City Council Meetings

Page1 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 14, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Johnson, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Mayor Whipple absent with prior notice. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Vice Mayor Johnson called the meeting to order at 9:00 a.m. (Council Member Blubaugh momentarily left the bench) Approve the minutes of regular meeting on September 7, 2021. MOTION: Vice Mayor Johnson moved to approve the minutes of regular meeting on September 7, 2021. Motion carried 5 to 0, (Absent: Blubaugh, Whipple). Proclamation - Constitution Week Vice Mayor Johnson read aloud and presented the proclamation for Constitution Week. I) PUBLIC AGENDA - NONE II) CONSENT AGENDA ITEMS 1 THROUGH 17 MOTION: Vice Mayor Johnson moved to approve consent agenda items 1 through 17 in accordance with the recommended actions shown thereon. Motion carried 6 to 0, (Absent: Whipple). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts dated September 13, 2021. Attachment: 09-13-2021 Board of Bids.pdf Hannah Lang, Finance Department, presented the item.  Page2 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 MOTION: Vice Mayor Johnson moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). IV) PETITIONS FOR PUBLIC IMPROVEMENTS 1.) Petitions for Public Improvements. Attachment: PFPI.docx Attachment: WDS, SS SWD, PV Buena Vista.pdf Attachment: Resolution 21-356 (026932).docx Attachment: Resolution 21-357 (085485).docx Attachment: Resolution 21-358 (026933).docx Attachment: Resolution 21-359 (085749).docx Gary Janzen, Public Works Engineering, presented the item. MOTION: Vice Mayor Johnson moved to approve the new petitions and budgets, adopt the resolutions, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING AND REQUEST FOR LETTER OF INTENT FOR HEALTHCARE FACILITIES REVENUE BONDS, PRESBYTERIAN MANORS, INC. (DISTRICTS I AND VI) Attachment: Agenda Report No. VI-1.doc Attachment: Application.pdf Attachment: Resolution No. 21-360 Tim Goodpasture, Office of Economic Development, presented the item. Vice Mayor Johnson asked for comments from the public, none were received. Council Member Claycomb stated last week I was able to tour the Presbyterian Manor campus here in Wichita and it is an impressive facility and thanked Presbyterian Manor for continuing to invest in our community.  Page3 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 MOTION: Council Member Claycomb moved to close the public hearing, adopt the Resolution of Intent and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 2.) PUBLIC HEARING AND RESOLUTION OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS, SHARPLINE INVESTING, LLC – SHARPLINE CONVERTING, INC. (DISTRICT IV) Attachment: Agenda Report No. VI-2.docx Attachment: 2021 IRB Wichita (c-1) Request for Authorization to Issue Bonds Attachment: Resolution 21-345 Tim Goodpasture, Office of Economic Development, presented the item. Vice Mayor Johnson asked for comments from the public, none were received. Council Member Blubaugh thanked everyone at Sharpline. Stated I appreciated working with you guys the last several months and the tour of the facility and showing us the growth of the company and is a major employer out there in west Wichita and appreciates your contributions to the City. MOTION: Council Member Blubaugh moved to close the public hearing, adopt the Resolution and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 3.) BOND AND NOTE SALE. Attachment: Agenda Report No. VI-3.doc Attachment: Parity info for Council.pdf Attachment: Ordinance 51-638 Attachment: Resolution No. 21-346 Attachment: Resolution No. 21-347 Attachment: Resolution No. 21-348 Mark Manning, Finance Director, presented the item. Vice Mayor Johnson asked for comments from the public, none were received.  Page4 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 MOTION: Vice Mayor Johnson moved to ratify the award of the bids by the City Manager for each series of bonds and notes; adopt the Bond Ordinances on a Declaration of Emergency basis; adopt the Bond and Note Resolutions and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 4.) APPROVAL OF LETTER OF INTENT FOR GRANT APPLICATION-CALFSKIN CREEK WATERSHED. Attachment: Agenda Report No. VI-4.docx Attachment: Letter of Intent.doc Don Henry, Public Works & Utilities, presented the item. Vice Mayor Johnson asked if removing this much property from the floodplain that would save a lot of folks a lot of flood insurance and would no longer be required to pay for that if this was done. Don Henry, Public Works & Utilities stated correct that 458 acres includes a number of acres that are currently undeveloped and that are problematic for development because of the flooding, so that would become developable. Stated a number of existing structures and homes that are in the floodplain, once those come out they would no longer have to purchase flood insurance. Council Member Blubaugh stated it looks like the funding is a little bit limited this year on the federal scope. Stated if we go forward and do the necessary pre-work, it's not wasted and we can utilize that to apply again? Don Henry, Public Works & Utilities stated that is correct. Stated it is expected that this program will remain funded in future years and we would learn from this process, similar to what we did with WIFIA. Vice Mayor Johnson asked for comments from the public, none were received. Council Member Frye thanked staff for bringing this idea forward. Stated Council Member Blubaugh and I have been dealing with flooding in the Calfskin basin our entire time on the bench and Council Member's before us have been dealing with this. Stated as west Wichita continues to grow, having this opportunity to potentially get nearly 500 acres out of the floodplain and allow it to be developable is certainly going to be a boom to the City's growth. Council Member Blubaugh stated echoes Council Member Frye's comments. Stated we both have been working on this before we were elected. Stated this has been a major constituent concern all the way back from the 2000 Halloween flood and previous and is something we continue to hear about and it is great that we have the opportunity to make this property developable because it is a great west location and around an area that really wants to grow for our City. Stated if we could get this approved it would do a lot for west Wichita. MOTION: Council Member Blubaugh moved to authorize staff to submit the LOI and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple).  Page5 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 5.) ASSISTANCE AGREEMENT FOR THE UNITED STATES BUREAU OF RECLAMATION. Attachment: Agenda Report No. VI-5.docx Attachment: Resolution 21-349 Attachment: Draft Agreement Don Henry, Public Works & Utilities, presented the item. Vice Mayor Johnson asked for comments from the public, none were received. Bob Layton, City Manager stated we had a number of partners to get to this point and are hopeful in terms of getting additional funding for the ASR in the future. Stated Council deserves a lot of credit for continuing to lobby for this project, we should thank Congressman Estes and Senator Moran and their offices for making sure that we had appropriation for this project and thanked BOR who has worked really closely with us and staff for the many meetings they had with BOR to make sure we were consistent with their intent. MOTION: Vice Mayor Johnson moved to approve the Assistance Agreement, adopt the resolution, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple). 6.) FUNDING FOR PLANEVIEW WATER MAIN REPLACEMENTS. (DISTRICT III) Attachment: Agenda Report No. VI-6.doc Attachment: Resolution No. 21-350 Attachment: Resolution No. 21-351 Attachment: NOI 21-350 Attachment: NOI 21-351 Gary Janzen, Public Works Engineering, presented the item. Vice Mayor Johnson asked for comments from the public, none were received. Council Member Cerullo stated hopefully we can get this done more quickly than it has been going. Stated it is going to be a little bit of a hardship for those folks that live in that area but once it is done it will be much better. MOTION: Council Member Cerullo moved to approve the revised budget, including the use of project savings by waiving the applicable policy, adopt the amending resolutions and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Whipple).  Page6 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 7.) REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE. (DISTRICT I) Attachment: Agenda Report No. VI-7.docx Attachment: Writeups.docx Attachment: Summary Table Spreadsheet.xlsx KaLyn Nethercott, MABCD, presented the item for the property located at 1227 N. Spruce Avenue. Devon Ponze, property owner stated I am currently working on the property at 1227 N. Spruce. Stated I have two contractors doing the electrical work and the plumbing just got done. Stated I am slowly moving along with the property due to money, pandemic the cost of wood and now it is time for me to get the property going again. Stated now that I have had money and steps to getting the property to where I can have people come in and work on it, we should be getting closer to finishing up the project. Vice Mayor Johnson stated I am glad to hear that you are making progress and actively working on it and staying in contact with staff and asked what would be the time frame for getting the $555 in delinquent taxes paid. Devon