representation on the four properties before you today, no one attended the BCSA hearing and have not had significant contact with them. Council Member Claycomb moved to close the public hearing, declare the buildings to be dangerous and unsafe structures, and accept the BBCSA recommended actions to proceed with condemnation, allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair any structures would be contingent on the following: (1) all taxes have been paid to date as of May 18, 2021; (2) the structure has been secured as of May 18, 2021, and will continue to be kept secured; and (3) the premises are mowed and free of debris as of May 18, 2021, and will be so maintained during renovation. If any of the above conditions are not met, the MABCD will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owner of these findings. Motion carried 7 to 0. 2.) WATER AND SEWER UTILITY REVENUE BOND SALE. Attachment: Agenda Report No. VI-2.doc Attachment: Basic Docs 2021A - Final.docx Attachment: Parity for Council.pdf (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Mark Manning, Finance Department presented the item. Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to ratify the award of the bid for the bonds by the City Manager and his designee; adopt the Bond Ordinance on a Declaration of Emergency basis; adopt the Bond Resolution; and authorize the necessary signatures. Motion carried 7 to 0.  Page 12 CITY COUNCIL PROCEEDINGS MAY 18, 2021 3.) NORTHGATE 5TH ADDITION DEVELOPERS’ AGREEMENT. (DISTRICT VI) Attachment: Agenda Report No. VI-3 Attachment: Developers Agreement (signed).pdf Gary Janzen, Public Works Engineering presented the item. (Vice Mayor Johnson momentarily left the bench) Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Council Member Claycomb moved to approve the agreement and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Johnson). 4.) 2020-2021 STORMWATER UTILITY PUMP STATION IMPROVEMENTS. Attachment: Agenda Report No. VI-4.docx Attachment: Map.pdf Attachment: Resolution 21- Don Henry, Public Works Department, presented the item. Council Member Tuttle stated on slide 82 the date says 7-04-2021 and wants to make sure that is corrected. Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the budget, adopt the resolution, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Johnson) 5.) DER20201-00002 – APPROVAL OF AN ORDINANCE CREATING THE WICHITA LAND BANK, AND AUTHORIZING THE FORMATION OF THE SEVEN-MEMBER BOARD OF TRUSTEES. Attachment: Agenda Report No. VI-5 Attachment: PFP Input Summary v2.pdf Attachment: Land Bank Bylaws 4-9-21.pdf Attachment: WLB Policy Draft 4-20-21.pdf Attachment: Ordinance 51-558  Page 13 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Scott Wadle, Planning Director presented the item. Council Member Tuttle thanked staff for all they have done and the fact that 4,500 residents were involved in this process takes time but is definitely appreciated as our mission to be an exceptionally well run City, growing our economy and keeping our community safe; thinks this aligns with all of that and asked staff what would be some gauges or benchmarks for success and how would we know in a year from now when we revisit this, what success looks like. Scott Wadle Planning Director stated he would look back at the priorities for the land bank, which are affordable housing and neighborhood revitalization and thinks some good potential measures for this would be how many affordable housing units would be developed in conjunction with the land bank's efforts and measures of neighborhood revitalization and how much reinvestment we are seeing where that land bank has operated. Council Member Tuttle stated right now we are at baseline but maybe next year we could have some goals or objectives with predicted outcomes for the following year. Bob Layton City Manager stated we will probably want to also look at the turnover rate and the land bank and how long we hold the property and we also want to do some kind of cost benefit analysis to see what the return on investment is. Council Member Claycomb stated she also wants to compliment Scott and his staff on the work that has been done on this. Stated it is an example of robust public engagement and answering those questions. Stated in the proposed ordinance, it says that the terms are set forth in a section of the Code of the City of Wichita and asked staff what the terms of office are for the land bank trustees. Scott Wadle Planning Director stated the terms of office is two year terms with the ability to do four years total. Council Member Claycomb asked if the City Council will approve the bylaws and administrative policy guidelines or will just the trustees themselves after we establish the ordinance; who will make that final determination. Scott Wadle Planning Director stated the trustees would first approve it but then it would be presented to you for your approval. Council Member Claycomb stated there was a long discussion on what positions or expertise of people should be appointed to the trustee’s board and the ordinance says, "The board may establish separate neighborhood or City advisory committees on an Adhoc basis," and thinks is a good idea. Stated it says that they "may" and she doesn't want to say that they have to do it every time, but would like to put emphasis on that when a neighborhood is being affected, that there be an Adhoc committee. Stated she doesn't know if we can just emphasize that when the trustees are formed or what suggestions you may have. Scott Wadle, Planning Director stated it would be a very good method to continue those conversations with the board of trustees so that they are aware of that desire. Stated the meeting will be open, they are transparent and you all are appointing a member each to that group so there will be opportunities for that conversation and indicate to them your preference.  