City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 8, 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, Sharon Dickgrafe, Deputy 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 June 1, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on June 1, 2021. Motion carried 7 to 0. Award - Citizens Fire Academy Graduation. Mayor Whipple and Council Member Tuttle presented the awards. Mayor Whipple and Council Member Tuttle presented the awards. I) PUBLIC AGENDA 1.) Ron Rosales - Economic development at 21st Street and Broadway. Ron Rosales stated he represents the sixth district on the school board as well as a sixth district resident. Stated he is here today to present an opportunity to further economic development between the 21st Street and I-135 Broadway corridor. Stated the corridor between I-135 and the intersection at 21st Street and Broadway needs to be improved in order to provide for a smoother flow of east and west bound traffic. Stated currently, this is a barrier that impedes on the economic development that many businesses have called this area of the City home. Stated he speaks in behalf of many of Mexican-American people who were born and raised in this community and who are homeowners, business owners and landlords who have made a living over the years despite disparity. Stated one of our icons on the north side of 21st Street and Broadway is Connie's Mexican Cafe who has been there for over 50 years and who has made a business despite all of this. Stated they are just one, there are a lot of good restaurants, grocery stores, etc. in that area. Stated with private development going on at the intersection of 21st Street and Broadway, it is time to look for solutions to make the east and west bound traffic flow better in order to sustain the many businesses that are within the City. Stated in order to the connect the northeast and northwest parts of our City and ensure economic stability, the issue of traffic flow, barriers and overall quality of life for this area requires a thorough study into this corridor. Stated he sees a lot of schools buses being impeded in this corridor and knows our City can do better. Stated there is also a lot of empty buildings around that  Page 2 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 area, which have been empty for several years and there is economic development just waiting to happen there. Stated currently there is support for federal infrastructure money that will be appropriated with the amounts still being debated. Stated having lived in this area his entire life, he has seen growth such as Empower Evergreen and knows there are better things to come and knows this Council is committed to building a better quality of life for all its citizens and looks forward to sharing the ideas that the community has shared with him and the opportunity we have before us. Council Member Claycomb stated she and Mr. Rosales have spoken and have a meeting with Gary Janzen, the City engineer to talk about this. Stated there have been some pretty extensive studies that have been done and wants to make sure to share those with Mr. Rosales and look at opportunities as we move forward. Council Member Blubaugh stated he knows we have a lot of blocked train issues in other parts of the City and if they are looking at some legislation, is this something that we could put on our legislation agenda for next year to try and bring more attention to this. Bob Layton City Manager stated yes it is. 2.) Bill Wentz - Solar Energy. Bill Wentz stated a proposal has been made to the Council to organize a sustainability advisory board. Stated a few years ago, an advisory group provided leadership in avoiding the addition of a major coal plant in the state of Kansas. Stated in 2006, an expansion of Holcomb, Kansas steam coal facility that was proposed, it turns out that the coal would have been mined in Wyoming and shipped by rail to Holcomb and 85% of the energy generated would have been transmitted back to Colorado and other western stated. Stated the transmission lines did not and do not exist today to carry major portions of electricity across the Kansas-Colorado border. Stated the proposed plant required approvals of the Kansas Department of Health and Environment (KDHE) and the Federal EPA. Stated fortunately Governor Sebelius and the KDHE Director recognized the proposal would sacrifice Kansas resources to the benefit of other states and would bring major pollution to Kansas. Stated Governor Sibelius organized a Kansas Energy and Environment Policy (KEEP) advisory group similar to what we are talking about here. Stated she brought the private citizens, business leaders and legislators and the information station to review the Holcomb proposal and recommendations. Stated at the height of the legislative hearings, he chatted with a legislator who supported the Holcomb coal who asked why we were opposed to exporting electricity and I told him we are not opposed to exporting electricity, we are opposed to importing pollution. Stated after months of heated debates, President Obama recruited Governor Sebelius to go to Washington to serve as the Secretary of Health and Human Services. Stated in January 2020, the Holcomb group withdrew their application. Stated last year wind energy generated more electricity in Kansas than any other form. Stated we will see next year’s greater expansion of solar energy because costs are coming down and it is becoming easier to apply. Stated advisory groups bringing together people from broad sectors to discuss issues as they make decisions. 