City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, November 2, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Jeff Blubaugh, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. Absent: Brandon Johnson. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:01 a.m. Approve the minutes of regular meeting on October 26, 2021 MOTION: Mayor Whipple moved to approve the minutes of regular meeting on October 26, 2021. Motion carried 6 to 0, (Absent: Johnson). Proclamations: The following proclamations were read aloud and presented by Mayor Whipple. Family Court Awareness Month Kansas Reads to Preschoolers Month Award: Gold Medal Finalist Award The Gold Medal Finalist Award was presented to Troy Houtman, Director of Park & Recreation and his staff. ***Vice-Mayor Johnson arrived at 9:14 a.m. and took his seat at the bench*** I) PUBLIC AGENDA 1.) Elvera Langkiet - Handicap parking accessibility at City Hall. Elvera Langkiet stated I am here about our handicap zone in the front entrance of the building or the one that you pay for. Stated the person that I take care of needs Section 8 services which is now located at City Hall. Stated this makes it very difficult for her to access. Stated if Section 8 is going to stay at City Hall, we need to do something about handicap accessibility. 2.) Caress Adams - Partnering with the Drug Enforcement Administration to provide community education regarding drug use. Caress Adams stated I am the community outreach specialist for the drug administration. Stated we have a new program called Operation Engage Program and is here to ask the City of Wichita to join us in  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 promoting drug free lives through Operation Engage. Stated Wichita was selected out of 11 locations nationally for Operation Engage, this initiative leverages federal, state and local partnerships to conduct drug epidemic by partnering with local community members and preventative organizations. Stated we are here today to ask all the departments of the City of Wichita to partner with us and engage with us with events like Red Ribbon Week, which we held last week. Stated Red Ribbon weeks is students who pledge to be drug free for their lives and the City lights up to support them, so next year we really want to go red. Stated another event is National Take Back Day, which we recognize that twice a year through the ADA, we put up two sites where we can drop off our prescription drugs. Stated if we can get the City of Wichita to email all of their employees to remind them, we can get the support that we need from the City. II) CONSENT AGENDA ITEMS 1 THROUGH 11 Vice Mayor Johnson asked for consent item II-10 to be pulled. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 11 in accordance with the recommended actions shown thereon, with the exception of item 10. Motion carried 7 to 0. COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Board of Bids and Contracts dated November 1, 2021. Attachment: 11-01-2021 Board of Bids.pdf Hannah Lang, Finance Department presented the item. Mayor Whipple asked if anyone from the audience wished to speak on the item. 1) Dale Goter stated I am here to speak on an item that affects all these items on the agenda and relates to the Open Records Act. Stated the Kansas Open Records Act (KORA) provides that we can get information about projects like this, which is the intent of it but there appears to be a problem with the City's policies and procedures regarding KORAs. Stated on July 27th the Council conducted a workshop on the new KORA software being put into use and during that presentation it was clearly stated that the library of open requests would be readily available for public inspection and at that meeting staff said this feature would help prevent duplicate requests and save the public the unnecessary expense of asking for a record that had already been requested and recorded. Stated the Council approved the new software the very next week but the presentation by staff made no mention of that open library provision. Stated during that time, somebody decided that feature was no longer a good idea and learned of this change when I filed a KORA a couple of weeks ago. Stated when I went to review my request I noticed that there was only one other request on the website. Stated I was told that past KORA requests are only available at the discretion of the individual department. Stated there are only a handful of requests that are posted on the website; in other words, there is no library of open requests for public inspection. Stated the Mayor received a letter from the Kansas Press Association, we consulted with them on this. Stated the question we are asking today is how was that decision made and who decided that policy that was described at the workshop was not the path the City would follow. Stated my KORA request cost me $56.00 and the response had nothing to do with my request. Stated that is why I filed a complaint with the District  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 Attorney's office and I copied and pasted my KORA request and the City's response and sent it to the DA. Stated unfortunately, the DA's office said they couldn't open several of the seven files that were provided to me by the Economic Development Department and since the files aren't open to the public, I couldn't direct the DA's office to my case. Stated the two files that the DA's office could open was described by them as unresponsive to my request, thus I fully expect the DA's office to reach the same conclusion if and when it gains access to my KORA request and the full response. Stated please revisit this issue, follow the recommendation of the Kansas Press Association and restore public access to the full library of KORA requests on file with the City Clerk. 2) Celeste Racette stated this relates to our bidding process that is on the agenda right now. Stated at the August 10th City Council Meeting you all said public comments were welcome regarding the new KORA software. Stated I stood up and talked about KORAs and shared with the Mayor how difficult it was to get information and how my KORA requests sometimes came back covered over, erased, even Century II maintenance reports were redacted before I got them. Stated the dates of the maintenance problems were removed so I couldn't tell how old the problem was. Stated I have had KORA requests closed and then was later told that the information was found in another department. Stated I've gotten KORA requests back that contained incorrect information but I didn't know that and I had to look at the information and puzzle why the numbers didn't make sense, try to reach someone in the Finance Department and then find out that those numbers are wrong, it was a cut and paste error. Stated City staff said the new KORA software would be great, taxpayers were promised there would be a library for KORA requests saving the City time and money. Stated staff said "an added benefit is that the new KORA software provides an online library of previous KORA requests available for public viewing and transparency of requests." Stated last week I went into the library and there was only one KORA request regarding the boil advisory. Stated none of my open KORA requests are in the library and if they had been there, you would have seen that one of my requests has been open for six weeks and asked why is there no library of past requests, why are KORA requests submitted to the City of Wichita not open for the public unless the individual City department's custodians allows it and why is the release of KORA requests left at the discretion of the individual custodians and who made that decision. Bob Layton, City Manager stated the two speakers are correct in terms of the presentation made to the Council in August and it is our intent to have a robust library. Stated I think there was some hiccups in implementation, a policy has been presented to me that has provisions for all KORAs to be in the library accept for those that are involving criminal justice records in the Police Department or Municipal Court. Stated that is an administrative policy that is going into place and received the final draft of it yesterday. Stated regarding mistakes in KORAs, there is not much I can say, we get over 3,000 KORAs a year. Stated there is a human element here and there are going to be occasions where the wrong information is presented, we always work with the requestor to make sure that if we are not on target that we do what we can to correct that. Council Member Cerullo asked the City Manager if he has an estimated time of when that library will be up and going. Bob Layton, City Manager stated I anticipate signing the policy in the next day or so and imagine that next week, we will start populating the library. MOTION: Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary signatures. Motion carried 7 to 0.  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 IV) PETITIONS FOR PUBLIC IMPROVEMENTS - NONE V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) PUBLIC HEARING ON THE ESTABLISHMENT OF THE ICT21 REDEVELOPMENT DISTRICT, TAX INCREMENT FINANCING. (DISTRICT VI) Attachment: Agenda Report No. VI-1.docx Attachment: Ordinance 51-662 Mark Elder, Department of Economic Development, presented the item. Vice Mayor Johnson asked if the improvements on streets includes the 21st and Mosley intersection. Mark Elder, Department of Economic Development stated I believe that is in consideration there. Mayor Whipple asked if anyone from the public would like to speak on this item. 1) Dale Goter stated I am here to ask the question about the City's policy regarding the issuance of tax increment financing, (TIF). Stated I raised questions about this in a newspaper column last week, those concerns were about the TIF funding for the Riverside housing redevelopment district. Stated the Sedgwick County-City of Wichita Economic Development guidelines are very clear about the restrictions on the issuance of TIFs. Stated according to those guidelines, which have been adopted by both the City and the County, the following is stipulated under project requirements; TIF will only be used as a final effort for funding, the developer must prove all other financing efforts have been exhausted. Stated I filed a KORA for the City of Wichita asking for the documentation that satisfied that specific requirement with regard to the Riverside housing project and in response, I got a packet of material that none of which directly addressed that issue. Stated subsequently I filed a complaint with the District Attorney contending the City's response was not in compliance with the Kansas Open Records Act and their response was that the City's response was not in compliance. Stated I have some questions for the Council, are you enforcing the restrictions in the City-County Economic Development guidelines; what documentation exists that validates that the financing requirements noted earlier have been met; if the policy is waived, who makes that decision; and what notification of that waiver is issued. Stated Council Member Claycomb claims credit for the negotiations that resulted in the TIF for the Riverside project, perhaps she can explain how the City-County policy was applied during those negotiations and at what point did the developer could show proof that no lender could finance the last $700,000 of an eight million dollar project. Stated I hope that staff has fully informed the Council about City- County requirements regarding TIF eligibility and hopes the Mayor and Council will see fit to follow these guidelines and demand to see proof that all other financing options have been exhausted. Stated there is good reason why TIF funds carry such limitations, you cannot give tax dollars away to wealthy developers who can just as easily find private financing for their residential developments. Stated you will set a dangerous precedence in approving the Riverside TIF. Mayor Whipple stated I will let the City Manager make comments on the concerns about our TIF policy and if it is being followed.  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 Bob Layton, City Manager stated I don't have the facts in front of me regarding the Riverside item that is not what is on the agenda today. Stated we are prepared to talk about that issue though on this TIF district if the Council at some point wants that information. Mark Elder, Department of Econ0mic Development stated it is a very complicated process on how we establish that and although we are still finalizing all of the final documentation on this project, we have worked extensively with the developer understanding the financials that are needed and thinks the developer is also prepared to address the fact that when you look at a project like this and the additional costs that go into it, they can only put so much money into a project to make a return on it. Stated no matter how much money somebody has, they are not willing to just donate those funds to make the project work, they need to make sure there is a reasonable return. Stated we work with them to determine that reason and have done that on this situation so when you look at how TIF is worked into this, you have to understand what funding sources are available for that. Stated they have worked with several different agencies trying to find other resources, they have put in the developer equity, they have their financing with the bank but in order to take on additional costs either through borrowing more which the bank is going to limit how much money they have on that and that is what we have reached right now that the bank has a ratio of how much they will lend. Stated when they reach that, the developer has an amount they are able to put into that investment and still make a return on that and then the TIF is used to help bring down those eligible costs to make that land reasonable because then they have to market that land. Stated if the land has too much cost related to being able to market, they can't sell or develop that land because of that cost, which is what we have worked on with this developer. 2) Celeste Racette stated I appreciate what staff had to say because commercial loan operations are very complex and complicated. Stated what do we have here in the City of Wichita that provides oversight; we have no internal auditor and no oversight and wonders how many of you have a commercial lending background, so why are we in the commercial loan business. Stated your economic development guidelines are pretty clear about TIFs and I don't understand why you are not following them, why you even have guideline policies, charter ordinances, or administrative regulations if you don't follow them. Stated your guidelines say, "TIFs should only be used if the project would not occur otherwise." Stated the language specifically says that the project would not occur as proposed but for the assistance provided through the TIF. Stated TIFs are a last resort, something that should only be used if there is no other way of going forward so I interpret this to mean that a developer should have tried bank financing or special assessments before coming before the City Council. Stated the major objectives of a TIF is to encourage development of under-utilized commercial and industrial areas; so how does residential development creep into a neighborhood like Riverside. Stated Riverside is not in an opportunity zone or an enterprise zone, so how did this door get thrown open to include residential areas. Stated how did we become lenders of these projects and why are we in the banking business and why is City staff approving projects and monitoring pay as you go construction costs; why aren't local banks doing that. Stated I don't understand why we are not putting these into the hands of experts (banks) who have proper oversight. Stated it seems that TIF districts are one way the City can get money for developers without having a citizen vote. Stated funding a project from sales tax increases requires a citizen vote. Stated let's get developers out of the election donation business by reinstating campaign reform laws that were in place before the 2015 City Council removed them. 3) Andrew Nave, Greater Wichita Partnership stated I think it is evident that clearly the use of TIFs is a redevelopment tool that has been used across our state, redevelopment is the essence of what a TIF is. Stated you cannot find a site that is more of a poster child for redevelopment than the former refinery site, the front door of our community coming from I-135, major potential investment in the heart of our City is exactly what TIF is for. Stated not only is this right from a TIF standpoint, it is right from an opportunity  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 standpoint. Stated right now before us the GWP working alongside your Economic Development team, has a phenomenal amount of potential industrial opportunities but they are just potential. Stated so many of these companies need available space to move into and often times their schedule does not allow for one to three years construction for a developer to go out and potentially start a project from the ground up, they need a building to move into immediately. Stated right now we have a number of industrial projects in our pipeline that are evaluating Wichita and our market right now. Stated we don't have a lot of product right now regarding buildings so from an opportunity and needs standpoint, ict21 development will solve that and establishing this TIF district is a clear use of TIF and we ask for your full support. MOTION: Mayor Whipple moved to close the public hearing, place the ordinance on first reading and authorize the necessary signatures. Motion carried 7 to 0. 2.) ORDINANCE GRANTING TO SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T KANSAS A CONTRACT FRANCHISE FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES. Attachment: Agenda Report No. VI-2.docx Attachment: Franchise Ordinance 51-663 Jennifer Magana, Director of Law, presented the item. Vice Mayor Johnson asked if approved today, this goes through December 31st of this year and then after that it is every two years for eight years. Jennifer Magana, Director of Law stated that is correct. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the franchise ordinance and authorize the necessary signatures. Motion carried 7 to 0. 3.) BUDGET ADJUSTMENT FOR THE GOLF FUND. Attachment: Agenda Report No. VI-3.docx Attachment: Golf Budget Adjustment Signature.pdf Troy Houtman, Director of Park & Recreation, presented the item. Council Member Frye stated it was mentioned there would be some possible upgrades coming to the courses, have those been decided and will they be coming to us sometime soon. Troy Houtman, Director of Park & Recreation stated they have been decided, we are making repairs to the irrigation pumps that is required for the operations to make sure the golf courses are sustainable.  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the budget adjustments between Golf Fund line items as necessary and to increase the Golf Fund Revised Budget by up to $325,000. Motion carried 7 to 0. 4.) POLICE HEADQUARTERS REMODEL PROJECT. Attachment: Agenda Report No. VI-4.doc Attachment: Resolution 21-408 Jason Stevens, Wichita Police Department, presented the item. Council Member Frye asked if the dollar amount includes the design construction and the furniture and equipment. Jason Stevens, Wichita Police Department, stated yes a lot of the furniture and equipment will be repurposed from the 6th floor and moving that down to the 5th floor. Stated we are hoping to get new furniture for most of the areas on the 6th floor. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the budget, adopt the resolution, and authorize the necessary signatures. Motion carried 7 to 0. 5.) CONTRACT FOR INDIGENT DEFENSE SERVICES. Attachment: Agenda Report No. VI-5.doc Attachment: Indigent Defense Services Contract.PDF Nathan Emmorey, Municipal Court Administrator, presented the item. Council Member Claycomb asked what we are paying now. Nathan Emmorey, Municipal Court Administrator stated for the last five years we have paid $350,000 per year and there was no increase over that time. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. MOTION: Mayor Whipple moved to approve the contract and authorize the necessary signatures. Motion carried 7 to 0.  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 6.) PUBLIC EXIGENCY - 42-INCH WATER MAIN REPAIR. (DISTRICT I) Attachment: Agenda Report No. VI-6.docx Attachment: Supporting Document.pdf Gary Janzen, Engineering Department, presented the item. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. Vice Mayor Johnson stated great job to the Public Works team and Dondlinger for addressing this issue as quickly as they did and all of the communication that Alan King gave. MOTION: Vice Mayor Johnson moved to affirm the City Manager’s public exigency approval for 42-inch water main repair. Motion carried 7 to 0. 7.) STRYKER MULTI-SPORT COMPLEX UPGRADE AND EXPANSION DESIGN AGREEMENT. (DISTRICT II) Attachment: Agenda Report No. VI-7.docx Attachment: Stryker Design Agreement.pdf Gary Janzen, Engineering Department, presented the item. Vice Mayor Johnson asked if the bathrooms are public. Gary Janzen, Engineering Department stated yes they will be open to the public. Vice Mayor Johnson asked if there will be any unisex bathrooms. Gary Janzen, Engineering Department stated right now it is set up as male and female restrooms but is something we can look at. Vice Mayor Johnson stated I think we should consider that and the other thing is changing tables. Gary Janzen, Engineering Department stated we will look into that too. Mayor Whipple asked if anyone from the audience wished to speak on this item; no one came forward. Council Member Tuttle thanked staff for all their extra work. MOTION: Council Member Tuttle moved to approve the agreement and authorize the necessary signatures. Motion carried 7 to 0.  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 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 X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple appointed Esther Liu as the Mayor's Youth Council representative and Debra Foster as the MAPC representative to the Wichita Sustainability Integration Board. MOTION: Mayor Whipple moved to approve the appointments. Motion carried 7 to 0. Council Member Frye stated it is No Shave November and does this to help educate about cancer prevention and to show support for those who are fighting the battle. Vice Mayor Johnson reminded everyone that Transit is giving free rides to the polls today. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 10:42 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 10 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 II) CITY COUNCIL CONSENT AGENDA ITEMS ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 11 1) Preliminary Estimates: a.) Preliminary Estimates for Paving to Serve Trinity Point Addition. Attachment: Trinity Point Paving Cover Sheet Template.doc Attachment: Trinity Point Paving PE Template NTBA.doc 2) Agreements/Contracts: a.) Renewal of the Contract – Kansas Department of Health and Environment Air Quality Program Grants. Attachment: Agenda Report No. II-2a.docx Attachment: Agreement.docx 3) Property Acquisitions: a.) A Permanent Easement Acquisition at 2131 North Hoover for the Northwest Wichita Water Facility. (District V) Attachment: Agenda Report No. II-3a.doc Attachment: Supporting Document.pdf 4) Repair or Removal of Dangerous and Unsafe Structures: a.) Repair or Removal of Dangerous and Unsafe Structures. (District VI) Attachment: Agenda Report No. II-4a.docx Attachment: Supporting Documents.docx Attachment: Resolution 21-409 UNCATEGORIZED ITEMS: 5.) Grant of Easement Over City Property Adjacent to 1105 West 13th Street. (District VI) Attachment: Agenda Report No. II-5.doc Attachment: Supporting Documents.pdf 6.) College Hill Neighborhood Association Donation - Basketball Court Repairs. (District I)  Page 11 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 Attachment: Agenda Report No. II-6.docx Attachment: College Hill Park - Basketball Repair Revised Bonding Resolution.pdf Attachment: College_Hill_Memorandum_of_Understanding.pdf Attachment: Resolution No. 21-410 7.) Sunnyside Neighborhood Association Donation – Amenities – Picnic Tables and Multi Person Swing. (District I) Attachment: Agenda Report No. II-7.docx Attachment: Memorandum of Understanding.pdf 8.) Child Care Aware of Kansas Sustainability Grant – Lynette Woodard Recreation Center. (District I) Attachment: Agenda Report No. II-8.docx Attachment: Child Care Aware of Kansas - Lynette Woodard.pdf Attachment: Child Care Aware of Kansas - Woodard Signature.pdf 9.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Citation Holdings, LLC – Brek Manufacturing. (District II) Attachment: Agenda Report No. II-9.docx Attachment: Ordinance 51-664.docx 10.) HOME Program; 2020 Housing Development Loan Program, Hope Enterprise, Inc., 1456 N. Ash. (District I) Attachment: Agenda Report No. II-10.doc Attachment: Hope Enterprise Agreement.doc Vice Mayor Johnson stated as I usually do when there is an actual conflict of interest; I need to abstain from voting on this item. MOTION: Mayor Whipple moved to approve the HOME Investment Partnerships Program funding allocation of $76,600, and authorize the necessary signatures. Motion carried 6 to 0, (Abstained: Johnson).  Page 12 CITY COUNCIL PROCEEDINGS NOVEMBER 2, 2021 11) Second Reading Ordinances: Second Reading Ordinances (First read October 26, 2021) Attachment: List of Second Reading Ordinances 11-02-2021.docx II) CONSENT PLANNING AGENDA ITEMS - NONE II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS - NONE