Page 14 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Council Member Claycomb stated it seems to her that the item we had on our agenda today about the dangerous and unsafe structures that this could actually help with it. Scott Wadle, Planning Director stated very much so and thinks the timing is really interesting that you had those cases today because if you address the challenge of the nuisance or health hazard that is there, what happens afterwards and what is the game plan for the property after that. Stated in some ways this could be a tool to help provide more options for our community to address those. Mayor Whipple stated it is a tool to help with some of what we saw today with the issue of back taxes being less than $2,000 and asked staff to talk about this program would assist in a situation like that or would this more assist in a situation where once the family does lose the property we could put this into the land bank. Scott Wadle, Planning Director stated it would be more of the second, once a property has been through the process of the nuisance abatement, then what do you do with the property after that is the question. Mayor Whipple asked about the feature with this that helps us clean up someone's delinquent tax issues. Scott Wadle, Planning Director stated Kansas statute allows land banks to abate back taxes and nuisance abatement liens, so they can essentially clean the slate. Stated that is not applied for all special assessments, there are some nuances there. Mayor Whipple asked how this would help get a deed. Scott Wadle, Planning Director stated it is not so much that the land bank has any special authority in this case but rather that the land bank is an organization that can take the time and has the focus to dedicate on to that property to resolve that issue. Mayor Whipple stated if a property was abandoned that you didn't have the deed on and you weren't able to clean the slate and pay the back taxes, would that go into land bank? Scott Wadle, Planning Director stated a lot of that depends the property itself and how useful it would be and if the property can quickly be taken in by the land bank and the issues addressed on that property and then get it back out into the private market. Stated the land bank will have to be strategic because it doesn't have unlimited resources to keep properties maintained, mowed, etc. Stated it would have to be looking for a quick transaction and properties that could be useful to other organizations because the land bank will not be doing development itself, it is anticipated that it will be working with partners to do that. Council Member Cerullo stated you mentioned a little bit about being strategic and focused and asked if you can provide some assurances that the land bank won't be taking in properties just anywhere in the City. Stated he is looking for some guidance on focusing in on neighborhoods or certain areas. Scott Wadle, Planning Director stated the most powerful assurance he can provide is that the City Council will have to approve any of the property transactions. Stated it is also spelled out in the policies and procedures document about what the process is for evaluation of properties and some of the criteria that they will be looking at. Stated before coming to the City Council you will receive a report with a recommendation of whether or not to accept it in the land bank or and if there is a recommendation to accept it, there will be criteria and explanation about how it meets those criteria.  Page 15 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Bob Layton City Manager stated going back to the Mayor's first question, if there is a property that the property owners don't have the where with all to be able to make the repairs or develop their property; they could offer that for sale to the land bank. Scott Wadle, Planning Director stated they could and there has actually been a case like this. Mayor Whipple stated if we were to use the story that was presented earlier this morning, which an individual was going to lose his family's home because it was condemned and he couldn't get the deed or help from the non-profit community. Stated now he will take the cost of the demolition for that, which will put him even more in debt and if this were in place there would have been an option in that situation where he could have sold it to the land bank and not have that $2,000 property tax because the City would own it at that time and would not have to pay the cost of demolition. Scott Wadle, Planning Director stated yes there is that option but the property would have to meet the criteria that the property would be one that the City and the land bank would want to acquire. Mayor Whipple inquired whether anyone from the audience wished to speak. 