City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 10, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve minutes of regular meeting, August 3, 2021 and special meeting, August 5, 2021 MOTION: Mayor Whipple moved to approve minutes of regular meeting, August 3, 2021 and special meeting, August 5, 2021 Motion carried 7 to 0. The Proclamation was read aloud by Mayor Whipple. Proclamation: 811 Day I) PUBLIC AGENDA 1.) Celeste Racette - Century II Performing Arts Center. Celeste Racette stated she is the founder of Save Century II, a non-partisan grassroots organization. Stated I'm speaking to you this morning as your boss, the 2020 Comprehensive Annual Financial Report (CAFR) contains an organizational chart for the City of Wichita. Stated at the very top of this structure is the citizens of Wichita and each one of you, the Mayor and City Council Members report to the citizens of Wichita. Stated I am speaking to you today as your boss, I'm not pleased with the proposed budget and how you plan to cut funding for Century II. Stated citizens of Wichita, your boss voted to construct this building; citizens of Wichita, your boss came up with the name Century II; and citizens of Wichita, your boss provide for annual support of Century II through the Transient Guest Tax. Stated charter ordinance 221 specifies the first priority of these funds is to take care of and maintain Century II; you are letting us down. Stated funds from this tax have been diverted, the tourism and convention fund paid for an expensive and mysterious capital project, bond debt was incurred to pay for this project but neither the budget nor the CAFR tell the citizens of Wichita what the project was for. Stated the money to upgrade Century II was given away to a wealthy developer; label this debt for what it is, Jim Korroch's Fairfield Inn. Stated the City Finance Department calls this request superfluous, this request is perfectly reasonable and I'm asking for one sentence somewhere in the CAFR or the budget that explains this debt has nothing to do with Century II and that it was used for a private hotel in WaterWalk. Stated transient guest taxes is also being drained to give millions to Visit Wichita, a company that is supposed to promote tourism in Wichita and yet year after year, their adds are mediocre and uninspiring. Stated I am asking you to create  Page 2 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 a request for proposal for tourism promotion and send it out for bidding. Stated if Visit Wichita continues to get the tourism contract because Jim Korroch sits on the Board of Directors, then remove him and those of you who accepted campaign contributions from Jim Korroch should abstain from voting on Visit Wichita's contract because that is a conflict of interest. Stated the 2022 budget states there are deferred capital needs for Century II, the roof, HVAC, lift stations. elevators and plumbing; direct City Manager Layton to fix the building and make these much needed repairs. Stated use Historic Tax credits to reduce the cost just like Spaghetti Works and other smart businessmen have done in Old Town. Stated we do not need another run down public building managed privately like the Wichita Ice Rink. Stated I was told that private management success will be measured by collaborating with Visit Wichita, are you kidding, the same group that siphons millions from the tourism fund for themselves and the Chairman of the Board. Stated the less spent on Century II the more money they can take from the tourism fund and if private management of our facilities continue, then why are you not cutting City Manager Layton's salary. Stated if he has less people to supervise and fewer facilities to manage, that should be reflected in a reduces salary rate; cut the assistant manager's salaries too. Stated the citizens of Wichita, your boss, have asked for transparency and accountability, we voted former Mayor Longwell out of office two years ago, we are ready for change and that may mean new faces on City Council. Stated we are your boss and we do not approve of hiding transactions in the budget and CAFR, quit hiding debt paid for by taxpayers for wealthy developers, put an RFP out there for Wichita tourism and cut City Manager Layton's salary. Stated we are voting in the November election, which will be your performance review and it may be your last. Mayor Whipple asked if her political organization done any political polling when it comes to your talking points today. Celeste Racette stated sure, 17,264 citizens agree with what I'm saying today. Mayor Whipple stated if you are here and you are saying I represent all the voices of the citizens; have you done a poll. Celeste Racette stated I didn't say I represent all the citizens of Wichita. Mayor Whipple stated you said quite a few times that you are the boss because you are here on behalf of all the citizens. Celeste Racette stated no I'm referencing the citizens of Wichita when I speak and say we are the boss of you Mayor and City Council. 2.) Karl Peterjohn - Century II Performing Arts Center. Karl Peterjohn stated I was part of the petition drive and come to you today to praise the Council's Policy Number 38 that was adopted August 13, 2020. Stated this is the advisory election for Century II and the Library that the Council adopted unanimously. Stated this is an excellent policy and creates an incredible opportunity for you as community leaders to bring Wichita together. Stated it acknowledges that we had over 17,000 who signed the petition to save Century II but what it didn't mention was we did this in the middle of a viral pandemic and lost about 50 days to collect signatures. Stated the Mayor asked about polling but actually going door to door or having people come in with petitions and this policy that you all adopted says in part, "on July 13, 2020 the Wichita Historical Preservation Board accepted a nomination placing Century II and the Wichita Public Central Library building on the Register of Historic Places and the National Registry of Historic Places." Stated it goes on to say, "it is Council's intent to enact a policy consistent with the spirit and intent of the ordinance requested by this Save Century II petitioners while  Page 3 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 remaining in compliance with provisions and dictates the state law. The City Council pursuant to its home rule of authority to request of the Sedgwick County Election Officer and advisory election before any demolition of Century II Performing Arts Center of the Wichita Public Center Library occurs." Stated I agree with that and is glad that you put that policy in place. Stated we have an election coming up and it would only take four of you to put it on the ballot. Stated this will be no cost to the City, we will implement this policy, put this on the ballot and I urge you to implement Policy No. 38. Stated during a meeting I attended with Council Members Cerullo, Tuttle and Frye; Council Member Frye asked what would the language on the ballot be. Stated here is my proposed language: "Municipally owned buildings that are on the National Register of Historic Places shall not be demolished or otherwise adversely affected without voter approval in Wichita. This advisory voter referendum proposal includes Century II and the Main Street Library buildings." Mayor Whipple stated at this moment there is no plans to demolish, destroy or replace Century II. Stated if we were to put this on a ballot, would we be misleading people to believe that Century II is in immediate danger of being demolished or replaced. Stated should we wait until there is a plan moving forward. Karl Peterjohn stated you have a policy in place and I'm suggesting that you just implement your policy, it is timely and there have been proposals whether we are talking about the River Front Legacy Master Plan or a more recent proposal that would significantly transform the building. Stated I think your question about polling and having talked with citizens across the political spectrum in our community, that the Council would want to bring our community together and thinks the opportunity for the public to speak out on Century II at the November election this year is a golden opportunity and thinks it would be a huge mistake not to take advantage of it. Mayor Whipple asked if a vote this November be valid in five years or would we have to do a revote at that point. Karl Peterjohn stated I am not worried about a hypothetical future vote when we haven't had the first vote. Stated if you want to increase voter participation this November, getting this on the ballot would help with that. Council Member Cerullo stated I appreciate all of the work your folks have done for Century II. Stated I have expressed support for Century II and the Public Library in my past comments and remain supportive. Stated my question is whether you would be supportive of a more descriptive question on the ballot if and when there were a City-wide election. Stated would you be supportive of asking voters directly whether they support demolishing Century II or not. Karl Peterjohn stated I think the draft language I prepared implicitly covers that point. Stated my effort in this was to try and come up with something concise and straightforward without getting too deeply into the more difficult language. 3.) Jeanine Schantz - Non-discriminatory ordinance. Janine Schantz stated she resides in Rose Hill but works and does business in Wichita. Stated it is fortuitous that the vote on the NDO was postponed for 90 days. Stated as Mayor Whipple's email response to me states that he wishes religious leaders "would have given me a chance to point out the language in the ordinance that proves that their fears are unfounded." Stated perhaps the Mayor will take this opportunity to meet with religious leaders for a fuller discussion. Stated I have emailed my concerns with the NDO several times and since I have not received answers to my questions, I bring some of them  Page 4 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 here today. Stated how will religious rights be protected by this ordinance; how does this ordinance not conflict with our Kansas Bill of Rights; how will the conscientious of cake bakers, photographers, wedding planners be protected; where in this ordinance does the Council affirm the rights of citizens to decline to engage in LGBTQ affirming messages and activities. Stated Mayor Whipple stated in his email response that the proposed ordinance covers only housing, employment and public accommodations, so how do the rights of the conscientious protected in this document of churches, private schools, wedding services, childcare services, shelters and other