City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 17, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Cindy Claycomb, Becky Tuttle, Bryan Frye, Jared Cerullo, and Jeff Blubaugh. Staff members present: Bob Layton, City Manager, Jennifer Magana, Director of Law, and Jamie Buster, Deputy City Clerk. Mayor Whipple called the meeting to order at 9:00 a.m. Approve the minutes of regular meeting on August 10, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on August 10, 2021. Motion carried 7 to 0. Proclamation – Save the Bees Day Mayor Whipple read aloud the proclamation. I) PUBLIC AGENDA 1.) George Theoharis – 9 to 5 Public Safety. (Not present at 9:00 a.m. but showed up later and spoke) George Theoharis stated I get all of my comments from citizens from Next Door and wrote that he is presenting before the City Council on fireworks on August 17th and wants to insure I get all the different aspects as to not miss anyone's point of view. Stated upon review of these first 92 responses I have come to realize that although there is a great divide with many people as to whether fireworks should be shot off at all, there are many who just want people to be more considerate and shorten the time down from nine days to a number yet to be decided. Stated with the upcoming three City Council races, I don't expect any action until after November. Stated my recommendations and hopefully yours, legal fireworks from July 1 through July 5 with a thousand dollar fine used as a deterrent before or after those dates. Stated in the Sunnyside neighborhood a woman posted that she walked her dog by a dad and his two sons and after passing them they lit some fireworks off and her dog bolted and she ended up tweaking her knee. Stated this would have been a fine for on thousand dollars as it was July 19th. Stated the worst date for my proposal is when the Fourth is on a Thursday as there wouldn't be a weekend day included in these five days and gave a presentation using a set of scales. II) CONSENT AGENDA ITEMS 1 THROUGH 9 Vice Mayor Johnson asked to pull consent item II-8.  Page 2 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 MOTION: Mayor Whipple moved to approve consent agenda items 1 through 9 in accordance with the recommended actions shown thereon, with the exception of item 8. Motion carried 7 to 0. Vice Mayor Johnson stated due to a potential conflict of interest, will abstain from consent item II-8. MOTION: Mayor Whipple moved to approve consent item 8. Motion carried 6 to 0, (Abstained: Johnson). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated August 16, 2021. Attachment: 08-16-2021 Board of Bids.pdf Hannah Lang, Department of Finance, presented the item. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements. Attachment: PFPI.docx Attachment: Emerald Bay Estates 4th Addn.pdf Attachment: Resolution 21-309 007866.docx Attachment: Resolution 21-310 085542.docx Gary Janzen, Department of Engineering, presented the item. MOTION: Mayor Whipple moved to approve the revised petitions and budgets, adopt the amending resolutions, and authorize the necessary signatures. Motion carried 7 to 0. V) UNFINISHED COUNCIL BUSINESS - NONE  Page 3 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 VI) NEW COUNCIL BUSINESS 1) 2022 ANNUAL OPERATING BUDGET AND 2022-2031 CAPITAL IMPROVEMENT PROGRAM. Attachment: Agenda Report No. VI-1.docx Mark Manning, Finance Director, presented the item. (Council Member Cerullo momentarily left the bench) Mayor Whipple asked if anyone from the audience wished to speak. 1) Celeste Racette stated the City released several documents within days of each other; the budget, 600 pages, the CIP and CAFR. Stated thousands of pages of information and trying to get straight answers from the Finance Department is nearly impossible and asked if there is anyone on City Council who can answer my questions. Stated I have asked several times why Jim Korroch's four million dollar debt for the Fairfield Inn isn't mentioned in the budget documents or in the CAFR. Stated this debt was labeled incorrectly as storm water utility and the budget description makes it sound like this money was spent on Century II, but it wasn't. Stated the Finance Department told me there was a description in the bond official document so I filed a KORA and looked; there is nothing there, it is hidden debt and why is this debt kept a secret in our financial records. Stated taxpayers pony up local sales taxes every year to pay of K-96 and Greenwich STAR Bonds but there is no mention of these payments made in the budget or the CAFR. Stated there is one hundred million dollars of STAR Bond debt missing from our financial statements; I talked to the State of Kansas yesterday and they specifically mention in their CAFR that the state is not responsible for STAR Bond debt but the City's financial statements only record a small portion of the debt we have issued to build the new ball stadium and K-96; have you asked Allen, Gibb, & Houlik if you can hide the remainder of this STAR Bond debt; why is it not on our books? Stated why is the Riverside TIF debt hidden, where is ongoing infrastructure expenses we are paying for this private development for Jones and Burke in the Riverside area? Stated it is not listed in the budget, it is not in the CAFR, everything I am mentioning remains hidden. Stated I can't even track employee staffing. The budget and the CAFR don't use the same measurements for employee positions and all I can tell for sure is that shrinkage is not really a correct term. Stated there are nine positions being eliminated for Century II, Public Works is losing 11 positions and plumbing and mechanical is losing two; so much for hiring 139 full time civilian positions with our ARPA funds, it looks like there will be layoffs. Stated where is the mysterious ten million in private donations coming from to help with our parks and would like to know whose pocket that is coming from. Stated why is there 19 million in capital projects reclassified; why is there a huge jump, 127 million in construction and progress; why have you issued 55 million in temporary notes; what are you building; when are you planning to put this into long-term bonds; why are you holding 12 million in STAR Bond cash in money market accounts; why did Finance reclassify accounts and