1) Dennis Cleary stated he is the Government Affairs Director for the Realtors of Southcentral Kansas, we are the local affiliate of the National Association of Realtors. Stated realtors have long been advocates to improve access to homeownership, particularly that of affordable entry level housing. Stated homeownership is not just an American dream it is a cornerstone to economic wellbeing and long-term wealth building. Stated he is here to express their support for the Wichita land bank and to ask for yours. Stated we see it as a tool to spur new housing supply, we need more affordable housing. Stated he would like to offer the expertise and partnership of their association in any way they can help make this endeavor successful. 2) Wess Galyon stated he is here on behalf of the Wichita Area Builders Association. Stated they have been involved for the last 30 plus years in working towards this day and we are here to support the creation of a land bank. Stated the first step in measuring success of the land bank is having one. Stated getting this started today will start the ball rolling toward further action being taken by the board of trustees that you will appoint to the land bank. Stated we are at a point in our City where for the first time in many years we have seen people that are often times across the table from each other not sharing the same goals, objectives or visions being the result of things not happening. Stated he doesn't see that as being the case with this. Stated we have had a constant dialogue with a number of our members that are waiting to see if this gets done and thinks there is a real desire to see good things happen for Wichita particular in the areas of the City that could stand a lot of redevelopment and thinks you will see more groups and larger groups come together to try and do something really significant for the City. Stated one thing the land bank will do is bring people together and thinks it is a tool that is vital to the success that we are looking to have with regard to the inner City and appreciates your support. 3) John Todd stated he stands in opposition to the Places for People Land Bank proposal you are considering today. Stated the last 15 years of his active real estate marketing and property development career was spent selling new homes on vacant infill lots. Stated the count exceeds 150 new homes primarily built in Park City and Kechi with additional houses in Valley Center, Wichita and Newton. Stated he has purchased over a dozen vacant infill lots that were purchased from dozens of property owners as well as Sedgwick County tax foreclosure sales. Stated tax sales were lucrative for many years until the County made it more difficult for him and other experienced tax sale land redevelopment friends to own multiple lots in their own accounts. Stated during his many years in marketing new homes built on  Page 16 CITY COUNCIL PROCEEDINGS MAY 18, 2021 vacant lots, he experienced one title problem that he could not solve. Stated federal government refused to release a tax lien on one lot. Stated after his retirement he was appointed to the MAPC and it was during that time he began hearing staff people from WAMPO talk about the need for a City driven land infill process for the construction of new homes. Stated he assumed that these planning staff had been attending some sort of national planning seminar where they picked up on the giveaway planning language of walkability, greater housing density, and need for public transportations that they say are necessary in order to provide infill housing for people. Stated a 30 member citizen board was selected to study a potential program for Wichita consisting of neighborhood activists, business group organizational staff people, and a few non-profit groups. Stated he did not recognize a single for-profit person on this committee with actual infill land development experience using their own personal money. Stated he believes the wealth and prosperity of homeownership we enjoy in Wichita as well as our country has been created and reduced by private for-profit land developers and builders. Stated these enterprising individuals risk their own money by offering housing choices that are market driven. Stated most of these programs he has observed have created rental tenants and not homeowners. Stated this is the tragedy of most driven housing projects, they create housing dependency and not the desired housing independence of homeownership. Stated he views the Places for People Land Bank proposal that you are considering today, has a simple continuation of government attempts to participate in the land development of business. Stated they create more problems than they solve, plus they create dependency projects to house