3.) Phailin Rasynouvong - Wichita Sustainability Board. Plailin Raynouvong stated she lives at 2920 S. Davidson Street and is here today to voice her concerns on the progress towards making Wichita a clean city. Stated she was born and is a current resident of Wichita as an Asian-American with immigrant parents; her parents would tell her stories of the living conditions of the cities in Thailand and Laos. Stated their families lived in poverty and struggled with finding essential necessities such as clean water. Stated the air pollution in cities like Bangkok, Thailand ruined  Page 3 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 their health many times and the beautiful beaches were filled with washed up plastic and trash that was thrown into the ocean. Stated past generations did not think about the impact that their actions led towards harming the earth and this is repeated everywhere. Stated there is no denying that the usage of single use plastic has increased significantly compared to those of her parents. Stated there is plastic and trash seen on the streets of her own neighborhood and is the river and parks of our City. Stated the problems seen in the cities that her parents grew up in are now presently seen in our City. Stated these concerns are getting worse and cannot be ignored or delayed any longer. Stated many people don't get the privilege of turning their heads away from climate change and the current situation with COVID-19, simply aren't going to worry about where their single use plastic goes. Stated they are going to worry about how to feed their families and keep the roofs above their heads. Stated it is young people like her who are aware of this and our future, everyone deserves the right to clean water and air in this City and is asking the City Council to listen to the voices of the youth and understand their concerns. Stated forming a sustainability board is the first step in showing your care for this community. 4.) Jade Chavez - Wichita Sustainability Board Jade Chavez stated she is here to urge the Council to continue their efforts towards a greener Wichita by forming a sustainability board. Stated she has lived here all her life but like many people her age, she does not have plans to stay in this City. Stated she cannot envision a future in which she will be satisfied living in a city with a lack of environmental accountability and optimism for social progress. Stated her generation is becoming aware of the genuine threat that climate change imposes on us and so many things we see as normal is not sustainable. Stated they harm the world we live in and the people around us. Stated we could be a carbon neutral City powered by the renewable sources at our fingertips. Stated we now have access to monumental, irrefutable research about the effects that humans have on the ecology and climate that we are affecting. Stated there needs to be investments made into the infrastructure of our beloved City, or we will not have a city to sustain. Stated many youth like herself lack experience but not ideas. Stated Kansas relies so heavily on fossil fuels when we have an abundance of natural resources. Stated because of our state's access to vast lands and turbines, our City has the potential to be entirely powered by wind energy. Stated alternatively to wind, we have access to one of the 10 sunniest states in the country, we could prioritize our unused rooftops and passive and endless sources of solar power. Stated in addition to renewable energy, she would love to see free recycling or government funded food composting to benefit both concerned citizens and farmers in need of fertilizer. Stated these are all things you could be proud of implementing in your time of office. Stated straying from the normalcy and monotony of slow governmental action to push and advocate for our role being as young citizens. Stated so many of us have dreams of having children, but it isn't a consideration in her mind anymore for fear of the world that they may be born into. Stated we must invest in resources now before we have to pay for the consequences of a system that needs to be addressed. Stated in order for the youth that you wish to hear from to stay in Wichita, you must as our elected officials provide the care and attention to a livable future to our generation and we ask you as constituents to relay our messages to those above you, to listen to our concerns and voice them so our message is also heard. Stated we are due to form a sustainability board of independent professionals to provide counsel to you, neighboring areas and to the citizens of Wichita and neighboring areas. Council Member Claycomb asked the City Manager if we directed staff to look at creating a sustainability board and bringing back a recommendation to us. Bob Layton City Manager stated that is correct and we have a meeting with the Environmental Finance Center within the next week and we are going to discuss that with them to get an idea on the qualifications and backgrounds for members of a sustainability board.  Page 4 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Mayor Whipple stated he and the Vice Mayor met with a member of, who he believes is a leadership in this goal, and we want to set up other meetings. Stated when we have the five minute public forum, that is really good when people are trying to express values to us; we do value this and want to get to that next step to discuss achievable goals. Stated that will allow us to figure out once we get to the point of a board, who would serve on that board. Stated having a board just to have a board is not what anyone wants and thinks we want to see actual action and encourages folks who have been meeting here, to also set up meetings with himself and other members of the Council so that we can have a more in-depth discussion on some of the goals that we can look at as we move forward. 5.) Celeste Racette - STAR Bond Projects Falling Short - Who’s Paying? Celeste Racette stated there are several problems with STAR projects. Stated these projects can fail leaving taxpayers on the hook for bond debt payments. Stated STAR Bonds are state tax and revenue bonds, Cities sell these bonds to provide cash for a tourism project, bonds are paid back over 20 years with the sales tax from the development; money that could have been spent on health care, higher education, or quality of life. Stated a major weakness in STAR Bonds is the economic analysis. Stated the 2015 state post audit found that cities creating their own numbers may be biased and problematic. Stated Wichita's new ball stadium consultant, Development Strategies came up with one set of revenue numbers and City staff used higher numbers; actual revenue is now half of what City staff projected. Stated this will make it harder to pay off the STAR Bonds for the next new stadium. Stated a second problem is Wichita's non-compliance with tourism numbers. Stated 20% of visitors to STAR Bond projects should come from another state and 30% should come from more than 100 miles away but the Commerce Department doesn't track whether STAR Bond projects attract new spending and Wichita doesn't track tourism numbers for these projects making the projects and the tourism dollars hard to figure out. Stated another problem is that 50% of project cost must be private investments but that is difficult to predict. Stated the 2020 STAR Bond report which she read, lists Jim Korroch's Fairfield Inn as a private investment but our hotel guest tax helped fund this project making it a partial public investment, not private. Stated another problem is the STAR Bond area can expand, capturing sales tax even after the initial bonds are paid off. Stated Riverwalk district has expanded from phase 1 in 2007 to phase 2 in 2015 and to phase 3 in 2018. Stated the revenue from the east bank is actually paying the new stadium bond debt to cover weaker than expected revenue. Stated someone mentioned they thought taxpayers were not responsible for failed private development, but that is not true. Stated City of Topeka taxpayers are having to pony up for the troubled Heartland STAR Bond project, community improvement district bonds, tax increment finance district bonds and general obligation bonds can put the taxpayer at risk. Stated we have to cover this debt and the City's bond credit rating has dropped recently, that is a troublesome trend. Stated here are some developments that Wichita taxpayers had to cover: WaterWalk, Gander Mountain, Fairfield Inn Hotel, Hyatt Hotel, Ken-Mar TIF, Douglas and Hillside TIF, K-96 and Greenwich, and Riverside TIF. Stated a state post office is going to evaluate STAR Bonds, the scope of this audit is to review incentives effectiveness and economic fiscal impact; why haven't you done this? Stated you should complete a follow up cost benefit analysis using actual five-year numbers to calculate net present value, internal rate of return, and payback. Stated there are limited taxpayer resources, when you commit tax revenue to a project, you should follow up to see if the money was spent wisely. Stated we are having an open house Sunday at 330 West Douglas and all the information she has shared with you today is available for anyone to see and she is open for questions and discussion at any time. Vice Mayor Johnson asked staff if we have any information on some of what the speaker talked about as far as STAR Bonds and debt that we can report out on.  Page 5 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Bob Layton City Manager stated he has staff members available to provide specific information regarding STAR Bond districts. Vice Mayor Johnson stated we heard that the STAR Bond projects weren't necessarily paying out, we are making zero dollars and asked staff if that is accurate. Scot Rigby Director of Economic Development stated he will ask our Finance Director to answer that. Mark Manning Finance Department stated he will address the Stadium STAR Bonds first; we have debt service on them since 2019 and currently at the State of Kansas, STAR Bonds flow first to the State of Kansas and then paid to our trustee to make debt service. Stated currently we have about $6.9 million dollars at the State of Kansas for debt service on the Stadium STAR Bonds, that should cover the next three years of debt service on the Stadium regardless of any collections the City makes and obviously the City continues to collect money on the STAR Bond district but as of right now, we have enough money in the State of Kansas to pay the next three years of service on the Stadium STAR Bonds. Mayor Whipple stated for clarification, if tomorrow we are making no income off on the Wind Surge Stadium, the state would still have enough money to pay three years of debt service. Mark Manning Finance Department stated yes, if we don't collect another dime we have three years of coverage at the State of Kansas as of today on the Stadium. Bob Layton City Manager asked staff to talk about the WaterWalk STAR Bonds, the original STAR Bonds and the fact those are paid off and the performance of the K-96 and Greenwich. Mark Manning Finance Department stated we have had an east bank STAR Bond district since 2008, we funded a number of improvements from that, improvements around the Keeper of the Plains, some at River Vista; we issued bonds on all of those cases because that provides maximum flexibility. Stated we have paid off all of those bonds and in a lot of cases, we paid those bonds off in two or three years, so we have no debt for anything from the original project plan. Stated as far as K-96 we issued $71 million dollars’ worth of debt in 2018. Stated that was issued in term debt, which means that we pay it off at three different time periods, 2023, 2027, and 2031. Stated the first batch was due in 2023, which was approximately $21 million dollars; we have already paid that off and have started paying on the 2027 batch and have paid about $2 million in principle on the debt that is coming due in 2027. Stated we are ahead on the K-96 STAR Bond district. Mayor Whipple stated for clarification, our payment is due in 2023 and we have already paid off the payment that is due in two years. Mark Manning Finance Department stated that is correct. Mayor Whipple stated with the K-96 STAR Bond project, is there any indication that it is not being successful and it sounds like we are ahead on payments. Mark Manning Finance Department stated as of today we are in good shape on the K-96 and Greenwich STAR Bonds. Stated the money flows to the trustee, they make interest payments and take any extra STAR Bond revenue and make principle payments and they have already paid off the 2023 debt that was due and we are working on the 2027 debt right now.  Page 6 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Mayor Whipple asked if there are any of the STAR Bond projects that are failing in our City at this point. Mark Manning Finance Department stated no not at this time. Council Member Tuttle stated she is not sure what is going on in Topeka, there might be a situation where things are not going as well and the residents have to pay back. Stated we talked about this significantly last week when we talked about the K-96 and Greenwich corridor because of Topgolf and asked the question a couple of times and it was always answered the same. Stated if there was ever a situation, the residents are not responsible for paying back the debt, there wouldn't be any cost or risk to the City. Mark Manning Finance Department stated that is correct on the K-96 and Greenwich. Stated on the Stadium STAR Bonds, the covenants require the City Manager to include an appropriation for that debt in his budget proposal, you are not required to make that appropriation but he is required to include an appropriation to cover the annual debt service in his annual budget, which he did last year. Stated that doesn't mean that the City Council has to make that appropriation. Mayor Whipple stated that is because it is state money that we are capturing at the local level that would normally go into the state coffers that the state reissues back to that particular district. Mark Manning Finance Department stated correct. Mayor Whipple stated it is not money coming out of the general fund here in the City and our firefighters and other folks are not at risk with these economic developments and that is why the state in addition to the City needs to have a third party economic analysis to approve this. Mark Manning Finance Department stated correct. COUNCIL BUSINESS II) CONSENT AGENDA ITEMS 1 THROUGH 13 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion carried 7 to 0. III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated June 7, 2021. Attachment: 06-07-2021 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.  Page 7 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements. Attachment: PFPI Pike Addn.docx Attachment: WDS Pike Addn.pdf Attachment: Resolution 21-221 008373.docx Attachment: Resolution 21-222 008374.docx Attachment: Resolution 21-223 008375.docx Attachment: Resolution 21-224 016504.docx Attachment: SWD Pike Addn.pdf Attachment: Resolution 21-225 085474.docx Attachment: Resolution 21-226 085475.docx Attachment: SS Pike Addn.pdf Attachment: Resolution 21-228 016502.docx Attachment: Paving Pike Addn.pdf Attachment: Resolution 21-229 085606.docx Attachment: Resolution 21-230 085607.docx Attachment: Resolution 21-231 085608.docx Attachment: Resolution 21-232 085723.docx Attachment: Resolution 21-227 008356.docx Attachment: Resolution 21-233 016501.docx Attachment: Resolution 21-234 008361.docx Gary Janzen, Public Works Engineering Department, 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.  Page 8 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND REQUEST FOR A LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, MILLENIA PRODUCTIONS, LLC. (DISTRICT II) Attachment: Agenda Report No. VI-1.doc Attachment: Millenia Productions LLC IRB Application Attachment: Resolution 21-216 Tim Goodpasture, Office of Economic Development, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Vice Mayor Johnson asked staff if this program has been successful. Tim Goodpasture Office of Economic Development stated it has been successful, we have been passed over frequently by site selectors who are working with companies that often don't even look at Wichita. Stated it is great that we don't have a lot of large vacant industrial buildings but is also challenging that we don't have any large vacant industrial buildings because when site selectors are looking, they often pass us over. Stated the requirements that we have in terms of building a minimum of 100,000 square feet and a minimum of 28 foot clear are driven by projects we missed out on because site selectors said you don't have these certain types of buildings with this criteria. Council Member Tuttle thanked staff for working so hard to make this come to fruition and thanked Millenia Productions, LLC for investing in our community, especially in District 2. MOTION: Council Member Tuttle moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 7 to 0. 2.) REVISED 2021-2022 ANNUAL ACTION PLAN. Attachment: Agenda Report No. VI-2.doc Attachment: Revised Executive Summary Attachment.docx Sally Stang, Director of Housing and Community Services, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Vice Mayor Johnson stated due to a personal conflict, he will be abstaining from this vote.  Page 9 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 MOTION: Mayor Whipple moved to close the public hearing, approve the revised 2021-2022 Annual Action Plan, authorize submission to the U.S. Department of Housing and Urban Development, and authorize the necessary signatures. Motion carried 6 to 0, (Abstained: Johnson). 3.) REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE. (DISTRICT I) Attachment: Agenda Report No. VI-3.docx Attachment: 06-08-21 Summary Table Spreadsheet.xlsx Attachment: 06-08-21 Writeups.docx KaLyn Nethercot, MABCD, presented the item listed at 749 N. Minneapolis. Mayor Whipple asked if anyone in the audience wished to speak. 1) Gladys Canada stated she lives at 4214 S. Greenhaven and is the owner of the property and has not done anything to it. Stated regarding the trash, someone has been throwing trash there and dumping tires and is expensive to remove and hasn't had the funds or time to do anything right now but is working on it and has paid the taxes. Stated she goes to court on the house on June 30th and plans on having some kind of process to get something done to the house but needs a little more time. Stated there was the pandemic and she wasn't able to take off from work and stayed away from everyone. Vice Mayor Johnson stated there has been a housing case on this property for three years and 10 months. Gladys Canada stated yes, within that three years and 10 months, she lost several close family members and has been dealing with stuff and everything has been coming at her all at once. Stated her mind wasn't right and is just now getting back to herself. Stated she has had a rough three years and kind of stepped away from everything. Vice Mayor Johnson stated he appreciates her paying the taxes up to date, you just have a little bit left. Stated when it comes to structural repairs, which are significant and frequently drives by there. Stated once someone knows they can illegally dump there, they continue to do that and he has received reports on that house and sent some reports in himself adjacent to the park and asked what type of time line is she thinking that will get that house up to code because it is extensive. Gladys Canada stated she is thinking she will need about three months. Stated she has been talking to someone about selling the property and if they want to go ahead and fix it up, she will sell the property to them. Stated she looked at the cost of removing the tires and it is going to be five dollars per tire to have them removed from the property. Stated her biggest issue is the money to remove the tires. Stated she reached out to Atwater Center about a dumpster but was told they are not going to have one in that neighborhood until August. Stated she also reached out to Mennonite Housing but was told since no one is living in the house, they couldn't help her do anything. Vice Mayor Johnson stated there is a significant amount of work to be done within three months’ time. Gladys Canada stated if she doesn't get it done in three months she will sell it.  Page 10 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Mayor Whipple stated he doesn't know if you could sell it in three months if this doesn't work out and is pretty sure we would proceed with the plans to move forward with this. Gladys Canada stated she has received offers on the house and has had three people reach out to her trying to buy the property as is. Vice Mayor Johnson stated any extension he knows he will continue to hear from the neighborhood and will continue to see illegal dumping there and could give you that time but some of the conditions that would be a part of that would be to make sure that property stays clean and right now it is going to be really expensive to get rid of all that stuff on the property. Stated he just saw another 20 tires dumped over there last week and asked her if she feels it is worth it pay for cleaning all of that up right now and having 90 days to then pay additional dollars to bring that house up to code. Gladys Canada stated if not she will sell it. Vice Mayor Johnson stated he feels like he might do that for her today but is concerned that if someone else buys that and it stays like that, then we start a new housing case and the neighborhood continues to suffer. Stated not everyone who purchases those properties actually does anything with them, some folks just hold on to them and then staff is back out there again and are back in front of Council in a year or so. Council Member Frye stated you mentioned in your statement that you have a court date and asked what specifically that is. Gladys Canada stated for the trash on the property. Council Member Frye asked when that date is. Gladys Canada stated June 30th. Council Member Blubaugh stated he wants to offer some advice. Stated is a real estate agent and if you are working with someone to possibly buy the property, do you think maybe there would be an opportunity, if you could get it under contract, to have them put in the contract that within 30 days of you signing the contract that they would agree to get the tires and debris off of the property and then you should be able to close it in 40 to 50 days. Stated it sounds like a really big project to accomplish in 90 days but would like to see you get some money from it if you could sell it and maybe there would be an opportunity there to see if someone would take care of that for you and put some money in your pocket for the property. Council Member Cerullo asked staff if the abatement process was stopped once already. KaLyn Nethercot, MABCD stated yes. Council Member Cerullo asked for more information about why it was stopped and what was or wasn't done. Stated it was a regular abatement and not an administrative search warrant abatement, which is why they were able to halt that. KaLyn Nethercot, MABCD stated it was an unknown individual who asked us to cease cleaning up the property, so at that point it was referred back court, which is the pending court date in June. Stated this particular parcel at this time is flagged in our permitting system that at this time the only permit that can  Page 11 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 be pulled on that is a wrecking permit and we do that to prevent partial repairs and whatever your decision is, we know we are going to have discussions with either Ms. Canada or whoever she sells it to, to conduct some interior inspections and help them determine the full scope of work and what permit and license contractors they will need to plan to have do that work. Vice Mayor Johnson asked if this is in a flood plain. KaLyn Nethercot, MABCD stated yes. Vice Mayor Johnson stated she said she would need 90 days and staff has discussed working with her to understand the permits and everything and would like to give her the 90 days to come up with some form of solution, whether it is fixing the house up or selling it but would prefer that if in 90 days, the new taxes and special assessment is not paid up and that nothing has happened at the property, that it not come back to Council and go through with the demolition process. KaLyn Nethercot, MABCD stated she would also remind Council owners always have the opportunity to demolish on their own as well and sometimes after we speak with them at length on the scope of work that's repaired that's required to bring it back into useful service, they will opt to do that. Stated that could be one of the outcomes in this 90 days as well. MOTION: Vice Mayor Johnson moved to defer the item for 90 days subject to the owner developing a plan to dispose of the property or to remedy the violations on the property, additionally that all special assessments and taxes need to be paid up to date. If that occurs then the matter would proceed, if those conditions are net met, the condemnation would be approved. Council Member Claycomb asked if the only permit that can be pulled at this time is a wrecking permit. KaLyn Nethercot, MABCD stated yes we have that flagged in our system because that encourages conversations if the intent is to repair or remodel, we want to make sure we have our chief building official inside the structure first to do a full assessment and work with the potential owners and contractors on scope of work. Council Member Claycomb asked if that means that they could get another type of permit if they meet these criteria. KaLyn Nethercot, MABCD stated they could but we want to be part of that conversation. Motion carried 7 to 0.  Page 12 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) ZON2021-00006 WITH CON2021-00014: CITY ZONE CHANGE FROM GC GENERAL COMMERCIAL AND B MULTI-FAMILY TO LI GENERAL INDUSTRIAL, AND A CONDITIONAL USE TO ALLOW FOR LIMITED INDOOR RECYCLING OF COMPUTERS, APPLIANCES, EQUIPMENT AND MACHINERY; GENERALLY LOCATED 1,200 FEET EAST OF SOUTH BROADWAY AVENUE AND ONE BLOCK NORTH OF EAST LINCOLN STREET AT THE NORTHEAST CORNER OF ST. FRANCIS AVENUE AND EAST MORRIS STREET. (DISTRICT III) Attachment: Agenda Report No. VII-1.doc Attachment: Excerpt Minutes 5-6-2021.docx Attachment: ZON2021-00006 & CON2021-00014 DAB III Report.docx Attachment: Zoning Map.docx Attachment: Aerial Map.docx Attachment: Site Plan.docx Attachment: Resolution 21-217 Attachment: Ordinance 51-574 (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Scott Wadle, Director of Planning, presented the item. (Council Member Blubaugh momentarily left the bench) Council Member Cerullo stated the only two differences between the two recommendations from MAPC and MAPD is that MAPC added condition 16 to keep the south lot the multi-family residential. Scott Wadle Planning Director stated in terms of the conditions there aren't any differences in the conditions but rather it is a difference of how and where they would be applied. Stated it deals with this property at the southeast corner of St. Francis and Morris. Stated the MAPD recommendation is to not approve the conditional use for the recycling at this location but instead to approve a conditional use for ancillary parking so that it would be used for a parking lot as opposed to a recycling facility, which the applicant has requested. Stated after discussion about it, the Planning Commission felt it was appropriate to approve and recommends approving the conditional use to allow for indoor recycling on that parcel and therefore would allow the applicant to construct the building that they are proposing to do so and is shown on the site plan. Stated that is the difference between the recommendations.  Page 13 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Council Member Cerullo stated the MAPD recommendation would not allow for their building to be built on that southeast parcel. Scott Wadle Planning Director stated that is correct. Stated in terms of the process, the Planning Department comes out with a recommendation before there is any public input about this case and that recommendation is forwarded initially to the Planning Commission for them to debate and discuss and then after that, the Planning Commission makes their own recommendation. Council Member Cerullo stated he saw in the documents that there was somebody who spoke out at some point, a resident nearby who expressed his concern and asked staff to explain. Scott Wadle Planning Director stated that is correct. Stated there was a phone call to the staff planner who was assigned this case who was an individual expressing his curiosity and what was taking place and commented that they preferred to see residential uses along the block but there was never anything submitted formally in writing, it was just commenting in passing. Council Member Tuttle stated the DAB approved the MAPC recommendation 6 to 1. Scott Wadle Planning Director stated MAPD. Stated the DAB recommendation and the Planning Commission recommendation are different and the way that they are different deals with the parcel at the southeast corner. Stated it is a difference about whether or not indoor recycling should be allowed in a building built to do that or whether it should be used instead for a parking lot. Council Member Cerullo stated based on the discussion at the DAB and wants to remind Council that there is one person on the DAB who lives in close proximity to this who is very active in the neighborhood and does not have many problems at all and in fact made the motion to recommend that this be approved. Stated based on all of those will make a motion. MOTION: Council Member Cerullo moved to follow the MAPD staff recommendation. Council Member Claycomb referred to legal staff and said that is not one of our recommended actions, so can we do that? Sharon Dickgrafe, Law Department stated the motion would essentially be that you would be denying the request at this point because MAPD's recommendation was to not allow the conditional use for the inside recycling. Scott Wadle Planning Director stated they put it in a table in the staff report to try and explain this. Stated you have two recommendations, one from the DAB and one from MAPC. Stated the planning staff recommendation mirrors what the DAB recommended, so you have either the DAB recommendation or MAPC's recommendation. Stated the difference again is whether or not there should be indoor recycling allowed on the southeast parcel. Stated the Planning Commission recommendation was developed after the initial planning staff recommendation and after there were opportunities for public input, phone calls, letters, signs, and posting in the newspaper and then later on an opportunity for formal protest to be submitted and there were none submitted on the application submitted by the applicant. Council Member Cerullo asked if the DAB is recommending to follow staff's recommendation.  Page 14 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Scott Wadle Planning Director stated that is correct. Council Member Cerullo stated he would like to amend his motion. Mayor Whipple stated as the seconder, he will allow the amendment of the motion. AMENDED MOTION: Council Member Cerullo moved to amend to take the DAB recommendation to approve subject to staff recommendations. (MOTION DIED DUE TO LACK OF SECOND) Bob Layton City Manager stated he thinks what he has heard from staff members and law is that actually would be to deny the zone change and conditional use. Scott Wadle Planning Director stated it would be to approve because there are three parcels so two of them would be approved just as the applicant has submitted the request. Stated the third parcel instead of being approved for a conditional use for indoor recycling, instead there would be an approval for a conditional use for ancillary parking. Vice Mayor Johnson asked staff if that would be the second option on the report. Sharon Dickgrafe, Law Department stated she thinks you are going to end up denying the zone change because these are all parceled together and essentially you are denying a conditional use for one parcel and granting it for the other parcels. Stated your options at this point would either be to approve it all, deny it all or send it back to MAPC. Council Member Cerullo stated the discussion at DAB was that this was a compromise in allowing them to get what they were asking for in the north property and the east property but the discussion at DAB included a request to make it known that they wanted to keep the southwest property multi-family residential. Sharon Dickgrafe Law Department stated then that would be denying the request for the zone change regarding that particular parcel. Council Member Cerullo stated but allowing them to have what they were requesting for the other two parcels as planning staff mentioned a second ago. Sharon Dickgrafe Law Department asked planning staff if we have ever divided these up before because we really aren't approving the MAPC decision. Stated they are denying the zone change and conditional use in reference to the one parcel. Scott Wadle Planning Director stated not in his tenure, this is the first one that has had separate parcels. Mayor Whipple stated if we were to divide this up into three parcels as individual votes, there is nothing that says that the two parcels would have been favorable if the third parcel wasn't in there, which would change the entire equation which makes him a bit concerned and wonders if Legal can come up with some kind of a remedy where if it is to reject the recommendation, pass the recommendation or send it back with a request for clarification and utilizing the will of the DAB. Stated is there a cleaner way to do this where we don't run into unintended consequences.  Page 15 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Sharon Dickgrafe Law Department stated she thinks the cleanest way to do this is to send it back to MAPC so that they can have a hearing on exactly what is being proposed regarding each parcel and then come back with whatever recommendation that would be. Mayor Whipple asked planning staff if there are any consequences in delaying this by sending it back. Scott Wadle Planning Director stated the reason for the application is so the applicant can construct the building and expand their business so there would be delays to doing that. Council Member Tuttle stated she doesn't hear descent that we all want what staff and the DAB are recommending. Stated she is hearing that the two properties are okay, no one wants the indoor recycling but are okay with ancillary parking. Stated her concern is if we send it back to MAPC it will take longer and seems like we can wordsmith this to get it taken care of. Mayor Whipple stated the member of District 3 should be making the motion. Council Member Cerullo asked if they would be allowed to build the building on that northwest parcel if this were denied. Scott Wadle Planning Director stated with this zone change and then with the conditional use that would be applied to the property, yes, they would be able to build a building to the north at the northeast corner intersection of St. Francis and Morris. Stated the applicant has proposed a building at the southeast corner. Council Member Cerullo asked what it would take to allow the ancillary parking on the south side; is that allowed under multi-family. Scott Wadle Planning Director stated it would require if it is in a residential zoning district, a conditional use which is why that is part of the initial recommendation from staff. Sharon Dickgrafe Law Department stated one option would be to divide this up and make two separate motions that the Council approve MAPC recommendations in reference to parcels the northeast corner and the two lots on the southeast corner. Stated it would be approving MAPC's recommendations regarding those two parcels and then the southwest corner would be to approve the southwest corner with a CUP for parking. MOTION: Council Member Cerullo moved to take MAPCs recommendations for the northeast parcel of Morris and St. Francis and the southwest parcel of Morris and Santa Fe. Motion carried 7 to 0. MOTION: Council Member Cerullo moved to follow the DAB recommended approval for the southeast two portions of St. Francis and Morris. Motion carried 7 to 0.  Page 16 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 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. Council Member Blubaugh appointed Tabitha Lehman to the Diversity and Inclusion Board. MOTION: Council Member Blubaugh moved to approve the appointment. Motion carried 7 to 0. Vice Mayor Johnson stated he wants to give Phillip Zevenbergen a shout out. Stated he always does a wonderful job presenting at DAB, always has an answer and is really good at explaining things. RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 60 minutes for discussion of an employee performance appraisal pursuant to K.S.A. 75-4319(B)(2) to discuss personnel matters of non-elected personnel. The Executive Session is required to protect the privacy interests of an identifiable individual. The Executive Session will begin at 11:00 a.m. and end at noon. The meeting will resume in the Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at noon. Mayor Whipple stated he would like to extend the Executive Session until 12:45 p.m. MOTION: Mayor Whipple moved to extend the Executive Session for an additional 45 minutes and return in the Council Chambers at 12:45 p.m. Motion carried 4 to 0, (absent: Johnson, Tuttle, and Claycomb).  Page 17 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 RECONVENE The City Council reconvened in the Council Chambers at 12:45 p.m. Mayor Whipple asked to extend the Executive Session for an additional 30 minutes. MOTION: Mayor Whipple moved to extend the Executive Session for an additional 30 minutes and return in the Council Chambers at 1:15 p.m. Motion carried 4 to 0, (Absent: Tuttle, Frye and Claycomb). RECONVENE The City Council reconvened in the Council Chambers at 1:17 p.m. Mayor Whipple asked to extend the Executive Session until 1:35 p.m. MOTION: Mayor Whipple moved to extend the Executive Session until 1:35 p.m. Motion carried 4 to 0, (Absent: Blubaugh, Tuttle and Frye). RECONVENE The City Council reconvened in the Council Chambers at 1:40 p.m. Mayor Whipple stated no action was needed or taken as a result of the Executive Session. MOTION: Brandon Whipple moved to adjourn. Motion carried 4 to 0, (Absent: Johnson, Blubaugh and Cerullo). ADJOURNMENT The meeting was adjourned at 1:41 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 18 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 13 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 June 8, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. 3) Design Services Agreements: a.) Supplemental Design Agreement No. 1 for Clear Creek 4th Addition. (District II) Attachment: Agenda Report No. II-3a.docx Attachment: SDA No.1 .pdf b.) Kansas Department of Transportation (KDOT) Supplemental Agreement No. 3 for Improvements to Redbud Bike Path from K-96 to 159th Street East. (District II) Attachment: Agenda Report No. II-3b.doc Attachment: SA #3.pdf 4) Property Acquisitions: a.) Partial Acquisition of 7150 West 45th Street North for the 45th Street North and Ridge Road Water Line Project. (District V) Attachment: Agenda Report No. II-4a.doc Attachment: Supporting Sullard.pdf 5) Repair or Removal of Dangerous and Unsafe Structures: a.) Repair or Removal of Dangerous and Unsafe Structures. (District I) Attachment: Agenda Report No. II-5a.docx Attachment: Supporting Documents.docx Attachment: Resolution 21-218  Page 19 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 UNCATEGORIZED ITEMS: 6.) Visit Wichita Monthly Financial Report April 2021. Attachment: Visit Wichita TGT Reporting 4.2021.pdf 7.) Final Friday - Community Event with Alcohol Consumption. (District VI) Attachment: Agenda Report No. II-7.docx Attachment: Site Plan.pdf Attachment: Resolution 21-219 8.) Abatement of Unsafe Structures. (Districts I, III, IV, V and VI) Attachment: Agenda Report No. II-8.doc Attachment: 5-5-21 Supporting Documents MABCD.doc Attachment: Ordinance 51-575 9.) Nuisance Abatement Assessment, Cutting Weeds. (District V) Attachment: Agenda Report No. II-9.docx Attachment: 06-08-21 Supporting Documents MABCD.docx Attachment: Ordinance 51-576 10.) Purchase Option, Retirement Community Revenue Bonds, Larksfield Place. (District II) Attachment: Agenda Report No. II-10.docx Attachment: Resolution 21-220 and Supporting Documents 11) Second Reading Ordinances: a.) Second Reading Ordinances. (first read June 1, 2021) Attachment: List of Second Reading Ordinances 06-08-2021.docx II) CONSENT PLANNING AGENDA ITEMS 12.) ZON2021-00016 - City Zone Change from TF-3 Two-Family Residential and SF-5 Single-Family Residential to MF-29 Multi-Family Residential to Permit a Third Dwelling Unit; Generally Located on the South Side of West 18th Street North and West of North Arkansas Avenue, 641 West 18th Street North. (District VI)  Page 20 CITY COUNCIL PROCEEDINGS JUNE 8, 2021 Attachment: Agenda Report No. II-12.doc Attachment: Excerpt Minutes of May 6, 2021 MAPC.docx Attachment: Supporting Documents.docx Attachment: Ordinance 51-577 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 13.) Yingling Aircraft, Inc., Collateral Assignment of Leases and Rents to Intrust Bank N.A. - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-13.docx Attachment: Collateral Assignment of Lease.docx