switch sanitation expenses with culture and recreation expenses; how are these types of expenses even remotely related to each other. Stated I have tried for over a week to get 30 minutes to ask these questions and no one will set up time to talk to me. Stated how can you ignore statutes, ordinances and regulations established by the City of Wichita to move funds from the Hotel Guest tax into the general fund, this is supposed to be used to support Century II and cultural attractions and how can you ignore your own administrative regulations, when are you hiring an internal auditor. Stated I see where you are creating a negative economic impact initiative to dole out 20 million dollars; what kind of oversight and accountability will that group have; how can the public monitor who gets these funds? Stated private management will not result in an enhanced customer service, you must be tone death to  Page 4 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 have not heard the complaints regarding the Wichita Ice Rink Center for the past nine years; debt is driving this City into the ground and we are fortunate to have received a 72 million federal bailout; debt is increasing almost 30% to almost all fund expenditures, the restricted net position of the City has increased, debt and restricted funds are putting pressure on quality of life as reflected last year in the 26 million dollar cut in highways and streets and homeowners keep paying property tax increases through assessed values to keep the general fund going. Stated in a few years, ARPA funds will dry up and the general fund will be unbalanced, debt for water infrastructure has started with 30 million in WIFA bonds, revenue bonds 37 million, loan funds of five million and there is a biological nutrient removal project estimated at 357 million. Stated it won't hurt if you presented the budget with more transparency and actually answer citizen's questions about our finances. Stated when the time comes to ask taxpayers to pony up for more debt, humility would go a long way in helping with this conversation. Council Member Cerullo stated this is the second week in a row that Ms. Racette has brought up concerns about the Fairfield Inn and asked if staff could address that. Mark Manning, Finance Director stated it is referred to as the WaterWalk Hotel Development and in 2010 the City Council approved a package which led to the construction of the Fairfield Inn or the WaterWalk Hotel Development, we issued debt for that project in 2014. Stated that debt and we provided this document, is in our official statement, which are public documents for Series 811 debt. Stated OS has a lot of detail in it but it lists every single project with that series of debt and in fact, lists the WaterWalk Hotel Development and the amount of debt we issued for that project. Stated we provided that document in the past, it does not refer to a particular individual because that is not the name of the project that we financed. Stated it is in fact in our public document and is in our OS and is in fact in the budget document, which very clearly shows the debt service for this debt, it is a transfer from the Transient Guest Tax fund to the Debt Service fund and again, it is not labeled on a particular individual nor is it even labeled for the project; it is labeled debt service and is the debt service for the debt incurred base on Series 811, consistent with the Council's direction in 2014. Stated the debt is not four million dollar, it is about 2.5 million. Stated it is true that the debt service over 20 years will total four million dollars. Vice Mayor Johnson stated it was said that the budget was released days apart from each other but when was this budget actually released to the public. Mark Manning, Finance Director stated July 20th, everything we do is dictated by state statute, the annual report is required to be provided to the state on June 30th, which is the reason it is released in late June, we usually present it to the Council a couple of weeks after that. Stated the budget is based on state statute, the date that we specifically release the budget has a little bit of flexibility but we try and release it as early as possible, which we did. Stated we could have released it later based on state statute. Stated there is not a statutory guideline on the CIP but we like to coordinate that with the budget documents and is why all those documents are released at the same time and to be frank, it is a huge burden on staff to produce all three of those at once, so we would love to space them out if we could but we follow state statute and cannot do that. Mayor Whipple stated decorum according to our code is to forego personalities and I enjoy a passionate debate, however, would ask that folks to not mention names unless that person is also here and has a chance to respond. Stated I cringe a little any time we make attacks against private citizens who aren't here and utilize this platform to do that. Stated it is technically a violation of decorum, I'm responsible for maintaining decorum and ask that we be courteous when it comes to framing individuals by name or private citizens who aren't elected as one way or another if they are not here to respond.  Page 5 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 2) Chet Sears stated I serve on the board for Habitat for Humanity and also serves on the Home Repair Committee and wants to bring something to your attention to help with the allocation of the 20 million dollars for community investment. Stated I have seen firsthand the dire need of a lot of our residents with home repairs that they have and require and some of which they can't afford. Stated in some cases when they do find out that Habitat or other organizations here in town do offer some services and we are asking that with the community investment that you have, that you would look at the funds that are invested into home repairs and be able to partner with some of the organizations that already do this and to break down some barriers and increase some funding. Stated we all know that home repair costs have increased substantially over the past year. 3) Jerry Schuler stated I am the program manager for Wichita Habitat for Humanity’s Home Repair Program. Stated I am here today to request that the rescue plan funds are allocated towards housing repairs in the Wichita area and is making this request based on the need for home repair, it is an urgent need here in Wichita. Stated the people we serve are elderly or disabled and who do not have enough money for those repairs. Stated we started taking applications for this new program in March 2020, we received interests from 280+ applicants over that period of time, we visited over 200 homes and has seen firsthand the repair needs that are facing our neighbors. Stated it is distressing to see some of the conditions that people are forced to live in because of a lack of resources to pay for extremely necessary repairs. Stated our Home Repair Program is fairly new but we have already committed over $361,000 to repair 24 homes in the last 18 months. Stated the average cost of repair is around $15,000, we have leveraged an additional $80,000 from other agencies and with some of our goals and those are not patchwork repairs. Stated we are trying to bring these houses up to a minimum housing quality standard similar to Section 8. Stated 70% of those clients that we serve are below 35% area median income (AMI) and 92% of those clients are below the 60% AMI. 4) Carl Dennett stated he is speaking for the Save Century II group and thinks we should have a public vote at the November election to vote whether to save the buildings or not. Stated they are on the historic registry and would like you guys to have some architects come down and have them tour the buildings with you guys so you will know what we are losing if these buildings are torn down. Stated I didn't see anything about maintaining the old library in the budget and noticed there is $250,000 a year from the transient tax for Century II but I don't see anything for maintaining the old library. Stated I don't know why we don't lease that building out and knows we are using it for the inoculations, we should lease that building out, it is a wonderful building and we would earn revenue to maintain its upkeep. Stated one thing we could do is rename the building instead of keep calling it the old library and the parking lot at Century II is getting really bad. Stated with the privatization of Century II, I would request that somehow we have that written into the contract that we would still be able to have KORA requests to find out what is going on with the building instead of just saying it is under contract and you can't find anything about what is going on. Stated the public comments on the privatization of Century II should be released in a statistical format so the comments would still be private but at least know the results of that comment period. Stated I also believe we should hire a City auditor and having this person hired directly by the City Council and have the organizational chart so that person is off to the side so it can be an independent auditor. Stated I am also recommending that we hire an assistant auditor so if the auditor leaves, we still have someone auditing. Vice Mayor Johnson asked staff if we are privatizing Century II. Bob Layton, City Manager stated no, we went through an RFP process to look at private management of the facility, the facility would remain in ownership by the City and will bring a recommendation to you on that in September.  Page 6 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 Mayor Whipple stated the model for private management of a public asset is comparable to what the current Arena is doing; is that a correct assessment? Bob Layton, City Manager stated that is correct. Mayor Whipple stated we did pass a policy that would call a public vote for if Century II or the classic library would be replaced, demolished or if anything was to happen to the structure, it will go to a public vote via the rules that the Council has passed. Stated if folks are concerned about having that come up for a vote and thinks it costs about $80,000 or more to have a public vote, so we will hold a vote if anything was to happen to those two buildings, we don't just have votes out there, it costs thousands of dollars and we don't want to confuse the citizens that these buildings are under immediate threat of being removed or replaced. Mayor Whipple stated George Theoharis is in attendance and wanted to speak on public safety, which is germane to the budget so if you do want to speak you could. 5) Theresa Cook stated I would like to share my thoughts with you on the budget and other issues. Stated I feel very discouraged because I feel like you have made the budget very difficult to understand. Stated it is multi-layered and requires a lot of time and energy to comprehend. Stated I feel that the majority of people won't take the time to look at it because it is so convoluted. Stated for anyone to even verbalize the thought of tearing down our iconic landmark Century II, is beyond my realm of understanding. Stated since the City has deferred maintenance on it for so many years, the people behind the River Front Legacy Master Plan and anyone else associated with the demolition of Century II, I feel would surely profit in a massive way for tearing it down. Stated I am in favor of restoring or upgrading Century II and understands the City wants to privatize Century II with contract management and I am not in favor of doing this. Stated it will be difficult to have transparency in regards to how the money is spent on upkeep and maintenance. Stated you have said that money from the Hotel Transient Guest Tax has been spent on maintenance and upkeep on Century II and I understand this is not true. Stated the Ice Rink Center has also been neglected for over nine years, the Figure Skating Club has asked repeatedly for repairs to be done and implore you to please have the family that has the contract for managing the Ice Rink Center, to have the repairs done and to please seek all options available to you, to have them pay the money that they owe you. Stated I have talked to several police officers and firemen and understand they are short staffed and would like to have updated facilities and police cars. Stated Fire Station 2 is very old and outdated and wants to see our fireman have additions and updates to the fire houses in the City's core. Stated our emergency personnel put their lives on the line for us every day and feels it is so important that we all continue to show them our respect and appreciation for their service. Stated please maintain all money allocated in the budget for police and fire. Stated I am appalled that you would agree to spend $350,000 for landscaping around Union Station when you all said no to spend $700 for sod around the statute of the Joan of Arc that is in front of the downtown library and that was given to the City of Wichita from the city of Orleans, France for liberating them from the Nazis and asked the Council if they would please honor and value our City's historical structures and history. Vice Mayor Johnson stated he appreciates the Finance Director's presentation and how he always work in answers from the public when presenting this to the Council and appreciates you and your team's work on this.  