people. Stated the proposal you are considering today calls for the creation of a seven member, independent Wichita land bank board that is appointed by and accountable to the City Council; so what does independent and accountable actually mean. Stated how can these two different concepts actually square with each other and what penalty if any, is a land bank board member held accountable to if he or she actually makes bad investment decisions or tries to sell a property to one of their friends. Stated he is also concern with potential perception of corruption when the appointed land bank board is challenged with mixing publicly owned land transactions with public financing tools that are commonly used by the City Council. Stated perhaps you should amend the final ordinance to be the able use of public financing incentive tools with land bank transactions. Stated on the event you pass the ordinance today, that you consider placing at least a two year sunset on it as a stipulation for passage. Stated doing nothing and not passing this legislation today is the best option available and would ask that you have confidence that there is a private sector market driven solution for solving complex and sophisticated real estate transactions in Wichita as opposed to the government driven solution you are considering today. Council Member Tuttle stated she heard the speaker suggest maybe having a two-year sunset and is not sure if we should be talking about a sun setting program when it is just beginning. Stated we need to have baseline data in being able to evaluate success but would like to recommend that we have an annual review where it is presented here at City Council and we can monitor it. Stated it is hard for her to think about sun setting something when it is just getting started. John Todd stated his point is, let's take a look at how it actually works and then decide whether we can continue or not. Council Member Tuttle stated that is what she is asking. John Todd stated this is a process that happens a lot at the legislature. Council Member Tuttle stated that is what she is asking for, that we have some sort of annual update so that the community can also see the progress that we are making.  Page 17 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Council Member Claycomb she has a clarifying question for staff. Stated she read the ordinance and all of the documents attached to it and thinks Mr. Todd was asking that people not have a conflict of interest, particularly like if someone accepts incentives from the City, that they not be able to serve on this board and as she recalls in her reading of the documents, that is already taken care of. Scott Wadle, Planning Department stated this board is subject to the Ethics Policy so therefore, conflicts of interests involving financial matters would not be allowed. Council Member Claycomb stated it seems like there was something very specific targeting incentives and asked if she is not remembering that correctly. Bob Layton, City Manager stated going back to Council Member Tuttle's question, believes that there is an annual review built into the documentation but doesn't think it is in the ordinance and thinks it is in the procedures or bylaws. Stated you are going to be periodically involved in this anyway, so you will be making decisions on an ongoing basis during the year plus then, we will do a program added review at the end of a year. Council Member Tuttle stated we will see that progress as it happens through the year but it will be great for it to come back as a combined evaluation so that people will also be able to see the end success. John Todd stated it would be productive to also include it in the ordinance. 4) Chris Bohm 6201 Briar Rose Lane stated he is speaking as a private citizen today. Stated he is on the Board of Director for Wichita Habitat and has been involved for about a year with the land bank formation committee. Stated he works a lot in development and we do a lot of infill development for private developers. Stated in his view, this is a different thing and in the context of working with Habitat, it is really difficult for Habitat to find lots on which to build. Stated they target neighborhoods, they look for properties that are attractive and can afford and build. Stated in light of what we heard earlier today, if there were options for some folks to dismiss themselves from a piece of property that is distressed and it could go into a land bank and be sold to the open market but maybe to a Habitat or maybe to a Power CDC, or a Mennonite Housing, whoever would be in the market for that piece of ground, it would go a long way to addressing some of the issues that you experienced. Stated there is a big building gap in some areas of town; when Habitat builds a new home there is about a $50,000 construction gap over the appraisal gap. Stated Habitat provides mortgage to the new homeowner based on the appraisal of the property and that makes it difficult and that is Habitat's mission. Stated to make it available to them or the other non-profit developers and for-profit developers, thinks it is a tool and would stand in support of that today. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Vice Mayor Johnson stated a few things came up that he has seen from constituents that needs defining by staff. Stated there is a question on what is considered affordable housing. Scott Wadle, Planning Director stated he doesn't know if we spell it out in these documents but thinks that any sale or disposition of the property would have to make the case that it is meeting the criteria that is set forth in terms of priorities and you would see that when it comes to the City Council for approval.  Page 18 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Bob Layton, City Manager stated he is not sure if staff has ready access to it but we did define it during the discussion of incentives because at that time we identified what the gap would be necessary for a developer to construct and sale an affordable house but doesn't remember the sale price. Vice Mayor Johnson asked if that was the April workshop. Scott Wadle, Planning Director stated he believes that is correct. Vice Mayor Johnson stated the other question was, where this targeting is but the agenda report had the established central area and asked staff to define that. Scott Wadle, Planning Director stated that is correct and is roughly the area from 29th Street down to 31st Street on the south from Ridge Road over to Rock Road. Stated it is effectively the area of Wichita that was developed up to the 1960's and before. Vice Mayor Johnson stated those are the two questions from the community that he has seen and also thanked staff for all of his work. Stated he has been very vocal about some of his concerns about neighborhood representation and wants to say that he had some really good conversations with stakeholders about what that looks like and will take Council Member Claycomb's and staff's advice to really talk about this to his appointee. Stated what was confirmed was as homes are developed there will be lots of effort to reach out to the specific neighborhood where these homes are being developed or properties purchased homes, put on them which is something that alleviates his concern because the biggest thing he heard was that neighborhood association presidents and neighbors not knowing what is going on, asking questions and not having that information. Stated if the land bank body is doing that specifically targeted to those neighborhoods alleviates his concerns. Council Member Claycomb asked staff if he found something on the question she asked him earlier. Scott Wadle, Planning Director stated yes, on page 3 of the bylaws is a section on conflicts of interest and ethical considerations. Council Member Claycomb stated she thinks it would help for the public to get a firmer grasp on what a land bank can do that a private developer or enterprise may not be able to do and to talk about that a little bit again. Stated she understands that the land bank is not in this to make a profit, and that is generally how private developers do business and make their livelihood, so our purpose is different and asked staff to speak about that. Scott Wadle, Planning Director stated the land banks that they looked at, which was about nine different communities and none of them were self-funding, they all required a subsidy of some form or fashion. Stated this is a tool to deal with challenging properties and to help spur revitalization in neighborhoods. Stated this is not something where you are going to make money on and is definitely not a private enterprise. Stated it is a component unit of city governments in Kansas, it is an entity that the state allows you to create and has the unique ability that has been granted to it by the state to abate back taxes and nuisance abatement liens, which is unique to the land banks. Stated it has the unique ability to defer special assessments for public improvements and those are the key components of what is unique about a land bank but although not unique in terms of what is written and authorized by state statute, thinks a land bank is an organization that will have a single focus on getting properties back into productive use, which is something that we don't have right now. Stated when the land bank is evaluating and considering  Page 19 CITY COUNCIL PROCEEDINGS MAY 18, 2021 properties and uses, it is not all about just getting the biggest dollar amount for a property, it is about what the community needs and desires. Council Member Blubaugh thanked Scott Wadle and Bob Layton. Stated this is a game changer for Wichita to help increase the inventory of homes for sale, improve the quality of life for Wichitans, and increase homeownership. Stated with record increases we are seeing in lumber and labor, it is crucial that we think outside of the box and keep housing affordable for all Wichitans. MOTION: Mayor Whipple moved to adopt the recommended action of the MAPC and adopt the Ordinance on first reading creating the Wichita Land Bank (WLB) and authorizing the formation of the seven-member Board of Trustees. 