City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS JULY 20, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 20, 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 July 13, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on July 13, 2021 Motion carried 7 to 0. Proclamation - 2029 Kansas United Day Mayor Whipple read aloud the 2029 Kansas United Day proclamation. I) PUBLIC AGENDA 1.) Jane Byrnes - Climate Action Plan. Jane Byrnes stated I have been asking the Council to create a board and a plan to inaugurate climate change and heard there is progress in forming a local, diverse, transparent, sustainability board but because we have seen nothing yet, we are continuing to ask. Stated distributed hand out to the Mayor and each Council Member and on it is a link to speeches at the July 10th event, Visions for our Future: Youth Climate Action Rally that was held at Naftzger Park. Stated those young grassroots adults were tied together by their passion for our planet and for their own future. Stated a week ago Saturday, there were motivated networkers for a clean future such as Bag Free Wichita, a solar energy company, Citizens Climate Lobby and more. Stated some of those speakers were from local high schools, WSU and Duke University. Stated some belong to the new local chapter of the Sunrise Movement, some for Kansas Youth for Climate Justice and just standing up on their own and read aloud a few samples on what was said. Stated the second resource on the handout is the brand new prodigiously researched 10 recommendations and 10 processes to reduce greenhouse gases. Stated individuals across the nation worked hard on a subcommittee of the non-partisan National League of Women Voters. Stated the summaries are listed on your handout. Stated when you do form a local, diverse, transparent sustainability board, it can build on that non-partisan best practices that they have identified. Stated I know that the City is short on staff and budget, but please get inspired and motivated to address our future.  Page 2 CITY COUNCIL PROCEEDINGS JULY 20, 2021 2.) Michael McCorkle - Climate Action Plan. Michael McCorkle stated today is the fifth time in many months that I have addressed this body to urge the City Council to formally establish an independent sustainability board. Stated climate is global and weather is local and both have change dramatically over the years due to climate change. Stated no country or city is an island that can survive or thrive alone as other parts of our planet suffers. Stated since I last spoke about climate change, out of control fires are ravishing western states, US water reservoirs are at record low levels, Germany is experiencing devastating floods and poor farmers in Madagascar are starving. Stated on June 29th the small town of Litton British Columbia, 1,500 miles northwest of here experienced record heat of 121 degrees, the next day 90% of the town burned down. Stated the US has lost over one million acres of forest to fires in 12 states, two months before normal peak fire season. Stated last year Australia lost over 46 million acres of forest to out of control fires that killed an estimated one billion animals. Stated all life on earth is interrelated in interdependent ecosystems. Stated young people are looking to build careers and raise families in places that are paying attention to this climate change emergency and expecting elected leaders to start advocating real adaptation and mitigation actions before everyone's future becomes a worsening climate change apocalypses. Stated a draft of the yet to be published 2021 Intergovernmental Panel on climate change report, which summarizes the state of scientific understanding of climate change was leaked to the press in France. Stated your children's future is described in the report, "climate change will fundamentally reshape life on earth in the coming decades even if you humans contain planet warming and greenhouse gas emissions. Species extension, more widespread disease, unlivable heat, ecosystem collapse, cities managed by rising seas. These and other devastating climate impacts are accelerating and bound to become painfully obvious before any child born today turns 30. The choices societies make now will determine whether our species thrives or simply survives as the 21st Century unfolds but dangerous thresholds are closer than ones thought and dire consequences stemming from decades of unbridled carbon pollution are unavoidable in the short term. The worst is yet to come, affecting our children's and grandchildren's lives much more than our own. We need transformational change operating on processes and behaviors at all levels individual communities, business institutions, and governments. We must redefine our way of life." Stated Wichita scored 99 out of the 100 largest US cities in preparation for climate change. Stated Wichita should get serious about climate change or watch the exodus of its youth because young people vote with their feet. Stated I commend the City's initiative to have 90% of all energy needed by City buildings to come from renewable sources, this is a beginning but realistically so much more must be done. 3.) Shirley Starr - Ideas for Century II and the poor condition of the streets. (RESCHEDULED) 4.) Kellen Hagans - Climate Action Plan. Kellen Hagans stated he is 19 years old and is here today to push you to continue the momentum you have behind the creation of a sustainability board. Stated I go to college at Washington State and I'm double majoring in environmental policy with politics and government with a minor in African American studies. Stated he can help bridge a disconnect between officials and members of your community. Stated citizens of Wichita are exhausted and I am exhausted. Stated