Page 7 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 Council Member Claycomb stated she wants to also echo a thanks to the Finance staff and asked Finance staff how they responded to people who submitted questions because we got some very long lists from last time. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Mark Manning, Finance Director stated we responded in a number of ways. Stated the easiest way to reach the Finance Department is through email and have in fact received several emails from citizens with quite a few questions and we have answered all of them and try and do that in a timely manner, three days. Stated we have responded to three or four emails with multiple questions, which we are happy to do. Council Member Claycomb asked what we are doing to maintain the former Central Library. Mark Manning, Finance Director stated the CIP has about 37 million dollars for building maintenance, we do not specifically itemize funding for every facility but we do have a million dollars a year set aside for City facilities, which is generally neighborhood city halls and park facilities and things of that nature. Stated that million dollars would be available if there were any maintenance needed to occur at the old library. Council Member Claycomb asked where the money comes from that we use to maintain Century II. Mark Manning, Finance Director stated Century II is maintained by Public Works right now and they have several staff assigned to that facility and it fluctuates a little bit but is generally in the area of eight positions and sometimes less. Stated those positions are funded from the general fund, each year when we review the results for Century II, the transient guest tax fund then typically subsidizes the general fund for any net loss. Stated technically the positions in Public Works are funded from the general fund but depending on whether Century II produces a surplus or not, which it doesn't, then the transient guest tax fund is used to subsidize those public works positions. Bob Layton, City Manager stated Council Member Claycomb asked a question about citizen inquiries, questions or comments they submit, whenever we respond to those we also copy the Council so that you have full information before you approve the budget. Mayor Whipple stated we would all benefit if there was more we could be doing to facilitate discussion about what is in the budget, how to find documentation, how to get good feedback and thinks we have done a better job this year because of the feedback we got last year on holding an evening meeting and extending the process out a little longer, which allowed us to have more back and forth through social media and other means. Stated if there is other advice that we could implement to get better input on what the priorities of the community are and opportunities to clear up any questions about the budget before we get to the end of the budget cycle to reach out to myself or to Vice Mayor Johnson. Stated I would be more than happy to start implementing these in the future because we want to make sure that we have participation in the budget process for more transparency. MOTION: Mayor Whipple moved to receive public comment on the 2022-2023 Proposed Budget and the 2022-2031 Proposed Capital Improvement Program. Motion carried 7 to 0.  Page 8 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 (Council Member Blubaugh momentarily left the bench) Council Member Cerullo stated the public speaker that we had, George Theoharis was told he was going to be fourth in line to speak and thought he had an extra few minutes, he did show up about five minutes late and thinks we should give him his five minutes to speak. MOTION: Council Member Cerullo moved to suspend the agenda for the time being and allow Mr. Theoharis to have his five minutes on the public agenda. Motion carried 6 to 0, (Absent: Blubaugh). (Mr. Theoharis’ comments are shown under public agenda) 2) OWNER’S ADVISOR AGREEMENT AND DESIGN PHASE REQUESTS FOR PROPOSAL FOR THE BIOLOGICAL NUTRIENT REMOVAL PROJECT. Attachment: Agenda Report No. VI-2.doc Attachment: RFP Design Plant 2.pdf Attachment: CO2 BNR Garver Owners Advisor.pdf Attachment: RFP BNR Design Plant 1.pdf Attachment: RFP BNR Design Collection System.pdf Bill Perkins, Public Works & Utilities Department, reviewed the item. Vice Mayor Johnson asked what the EDBE participation percentage is. Bill Perkins, Public Works & Utilities stated he believes it was ten percent. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to approve the change order to the Owner’s Advisor agreement with Garver, approve publication and advertising of the BNR program RFP’s, and authorize the necessary signatures. Motion carried 7 to 0. 