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 1.) EMERGENCY HOUSING VOUCHERS. Attachment: Agenda Report No. VIII-1.docx Attachment: KS004- Emergency Housing Voucher Award Letter.docx Attachment: PIH2021-15 - Emergency Vouchers.pdf (Council Member Frye momentarily left the bench) Sally Stang, Director of Housing and Community Services presented the item. Vice Mayor Johnson asked for staff's interpretation on what at risk of experiencing homelessness for fleeing or attempting to flee, is in reference to, is that only in reference to domestic violence? Sally Stang, Director of Housing and Community Services stated it could be taken in a broader context especially with human trafficking and those who are teetering on homelessness. Vice Mayor Johnson stated if teetering on homelessness was in reference to potentially being evicted for speaking out about your living conditions; is that considered teetering on homelessness? Sally Stang, Director of Housing and Community Services stated it could be, they would need to be referred through the coordinated entry system of the continuum of care that is mandating that referrals come through coordinated entry.  Page 20 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Vice Mayor Johnson stated he knows two places that could use this for several people right now who are worried about eviction because of exposing poor property management and will get with them. Sally Stang, Director of Housing and Community Services stated she would recommend those folks to apply through the WERAP program because we do have housing stability services and are just starting to allow housing stability services that is overlaying with the Emergency Rent Assistance for people who need to be relocated whether they are an unsafe housing circumstance or housing unstable for other means. Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the Wichita Housing Authority’s acceptance of the Department of Housing & Urban Development’s offer of 142 Emergency Housing Vouchers, made available under Notice PIH 2021-15 (HA) as part of the American Rescue Plan Act, effective July 1, 2021 and authorize the necessary signatures. Motion carried 7 to 0. 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 Cerullo appointed Bentley Young as the first youth representative on the District 3 Advisory Board. Mayor Whipple appointed Thy Phan to the Diversity Inclusion Civil Rights Board and the Sedgwick County Commission is reappointing David Eslinger and John Hennessy Jr. to the Wichita Airport Advisory Board. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Vice Mayor Johnson stated he wants to clarify a question that was asked by a citizen earlier about affordable housing. Stated that has been defined at the workshop as approximately $170,000; however, in some areas a public subsidy would be needed to help that price and the public subsidy could be as high as $60,000 so that would drop that down to $110,000, which is on par with a lot of affordable housing through other CHODOs happening right now.  Page 21 CITY COUNCIL PROCEEDINGS MAY 18, 2021 RECESS-EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 30 minutes to receive information on a potential site for a new city facility pursuant to K.S.A. 75-4319(B)(2) for the preliminary discussions of the acquisition of real property. The Executive Session is required to protect the City's right to the confidentiality of its negotiating position and the public interest. The Executive Session will begin at 11:45 a.m. and end at 12:15 p.m. The meeting will resume in the Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 12:17 p.m. MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 4 to 0( Absent: Blubaugh, Frye and Claycomb). ADJOURNMENT The meeting was adjourned at 12:18 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 7  Page 22 CITY COUNCIL PROCEEDINGS MAY 18, 2021 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 May 18, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 05-18-21.pdf b.) Preliminary Estimates for Sanitary Sewer Improvements to Serve Bradley Fair 3rd Addition. Attachment: Cover Sheet Bradley Fair 3rd.doc Attachment: PE Template NTBA Bradley Fair 3rd.doc Uncategorized Items: 3.) 2021 WaterWalk Annual Events – Community Events with Alcohol Consumption – Resolution. (District I) Attachment: Agenda Report No. II-3 Attachment: Final Friday Map .pdf Attachment: Friday Night and Food Trucks at Fountains .pdf Attachment: ICT Yoga Fest .pdf Attachment: Resolution 21-150 4.) Brickyard Annual Events – Community Events with Alcohol Consumption – Resolution. (District VI) Attachment: Agenda Report No. II-4 Attachment: Site Plan Art and Ale 1.pdf Attachment: Site Plan Beyond May 23, 2021.pdf Attachment: Resolution 21-151 5.) Over Estimate Bid for SWS No.742 Reinforced Concrete Box (RCB) Replacement – Tyler and Harry.  Page 23 CITY COUNCIL PROCEEDINGS MAY 18, 2021 Attachment: Agenda Report No. II-5 Attachment: Revised Bid Tab.pdf 6.) Amendment to Cell Tower Lease in Herman Hill Park. (District III) (PULLED PER CITY MANAGER) 7) Second Reading Ordinances: a.) Second Reading Ordinances (first read May 11, 2021) Attachment: List of Second Reading Ordinances 05-18-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE