City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 28, 2021 Tuesday, 09:30 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: Robert Layton, City Manager, Jennifer Magana, Director of Law, and Jamie Buster, Deputy City Clerk. Mayor Whipple called the meeting to order at 9:31 a.m. Approve the minutes of regular meeting on September 21, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on September 21, 2021. Motion carried 7 to 0. II) CONSENT AGENDA ITEMS 1 THROUGH 14 MOTION: Mayor Whipple moved to approve Consent Agenda items 1 through 14, with the exception of items 13, 10, and 11, in accordance with the recommended actions shown thereon. Motion carried 7 to 0. Council Member Frye stated last week was the first reading on the ordinance related to street racing. Stated he received several concerns from the public about innocent parties being accused of spectating. Stated he has asked Legal to weigh in on it and that they have made an amendment to exempt the person who happens to witness the activity. Stated he would like to hear from Legal in relation to that amended wording so it can be taken up as a change to the ordinance. Jennifer Magana, Director of Law, stated the intent was never to punish an unintended spectator. Stated to clarify the intent of the ordinance the following sentence has been added to the definition of a spectator: "Unintentional witnesses or passersby to such events are not considered spectators, as a spectator is one who attends an event for the purpose of viewing it." Stated they believe this makes the ordinance very clear. Mayor Whipple stated he will second the amendment. Council Member Frye stated he appreciates legal weighing in and everyone that reached out. Stated he does not believe that the Wichita Police Department was ever going to intentionally target anyone that happened to be present or witness illegal street racing. Stated this additional language gives him some relief that this will not happen.  Page 2 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 MOTION: Council Member Frye moved to the changes recommended by the Law Department be made to the ordinance by amendment and recorded to be passed on second reading. Motion carried 7 to 0. Mayor Whipple stated he thinks it is very important that we make a difference, set a difference in policy of what a witness is and what someone who gathers for the intent to encourage illegal activity. Stated we do know that in 2019 there were three people we know of that died in Wichita because of street racing. Stated we have others who have died that we believe speed was a factor, but because of lack of witnesses coming forward we are not sure if that was street racing or not. Stated we want to encourage witnesses that if you are witnessing unlawful behavior to be able to report on it and not be in fear that somehow you witnessing that makes you liable for the incident itself. Stated he appreciates this amendment. Vice Mayor Johnson stated he will be abstaining from items 10 and 11 due to a personal conflict. MOTION: Mayor Whipple moved to approve Consent Agenda item 10. Motion carried 6 to 0, (Vice Mayor Johnson abstained). MOTION: Mayor Whipple moved to approve Consent Agenda item 11. Motion carried 6 to 0, (Vice Mayor Johnson abstained). COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1) Report of Board of Bids and Contracts dated September 27, 2021. Attachment: 09-27-2021 Board of Bids.pdf Attachment: Q2_Hand_out.pdf Hannah Lang, Department of Finance, reviewed the item. Council Member Cerullo inquired as to the no bids received on the mowing and haying item and what it is and where it is. Stated he wants to make sure we are not missing out on mowing and haying that he gets complaints all the time about areas not being mowed. Hannah Lang, Department of Finance, stated this particular bid is for the Stormwater Division. Stated it is for the mowing and haying of the floodway. Stated we have bid this twice with no bids received and believes the intent is the department is going to visit with vendors to see if we can get some vendors interested in doing the mowing and haying of it. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0. IV) PETITIONS FOR PUBLIC IMPROVEMENTS - NONE  Page 3 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 COUNCIL AGENDA X) COUNCIL MEMBER AGENDA 1.) Approval of travel for Council Member Bryan Frye to attend the Community Leaders of America, Minneapolis, Minnesota, October 6-8, 2021. Council Member Frye stated that this travel is paid for by Community Leaders of America and is no expense to the City. MOTION: Mayor Whipple moved to approve the travel. Motion carried 7 to 0. XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1) Board Appointments. Council Member Blubaugh appointed Laura Rainwater to the Ethics Advisory Board. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Council Member Frye stated that anyone who has ever done an event in downtown Wichita knows Lieutenant Donny Phelps. Stated Mr. Phelps recently retired from our Wichita Police Department after 32 years of service and his last act was the downtown chili cook-off on Saturday. Stated Mr. Phelps delayed his retirement in order to serve at that event. Stated he wanted to give a shout out to Donny Phelps. RECESS TO CITY/COUNTY EN BANC MEETING The City Council meeting recessed to the City/County En Banc meeting at 9:44 a.m. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn the meeting. Motion carried 7 to 0. The City Council meeting was adjourned at 12:35 p.m. Respectfully Submitted, Jamie Buster, MPA, CMC Deputy City Clerk  Page 4 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 14 II) CITY COUNCIL CONSENT AGENDA ITEMS 1) Applications for Licenses to Retail Cereal Malt Beverages: a.) Applications for Licenses to Retail Cereal Malt Beverages: Attachment: CMBs for Sept 28, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEsforCC_09-28-21.pdf 3) Property Acquisitions: a.) Partial Acquisition of Vacant Land in the 3000 Block of West 53rd Street North for the 53rd Street North and Meridian Water Line Project. (County) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Documents.pdf b.) Acquisition of Temporary Easement at 2904 South Spruce for the I-135 Sewer Line Project. (District III) Attachment: Agenda Report No. II-3b.doc Attachment: 2904 Spruce Supporting.pdf c.) Acquisition of Temporary and Permanent Easements at 2914 South Spruce for the I-135 Sewer Line Project. (District III) Attachment: Agenda Report No. II-3c.doc Attachment: 2914 Spruce Supporting.pdf 4) Minutes of Advisory Boards/Commissions: Board of Electrical Appeals, August 10, 2021 Attachment: Board of Electrical Appeals, August 10, 2021.pdf Uncategorized Items:  Page 5 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 5.) Community Event with Alcohol Consumption – Art and Ale. (District VI) Attachment: Agenda Report No. II-5.docx Attachment: Site Plan Attachment: Resolution 21-369 6.) Chester I. Lewis Reflection Park Project - Public Art. (District I) Attachment: Agenda Report No. II-6.doc Attachment: Amendment to Donor Agreement - Chester I Lewis Park_Signed.pdf 7.) Fire Prevention & Safety Grant. Attachment: Agenda Report No. II-7.docx Attachment: EMW-2020-FP-00132 -FY2020 FEMA FP&S Award Package (2).pdf 8.) Agreement to Respread Assessments: Northgate 5th Addition. (District VI) Attachment: Agenda Report No. II-8.doc Attachment: Original Respread Agreement.pdf Attachment: Ordinance 51-647 Attachment: Ordinance 51-647 Summary 9.) Agreement to Respread Assessments: Monarch Landing 5th Addition. (District II) Attachment: Agenda Report No. II-9.doc Attachment: Monarch Landing 5th Addition Respread Agreement.pdf Attachment: Ordinance 51-648 Attachment: Ordinance 51-648 Summary 10.) Amendment to Community Housing Development Organization Funding Agreement with Mennonite Housing Rehabilitation Services, Inc. (District I) Attachment: Agenda Report No. II-10.doc Attachment: MHRS 1st Amend CSA 2020-2021, 9-28-2021.doc  Page 6 CITY COUNCIL PROCEEDINGS SEPTEMBER 28, 2021 11.) Amendment to Housing Development Loan Program Funding Agreements with Mennonite Housing Rehabilitation Services, Inc. (District I) Attachment: Agenda Report No. II-11.doc Attachment: MHRS 1st Amend 2019 HDLP, 1057 N. Ohio 9-28-2021.doc Attachment: MHRS 1st Amend, 2019 HDLP, 1053 N. Ohio.doc 12.) Community Events – Central Standard Brewing’s Musica Tacos y Cerveceria. (District I) Attachment: Agenda Report No. II-12.docx 13) Second Reading Ordinances: List of Second Reading Ordinances (first read September 21, 2021) Attachment: List of Second Reading Ordinances 09-28-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 14.) Comm Link, Inc., NEC Phone System Maintenance Agreement - Wichita Dwight D. Eisenhower National Airport. Attachment: Agenda Report No. II-14.doc Attachment: Wichita Airport NEC SV9500 Phone System Maintenance Contract.docx