City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 3, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Invocation was given by WPD Charley Davidson followed by the Pledge of Allegiance. Approve the minutes of regular meeting on July 27, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on July 27, 2021. Motion carried 7 to 0. Proclamation: Civitan Club of Wichita Day Mayor Whipple read aloud the proclamation. I) PUBLIC AGENDA 1.) Sybil Strum - Being picked on by the community. (NO SHOW) 2.) Shirley Starr - Ideas for Century II and the poor condition of the streets. (CANCELED) 3.) Tremaine Longar - Applauding Wichita for having good people run for election. (NO SHOW) 4.) Mary Kathryn Vernon - Climate change. (Vice Mayor Johnson momentarily left the bench) Mary Kathryn Vernon stated she spoke here in 2017 on the subject of climate change and since then the City has not done anything appreciable in that direction to mitigate the effects of climate change. Stated with our progress greenhouse gases have entered into the atmosphere exponentially creating global warming. Stated today we have wild fires raging, torrential rains, flooding, droughts, hurricanes, extinction of species, crop failures and mass human migration worldwide on a catastrophic scale. Stated the earth's axis has shifted 30 feet in the last century. Stated climate scientists say that the earth's vital signs are close to or has surpassed tipping points if we don't reduce CO2 and emissions soon, the earth will become uninhabitable. Stated most of you are probably aware of all of this, but suspects you haven't let it sink in, it is a hard fact to face. Stated we humans are responsible for trashing the planet and yet we are not willing to stop and clean up our mess; we want more. Stated it is not our fault, we are wired that  Page 2 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 way, it's a survival mechanism but we are still responsible for the damage we have done and are responsible for using our minds and instincts to find ways to fix it and change the way we do things. Stated I am here to ask every member of the City Council and the Mayor, to take responsibility for doing our part as a City and reducing our CO2 and methane emissions to zero to place that goal at the forefront of every single decision you make. Stated you owe it to every citizen of this City and every citizen of the world. Stated you all have a choice, you can scoff at what I have said, ignore what climate scientists have been saying for over a hundred years and proceed with your plans to develop the economy, which is what got us into this mess in the first place, or you can do what is right for the common good. Stated my first suggestion to staff is to set up an Elected Climate Change Mitigation Board composed of concerned citizens to guide the City Council and Mayor of all decisions involving materials and processes which produce CO2 or methane emissions in their production or end product. Stated in 20 years’ time when we have failed as a species to adapt and evolve, will we be near extinction struggling desperately to survive or will we have humbly taken our places among all other forms of life on earth cleaning up our mess and knowing that to have enough, is enough. 5.) Jalon Britton - Non-Discrimination Ordinance Jalon Britton, 2921 N. Governeour Street stated my God is an awesome God and I am thankful for the man that he has raised me into today. Stated I am an unashamed Christian and I preach the gospel every chance I get. Stated lately I have been ashamed of the people who have spoken in this chamber over their concerns regarding the Non-discrimination Ordinance (NDO). Stated they all start off by saying I'm a Christian and I have nothing against the gay community, but. Stated after that brief conjunction there is hatred, comments and this evil thing that is coming out of people's mouths. Stated it hurts to listen to that for 11 plus hours, one side condemning the other. Stated evil comes in all shapes and forms and some people have said that accepting gay people was a direct approval of accepting pedophiles. Stated with that statement alone, this NDO should have passed a long time ago. Stated some members of this Council voted for workshops and more time to listen to both sides of the issue; 90 days of workshops can't fix the hate that has been in some people's hearts all of their lives. Stated I believe it is important to understand that loving your neighbor is not just a simple task as a Christian, it requires us to be selfless, to show compassion, and kindness to others. Stated religious freedoms gives us the right to live our lives according to our own beliefs and principles. Stated people in this house need to stop using my God as an excuse to discriminate an opposed belief on others who may not share those same beliefs as us. Stated religion was used on people who look like me who were kidnapped, sold, beaten and raped. Stated religion was used to justify slavery, segregation, interracial and gay marriages. Stated my own representative, Patrick Hammond was in this chamber weeks ago and was booing and cheering while different people spoke against the NDO. Stated Jim Crow ended only 60 years ago, I'm glad that you Council Members who recommended 90 more days of hate, weren’t in legislation back then because I probably wouldn't be alive to speak here today, especially if we stopped and listened to both sides. Stated here we are in 2021 still fighting the same battles, the word of God is not a weapon to use for discrimination, it is a tool to uplift and encourage people and all the NDO is asking is that we have civil rights for all and to treat others with respect. Stated I favor the NDO because it protects me too and hopes when this is returns in October that action is taken with more teeth in it.  