3) SUPPLEMENTAL DESIGN AGREEMENT NO. 3 AND FUNDING FOR STRYKER MULTI-SPORT COMPLEX UPGRADE AND EXPANSION. (DISTRICT II) Attachment: Agenda Report No. VI-3.docx Attachment: Supplemental Agreement No. 3 Stryker.pdf Gary Janzen, Department of Engineering, presented the item. Council Member Tuttle stated Stryker is an amazing amenity in our community not only for the sports aspect but you see so much activity using our hotels, retail and restaurants and is very excited to have it in  Page 9 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 our City. Stated because of the size of the fiscal amendment for this, is there an option to solicit proposals outside of the one that we've worked with for the original design? Gary Janzen, Engineering Department, stated there certainly is, we could put out a solicitation request proposals that would be based on qualifications. Stated if we do that, I would estimate that it is probably going to add two months to the completion time and that is probably at a minimum. Stated by the time we go through preparing the proposal, which we can do pretty quick and get on the streets because we have a good head start on knowing what the improvements need to look like and by the time we go through evaluating proposals to select a consultant, will add at least two months. Stated one of the challenges with that is for the proposed recommendation we think we can be done by the end of March. Stated that works well because the spring season starts March 1st, construction will have a lot less impact on al of the events at the facility as well as the users. Stated adding two months to that is going to be a challenge as far as how we go about planning for construction but it can be done and is certainly an option. Council Member Tuttle asked if there is a way we could help expedite the process. Gary Janzen, Engineering Department stated I think so, the proposed improvements today there are things that we would have liked to have done before and were mostly not done because of budget but also with the success that the complex has seen and the opportunity for those larger events, it presents this opportunity now to add the facilities that we are looking at. Stated we have been thinking about this and thinks we could put a scope of work together pretty quickly and hopefully have a solicitation on the street soon and we would do everything we could to get it out on the street next week. Stated typically working with Purchasing, we look at the size of the project and the complexity of the design work to be done and we try to use our best judgement on how long the proposal should be out and would work with them to try and minimize this because with modifications to two existing facilities and the other one being fairly clean on the design and standalone that vendors could turn this around pretty fast. Stated I do think we could work really hard to expedite this process. Council Member Cerullo stated I believe the question was asked yesterday by a member of the media, why didn't we do an RFP from the get go on this and asked staff if that can be answered. Gary Janzen, Engineering Department stated what we are proposing today is that this would be our recommendation probably the majority of time because the NKC Design team designed every single aspect of the improved facility including the areas that we recommend to be improved with this proposal today. Stated we look at the cost of the supplemental agreement is less than one half of one percent of the original contract amount, which there is no threshold for that. Stated their proposed fee is approximately 10 to 12% of the estimated construction cost, which is well within industry standards and what we would expect. Stated we have a very intimate knowledge of the facility, they can provide some continuity. Stated it is not practical to think that another designer could come and do anything really different or quicker but that is an option. Stated from a practical standpoint we have done this before and would recommend that it be done again just from the standpoint that they have designed all the facilities already that are completed and this is an expansion of the same. Council Member Cerullo stated in your opinion, if we did an RFP, do you believe that there would be another company that would be able to do the work as good and know the job as well? Gary Janzen, Engineering Department stated there are some good engineering and architectural firms out there and absolutely thinks there are other firms that can do the work. Stated from a timing standpoint and from a cost standpoint, it would be hard to think that anybody else could match either one of those but we  Page 10 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 have done this before and have been surprised by what we have seen. Stated what has happened in the past is that other firms don't even want to look at it because of the intimate knowledge that this design team has and the specifics I talked about, it is going to take anybody else a lot more time to catch up. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Council Member Tuttle stated I believe that the service provider we've had did an amazing job, it’s a great facility and thinks that one of the things that this Council has really strived to do is be transparent and to make sure that we are being consistent in that and has a concern that not opening it up and seeing if there are other entities within our community that might want to submit an RFP, could be problematic and going against what goals we have strived for, to be consistent and transparent. MOTION: Council Member Tuttle moved to approve the revised budget and direct staff to follow an expedited RFP process for design services. Motion carried 7 to 0. 4) VOLTUS DISTRIBUTED ENERGY RESOURCE AGREEMENT. Attachment: Agenda Report No. VI-4.docx Attachment: Voltus Agreement 6-29-2021.pdf Laura Quick, Public Works & Utilities Department, reviewed the item. Council Member Frye stated regarding the no risk for non-performance, once we receive a dispatch do we still have full operational control and can get out of it at any time. Laura Quick, Public Works & Utilities stated yes whether we start it or not we can still put ourselves back on grid power at any time. Council Member Frye stated I just want to make sure that there are some limits there as to how long that varies and we still have that going. Vice Mayor Johnson asked if they can shift us to generator power; they have the ability to do that? Laura Quick, Public Works & Utilities stated that is what the programming will set it up for. Stated we only have 10 minutes to respond to a dispatch so we are going to set up the programming that allows Voltus to trigger that switch to generator power. Stated we have the ability to both take ourselves off of that so even if a dispatch comes through it won't go anywhere, it just a dry contact, an electrical signal that comes in, they are not connected to our system. Stated we can take ourselves off of the ability to do that by flipping a switch, if it is triggered we can take ourselves back out of that at any time even if it is already started. Mayor Whipple asked if anyone from the audience wished to speak. 