to the citizens in Wichita, advocating for this City is like pulling a hang nail, it's daunting and painful and is no wonder people don't want to live here. Stated young people don't want to live here, Wichita is not a place where people want to go, it is a place that people end up. Stated I don't want to be here and I'm leaving. Stated there are multiple reasons for this thinking that are related to environmental change but young people have just not seen progress in this City. Stated Wichita has legitimate potential and desires for solar energy and accessible recycling and sustainable goods and for the younger generation, local and sustainable goods are eco-friendly because they are by the community and for the community. Stated you should jump on these networks because  Page 3 CITY COUNCIL PROCEEDINGS JULY 20, 2021 people like them and they help our community. Stated in the process of creating a sustainability board and future projects like it, you need to listen to the voices of the indigenous community, people in poverty, and those without homes. Stated these groups of people are the most important voices to listen to because they are the ones who will be most affected by these environmentally related projects. Stated most of the people who hold power in Wichita are well off white people; Wichita is not made up of solely rich white people so don't carry out these processes like it does. Stated climate change is affecting different groups of people in various streams, so go out and talk to impoverished black communities and build relationships with indigenous tribes in this area because any kind of work you do will mean nothing if it doesn't help the people who really need it. 5.) Lindsay Drees - The Need for Trans Protections in Wichita’s Non-Discrimination Ordinance. Lindsay Drees stated I have my bachelors and masters of Science in biological sciences form WSU. Stated I am here to speak to you today regarding the NDO but more specifically would like to give a quick lesson on biological sex and how almost everything that was said about it in this room the last two weeks was absolutely wrong. Stated your biological sex refers to the biological characteristics of your body but gender identity refers to how you identify and gender expression refers to how you present or interact with the world. Stated some people's biological sex or gender do not match and this is often referred to as Trans, however, there is another group whose gender and sex also mismatch and these people are referred to as intersex. Stated biological sex is the only human trait we try to put in a binary box where there is only two choices. Stated there are more than two hair colors, eye colors, heights, etc. and as binary designation is problematic because biological sex is very complicated. Stated biological sex is made up of seven components, your genitalia, your chromosomes, your gonads which are your ovaries or testes, internal sex organs, hormone production, hormone response and secondary sex characteristics such as body hair, voice pitch, breasts, etc. Stated for a person to be male or female, all seven of these components must line up perfectly and as I eluded to in my opening statement, this is not always the case. Stated anyone who has a variation in one or more of the seven characteristics that moves them out of male or female binary boxes is referred to as intersex. Stated this group of people represents approximately between one and two percent of the total population, which happens to be about the same number of people who are born with red hair. Stated approximately one in a thousand babies are born with genitalia so ambiguous it cannot be determined to be male or female, so why if this is so common, so few of us know about the existence of intersex people. Stated one of the many reasons is for many years we have tried to shove intersex people into binary boxes and taught them their true biological sex was shameful. Stated children born with ambiguous genitalia were often operated on at birth and assigned a sex gender and surgically altered genitalia based on random chance or parental choice with no regard to how it matched the other six characteristics of their biological sex. Stated many of these children grow up to realize their sex assigned at birth did not match their gender identity and were unable to change their legal identifiers or were forced to jump through legal hoops to do so. Stated another reason is that many people who are intersex do not know they are intersex until later in life or they may never know at all. Stated based on the arguments made in this room the last two weeks, the main beef of the ordinance is the protection of LGBTQIA+ individuals. Stated intersex people and their existence is proof that sex and gender are a spectrum, they are born completely healthy and survive and thrive without no medical intervention, they can and do live among us and they have since the very beginning of time. Stated they are the "I" in LGBTQIA+ but they don't get a lot of press. Stated many of them end up identifying as Trans due to the poor medical decisions made at their birth and many don't even know they are intersex. Stated they are the core evidence that biological sex isn't a binary and gender shouldn't be either. Stated I beg of you to embrace the beauty and wonder of the world around us and protect the rights surrounding biological sex and gender already enumerated in the NDO as it was written.  Page 4 CITY COUNCIL PROCEEDINGS JULY 20, 2021 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. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated July 19, 2021. Attachment: 07-19-2021 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 - NONE V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) 2022 ANNUAL OPERATING BUDGET AND 2022-2031 CAPITAL IMPROVEMENT PROGRAM. Attachment: Agenda Report No. VI-1.docx Attachment: City of Wichita TIFs Cert Form 2022.pdf Attachment: City of Wichita Cert Form 2022.pdf Attachment: City of Wichita Amended Cert Form 2021.pdf Attachment: City of Wichita SSMID Cert Form 2022.pdf Attachment: Wichita SSMID Indication of Revenue Neutral Rate.pdf Attachment: Wichita Indication of Revenue Neutral Rate.pdf Attachment: Ordinance 51-610 Old (Town Cinema Redevelopment District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-611 (Ken Mar Redevelopment District - 2022 Adopted Budget.doc)  Page 5 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Attachment: Ordinance 51-612 (Center City South Redevelopment District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-613 (Douglas & Hillside Redevelopment District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-614 (Union Station Redevelopment District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-615 (Southfork District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-616 (West Bank District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-606 (General Tax Levy - 2022 Adopted Budget.doc) Attachment: Ordinance 51-607 (General Tax Levy Downtown SSMID - 2022 Adopted Budget.doc) Attachment: Ordinance 51-608 (North Industrial Corridor Redevelopment District - 2022 Adopted Budget.doc) Attachment: Ordinance 51-609 (East Bank Redevelopment District - 2022 Adopted Budget.doc) Bob Layton, City Manager presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) (Council Member Blubaugh momentarily left the bench) Council Member Blubaugh stated we have had a lot of discussion about squad 17 out west and with all the news we have been seeing about EMS and response time; are there any changes to that squad out there that you know of? Bob Layton, City Manager stated I don't want to project what would come from the study but I've looked at some preliminary data and thinks we are going to have some adjustments. Stated I don't want to speak for the Chief but in what I have been looking at, I do anticipate some west side adjustments once that study is complete. Council Member Blubaugh asked what the date is. Bob Layton, City Manager stated we anticipated to get that done this year and the Chief has been able to get the data into the system quicker than we anticipated but I don't have a revised date but knows it will be done before the end of the year. Mayor Whipple asked the City Manager to talk about the directive to increase the base pay of employees to at least $15 an hour. Bob Layton, City Manager stated the Council gave me direction that the vacancies that we are filling, all of those positions need to come in at $15 an hour or higher. Stated we built that into this budget and also built in an allowance as part of our collective bargaining process to work with each of our units to come up with what they believe is the fair approach to implementing a wage increase whether it is $15 or what they define as an affordable wage. Stated we are in negotiations with some of our unions right now and that is one of the issues we will talk about. Stated it doesn't apply to all the unions, for instance in police  Page 6 CITY COUNCIL PROCEEDINGS JULY 20, 2021 and doesn't think that is an issue but we are in the process of negotiating with SCIU right now and that is on the table. Mayor Whipple stated if SCIU employees don't take the $15 an hour it is because they are the only ones that aren't paid at a base of $15 an hour is because of negotiations with the union. Bob Layton, City Manager stated yes we are having good faith negotiations on it. Mayor Whipple stated when you mentioned the RFP for private management of golf, my understanding was that golf was going to continue as is for this upcoming year and weren't going the route of private management; has that changed? Bob Layton, City Manager stated it will continue this way all through 2021. Stated the Park Board has directed us to put a RFP together but it wouldn't be for this year, it would be for next year. Stated there is one thing I forgot to mention. Stated regarding the feedback we received from the public so far on ARPA, we have had strong support from the community doing something on affordable housing, on workforce development and training and on small business development. Stated we have not received very positive comments or any kind of level of strong support for smart manufacturing and digital transformation. Stated one of ARPA's requirements is that we address community needs as they are identified by the community. Stated my recommendation is that we reconsider that category as we go forward, we continue to designate $20 million dollars for initiatives but we talk about how that $20 million dollars will be utilized going forward. Stated at this point, I could not in good conscious recommend funding for that initiative based on the feedback that we have received to date on community priorities. Council Member Frye stated to clarify we have over four years to spend that ARPA dollars, it doesn't have to be in this budget year so that is not $20 million that we are talking about right now, it could be spread out. Bob Layton, City Manager stated right, we put in one lump sum for now but it could be spread over four years. Council Member Frye stated it could be used back for more public infrastructure or some of the other categories that we identified. Bob Layton, City Manager stated yes, there has been a lot of discussion and especially in the public feedback process that the county has been utilizing, about mental health issues, homelessness and that may be something the Council will want to take a look at as well, but yes you have flexibility as long as it is consistent with the requirements of ARPA. Council Member Frye asked if the county has identified community initiatives for their hundred million that they are getting for ARPA. Bob Layton, City Manager stated not yet, they are in their process still and thinks they are in the focus group stage of their community engagement process. Mayor Whipple asked if anyone from the audience wished to speak. 1) Celeste Racette stated the 2022 proposed budget is on the agenda today. Stated the public will have a limited amount of time to wade through hundreds of pages of documents to see how you are spending  Page 7 CITY COUNCIL PROCEEDINGS JULY 20, 2021 taxpayer money or how you claim to be spending taxpayer money. Stated the message to send to the public is questionable and questions how much of the budget is accurate. Stated I have found numerous errors in City finances, CAFER information that was incorrect, general ledger entries that were erroneously labeled and debt schedules that are inaccurately labeled. Stated the debt service fund doesn't mention the transient guest tax as a source of revenue, why not, you are using the transient guest tax to pay off 20-year bonds for the WaterWalk Fairfield Inn. Stated the tourism and convention fund also doesn't mention supporting private development, why not, you are using this fund to pay off Jim Korroch's Fairfield inn, that's private development. Stated TIFs don't mention the supporting residential development, why not, you created the Riverside TIF to fund residential home development and infrastructure upgrades and asked if the City Manager's policy message is accurate. Stated he states renewed emphasis on efforts that outsource management of City facilities not only to reduce costs but to enhance the customer's service. Stated enhanced customer service, is that what you heard from the women who spoke to you about the awful customer service of the Wichita Ice Rink Center. Stated why do you allow City Manager Layton to write that private management will result in enhanced customer service, once the contract is signed for public buildings to go private, maintenance can continue to be deferred without a vote from citizens. Stated the City Manager goes on to state that the City's value influenced the preparation of the budget, core values of trust and service are supposedly built into the budget but I see the same misstatements and errors that I pointed out to you at the 2021 budget. Stated you haven't changed anything that was wrong last year and you repeated the same errors again. Stated you still claim to have an internal auditor screening materials for projects with fees greater than $150,000. Stated you are still in violation of your own administration regs and the debt management policy is still incorrect too. Stated 20 years in general obligation debt is actually funds for more than storm water and water utility projects. Stated $4 million of this debt is for Jim Korroch, it was labeled storm water utility in the comprehensive annual financial statements but is for his hotel and WaterWalk. Stated a big deal is made of public engagement as if public comment and resident engagement was the most important factor in creating the budget; that is not true either, what happened to the public engagement you received regrading private management of our golf courses, the Wichita Ice Center, and Century II. Stated it appears that you selectively use public engagement when it fits your purpose, don't write about comments, keep them hidden seems to be the way you really build public engagement. Stated has City Manager Layton and his staff put together the best proposal for public buildings and facilities? Mayor Whipple asked the City Manager if he would speak to comments that were made about mistakes that were pointed out at the last budget that might have been put into this budget and on measuring customer service experience. Bob Layton, City Manager stated he will speak to the second piece but will ask the Finance Director, Mark Manning to talk about the first piece. Stated he has mentioned this before that you have to learn from your successes and those that have not gone well and we are now in the process of looking at changes in our operation and management of the Ice Center. Stated we recognize there are some issues that need to be addressed, short-term and long-term to that facility. Stated as we look at the RFP process with Century II, we are setting up maintenance standards and expectations in what I think will be a much tighter contract and we will see enhanced maintenance of the facility as well as enhanced customer experience. Stated so far we have shared information with user groups who seem to be pleased with the direction that we are headed but ultimately the Council will make that decision. Mark Manning, Finance Director stated we met with Ms. Racette several times in the past and she is correct in that she has found things that were not completely accurate but most of that is in staff working papers and not in public documents, in fact staff materials that are just notes that we have in our financial system. Stated as far as the debt level goes, she is confusing guidelines that we have on how we issue  Page 8 CITY COUNCIL PROCEEDINGS JULY 20, 2021 debt with Council policy decisions. Stated for example she is correct, we typically our guidelines are 10- year GO debt for at large projects, 15 for storm water but we have issued longer term debt and again that is the prerogative of the City Council. Stated she is correct in what our guidelines stated but wouldn't characterize it as a mistake or an inaccuracy if Council chooses to issue debt in different terms in our guidelines. Vice Mayor Johnson thanked staff for all the work it took on this and appreciates you taking into