faith-based organizations. Stated how can the religious beliefs of a traditional marriage of one man and one woman and two biological genders successfully coexist with this ordinance, how are you protecting the rights of conscientious for all of your constituents. Stated regarding enforcement section (j), the hearing officer is further authorized in his and her discretion and in lieu of a civil penalty to require reasonable and educational requirements and asked what exactly are reasonable and educational requirements and where can the public view these materials. Stated exactly what is meant by educational, is this assigned reading, videos, classes, counseling; who will be deciding what is reasonable and what materials will be used. Stated this piece needs to be clearly outlined and available for review by the public before the NDO goes for a final Council vote. Stated the public should have a clear and precise knowledge of what is intended and what the educational requirements will be and looks forward to receiving answers to the questions I came with today. Mayor Whipple stated I would love to meet with you after the meeting but the simplest point is that our ordinance would only enforce current law at the local level, which means if any religious institution, I believe are excluded from this, is currently lawful, then they should have nothing to worry about if we enforce that law at the local level so that it is more accessible to minorities, people of color, those that it seeks to protect. Janine Schantz stated I hear you say those things but believes our rights are still vulnerable. Council Member Cerullo stated this Council facilitated by myself, Council Member Tuttle and Council Member Claycomb are hoping to facilitate a meeting with the Kansas Leadership Center, a date has not been set for that meeting yet but would highly encourage you to stay in touch with us and participate in that meeting once it becomes available. II) CONSENT AGENDA ITEMS 1 THROUGH 19 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 19 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 August 9, 2021. Attachment: 08-09-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item.  Page 5 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements. Attachment: PFPI.docx Attachment: Northgate 5th Addn.pdf Attachment: Resolution 21-288 (003134).docx Attachment: Resolution 21-289 (085464).docx Attachment: Resolution 21-290 (003123).docx Gary Janzen, Engineering Department, presented the item. MOTION: Mayor Whipple moved to approve the revised petition and budget, adopt the amending resolution, and authorize the necessary signatures. Motion carried 7 to 0. V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) Public Hearing and Resolution of Intent to Issue Industrial Revenue Bonds, Citation Holdings, LLC – Brek Manufacturing. (District IV) Attachment: Agenda Report No. VI-1.docx Attachment: Request for Authorization to Issue Bonds Attachment: Resolution 21-291 Tim Goodpasture, Office of Economic Development, presented the item. Council Member Blubaugh stated he sees that the Governor's office announced this and is this something the Governor helped bring to Kansas. Tim Goodpasture, Office of Economic Development stated the first introduction we had to Marwan Hammouri several months ago and included the state, Evergy and the City. Stated Marwan Hammouri was looking at a variety of locations, he was familiar with Wichita because he had previously been a general manager at Triumph here in Wichita, so this was one of the communities he was looking at. Stated the package that came together from the state, Evergy and the City was part of what persuaded Marwan Hammouri to pursue these buildings and Wichita as the location for this expansion for Brek.  Page 6 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Council Member Blubaugh asked about the kinds of state incentives. Tim Goodpasture, Office of Economic Development stated there is a variety of them, they are still finalizing some of them based on what they are projecting in terms of the jobs and wages so they don't yet have a final package. Mayor Whipple asked if anyone from the audience wished to speak. 1) Celeste Racette stated one thing I have learned from working 25 years in private industry is when you have projects that show you a cost benefit analysis, it makes financial sense and business know how if you do a follow up to that project and do a five or three year follow up cost benefit analysis. Stated I don't understand why the Office of Economic Development isn't required to do that. Tim Goodpasture, Office of Economic Development stated we are required to do a follow up and in the state of Kansas property tax abatements can be extended for a period of 10 years in total. Stated our local policy which is predated my 10 years with the City is that we do those property tax abatements on what we call a 5+5 year basis so the company is projecting what jobs and wages they will have over the next five years and at the five year mark we go back to the company and require them to provide us with a statement about how many net new jobs they have provided and what those wages are compared to what was projected at the initial date. Stated we then come back to the City Council and have you recommend a second five-year abatement or not recommend a second five-year abatement if the company has not achieved the projected job and wage goals that they had at the outset of the approval of the property tax abatement. 2) Tammy Porazka stated on behalf of the Greater Wichita Partnership we want to encourage you to accept this resolution. Stated this was an exciting project that we worked on with City staff and wasn't an easy project. Stated staff worked really hard to help us win this over California and urge you to help add these 75 jobs to the community and appreciate all your hard work. MOTION: Mayor Whipple moved to approve the revised petition and budget and adopt the amending resolution and authorize the necessary signatures. Motion carried 7 to 0. Mayor Whipple stated I made a motion with the wrong recommendation and asked Legal staff if we need to go back and revote. Jennifer Magana, City Attorney stated to be clear on this matter because of its significance, I would recommend that the motion be remade and re-voted on. MOTION: Mayor Whipple moved to close the public hearing, adopt the Resolution and authorize the necessary signatures. Motion carried 7 to 0. 2.) Northwest Wichita Water Facility Power Supply. (District V) Attachment: Agenda Report No. VI-2.docx  Page 7 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Attachment: NWWF Evergy Construction Agreement.docx Attachment: Deed - Special Warranty to Evergy.rtf (Council Member Blubaugh momentarily left the bench) Bill Perkins, Public Works & Utilities, presented the item. Vice Mayor Johnson asked if DAB 5 will be able to see the entire design and what that station would look like and how it fits in. Bill Perkins, Public Works & Utilities stated yes they will see the entire design. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Council Member Frye stated both neighborhoods Country Acres and Spinnaker Coves have been very involved is seeing this as it fits into their neighborhood. Stated one of the very important considerations was overhead powerlines poles versus the underground option. Stated this is an important corridor, there is a lot of traffic and trying to reduce that visual pollution has been very key for this. Stated it is an important project and is thrilled it is under budget and on time. MOTION: Council Member Frye moved to approve the agreement, approve the transfer of ownership of real property, and authorize the necessary signatures. Motion carried 7 to 0. 3.) Design Concept for Improvements to Broadway, 13th Street North to 21st Street North. (District VI) Attachment: Agenda Report No. VI-3.doc Gary Janzen, Engineering Department presented the item. Council Member Cerullo stated this $150,000 that was budgeted for the entire multi-modal accommodations plan; is that the entire amount that is going to be spent on this project? Gary Janzen, Engineering Department stated no we are working on finalizing the design right now for the new pavement markings and one of our biggest challenges when you convert a section like this and really not connecting anything on either end, is making accommodations at the intersection at 13th Street and 21st Street. Stated I think we can do that and have done other parts of the City but still need to finish the design before we can develop a cost. Mayor Whipple asked if anyone from the audience wished to be speak, no one appeared. Council Member Claycomb thanked staff for their work on this. Stated she knows this is not part of the item today, but the resurfacing on Broadway is a great opportunity to take advantage of the multi-modal project. Stated the advantages of this project are safety and connectivity to existing bike and pedestrian paths and lanes is really needed in this particular neighborhood. Stated this gives us the opportunity to implement and evaluate these results before any other changes are made to Broadway.  Page 8 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 MOTION: Council Member Claycomb moved to approve the design concept. Motion carried 7 to 0. 4.) Traffic Signal Improvements on Ridge Road at Village Circle. (District V) Attachment: Agenda Report No. VI-4.doc Attachment: Petition.pdf Attachment: Resolution 21-292 Gary Janzen, Engineering Department presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Council Member Frye stated this intersection has been challenged for some time, staff has helped it by redesigning some of the striping and added left turn lanes and that really helped but we know the stop light is absolutely necessary there because of the additional growth that we are seeing. MOTION: Bryan Frye moved to approve the project, adopt the resolution, and authorize the necessary signatures. Motion carried 7 to 0. 5.) Ordinances Creating Chapters 2.76 and 2.77 of the Code of the City of Wichita Pertaining to Open Public Records. Attachment: Agenda Report No. VI-5.docx Attachment: Ordinance 51-620 Attachment: Ordinance 51-621 Elizabeth Harlenske, Law Department, presented the item. Mayor Whipple stated the current process for having a KORA request will still be in place and this will be an optional process that is intended to make KORA more easily accessible, is that a correct statement? Elizabeth Harlenske, Law Department, stated yes, again nothing is going to change. Stated the way our citizens can make requests right now will continue, this just sets it forth in an ordinance. Mayor Whipple asked if anyone from the public wished to speak. 1) Celeste Racette stated she is thankful for the Kansas Open Records Act. Stated first KORA she filed was in September 2019 to find out what deferred maintenance was on Century II, and took two KORA requests to get the information. Stated she wonders if we are going to record how many times a citizen files requests to get the requested information. Inquired if we are going to put addresses or names on the KORA requests. Stated has had requests come back closed with no records found and then later on she  Page 9 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 was called and told the records were found in another department and how are we going to handle those situations. Inquired how errors will be handled when found in documents produced from KORA requests. Stated there needs to be an advanced search function on the City's website. Stated advanced record search would allow a person to find the document instead of filing a KORA request. Stated the City needs to transcribe past City Council meetings on the website so she can see how each member voted on items. Stated we need to transcribe every City Council meeting from 2010 forward. Stated sometimes the City does not respond in three days. Stated many times when she files a KORA in three days she gets a request for payment. Stated after she pays she gets a response that it may take a week or additional time to fulfill the request. Stated there should also be a way to determine before she is invoiced if the document or requests exists that she is requesting. Stated she has had dates redacted on some requests and finds it ridiculous that a date was redacted. Stated there are a lot of problems with KORAs and a lot of ways to streamline the process. Mayor Whipple inquired is Ms. Racette is in favor of them streamlining this and if this is a good step forward. Celeste Racette stated she would assume it is a good step forward, but what the City needs to do is put an advanced search feature on the website as well. Mayor Whipple stated we look forward to getting input from folks who utilize KORAs on how we can make it better. Council Member Blubaugh inquired if this is something we can take a look at to see if this is what a lot of other cities are doing. Stated he is sure there is software out there we can get to make it a little easier to get some of this information. Bob Layton, City Manager stated he was taking notes on restructuring the website and one of the things they want to make sure to address is the search function. Mayor Whipple stated there has been talk about possible software upgrades and there might be some opportunities in the future to transcribe some of the old past meetings and help bring it up to the customer services expectations the public wants. 2) John Todd stated he would like them to consider putting the City's checkbook online. Stated the County Commission did about 10 years ago and would like the City to as well. MOTION: Mayor Whipple moved to place the ordinances on first reading and authorize the necessary signatures. Motion carried 7 to 0. COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) CON2021-00027: City Conditional Use for Group Residence, Limited for Home Plus Assisted Living Home on Property Zoned SF-5 Single-Family Residential; Generally Located on the East Side of North Edgemoor Drive, One-Block South of East 13th Street North, 5502 East Polo Drive. (District I)  Page 10 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Attachment: Agenda Report No. VII-1.docx Attachment: Supporting Documents.doc Attachment: CON2021-00027 MAPC Minutes Excerpt.docx Attachment: CON2021-00027 DAB 1 Report.docx Attachment: Resolution 21-293 Scott Wadle, Planning Director, presented the item. Council Member Frye stated they are asking for a variance to reduce the parking requirement from six spaces to two spaces. Scott Wadle, Planning Director stated in this case that has been granted by the BZA but is conditional on whether or not this conditional use gets approved by the Council today. Council Member Frye asked where do they park, is it just street parking? Scott Wadle, Planning Director stated they would have the two parking spaces off street and if they have any additional parking needs, those would be met upon the street. Vice Mayor Johnson stated this application seeks approval of a group residence limited facility which by definition could allow 12 residents plus staff. Stated this neighborhood already has a number of group type facilities and an increasing number of residents and in this case, would further increase the density of community operated institutions, which is a significant change to the existing single-family neighborhood. Stated the property is currently being used as a group home with eight residents and this application would then try to increase that to 10. Stated the increase in number of residents would detrimentally affect nearby property by changing the character of the neighborhood from residential to increasingly higher commercial operated institutions. Stated this expansion intensification of the institutional uses in the center of a single-family residential neighborhood, increases encroachment and pressure for conversion of other single-family residences to similar uses, which we already see in the neighborhood. Stated this proposed conditional use is not in the conformance of the Wichita-Sedgwick County Comprehensive Plan, the Commerciale Investments Plan nor the locational guidelines which indicate that higher intensity development should be discouraged. Stated the proposed changes would increase the number of residents requiring personal care or nursing could be detrimental to the access and deployment of safety services. Stated there is relatively little hardship on the applicant by denying the two additional residents sought in this application so for those reasons mentioned and acknowledgement of the objection of a significant amount of neighbors will be moving to deny this application. MOTION: Vice Mayor Johnson moved to deny CON2021-00027. Motion carried 7 to 0. 