1) Kent Rowe stated I have some questions on the ability to start up and shut down with the grid and asked if this is a seamless type of startup, is it capable of what is called a black start on grid because these  Page 11 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 have been problems with these generators. Stated does it take time and digitization of controllers that this can be a problem. Laura Quick, Public Works & Utilities stated it is a seamless transition and the question we discussed while vetting this out is do we have closed transfers which we do and we have the controls in place already that allows for seamless transition. MOTION: Mayor Whipple moved to approve the agreement and authorize the necessary signatures. Motion carried 7 to 0. 5) QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED JUNE 30, 2021. Attachment: Agenda Report No. VI-5.doc Mark Manning, Finance Director, presented the item. (Council Member Blubaugh momentarily left bench) Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. MOTION: Mayor Whipple moved to receive and file the Quarterly Financial Report for the quarter ended June 30, 2021. Motion carried 7 to 0. 6) 2021 COMMUNITY SERVICES BLOCK GRANT – HEALTH SERVICES CONTRACT. Attachment: Agenda Report No. VI-6.doc Attachment: 2021-22 Project Access Contract attachment.doc Sally Stang, Housing and Community Services Department, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Council Member Claycomb stated this is a really worthwhile program that the City supports and is a true example of leveraging a partnership when you look at the City provides $200,000 a year and four million dollars since September 1999 and the program has served over 14,000 individuals, that is the real power of leveraging City resources while working with the social service providers and thanked staff for her work and Project Access for the work that they do. Mayor Whipple stated I believe there is 11 million dollars that went to help folks with prescription drugs, 55 million donated services for dental care and over 1,100 doctors who participated in this program, which seems to be quite a success.  Page 12 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 MOTION: Mayor Whipple moved to approve the 2021 Community Services Block Grant Health Services Contract with Project Access and authorize the necessary signatures. Motion carried 7 to 0. 7) ORDINANCE CREATING SUSTAINABILITY INTEGRATION BOARD. Attachment: Agenda Report No. VI-7.docx Attachment: Ordinance 51-625 Penny Feist, Public Works & Utilities Department, presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Mayor Whipple asked if anyone from the public wished to speak. 1) Jane Byrnes stated I am joyous to see this Sustainability Board on your agenda today. Stated climate is an emergency, last month was the hottest month ever on the planet. Stated around the world are billion dollar devastating storms, floods, fires and droughts. Stated we in Wichita have so far escaped the most horrible affects but nevertheless, all of us are part of the problem and must and can be part of the solution. Stated thank you for this beginning to set robust targets, take effective action and begin Wichita's part to credibly progress toward limiting global warming to 1.5 degrees centigrade. Stated I have some suggestions to improve this first draft of an ordinance: a clear name, call this a Climate Action Plan; a tighter more meaningful statement of purpose; a primary goal to replace fossil fuels with renewable energy; secondary goals such as land management, water quality, food systems, fewer new highways, more trees and greenspaces, and community recycling; a budget, without a budget staff and volunteers must limit their effort and time; an urgent productive timeline, the sustainability or climate action board should be appointed shortly and begin meeting next month and should meet every month to devise a meaningful Wichita plan; diversity of members; civic engagement; transparency; and accountability. Stated I made a number of suggestions but we can do better at some of the informed motivated grassroots folks you have seen in the past six months would be happy and skillful to help revise this ordinance. Bob Layton, City Manager stated I think a majority of the comments that we just received that are in align to what we recommended from a staff standpoint including the timeline. Stated there were a couple of items that we thought would be better addressed by the new board. Stated one was a clearer statement, also the definition of goals and the budget and we felt that when you bring together the people that are recommended to be part of this, they would be in a better position to be able to determine direction and purpose and is why we have the language that we do, recognizing it will be modified by the group of experts when they get together. 2) Michael McCorkle stated this is my sixth monthly public statement urging the City Council to develop an independent sustainability board to address the climate change emergency threatening the future. Stated last month I quoted from the latest United Nations Inter-governmental Panel on climate change report, which warned about "dire consequences stemming from decades of unbridled carbon pollution that are unavoidable in the short-term which will affect our children's and grandchildren's lives much more than our own." Stated during this past six months many of you seemed to be too busy to give your undivided attention to our public input statements, all of you should read the latest IPCC reports summary. Stated after our second public input in April, WSU's Environmental Finance Center was contracted to study this issue. Stated I think the EFC's confirmation that our grassroots request for the  Page 13 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 establishment of an independent sustainability board is in fact an idea meriting City Council action; however, this draft ordinance as it is today reads exactly like you would expect from the city ranked 99th out of the 100 largest US cities and this ordinance as it is, and what it can be, brings us to this historical juncture today. Stated can we not work together in a transparent effort for a stronger ordinance that is meaningful and useful, not in this vaguely worded effort to silence the feared demand for responsible stewardship in the shadow of imminent climate change. Stated this should be an election issue. Stated this part of the Midwest has been lucky considering the global consequences of climate change thus far but no city anywhere in the world will long be an island of stable weather because of accelerating climate change that is soberly described in the latest UN report. Stated this City Council's record on climate change has prioritized development and excessive spending on highways rather than investments in quality of life issues that benefit all citizens that will also keep Wichita's youth from leaving, which is a real concern for Wichita's future. Stated as poor as this City Council's record on climate change has been, there is a silver lining if this Council has the courage to act. Stated Wichita scored with only slightly worse than many other cities in our region, which means if Wichita picks the right clean energies to support and grow in Wichita, doing so could produce new clean energy supply change jobs. Stated this ordinance as it reads now does not represent transformational change, this proposed ordinance for a sustainability integration board defines its purpose as "to champion environmentally sound practices fostering the City's long-term livability and economic vitality." Stated what does that mean in terms of goals, objectives, metrics, budget or support; please invite public input to revise this draft ordinance. Stated I encourage all concerned citizens to contact their City Council members to urge their representative's active involvement in this critical issue. Mayor Whipple asked staff if anyone from the folks who come and speak to us about them wanting to create a sustainability board reach out to staff and ask to be involved with this ordinance and if so, were they permitted. Bob Layton, City Manager stated not exactly, they stated their desire to have a board put together and as I mentioned in the past, we looked at best practices around the country and this model seemed to fit. Stated I thought it fit the requests from the group and that is to have knowledgeable people seriously considering policy objectives going forward on addressing sustainability and climate issues. Mayor Whipple stated just to clarify, this comes from a third party and is the direct able standard on how these board typically are formed. Bob Layton, City Manager stated the Environmental Finance Center gave us several models to look at and this is the one that seemed to make the most sense for us in terms of reviewing policy but also coming up with tangible implementation plans, which I think has been part of the concern of residents who have spoken in the past. Mayor Whipple stated I want to encourage anyone who actually wants to meet to reach out and have a meeting with the Council or with myself. Stated I have heard lots of folks who have come forward and said we want a sustainability board and then I haven't heard anything during the week or later about getting into specifics and thinks that we came into today thinking we were delivering on the request of the people who came which is to start a board and bring people together who have expertise so that we can continue our progress of sustainability at the City level. Stated if we have come up short for any of the activists who have been here, please meet with us so that we can work on ensuring that the product that comes out of this is one that is more reflective of the values of the community.  Page 14 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 Council Member Frye stated I understand what you are saying and to a point I agree, there have been advocates in front of this body for months asking for this action and when we have had three other boards that we have implemented in the last year, we have had multiple opportunities for public to see those drafts and weigh in and to present this draft ordinance for the first time to this group, and expect to pass it; I think is a little too soon. Stated we heard some comments today from a couple of speakers asking for additional input and agrees with the Manager that some of this should be decided by the board but I think there are some things related to membership makeup, meeting schedule, and the name and thinks it bears merit that we should have a little bit more discussion from the community advocates now they have seen this draft ordinance and thinks maybe a week's worth of time would be enough. Stated I understand their desire to see this quicker rather than later but thinks this is one that we could afford at least one more week of input from the public and would ask that we defer this for at least one week t buy more input from the public. MOTION: Council Member Frye moved to defer to defer for one week and bring this back on next week's council. Bob Layton, City Manager stated I think you would be deferring until September 7th. Stated we are limiting the new business items that the Council has for the 24th meeting. Council Member Frye stated I understood an action item would be to make next week a full regular agenda. Bob Layton, City Manager stated we have only scheduled two items for that agenda trying to limit. Mayor Whipple stated clarification for the maker of the motion, is the motion for September 7th to bring this on the agenda. Council Member Frye stated yes, I am comfortable with that and will revise my motion. REVISED MOTION: Council Member Frye moved to defer until September 7th. 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 COUNCIL AGENDA  Page 15 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 X) COUNCIL MEMBER AGENDA 1.) CHANGE IN COUNCIL MEETING SCHEDULE. Attachment: Agenda Report No. X-1.doc Mayor Whipple stated this change is to add a final budget hearing. Bob Layton, City Manager stated you scheduled a fourth hearing and it comes on what would normally be your consent agenda, so in order for us to be able to formally schedule the year review of the budget and adoption, we need the Council to approve the resolution changing the Council Meeting. Council Member Frye asked if there is still a workshop scheduled following this regarding fireworks. Bob Layton, City Manager stated yes. MOTION: Mayor Whipple moved to approve changing the Council meeting schedule to make the August 24, 2021 Consent Council Meeting a Regular Council Meeting. Motion carried 7 to 0. 2) MUNICIPAL COURT JUDICIAL APPOINTMENTS. Attachment: Agenda Report No. X-2.docx Nathan Emmorey, Municipal Court, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward. Council Member Frye stated I have had the honor of serving on the evaluation committee for a few years now and can say as a City we are blessed to have four judges that by all accounts are professional, dedicated to their job and served us very well during this struggle and the demands put on them during the COVID year. Stated it is especially gratifying to see the surveys come back as strong as they did and the self-evaluations from those judges as well. Stated they recognize the challenges and did their job and are very dedicated and professional. MOTION: Council Member Frye moved to reappoint all four court Municipal Court Judges to a four-year term and to receive a salary increase consistent with that given to exempt City of Wichita employees retroactive to January 9, 2021. Motion carried 7 to 0. 3) APPOINTMENT OF MUNICIPAL COURT JUDGE. Attachment: Agenda Report No. X-3.docx Nathan Emmorey, Municipal Court, presented the item. Mayor Whipple asked if anyone from the audience wished to speak, no one came forward.  Page 16 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 Council Member Frye thanked the nomination committee for vetting candidates for us. Stated I thought we had three highly skilled individuals for consideration, it was a tough decision but was pleased to see one candidate rise to the top. Mayor Whipple stated the candidates were not only well experienced but also thinks all of them would make great judges. Stated the consensus defaults on one particular candidate. MOTION: Mayor Whipple moved to appoint Sarah Green to the Municipal Court Judge appointment. Motion carried 7 to 0. XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Cerullo appointed Gary Schmidt to the Land Bank Board of Trustees. MOTION: Mayor Whipple moved to approve the appointment. Motion carried 7 to 0. Vice Mayor Johnson stated I want to explain something and realize there might be some questions about my abstentions this year. Stated earlier this year my spouse was named the new Executive Director of Wichita Habitat for Humanity and I feel it is my duty to state that potential conflict of interest to those I represent in this City as my spouse is the Executive Director for the local Habitat for Humanity, I acknowledge a potential conflict of interest and will abstain from participating in the discussion of and voting on any matter pertaining to housing, urban development funding and/or partnerships that may become before the Wichita City Council that could benefit Habitat for Humanity, its officers or staff in addition to taking the aforementioned action going forward, I have also abstained from similar votes since April of this year. Mayor Whipple stated I would like to thank the Urban League for scheduling the softball game that myself and the Vice Mayor are going to play on opposite teams. Stated we do enjoy the fellowship and appreciates the work of the Urban League. 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 11:45 a.m. and end at noon. The meeting will resume in the Council Chambers. Motion carried 7 to 0.  Page 17 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 RECONVENE The City Council reconvened in the Council Chambers at noon. MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 6 to 0, (Absent: Blubaugh). ADJOURNMENT The meeting was adjourned at 12:01 p.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 18 CITY COUNCIL PROCEEDINGS AUGUST 17, 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 17, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 08-17-21.pdf b.) Preliminary Estimates for Sanitary Sewer Improvements to Serve Boulevard East Addition. Attachment: Boulevard East Cover Sheet Template.doc Attachment: Boulevard East PE Template NTBA.doc c.) Preliminary Estimates for a Right Turn Decel Lane to Serve NewSpring Commercial Addition. Attachment: NTBA PE Right Turn Decel Ln NewSpring Commercial Addition Cover Sheet.doc Attachment: NTBA PE Right Turn Decel Ln NewSpring Commercial PE.doc 3) Change Orders: a.) Change Order No. 2 and Change Order Limit Adjustment for 2021 Outsourced Pavement Preservation Program Street Repairs Phase 2. Attachment: Agenda Report No. II-3a.docx Attachment: CO #2 2021 OP3 CIP Street Repairs PH 2.pdf Attachment: Resolution 21-299 b.) Change Order No. 3 for Sycamore, Douglas Avenue to McLean Boulevard. (District VI) Attachment: Agenda Report No. II-3b.docx Attachment: CO #3 Sycamore Douglas to McLean.pdf 4) Minutes of Advisory Boards/Commissions: Library Monthly Activity Report July 2021 MABCD Board of Appeals, July 1, 2021  Page 19 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 Board of Building Code Standards and Appeals, July 12, 2021 Library Board of Directors, July 20, 2021 Attachment: Library Monthly Activity Report July 2021.pdf Attachment: MABCD Board of Appeals, July 1, 2021.pdf Attachment: Board of Building Code Standards and Appeals, July 12, 2021.pdf Attachment: Library Board of Directors, July 20, 2021.pdf 5) Repair or Removal of Dangerous and Unsafe Structures: a.) Repair or Removal of Dangerous and Unsafe Structures. (Districts I and III) Attachment: Agenda Report No. II-5a.docx Attachment: Consent Supporting Documents.docx Attachment: Resolutions 21-300 through 21-307.docx UNCATEGORIZED ITEMS: 6.) Community Events – Wichita Pride Festival. (District I) Attachment: Agenda Report No. II-6.docx 7.) Lease of City-owned Land in the 100 Block of North Mosley Avenue. (District VI) Attachment: Agenda Report No. II-7.doc Attachment: RCB Lease.pdf Attachment: River City - Site Concept C.pdf 8.) Studios at HumanKind; Conditional Waivers. Attachment: Agenda Report No. II-8 9) Second Reading Ordinances: List of Second Reading Ordinances (first read August 10, 2021) Attachment: List of Second Reading Ordinances 08-17-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE  Page 20 CITY COUNCIL PROCEEDINGS AUGUST 17, 2021 II) CONSENT AIRPORT AGENDA ITEMS - NONE