account the feedback and direction Council gave for an evening meeting, which is something that I have been hearing about quite a bit and thinks people will appreciate that. MOTION: Mayor Whipple moved to set the public hearing on the Proposed 2022 Budget (including the Tax Increment Financing Districts and the Self-Supporting Municipal Improvement District) and the Recertification for the Union Station TIF Fund for August 24, 2021; authorize publication of the formal public hearing notices; approve first reading of the ordinances for the general tax levy for the City of Wichita, TIF districts, and SSMID; authorize staff to make any technical adjustments required to comply with state statute; set a maximum amount of taxes levied for the City of Wichita at $129,165,203, based on an anticipated mill levy of 32.749 mills and an estimated assessed valuation of $3,944,096,063; set the maximum amount of taxes levied for the Self-Supporting Municipal Improvement District at $698,186, based on an estimated levy of 6.713 mills and an estimated assessed valuation of $104,005,138; and authorize staff to notify the Sedgwick County Clerk of the intent to exceed the revenue neutral rate for the City of Wichita taxing funds and the SSMID taxing fund. It is also recommended the City Council receive and file the 2022-2031 Proposed Capital Improvement Program. Vice Mayor Johnson made a friendly amendment because you said it verbally, is to set a maximum amount of taxes levied for the City of Wichita at 129 million, 165 thousand, 203. Motion carried 7 to 0. 2.) PUBLIC HEARING AND REQUEST FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, AIR CAPITAL FLIGHT LINE, LLC. (DISTRICT III) Attachment: Agenda Report No. VI-2.docx Attachment: Resolution No. 21-272 Attachment: Letter of Intent Scot Rigby, Assistant City Manager presented the item. Council Member Frye stated in the past when we have asked for these it has been included in the report but I don't see it here. Stated we do show the value of the property tax abatement but we don't show the value of the sales tax abatement on the construction materials and asked what that is. Scot Rigby, Assistant City Manager stated I don't have it right in front of me. Council Member Frye stated I would just ask that be included going forward because that is something that we are including as part of this.  Page 9 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Scot Rigby, Assistant City Manager stated I do know it is part of our cost benefit analysis, the numbers do include that in there. Council Member Frye stated he recognizes that and would like to have that number for transparency. Scott Rigby, Assistant City Manager stated I just received it and it is $224,684. Mayor Whipple asked if anyone from the audience wished to speak. 1) Adam Pogue, Spirit AeroSystems Vice President for Manufacturing Services stated he has prepared a couple of slides for the Council on what the expansion would look like. MOTION: Mayor Whipple moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Council Member Cerullo stated I had an opportunity to tour the facility last week and it was an eye- opening experience and was very proud of what I saw there. Stated I am very excited about Spirit calling Wichita home and staying in Wichita and we thank you so much for that opportunity. Motion carried 7 to 0. 3.) PUBLIC HEARING AND RESOLUTION OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, MWCB, LLC. (DISTRICT I) Attachment: Agenda Report No. VI-3.docx Attachment: MWCB - Deloitte IRB application 062221.pdf Attachment: Resolution No. 21-277 Scot Rigby, Assistant City Manager presented the item. Mayor Whipple asked if anyone from the audience wished to speak. 1) Steven Moffat from Deloitte stated he is involved with bringing the Smart Factor to the City of Wichita and specifically to WSU Innovation Campus. Stated the Smart Factory at Wichita is expected to offer an opportunity in which the digital, physical and experimental come together so companies can experience the advanced manufacturing methods and technologies at the heart of transformation. Stated the new cutting edge facility will help companies better understand how to emerge existing technologies with new innovations and create dialogue about how companies can take the first steps to create sustainable investments. Stated Smart Manufacturing is an involving dynamic topic, one that our center will help industry leaders understand and further evolve. Stated we are committed to bringing new educational resources, experiences and opportunities to the vibrant Wichita community as we work closely with WSU to bring the Smart Factory to Wichita to life. Stated the factory which will be open to local business leaders, educators, students as well as multi-national organizations around the United States and around the world will provide access to next generation Smart Factory technologies equipping the Wichita community with tools and knowledge to build a workforce in the future and enable organizations of all sizes to transform their go forward manufacturing capabilities. Stated one of our very first factory  Page 10 CITY COUNCIL PROCEEDINGS JULY 20, 2021 initiatives will involve the production of stem education kits which will be donated to Wichita area schools. Stated with sustainability a topic line, the soon to be operational net zero impact factory in total will feature 60,000 square feet of sustainability space. Stated we look forward to continuing our active engagement with the local community and advancing Wichita a technology and innovation center. 2) Andrew Nave, Greater Wichita Partnership stated this business is not only raising our profile but having Deloitte's presence both here physically and going on to the future is significant and doesn't have to tell you all about the presence that our community already has and the reputation our community already has in manufacturing, as recognized worldwide as a manufacturing region and manufacturing metro. Stated we continue to win awards for best places to work in manufacturing and that will only continue and improve and enhance with the Smart Factory. Stated we are very proud that we have Koch Industries and Cargill and now we will have Deloitte, which significantly lifts our profile, enhances our economic development strategies, the regional growth plan that you all supported and the framework for growth plan both highlight and prioritize smart manufacturing and appreciates your consideration of this, this morning. Vice Mayor Johnson stated this is a cool development opportunity for the City of Wichita as we have talked about diversifying our economy over the years. Stated this is another opportunity that could bring the technology and ability to continue to grow and diversify our economy and it is exciting that it is going on Innovation Campus. MOTION: Vice Mayor Johnson moved to close the public hearing, adopt the Resolution and authorize the necessary signatures. Motion carried 7 to 0. 4.) BUILDING FACADE IMPROVEMENTS PROJECT CLOSE OUT – 500 SOUTH TOPEKA. (DISTRICT I) Attachment: Agenda Report No. VI-4.docx Attachment: FSOC 500 S Topeka C9007-47502919.pdf Attachment: Ordinance 51-601 (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Mark Elder, Department of Economic Development presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Vice Mayor Johnson stated this project looks really good and appreciates the work that Bruce and his team continue to do down in the area to make it look better. MOTION: Vice Mayor Johnson moved to approve the final statement of cost, place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0.  Page 11 CITY COUNCIL PROCEEDINGS JULY 20, 2021 5.) BUILDING FACADE IMPROVEMENTS PROJECT CLOSE OUT – 1700 EAST DOUGLAS. (DISTRICT I) Attachment: Agenda Report No. VI-5.docx Attachment: FSOC 1700 E Douglas C0002-47503020.pdf Attachment: Ordinance 51-602 Mark Elder, Office of Economic Development presented the item. (Council Member Cerullo momentarily left the bench) Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Vice Mayor Johnson stated this improvement project looks really good as well and is glad to see the improvements and happy for the business there. MOTION: Vice Mayor Johnson moved to approve the final statement of cost, place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0. 6.) BUILDING FACADE IMPROVEMENTS PROJECT CLOSE OUT – 1029 WEST DOUGLAS. (DISTRICT IV) Attachment: Agenda Report No. VI-6.docx Attachment: FSOC 1029 W Douglas B C9001-47502519.pdf Attachment: Ordinance 51-603 Mark Elder, Office of Economic Development presented the item. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Council Member Blubaugh moved to approve the final statement of cost, place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0. 7.) CAPITAL IMPROVEMENT DESIGN AGREEMENTS FOR BRIDGE, MULTIPLE ARTERIAL STREETS, WATER MAIN DEAD-END EXTENSIONS AND WATER MAIN REPLACEMENTS. (DISTRICTS I, IV, V, AND VI) Attachment: Agenda Report No. VI-7.doc Attachment: 119th 37th Water Main - Full Agreement with Garver Scope on Wichita Standard Form 6.30.21.pdf  Page 12 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Attachment: Agreement 21St I135 to Mosley Signed.pdf Attachment: Agreement 29th West to Hoover.pdf Attachment: Agreement 29th St N I135Ohio.pdf Attachment: Agreement NE Riverside WM Repl Ph12.pdf Attachment: Agreement West I235 to MacArthur Signed.pdf Attachment: Agreement WestMacArthurto47thSt Signed.pdf Attachment: Agreement West Pressure Zone Central151stWM.pdf Attachment: Agreement WM Dead end 2nd Feed Maize K42.pdf Attachment: Agreement WM Dead end 2nd Feed Via Christi St Theresa.pdf Attachment: Bartlett West Agreement N Market WM Repl.pdf Attachment: Bartlett West Agreement Random North WM Repl.pdf Attachment: JEO Agreement Amidon Bridge.pdf Attachment: Wood Countryside WM Repl Ph 12.pdf Attachment: Water Map.pdf Attachment: Paving Map.pdf Attachment: Resolution 21-273 (085732) Attachment: Resolution 21-274 (085733, 002927) (Council Member Blubaugh momentarily left the bench) Gary Janzen, Engineering Department presented the item. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Council Member Claycomb moved to approve the design agreements and budgets, waive City Council Policy No. 2 regarding the use of project savings to allow the transfer of funds, adopt the resolutions and authorize the necessary signatures. Motion carried 7 to 0.  Page 13 CITY COUNCIL PROCEEDINGS JULY 20, 2021 8.) CHESTER I. LEWIS REFLECTION PARK PROJECT - PUBLIC ART. (DISTRICT I) Attachment: Agenda Report No. VI-8.doc Attachment: Agreement - COW and WPF for Public Art - Chester I. Lewis Reflection Park Attachment: Resolution No. 21-278 Troy Houtman, Park & Recreation Director presented the item. Mayor Whipple asked if anyone from the audience wished to be heard. 1) Jessie Gemma stated one thing that was left out is that Chester Lewis was born and raised in Hutchinson, Kansas and we also have a recognized little plaza off of Main Street honoring Chester Lewis in Hutchinson. Stated he wants to open up a conversation on something we can do, some kind of cohesiveness with these two parks and thinks it is an interesting opportunity for Hutchinson and Wichita to maybe work together on something. Stated I'm just here to open a conversation to put some kind of recognition at both sites for the continuing story where we are honoring the same man and thinks we should follow that story from where he began to where he ended up. Bob Layton, City Manager stated I want to recognize the hard work of Jeff Fluhr to raise the funds privately, $100,000 to compliment with the Park Foundation and without that we would have not been able to move forward with this project. Council Member Tuttle thanked Mr. Gemma for traveling here today from Hutchinson and thinks that park staff would probably be more than willing to look into that and appreciates you for having us on your radar and your willingness to partnership. Troy Houtman, Director of Park & Recreation stated we are in design right now but there is a lot items that we do in regards to programming and thinks that is going to be an opportunity from what this gentleman has brought to our attention, is that we will be able to recognize a lot of the history with a lot of the programming that is going to be going on in the park as well. Vice Mayor Johnson stated this is an exciting project and had heard about the Hutchinson site and hopefully we can get contact information. Stated this has been a great learning experience as well, sitting down with the family of Mr. Chester Lewis and the local NAACP and other community leaders to learn the type of giant Chester Lewis was and the work that he did and thinks the art that we have seen thus far and the final product will definitely be deserving of his name and is excited and thankful for Jeff Fluhr and the Park Foundation for helping out with funding. MOTION: Vice Mayor Johnson moved to approve the donor agreement, increase the project budget, approve the revised bonding resolution and authorize the necessary signatures. Motion carried 7 to 0. 9.) CHESTER I. LEWIS REFLECTION PARK PROJECT – ARTIST CONTRACTS. (DISTRICT I) Attachment: Agenda Report No. VI-9.doc  Page 14 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Attachment: Signed Chester I Lewis Contract Ella Monique Baccus Attachment: MM Signed Comments - Artist Contract CIL-COW Matthew Mazzotta.pdf Gentry Thiessen, Park & Recreation Department presented the item. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. Vice Mayor Johnson thanked Bob Layton and Troy Houtman and staff and knows we had some struggles early on and appreciates you getting us to this point. Stated one of the things we heard was having a local artist and seeing Ella on here and the work she did on 9th Street is a wonderful example of what can happen in Reflection Square. Stated I haven't met Matthew, seen some examples and those look great as well and is excited about the potential with this project. MOTION: Vice Mayor Johnson moved to approve the exception to City Code section 2.15.080 for directly hiring of artists, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) PUD2021-00010 – CITY ZONE CHANGE FROM SF-5 SINGLE-FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT FOR THE NGUYEN SENIOR VILLAGE DEVELOPMENT LOCATED APPROXIMATELY 370 FEET WEST OF NORTH OLIVER AVENUE ON EAST 15TH STREET NORTH AT 4640 EAST 15TH STREET NORTH. (DISTRICT I) Attachment: Agenda Report No. VII-1.doc Attachment: PUD2021-00010 Supporting Documents.docx Attachment: PUD2021-00010 MAPC Min Excerpt.docx Attachment: PUD2021-00010 DAB 1 Report.docx Attachment: Ordinance 51-604 Scott Wadle, Planning Director presented the item. Mayor Whipple stated the DAB was against this and then folks from the community showed up at the MAPC meeting who were also against this and asked if there was any community folks that showed up that were in support of this. Scott Wadle Planning Director stated no.  Page 15 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Mayor Whipple asked what the discussion was to pass the change if the community showed they were against it. Scott Wadle Planning Director stated for the MAPC's consideration, it was simply about highest and best use that it was a residential uses with additional uses with it but thinks they focused on the residential uses. Council Member Tuttle stated I was reading over the DAB minutes and asked if it is going to be multi- level and not single-story like it is now and it seems like that was a concern. Scott Wadle, Planning Director stated that is correct, they are opposing two stories for the apartment building. Council Member Tuttle stated two comments were regarding the height and changing the characteristic of the neighborhood and asked staff for additional summaries or thoughts. Scott Wadle, Planning Director stated there is a significant focus also on the addition of the non- residential uses to the neighborhood and believes that is something that has come up from community members, questioning whether it is appropriate to have those uses within the neighborhood because this is not abutting up against an arterial street, this is located a block within the neighborhood. Stated the other issue that has come up has been it is not necessarily a lane use issue but is something that residents did cite and bring up which was performance history of the owner of the property and proposed developer. Vice Mayor Johnson stated we did have lively discussion at the DAB meeting and I have talked to the developer as well and tried to look at how this would work. Stated based off of all of that I am going to make a motion to overturn the recommendation of the MAPC and deny the zone change request. MOTION: Vice Mayor Johnson moved to overturn the recommendation of the MAPC and deny the zone change request for PUD2021-00010 for the following findings: 1. The zoning, uses, and character of the neighborhood: The area surrounding the site is uniform in development of predominantly one-story single-family homes in SF-5 Single- Family Residential zoning. The nearest structures taller than single-story are located at Dellrose and 13th Street—one-quarter mile south of the subject property. Given this is developed with single-family homes, the proposed multi-family development and commercial uses of Personal Care Services, Personal Improvement Services, and General Office are out of character with the neighborhood. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 Single-Family Residential. Without changing the zoning, the property can be replatted into single-family lots and developed in a cohesive manner with the surrounding neighborhood. 3. Extent to which removal of the restrictions will detrimentally affect nearby property owners: The proposed development will likely cause an increase in traffic, noise, and light pollution, affecting the values of the immediate houses surrounding the property. 4. Opposition or support of neighborhood residents: Though the application was not officially protested, a significant number of neighborhood residents provided written and verbal public comment to the MAPC and DAB. In addition the DAB unanimously recommended denial of the request.  Page 16 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Motion carried 7 to 0. HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA 1.) RENTAL ASSISTANCE DEMONSTRATION CONVERSION COMMITMENT Attachment: Agenda Report No. VIII-1.doc Attachment: Wichita RAD Senior - RCC (Unexecuted) 4831-4646-7057 v.1.pdf Sally Stang, Housing and Community Services Director presented the item. Council Member Claycomb thanked staff and knows this has been a big project and while I know this is public housing for the entire City, all four of these units reside in District 6 and appreciates the work your staff is doing on this. MOTION: Mayor Whipple moved to authorize execution of the Rental Assistance Demonstration Conversion Commitment, together with such subsequent changes and corrections as may be necessary to complete the proceedings for closing. 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. (NONE) ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting adjourned at 11:29 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 17 CITY COUNCIL PROCEEDINGS JULY 20, 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 July 20, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 07-20-21.pdf 3) Agreements/Contracts: a.) Grant with the Kansas Department of Transportation. Attachment: Agenda Report No. II-3a.doc Attachment: Agreement.pdf b.) Derby and Butler County 2021 Interlocal Agreements. Attachment: Agenda Report No. II-3b.doc Attachment: Derby Agreement 2021.pdf Attachment: Butler County Agreement 2021.pdf 4) Minutes of Advisory Boards/Commissions: Library Monthly Activity Report, June 2021 Library Board of Directors, June 15, 2021 Attachment: Library Monthly Activity Report June 2021.pdf Attachment: Library Board of Directors June 15, 2021.pdf UNCATEGORIZED ITEMS: 5.) Community Event with Alcohol Consumption - Blessed Sacrament’s Oktoberfest. (District I) Attachment: Agenda Report No. II-5.docx Attachment: Oktoberfest Site Map 2.pdf  Page 18 CITY COUNCIL PROCEEDINGS JULY 20, 2021 Attachment: Resolution No. 21-275 6.) Lease of 230 North Mosley for Wichita Police Department. (District VI) Attachment: Agenda Report No. II-6.docx Attachment: Police Lease.pdf Attachment: Police Lease Supporting.pdf 7.) Encroachment Agreement with Phillips 66 across City-Owned Property Located at Sherwood Glen Park, Womer and 37th Street North. (District VI) Attachment: Agenda Report No. II-7.doc Attachment: Sherwood Glen Phillips Easement.docx 8.) Castlegate 3rd Addition Sanitary Sewer Petition. (District V) Attachment: Agenda Report No. II-8.doc Attachment: Supporting Documents.pdf Attachment: Resolution 21-276 II) CONSENT PLANNING AGENDA ITEMS 9.) VAC2021-00014 – City Request to Vacate a Drainage Easement Dedicated by Separate Instrument on Limited Industrial (LI) Zoned Property Generally Located on the East Side of North Oliver Avenue, Midway Between East 37th Street North and East K 96 Highway on the South Side of the Railroad Right-of-Way. (District I) Attachment: Agenda Report No. II-9.docx Attachment: VAC2021 14 -Vacation Order.docx Attachment: VAC2021 14 -MAPC Minutes Excerpt.docx Attachment: VAC2021 14 -Drainage Easement.pdf 10.) VAC2021-00017 – City request to Vacate a Platted Street Side Yard Setback on General Office (GO) Zoned Property Generally Located on the Northeast Corner of East Central Avenue and North Hillside Avenue, 550 North Hillside Avenue. (District I) Attachment: Agenda Report No. II-10.docx Attachment: VAC2021 17 -Vacation Order.docx Attachment: VAC2021 17 -MAPC Minutes Excerpt.docx  Page 19 CITY COUNCIL PROCEEDINGS JULY 20, 2021 11.) VAC2021-00024 – City Request to Vacate a Portion of a Platted Rear Yard Setback on Single- Family Residential (SF-5) Zoned Property Generally Located Midway Between North Tyler and North Ridge Roads, Approximately a Third of a Mile North of West 21st Street North and Northeast of the West Reflection Ridge Road – North Morning Dew Street Intersection, 2408 North Morning Dew Street. (District V) Attachment: Agenda Report No. II-11.docx Attachment: VAC2021 24 -Vacation Order.docx Attachment: VAC2021 24 -MAPC Minutes Excerpt.docx 12.) ZON2021-00032 – City Zone Change from SF-5 Single-Family Residential to GO General Office on 23 Acres; Generally Located One-Half Mile West of South Meridian Avenue and One-Quarter Mile North of West MacArthur Road, 3310 West MacArthur Road. (District IV) Attachment: Agenda Report No. II-12.doc Attachment: ZON2021-00032 Supporting Documents.docx Attachment: ZON2021-00032 MAPC Min Excerpt.docx Attachment: ZON2021-00032 DAB IV Report.pdf Attachment: Ordinance 51-605 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 13.) Assignment and Assumption of Lease for 7227 W. Harry Street Honeywell International, Inc., to Epoch, LLC - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-13.docx Attachment: Assignment and Assumption of Lease Honeywell Epoch.docx