Page 3 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 II) CONSENT AGENDA ITEMS 1 THROUGH 9 Vice Mayor Johnson asked that consent item II-8 be pulled off of the consent agenda. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 9 in accordance with the recommended actions shown thereon; excluding item 8. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated August 2, 2021. Attachment: 08-02-2021 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.) ASBESTOS REMEDIATION PROJECT CLOSE OUT – THREE DOWNTOWN BUILDINGS. (DISTRICT I) Attachment: Agenda Report No. VI-1.docx Attachment: Cost of Constructing 124 S Broadway Henrys Attachment: Cost of Constructing 100 S Broadway Plaza Attachment: Cost of Constructing 209 E William (Sutton Place) Attachment: Ordinance 51-617 (209 E William) Attachment: Ordinance 51-618 (124 Broadway) Attachment: Ordinance 51-619 (105 S Broadway) Mark Elder, Office of Economic Development, presented the item.  Page 4 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the final statements of cost, place the ordinances on first reading and authorize the necessary signatures. Motion carried 7 to 0. 2.) ACCEPTANCE OF THE ADVANCING HEALTH LITERACY TO ENHANCE EQUITABLE COMMUNITY RESPONSES TO COVID-19 GRANT. Attachment: Agenda Report No. VI-2.doc Attachment: 2 COVID Grant Letter of Support HealthCore.pdf Attachment: 3 COVID Grant Letter of Support Kansas Health Foundation.pdf Attachment: 4 COVID Grant Letter of Support K-State Research and Extension.pdf Attachment: 5 COVID Grant Letter of Support KU Med.pdf Attachment: 6 COVID Grant Letter of Support KLC.pdf Attachment: 8 Notice of Award - FactsNotFear.pdf Attachment: 9 COVID Grant Letter of Support Hunter Health.pdf Attachment: 10 COVID Grant Letter of Support Wichita Black Nurses Assn.pdf Attachment: Copy of Grant Budget - NoA CPIMP211300.xlsx Attachment: Subrecipient Agreement FactsNotFearICT.docx (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Donte Martin, Assistant City Manager, presented the item. Dr. Elizabeth Ablah, KU School of Medicine Department of Population Health stated I would like to tell you about some of the work we have been doing and how it relates to this potential grant, which is a great opportunity for us to consider. Stated the first project we did was several months ago and started that with the Health Department in Sedgwick County. Stated they wanted us to do two surveys that were to assess the attitudes and the behaviors of residents of seven counties, including Sedgwick County. Stated we have those results and shared that, which has conformed very closely to what Sedgwick County Health Department has done in terms of helping to increase the amount of testing and vaccines in the City of Wichita, the county, as well as six other counties. Stated I am an investigator of a National Institute of Health (NIH) grant that is called Rapid Acceleration of Diagnostics of Underserved Populations. Stated we have 10 counties in the state that we work with where it is a community engaged initiative and the intent of that initiative is to increase testing among underserved populations. Stated we have been very engaged, Sedgwick County is one of the 10 counties that the Kansas Department of Health and Environment wanted us to be a part of a grant that they received from the Centers for Disease Control and  Page 5 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 Prevention and that project is now with 20 counties and Sedgwick County is one of those. Stated I had the privilege with working with Vice Mayor Johnson on a Facts Not Fear campaign in Wichita and is very excited to have been a part of that through the Kansas Leadership Center's project. Stated we have been in consult with the Community Connections Consultant Services and there are so many possible areas for overlap that we really have a great opportunity for all of these funding sources from National Institutes of Health, Centers for Disease Control and Prevention and now HHS to really bring a lot of these efforts together and have coordinated efforts with the Health Department in Sedgwick County among others across the state to have a very coordinated effort and encouraged the Council to accept this proposal. Council Member Tuttle thanked staff for being so forward leading in applying for this opportunity and thanked Dr. Ablah, Chris Stewart and Teresa Lovelady. Teresa Lovelady, HealthCore Clinic stated we know that COVID-19 was a global pandemic that not only hit the world hard but hit the U.S. hard, our state hard, our county hard and our City hard. Stated it hit many communities disproportionately and made us realize some of the health inequalities and disparities that exists in our communities today. Stated we saw many disparities when it came to screening, testing, employment, and housing. Stated when we look at the social determinist of health, the core basics of our quality of life; when we look at how COVID-19 really exasperated all of our lives and touched each of us. Stated if it didn't touch us directly, it touched our place of employment, it touched someone in our family, it touched us in some way, and it touched our kids in school. Stated with this Office of Minority Health Grant and the opportunity to provide health literacy and resources to help us promote and form decision making as we move forward; that is the part of the grant for me that is most interesting, which is how do we improve our ability to make decisions with limited resources. Stated that is one of the things we saw that really exasperated the disparities and believes this grant opportunity is going to collect and help us get data with