Ponze stated the next 60 days. Vice Mayor Johnson stated do you have a timeframe on how long it will take you to complete all of the repairs that were presented to you. Devon Ponze stated 90 days. Council Member Blubaugh asked if this is going to be a primary residence for him or an investment. Devon Ponze stated it could be either. Council Member Blubaugh stated you don't know if you intend to move into it. Devon Ponze stated not right now. Stated it depends on my family issues. Council Member Blubaugh stated are you fixing it up for somebody in your family. Devon Ponze stated no, if I do it would be to rent out to or give to some kind of charity like the House of Hope because it is right by a park. Stated anything that someone might want to invest in. Vice Mayor Johnson stated I have driven by there a couple of times and appreciates that property looks better than a lot of properties that comes before us. Stated you said 90 days but we are getting into winter and asked if maybe 120 days would be better for you. Devon Ponze stated yes, if I could get that. Vice Mayor Johnson asked staff if she thinks four months could work with everything that you have given Mr. Ponze.  Page7 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 KaLyn Nethercott, MABCD stated I believe so. Stated he has indicated that is a workable timeline. Stated my only question for the Council being based on whatever decision you make, if you want it to come back to Council or remain at the staff level for further action. Council Member Cerullo stated I would request that it come back to the Council. Vice Mayor Johnson stated I don't mind that and will make that a part of my motion. MOTION: Vice Mayor Johnson moved to close the public hearing, adopt the resolution declaring the building to be a dangerous and unsafe structure, and allow the applicant 120 days to repair the structure or remove the structure, subject to all taxes being paid as of November 14, 2021 and that the structure has been secured as of September 14, 2021 and will continue to be secured and that the premises are mowed and free of debris as of September 14, 2021 and will be so maintained during renovation and that this item comes back to Council after 120 days for review. Motion carried 6 to 0, (Absent: Whipple). 8.) TEMPORARY EMPLOYEES PROFESSIONAL SERVICES CONTRACT AMENDMENT. Attachment: Agenda Report No. VI-8.rtf Attachment: Contract Chris Bezruki, HR Director, presented the item. Vice Mayor Johnson asked for comments from the public, none were received. Vice Mayor Johnson stated it says in here that sometimes temporary employees transition to permanent employees; does that happen at a high percentage rate or a low percentage rate. Chris Bezruki, HR Director stated this is a very unusual time and in the past I would say that it did transition at a higher rate than it is now. Stated we are having a hard time keeping employees engaged as well as the employment services operations. MOTION: Vice Mayor Johnson moved to approve the contract amendment and authorize all necessary signatures. Motion carried 6 to 0, (Absent: Whipple). COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA - NONE HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA  Page8 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 IX) NON-CONSENT AIRPORT AGENDA - NONE COUNCIL AGENDA X) COUNCIL MEMBER AGENDA 1.) Approval of travel for Mayor Brandon Whipple to attend with McConnell Air Force Base to Travis Air Force Base, Fairfield, California, September 13-15, 2021. Council Member Cerullo stated this the first I have learned of this travel and I have no idea what this item is and would like some sort of an explanation. Bob Layton, City Manager stated annually McConnell Air Unit invites community representatives to do a refueling mission with them. Stated it used to be a one day operation and thinks it is now a multiple day operation. Stated they talk about issues that are important to the base as well as getting to see the refueling operation. Stated the Mayor is going this year, some of the Council Members have been previously as well. Vice Mayor Johnson stated when it was one day I went and we flew over New Mexico and came back, but it wasn't multiple days. Council Member Blubaugh asked if this was an economic development trip or a refueling mission. Bob Layton, City Manager stated since I went on it and over the last few years, they have expanded what they do so I can't tell you if there are additional components. Stated I do know now that it is an overnight stay, I don't know what they do during that overnight stay. MOTION: Vice Mayor Johnson moved to approve the travel. Council Member Cerullo stated I am still not clear, is there a cost that we are approving; what is it exactly that we are approving, just for giving him permission to go to California with McConnell AFB? Bob Layton, City Manager stated we haven't had one of these in a long period of time because there hasn't been in Council related travel during the COVID period. Stated the Council has a policy that any time a Council Member or the Mayor leaves out of town on City-related business, it has to be approved by the Council. Stated this was not brought to you in advance due to probably an administrative oversight, it is coming as he is on the trip now. Stated even if there are no City resources involved, your current policy requires it to come to the bench for approval. Motion carried 6 to 0, (Absent: Whipple).  Page9 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Council Member Tuttle appointed Lacretia Taylor for the District 2 Ethics Advisory Board representative. MOTION: Vice Mayor Johnson moved to approve the appointment. Motion carried 6 to 0, (Absent: Whipple). ADJOURNMENT MOTION: Vice Mayor Johnson moved to adjourn. Motion carried 6 to 0, (Absent: Whipple). The meeting was adjourned at 10:08 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page10 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 17 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses: a.) Application for Licenses. Attachment: Applications for Licenses Sept 14, 2021.docx 2) Applications for Licenses for Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages. Attachment: CMBs for Sept 14, 2021.docx 3) Preliminary Estimates: a.) Preliminary Estimates for Sanitary Sewer Improvements to Serve Boulevard. Attachment: Boulevard East Cover Sheet.doc Attachment: Boulevard East PE Template NTBA.doc 4) Change Orders: a.) Change Order No. 1 and Change Order Limit Adjustment for Improvements to Southeast Pump Station Standby Power Generation. Attachment: Agenda Report No. II-4a.docx Attachment: Resolution No. 21-352 Attachment: CO No. 1.pdf b.) Change Order No. 2 for Improvements to R.F. Addition. (District II) Attachment: Agenda Report No. II-4b.docx Attachment: Change Order No. 2.docx c.) Change Order No. 5 for Improvements to Greenwich Road from Harry Street to Pawnee Avenue. (District II) Attachment: Agenda Report No. II-4c.docx Attachment: Change Order No. 5.docx  Page11 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 UNCATEGORIZED ITEMS: 5.) Loan Agreement for Artwork between Fidelity Bank and City of Wichita. (District I) Attachment: Agenda Report No. II-5.docx Attachment: Loan Agreement-2021 6.) Wichita River Festival Resolution - Community Event with Alcohol Consumption. (Districts I and VI) Attachment: Agenda Report No. II-6.docx Attachment: TED Map.pdf Attachment: TED Resolution 21-353 7.) Community Event with Alcohol Consumption – Autumn and Art. (District II) Attachment: Agenda Report No. II-7.docx Attachment: Map Area North .pdf Attachment: Map Area South.pdf Attachment: Resolution 21-354 8.) Community Events – Art and Ale. (District VI) Attachment: Agenda Report No. II-8.docx 9.) Project HOPE BCJI Grant Subrecipient Agreement with Newman University. Attachment: Agenda Report No. II-9.doc Attachment: Agreement.pdf 10.) August 2021 Monthly Report for City Council. Attachment: August 2021 Monthly Report for City Council.pdf 11.) 2022 Federal Bureau of Investigation (FBI) and Greater Kansas City Human Trafficking Task Force (HTTF). Attachment: Agenda Report No. II-11.docx Attachment: Notice of Limits FY22.pdf  Page12 CITY COUNCIL PROCEEDINGS SEPTEMBER 14, 2021 12.) 2022 Federal Bureau of Investigation (FBI) and Kansas City Metropolitan Safe Streets Task Force (SSTF). Attachment: Agenda Report No. II-12.docx Attachment: Notice of Limits FY22.pdf 13.) 2022 Victims of Crime Act (VOCA) Continuation Grant. Attachment: Agenda Report No. II-13.doc 14.) Consent to Leasehold Mortgage and Pledge of Bonds - Industrial Revenue Bonds, One Twenty South Main, LLC. (District I) Attachment: Agenda Report No. II-14.docx Attachment: Resolution No. 21-355 15.) Visit Wichita Monthly Reports. Attachment: Visit Wichita TGT Reporting 7.2021.pdf Attachment: Q2 2021 Performance Report.pdf 16) Second Reading Ordinances: List of Second Reading Ordinances (first read September 7, 2021) Attachment: List of Second Reading Ordinances 09-14-2021.docx CONSENT PLANNING AGENDA ITEMS 17.) VAC2021-00027 – City Request to Vacate a Portion of a Platted Front Yard Setback on Limited Commercial (LC) Zoned Property; Generally Located South of East Central Avenue on the East Side of North Greenwich Road. (District II) Attachment: Agenda Report No. II-17.docx Attachment: Vacation Order.docx Attachment: MAPC Minutes Excerpt.docx Attachment: Supporting Documents.pdf CONSENT HOUSING AGENDA ITEMS - NONE CONSENT AIRPORT AGENDA ITEMS - NONE