2.) CON2021-00029: City Conditional Use for Group Residence, Limited for Home Plus Assisted Living Home on Property Zoned TF-3 Two-Family Residential; Generally Located 1,970 Feet West of North Maize Road, on the North Side Of West 37th Street North. (District V)  Page 11 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Attachment: Agenda Report No. VII-2.docx Attachment: Supporting Documents.docx Attachment: Definitions Group Residence & Accessory Apartment.docx Attachment: MAPC Excerpt Minutes July 8, 2021.docx Attachment: Resolution 21-294 Scott Wadle, Planning Director, presented the item. Council Member Frye stated as we heard with the last case, these are challenging issues and we have to take into consideration ADA and constitutional issues when considering them and have to recognize that an 80% valid protest is significant but when you take into consideration the golden factors identified under Kansas law which constitutes the basis of a denial, I cannot find enough compelling factors to support the denial especially since the parking is contained within the lot. Stated neighborhood opposition is certainly a factor to consider but it cannot be the sole consideration to justify denial. Stated I have spoken to both parties, the applicant as well as homeowners adjacent to the property, both parties agree that a conditional use for group residence limited to a licensed home plus facility with no more than 10 residents on site is common ground and a compromise. Stated this site is within a neighborhood and keeping in that look and feel of a residence is important to everyone. MOTION: Council Member Frye moved to approve the application including the recommendations by staff with the additional condition that the group residence be limited to a home plus licensed facility as defined by the Kansas Department for Aging and Disability Services with no more than 10 residents residing in the facility. Motion carried 7 to 0. 3.) CON2021-00030: City Conditional Use to Allow an Accessory Apartment on Property Zoned TF-3 Two-Family Residential; Generally Located 1,970 Feet West of North Maize Road, on the North Side of West 37th Street North. (District V) Attachment: Agenda Report No. VII-3.docx Attachment: Supporting Documents.docx Attachment: Definitions Group Residence & Accessory Apartment.docx Attachment: MAPC Excerpt Minutes July 8, 2021.docx Attachment: Resolution 21-295 Scott Wadle, Planning Director, presented the item. Council Member Frye stated getting this accessory unit into the unified zoning code is paramount.  Page 12 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 MOTION: Council Member Frye moved to adopt the findings of the MAPC and approve the requested Conditional Use for the Accessory Apartment, authorize the necessary signatures, and instruct the City Clerk to publish the resolution. Motion carried 7 to 0. HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA 1.) Resolution Supporting the Extension of Amtrak Services. Attachment: Agenda Report No. X-1.doc Attachment: Resolution 21- Attachment: Amtrak Fact Sheet.pdf Jennifer Magana, City Attorney, presented the item. Council Member Claycomb stated they have been working on the return of passenger rail to Wichita for quite some time, working with partners in Kansas, Oklahoma, Amtrak, and state and federal delegations. Stated this is the closest they have been to see the return of Amtrak since it left Wichita in 1979. Stated there are lots of benefits to passenger rail. Stated one of the most important is the attraction/retention of young people, for example with in-state tuition at WSU for students along the corridor. Stated for older generations it is a mode of transportation for when they do not want to or cannot fly or drive. Stated support of this resolution will help send a strong message to our federal congressional delegation about Wichita's desire for the return of passenger rail. Council Member Frye stated he picked up a copy of Ponca City magazine while in Oklahoma this weekend and they had an extensive article about the return of passenger rail and making the connection to Kansas. Stated he wants to thank Council Member Claycomb for her diligence on this and her passion for restoring this service and wants to recognize those efforts. Vice Mayor Johnson thanked Council Member Claycomb for all of her work on this and all of the long meetings they have when they go to D.C. and even away from D.C. Mayor Whipple stated that President Biden's Infrastructure Bill just passed the Senate which means that they are closer than they have ever been to having passenger rail reinitiated in Wichita. Stated this is a $64.8 million annual economic impact and thinks it is so important because the bipartisan bill actually cut $20 million out of the proposal for passenger rail that we get on record as a City to tell our delegation that we would be appreciative to be considered in plans for rail service to Wichita.  Page 13 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 MOTION: Mayor Whipple moved to approve the resolution and authorize all necessary signatures. Motion carried 7 to 0. XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. (NONE) RECESS - EXECUTIVE SESSION MOTION: Mayor Whipple moved to recess into Executive Session for 15 minutes to receive information on an offer of settlement pursuant to K.S.A. 75-4319(B)(2): for legal consultation with the City Attorney which would be deemed privileged in the attorney-client relationship pending litigation, legal advice and claim settlement. The Executive Session is required to protect attorney-client privilege and the public interest. The Executive Session will begin at 11:15 a.m. and end at 11:30 a.m. The meeting will resume in the Council Chambers. Motion carried 7 to 0. MOTION: Mayor Whipple moved to recess into Executive Session for 30 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 11:31 a.m. and end at 12:01 p.m. The meeting will resume in the Council Chambers. Motion carried 7 to 0. RECONVENE The City Council reconvened in the Council Chambers at 12:01 p.m. No binding action was taken as a result of the Executive Session. MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 5 to 0 (absent: Council Member Blubaugh, Council Member Cerullo). The meeting was adjourned at 12:02 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 14 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 19 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses: a.) Applications for Licenses Attachment: Applications for Licenses Aug 10, 2021.docx 2) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBs for August 10, 2021.docx 3) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 08-10-21.pdf Uncategorized Items: 4.) Institute of Museum and Library Services CARES Grant Application. Attachment: Agenda Report No. II-4.docx 5.) Bond and Note Sale. Attachment: Agenda Report No. II-5.doc Attachment: Resolution No. 21-296 Attachment: Resolution No. 21-297 6.) Approval of Security Scanning Systems and Installation Services. Attachment: Agenda Report No. II-6.doc Attachment: Contract 7.) Community Event with Alcohol Consumption – Wichita Wagonmasters Chili Cookoff. (Districts I and VI) Attachment: Agenda Report No. II-7.docx Attachment: Site Plan.pdf  Page 15 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Attachment: Resolution 21-298 8.) Visit Wichita May and June 2021 TGT Financial Reports. Attachment: Visit Wichita TGT Reporting 5.2021.pdf Attachment: Visit Wichita TGT Reporting 6.2021.pdf 9.) July 2021 Monthly Report for City Council. Attachment: July 2021 Monthly Report for City Council.pdf 10.) Surplus of City-owned Properties in the 400 Block of South Greenwich Road. (District II) Attachment: Agenda Report No. II-10.doc Attachment: Supporting Documents.pdf 11.) Over Estimate Bid for Hoover Road Multi-Use Path Phase 1. (District VI) ***PULLED PER CITY MANAGER*** 12.) 2022 Federal Edward Byrne Memorial Justice Assistance Grant State Solicitation. Attachment: Agenda Report No. II-12.doc 13) Second Reading Ordinances: Second Reading Ordinances (first read August 3, 2021) Attachment: List of Second Reading Ordinances 08-10-2021.docx II) CONSENT PLANNING AGENDA ITEMS 14.) A21-05: Auburn Villas, LLC Requests the Annexation of Land Generally Located within One-Quarter Mile South of West Kellogg, U.S. 54/400 and One-Half Mile West of South 119th Street West. (District IV) Attachment: Agenda Report No. II-14.docx Attachment: A21-05 -Mapsheet.docx Attachment: Ordinance 51-622 15.) PUD2021-00011: Zone Change Request from B Multi-Family Residential and LI Limited Industrial to Planned Unit Development (PUD #88); Generally Located One-Quarter Mile South of K-96 Highway on Both Sides of North Hillside. (District I) Attachment: Agenda Report No. II-15.doc Attachment: Supporting Documents.doc  Page 16 CITY COUNCIL PROCEEDINGS AUGUST 10, 2021 Attachment: PUD Language for WCC Agenda Report.docx Attachment: Excerpt Minutes PUD2021-11 #88.docx Attachment: PUD2021-00011 DAB I Report.docx Attachment: Ordinance 51-623 16.) SUB2021-00023 -- Plat of Kimberly Addition Located 1200 feet North of West Central Avenue, 900 Feet West of North McLean Boulevard. (District VI) Attachment: Agenda Report No. II-16.docx Attachment: Supporting Documents 17.) ZON2021-00033: City Zone Change from SF-5 Single-Family Residential to MF-18 Multi- Family Residential with a Protective Overlay; Generally Located 1,100 Feet East of Zoo Boulevard and 470 Feet North of West Central Avenue. (District VI) Attachment: Agenda Report No. II-17.doc Attachment: Supporting Documents.docx Attachment: ZON2021-00033 MAPC Minutes Excerpt.docx Attachment: DAB 6 Memo ZON2021-00033.pdf Attachment: Ordinance 51-624 II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 18.) Clemens Aviation, LLC, Supplemental Agreement No. 3, Colonel James Jabara Airport. Attachment: Agenda Report No. II-18.doc Attachment: CA SA3.pdf 19.) Mid-Continent Aviation Services, Inc., Supplemental Agreement No. 1, Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report II-19 Attachment: MCAS SA1.pdf