Dr. Ablah and all of the other resources, tools, and things that are going to be happening in our community. Stated when I think about HealthCore Clinic's response and along with GraceMed, Hunter Health, Guadeloupe Clinic, the County Health Department and local hospitals, it was really rough being on the front lines and seeing and touching the lives of many people whether they had or didn't have insurance or whether they were an essential employee or a non-essential employee, COVID touched us all. Stated we had to band together whether we knew we would get resources or not, we had to do the very best that we could for our community and believes that this opportunity will allow us to reach across all demographics, ethnicities to really collect the data needed to help us make better decisions. Representative Gail Finney stated my position today is as the State Representative of the 84th district, I come here to attest and support the Wichita Black Alliance and what they have done so far to educate our community about COVID-19. Stated right now with the disproportionate effect of COVID-19 on the African American community and other minority communities, it is important that we expand what they are doing and it is also important that this grant is going to be extending with the black community and taking it to other communities. Stated what I have witnessed is that communities have become much more aware because of the social media campaign, the Facts Not Fear campaign and they have done a wonderful job reaching out to all of the businesses and putting out signs all throughout the community. Stated I am here today to ask for your support and approval of this grant. 1) Lawanda Deshazer stated the thing that drove COVID-19's numbers up was fear so the Facts Not Fear campaign helped people to understand that it is okay and that we can talk about it and when you have someone who looks like you to better explain what is going on, it helps with that fear and that is what the Black Alliance was able to accomplish. Stated we can do the same thing with this grant for the Hispanic and Asian communities and with that in mind, asks you to accept the grant and support it and let's fight  Page 6 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 COVID and this variant and move forward so that we can get to a new normalcy that we all have been looking for. Vice Mayor Johnson stated this is a great opportunity if approved, to expand the work that the Black Alliance did last year into other minority communities. Stated we have been hearing the real impact of changed behaviors and that was one of the concerns last year, folks going out without masks and not knowing the importance of it. Stated we have seen and heard from folks who have changed their behavior because of the Black Alliance campaign. Stated there are folks who went and got vaccinated because of the town halls that was put on by the Black Alliance and the local doctors that they knew and trusted. Stated I am excited about the potential opportunity to expand that into other communities and making sure we are putting the facts out for the communities to understand and see and the ability to ask questions of professionals. Stated I am supportive and thinks this is a great opportunity over the next two years to really turn the corner in Wichita. Stated nationally I have not heard of another community that has been doing the work that Black Alliance has done and looking at the expansion efforts right now that Wichita could potentially be a national leader in our response from this grant. MOTION: Mayor Johnson moved to authorize the acceptance of the grant award, approve the contract with Community Connections Consulting Services and authorize the necessary signatures. Motion carried 7 to 0. 3.) LAND ACQUISITION FOR NEW PATROL EAST STATION. (DISTRICT III) Attachment: Agenda Report No. VI-3.doc Attachment: USD 259 Contract Updated 7-15-21.doc Attachment: Patrol East Aerial.pdf Police Chief Gordon Ramsay presented the item. Chris Sewell, Public Works & Utilities, reported on the background. Mayor Whipple asked if anyone from the public wished to speak; no one came forward. Vice Mayor Johnson thanked WPD, Chief and staff for their work on this. Stated we heard quite a bit from the Cypress neighborhood as we were looking at Cypress Park. Stated it was good to see the engagement and working with our community on a solution. Stated there were a few neighborhood folks who mentioned using the Amax space as well as staff looking at it and the engagement in District III. Stated I think this is a great solution and has heard from many of the neighbors since then who are excited about the potential of having police still very close to them and within the neighborhood and law enforcement to still be able to access Kellogg. Stated this is a win-win for everyone. Council Member Cerullo stated he echoes Vice Mayor Johnson's comments. Stated this has been a long time coming and thinks this process started back when I was first starting my term on DAB III.  Page 7 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 MOTION: Council Member Cerullo moved to approve the real estate purchase agreement and authorize all necessary signatures. Motion carried 7 to 0. 4.) 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Attachment: Agenda Report No. VI-4.docx Attachment: City of Wichita KS 2020 Comprehensive Annual Financial Report.pdf Mark Manning, Finance Director, presented the item. Tara Laughlin, VP - Allen, Gibbs & Houlik, L.C. reported on the audit results. Mark Manning, Finance Director stated I would like to also acknowledge Nikki Babcock and Christina Rose in the Controller’s office. Stated they spent an extraordinary amount of time on this project, it is very comprehensive and they do a fantastic job. Stated I would like to talk very briefly about GASB 89. Stated that requires us to report capitalized interest a little bit differently than what we had in the past and we will have to incorporate that into our performance for the Water and Sewer Utility but we are coordinating with staff and will do that the next time you see a Performa. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to receive and file the Comprehensive Annual Financial Report for the fiscal year ended December 31, 2020. Motion carried 7 to 0. 5.) 2021 WATER AND SEWER COST OF SERVICE ANALYSIS. Attachment: Agenda Report No. VI-5.docx Attachment: Contract.pdf Penny Feist, Public Works & Utilities, presented the item. Council Member Frye asked staff if this company has worked with us before. Penny Feist, Public Works & Utilities stated no we have not done business with NewGen Strategies before. Council Member Frye asked if they have had any experience with utilities this size before. Penny Feist, Public Works & Utilities stated the relevant experience that we identified were a couple of municipalities in Texas, Fort Worth and Austin were the largest. Stated they have done a number of cost and service analysis within that state and also Springfield, Missouri.  Page 8 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 Council Member Frye stated what about projects of this size that we have currently underway, the Water Treatment and the Waste Water with close to a billion dollars’ worth of expense coming over the next 10 years; have they had experience of that scope in size. Penny Feist, Public Works & Utilities stated no, there is probably going to be very few that have that caliber because our Water Treatment Plant is the second largest in the nation and is not aware of the types of projects that they have done. Stated the selection criteria was focused on their ability to note the work, which was based on references we checked with other utilities and the depth and bench of their project team. Stated that is what they basically focused on but could look into what other projects they have experience with as well. Council Member Frye stated I am just a little concern as Mr. Manning just eluded to in the last agenda item, GASB 89 and this previous COSA did not have that process and now we have two major construction projects that we are going to have to include the interest as part of the expense, not capitalize and so I am worried about rate structure going forward and hopefully we are not looking for a huge sticker shock in the future. Stated I want that to be part of the discussion as we are going through this. Bob Layton, City Manager stated he and the Finance Director have visited on this for some time. Council Member Frye stated we promised the community a certain rate structure over the next several years. Bob Layton, City Manager stated we are very aware. Penny Feist, Public Works & Utilities stated I think its good timing, we don't always have the benefit of good timing so the COSA this year along with the GASB change will be a good time to incorporate it. Council Member Frye stated yes because your schedule said two years. Mayor Whipple asked if anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the contract with NewGen Strategies and Solutions and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE  Page 9 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Vice Mayor Johnson appointed Marcus J. Porter Sr. to the District 1 Advisory Board. Mayor Whipple appointed the following to the Wichita Employees Retirement Board of Trustees: Maria Bias, Mark Hall, Hannah Lang, Melinda Walker, and Joni Chamberlain. Brandon Whipple moved to approve the appointments. Motion carried 7 to 0. Vice Mayor Johnson reminded the community that this Thursday at 6:30 p.m., we are having an evening meeting to discuss the budget and would love to have everyone's input. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 10:10 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 10 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 9 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 August 3, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 08-03-21.pdf 3) Agreements/Contracts: a.) 2022 Funding Contributions for the Cheney Lake Watershed Water Quality Project. Attachment: Agenda Report No. II-3a.docx Attachment: MOU.pdf Attachment: Contract.pdf 4) Minutes of Advisory Boards/Commissions: Wichita Animal Services Advisory Board, May 19, 2021 Attachment: Wichita Animal Services Advisory Board, May 19, 2021 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 No. 21-287 UNCATEGORIZED ITEMS: 6.) Shuttered Venue Operators Grant Application and Award. Attachment: Agenda Report No. II-6.docx 7.) 2021 Water and Sewer Cost of Service Analysis. (MOVED TO NEW BUSINESS VI-5)  Page 11 CITY COUNCIL PROCEEDINGS AUGUST 3, 2021 8.) Second Amendment to Community Housing Development Organization Funding Agreement with Jakub’s Ladder, Inc. (District I) Attachment: Agenda Report No. II-8.doc Attachment: Jakub’s Ladder, 2nd Amendment Vice Mayor Johnson stated due to a potential conflict of interest, I need to abstain from this item. MOTION: Mayor Whipple moved to approve the contract amendment providing for an extension of time for project completion, and authorize the necessary signatures. Motion carried 6 to 0, (Abstained: Johnson). II) CONSENT PLANNING AGENDA ITEMS 9.) SUB2021-00017 -- PLAT OF MONARCH LANDING 5TH ADDITION LOCATED ON THE NORTH SIDE OF EAST 21ST STREET NORTH, 800 FEET WEST OF NORTH 159TH STREET EAST. (DISTRICT II) Attachment: Agenda Report No. II-9.docx Attachment: Supporting Documents II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE