City Council Meetings
Regular MeetingWichita, KS · November 24, 2020
Minutes
Page 1
CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
MINUTES OF THE MEETING OF THE CITY COUNCIL
Wichita, Kansas, November 24, 2020
Tuesday, 09:30 AM
The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Becky Tuttle, Brandon
Johnson, Bryan Frye, Jeff Blubaugh, and James Clendenin.
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 9:30 a.m.
Approve the minutes of regular meeting on November 10, 2020
MOTION:
Mayor Whipple moved to approve the minutes of regular meeting on November 10, 2020.
Motion carried 7 to 0.
II) CONSENT AGENDA ITEMS 1 THROUGH 25
MOTION:
Mayor Whipple moved to approve consent agenda items 1 through 25 in accordance with the
recommended actions shown thereon.
Motion carried 7 to 0.
COUNCIL BUSINESS
III) BOARD OF BIDS AND CONTRACTS
1.) Report of Board of Bids and Contracts dated November 23, 2020.
Attachment: 11-23-2020 Board of Bids.pdf
Hannah Lang, Department of Finance, reviewed the item.
MOTION:
Mayor Whipple moved to receive and file report, approve the contracts and authorize the necessary
signatures.
Motion carried 7 to 0.
COUNCIL AGENDA
IX) COUNCIL MEMBER AGENDA - NONE
X) COUNCIL MEMBER APPOINTMENTS AND COMMENTS
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
1.) Board Appointments.
Council Member Tuttle stated that yesterday was National Public Health Thank You Day. Stated on the
Monday before Thanksgiving annually public health officials across the nation take a moment to pause
and thank each other for the great work that they do. Stated that even though it was yesterday she wanted
to give a shout out to all of the public health professionals in our community especially during COVID.
Stated she has heard the words public health more in the last nine months than in the last 20 years that she
has been in the field. Stated thank you to everyone who is working tirelessly in the public health
profession to keep our community safe.
Council Member Johnson stated he wants to highlight that Thanksgiving is this week and wish everyone a
Happy Thanksgiving. Stated he wants to encourage everyone to not gather. Stated he knows it's tough and
it's a difficult decision but with the numbers being what they are and with the risk of the possible spread
of COVID this is a good year to innovate and have some virtual Thanksgiving celebrations. Stated he
wants to encourage us all to be mindful this year.
RECESS
Mayor Whipple stated we will recess the City Council meeting to go into workshop and then when the
workshop is over come back to the City Council meeting as we have an Executive Session.
RECONVENE
The City Council meeting reconvened at 11:05 a.m.
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 and for legal advice. The
Executive Session is required to protect attorney-client privilege and the public interest. The Executive
Session will begin at 11:10 a.m. and end at 11:25 a.m. the meeting will resume in Council Chambers.
Motion carried 7 to 0.
RECONVENE
The City Council reconvened in the Council Chambers at 11:30 a.m. No action was taken as a result of
the Executive Session.
ADJOURNMENT
MOTION:
Mayor Whipple moved to adjourn the meeting.
Motion carried 4 to 0, (absent: Vice Mayor Claycomb, Council Member Frye, and Council Member
Blubaugh).
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
The meeting was adjourned at 11:30 a.m.
Respectfully submitted,
Jamie Buster, MPA, CMC
Deputy City Clerk
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 25
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 NOV 24.docx
2) Preliminary Estimates:
a.) List of Preliminary Estimates.
Attachment: PEsforCC_11-24-20.pdf
b.) Preliminary Estimates for paving improvements to serve Sandcrest 4th Addition
Attachment: NTBA Paving Sandcrest Addn.pdf
3) Petitions for Public Improvements:
a.) Petition for Improvements to Serve Reynolds Addition. (District II)
Attachment: Agenda Report No. II-3a
Attachment: Supporting Documents
Attachment: Resolution 20-370
b.) Petitions for Improvements to Serve Fox Run Addition. (District IV)
Attachment: Agenda Report No. II-3b
Attachment: Supporting Documents
Attachment: Resolution 20-371 (029856)
Attachment: Resolution 20-372 (029860)
Attachment: Resolution 20-373 (085451)
Attachment: Resolution 20-374 (085452)
Attachment: Resolution 20-375 (085655)
c.) Petitions for Improvements to Serve NewSpring Commercial Addition. (District II)
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
Attachment: Agenda Report No. II-3c
Attachment: Supporting Documents
Attachment: Resolution 20-376 (027531)
Attachment: Resolution 20-377 (027533)
Attachment: Resolution 20-378 (027536)
Attachment: Resolution 20-379 (027537)
Attachment: Resolution 20-380 (085652)
d.) Revised Petition for Improvements to Serve The Villas at Oak Creek. (District II)
Attachment: Agenda Report No. II-3d
Attachment: Supporting Documents
Attachment: Resolution 20-381
4) Agreements/Contracts:
a.) Renewal of the Contract – Kansas Department of Health and Environment Air Quality Program
Grants.
Attachment: Agenda Report No. II-4a
Attachment: Contract.pdf
5) Property Acquisitions:
a.) (PULLED PER CITY MANAGER 11/20/2020) Partial Acquisition of Right-of-Way and
Temporary Construction Easement at 2452 North Hoover for the Hoover Road Multi-Use Path
Project. (District VI)
6) Minutes of Advisory Boards/Commissions:
Design Council September 14, 2020
Library Monthly Activity Report October 2020
MABCD Board of Appeals, October 1, 2020
Design Council October 5, 2020
Board of Park Commissioners, October 12, 2020
Library Board of Directors, October 20, 2020
Uncategorized Items:
7.) State Farm Safety Grant.
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
Attachment: Agenda Report No. II-7
8.) Over Estimate Bid for Stormwater Pump No. 2 at Pump Station No. 3 Repairs.
Attachment: Agenda Report No. II-8
Attachment: Revised Bid Tab Summary.pdf
9.) Agreement to Respread Assessments: The Villas at Oak Creek 2nd Addition. (District II)
Attachment: Agenda Report No. II-9
Attachment: Respread Agreement.pdf
Attachment: Ordinance 51-378
Attachment: Ordinance Summary 51-378
10.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Wichita Downtown
Hotel, LLC – Hilton Garden Inn. (District I)
Attachment: Agenda Report No. II-10
Attachment: Ordinance 51-379
11.) First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Spirit AeroSystems,
Inc. (District III)
Attachment: Agenda Report No. II-11
Attachment: Termination Documents - Series 2009.docx
Attachment: Termination Documents - Series 2010.docx
Attachment: Ordinance 51-380
12.) Partial Loan Forgiveness Request, Home Repair Program. (District IV)
Attachment: Agenda Report No. II-12
13.) 2019 Community Services Block Grant Budget Adjustment.
Attachment: Agenda Report No. II-13
Attachment: CSBG Budget Adjustment
14.) 2021-2023 Kansas Special Traffic Enforcement Program (STEP) Agreement.
Attachment: Agenda Report No. II-14
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
15.) Federal S.T.O.P. Violence Against Women Grant Application.
Attachment: Agenda Report No. II-15
16.) Amendment to CARES Act Funding Agreement for United Way of the Plains, Inc.; COVID-
19 Hotel/Motel Isolation Program
Attachment: Agenda Report No. II-16
Attachment: 1st Amendment United Way COVID Hotel-Motel Isolation Program.docx
17) Second Reading Ordinances:
a.) Second Reading Ordinances (first read November 10, 2020)
Attachment: List of Second Reading Ordinances 11-24-2020.docx
II) CONSENT PLANNING AGENDA ITEMS
18.) A20-06: Consideration of the Annexation Request for a Portion of North Maize Road;
Generally Located Between West 29th Street North and West 37th Street North. (District V)
Attachment: Agenda Report No. II-18
Attachment: A20 06 -Map Sheet.pdf
Attachment: Ordinance 51-381
19.) SUB2020-00035 -- Plat of Coyote Ranch Addition Located on the East Side of North 143rd
Street East, One-Quarter Mile South of East 21st Street North. (County)
Attachment: Agenda Report No. II-19
Attachment: Application for Water Services
20.) VAC2020-00035 – City Vacation of a Five-Foot Building Setback to Allow Development of a
Neighborhood Pool; Generally Located Within One-Half Mile South of East 31st Street
South and Within One-Half Mile East of South Rock Road. (District II)
Attachment: Agenda Report No. II-20
Attachment: VAC2020 35 -MAPC Min Excerpt.docx
Attachment: VAC2020 35 -Vacation Order.docx
21.) VAC2020-00036 – City Vacation to Revise the Text for Permitted Uses on a Reserve to Allow
Development of a Neighborhood Pool; Generally Located Within One-Half Mile South of
West 29th Street North and Within One-Quarter Mile East of North Hoover Road. (District
V)
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CITY COUNCIL PROCEEDINGS
NOVEMBER 24, 2020
Attachment: Agenda Report No. II-21
Attachment: VAC2020 36 -MAPC Min Excerpt.docx
Attachment: VAC2020 36 -Vacation Order.docx
22.) VAC2020-00037 – City Vacation of a Platted Utility Easement and Drainage Easement for
Construction of a Private Pool; Generally Located Within One-Quarter Mile of North 143rd
Street East and Within One-Half Mile South of East 21st Street North, 1901 North
Woodale. (District II)
Attachment: Agenda Report No. II-22
Attachment: VAC2020 37 -Vacation Order.docx
Attachment: VAC2020 37 -MAPC Min Excerpt.docx
23.) VAC2020-00038 – City Vacation of Access Control and Portions of a Platted Reserve for
Driveway Access; Generally Located on the West Side of North 159th Street East and Within
One-Half Mile south of East 21st Street North. (District II)
Attachment: Agenda Report No. II-23
Attachment: VAC2020 38 -Vacation Order.docx
Attachment: VAC2020 38 -MAPC Min Excerpt.docx
24.) VAC2020-00039 – City Vacation of a Portion of a Platted Floodway Easement to Construct
an In-Ground Pool on Property Zoned SF-5 Single-Family Residential; Generally Located
South of East Kellogg and One-Quarter Mile West of South 143rd Street East, 13930 East
Lakeview Drive. (District II)
Attachment: Agenda Report No. II-24
Attachment: VAC2020 39 -MAPC Min Excerpt.docx
Attachment: VAC2020 39 -Vacation Order.docx
II) CONSENT HOUSING AGENDA ITEMS - NONE
II) CONSENT AIRPORT AGENDA ITEMS
25.) Clemens Aviation, LLC, Supplemental Agreement No. 1, Colonel James Jabara Airport.
Attachment: Agenda Report No. II-25
Attachment: Supplemental Agreement No. 1
Agenda
AGENDA
CITY COUNCIL
Tuesday, November 24, 2020
9:30 AM
The regular meeting of the City Council will be held on November 24, 2020 at 9:30 AM in the
Council Chambers
455 N. Main Street, Wichita, KS 67202.
OPENING OF REGULAR MEETING
Call to Order
Approve the minutes of regular meeting on November 10, 2020
II. CONSENT AGENDA ITEMS 1 THROUGH 25
NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with no
separate discussion. If discussion on an item is desired, the item will be removed from the
“Consent Agendas” and considered separately (The Council will be considering the City
Council Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas.
Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all Consent
Agenda Items.
COUNCIL BUSINESS
III. BOARD OF BIDS AND CONTRACTS
1. Report of Board of Bids and Contracts dated November 23, 2020.
RECOMMENDED ACTION: Receive and file report, approve the contracts and
authorize the necessary signatures.
11-23-2020 Board of Bids.pdf
COUNCIL AGENDA
IX. COUNCIL MEMBER AGENDA - NONE
X. COUNCIL MEMBER APPOINTMENTS AND COMMENTS
1. Board Appointments.
RECOMMENDED ACTION: Approve the appointments.
ADJOURNMENT
City Council Page 2
November 24, 2020
ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 25
II. CITY COUNCIL CONSENT AGENDA ITEMS
1. Applications for Licenses to Retail Cereal Malt Beverages:
a. Applications for Licenses to Retail Cereal Malt Beverages:
RECOMMENDED ACTION: Approve licenses subject to staff review and approval.
CMBS FOR NOV 24.docx
2. Preliminary Estimates:
a. List of Preliminary Estimates.
RECOMMENDED ACTION: Receive and file.
PEsforCC_11-24-20.pdf
b. Preliminary Estimates for paving improvements to serve Sandcrest 4th Addition
RECOMMENDED ACTION: Receive and file.
NTBA Paving Sandcrest Addn.pdf
3. Petitions for Public Improvements:
a. Petition for Improvements to Serve Reynolds Addition. (District II)
RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution,
and authorize the necessary signatures.
Agenda Report No. II-3a
Supporting Documents
Resolution 20-370
b. Petitions for Improvements to Serve Fox Run Addition. (District IV)
RECOMMENDED ACTION: Approve the petitions and budgets, adopt the
resolutions, and authorize the necessary signatures.
Agenda Report No. II-3b
Supporting Documents
Resolution 20-371 (029856)
Resolution 20-372 (029860)
Resolution 20-373 (085451)
Resolution 20-374 (085452)
Resolution 20-375 (085655)
City Council Page 3
November 24, 2020
c. Petitions for Improvements to Serve NewSpring Commercial Addition. (District II)
RECOMMENDED ACTION: Approve the petitions and budgets, adopt the
resolutions, and authorize the necessary signatures.
Agenda Report No. II-3c
Supporting Documents
Resolution 20-376 (027531)
Resolution 20-377 (027533)
Resolution 20-378 (027536)
Resolution 20-379 (027537)
Resolution 20-380 (085652)
d. Revised Petition for Improvements to Serve The Villas at Oak Creek. (District II)
RECOMMENDED ACTION: Approve the petition and budget, adopt the resolution,
and authorize the necessary signatures.
Agenda Report No. II-3d
Supporting Documents
Resolution 20-381
4. Agreements/Contracts:
a. Renewal of the Contract – Kansas Department of Health and Environment Air Quality
Program Grants.
RECOMMENDED ACTION: Approve the KDHE contract and authorize the necessary
signatures.
Agenda Report No. II-4a
Contract.pdf
5. Property Acquisitions:
a. (PULLED PER CITY MANAGER 11/20/2020) Partial Acquisition of Right-of-Way and
Temporary Construction Easement at 2452 North Hoover for the Hoover Road
Multi-Use Path Project. (District VI)
6. Minutes of Advisory Boards/Commissions:
Design Council September 14, 2020
Library Monthly Activity Report October 2020
MABCD Board of Appeals, October 1, 2020
Design Council October 5, 2020
Board of Park Commissioners, October 12, 2020
Library Board of Directors, October 20, 2020
City Council Page 4
November 24, 2020
RECOMMENDED ACTION: Receive and file.
Uncategorized Items:
7. State Farm Safety Grant.
RECOMMENDED ACTION: Authorize submission and acceptance of the FY 2021
State Farm Safety Grant- Good Neighborhood Citizenship Company Grant.
Agenda Report No. II-7
8. Over Estimate Bid for Stormwater Pump No. 2 at Pump Station No. 3 Repairs.
RECOMMENDED ACTION: Approve the project budget adjustments and authorize
the necessary signatures.
Agenda Report No. II-8
Revised Bid Tab Summary.pdf
9. Agreement to Respread Assessments: The Villas at Oak Creek 2nd Addition.
(District II)
RECOMMENDED ACTION: Approve the agreement, place the amending ordinance
on first reading and authorize the necessary signatures.
Agenda Report No. II-9
Respread Agreement.pdf
Ordinance 51-378
Ordinance Summary 51-378
10. First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Wichita
Downtown Hotel, LLC – Hilton Garden Inn. (District I)
RECOMMENDED ACTION: Place on first reading the Bond Ordinance authorizing
the execution and delivery of documents for the issuance of Industrial Revenue Bonds
for Wichita Downtown Hotel, LLC in an amount not to exceed $13,190,940 and
authorize the necessary signatures.
Agenda Report No. II-10
Ordinance 51-379
11. First Reading of the Bond Ordinance to Issue Industrial Revenue Bonds, Spirit
AeroSystems, Inc. (District III)
RECOMMENDED ACTION: Place on first reading the Bond Ordinance authorizing
the execution and delivery of documents for the issuance of Industrial Revenue Bonds
for Spirit AeroSystems, Inc. in an amount not to exceed $30,000,000 and authorize
the necessary signatures.
Agenda Report No. II-11
City Council Page 5
November 24, 2020
Termination Documents - Series 2009.docx
Termination Documents - Series 2010.docx
Ordinance 51-380
12. Partial Loan Forgiveness Request, Home Repair Program. (District IV)
RECOMMENDED ACTION: Approve the partial loan forgiveness request, subject to
the sale closing within 90 days with payment of no less than $100 to be remitted to the
City, and authorize the necessary signatures.
Agenda Report No. II-12
13. 2019 Community Services Block Grant Budget Adjustment.
RECOMMENDED ACTION: Approve the 2019 Community Services Block Grant
(CSBG) request for budget adjustment.
Agenda Report No. II-13
CSBG Budget Adjustment
14. 2021-2023 Kansas Special Traffic Enforcement Program (STEP) Agreement.
RECOMMENDED ACTION: Review and authorize the submission of the grant
application and authorize the necessary signatures.
Agenda Report No. II-14
15. Federal S.T.O.P. Violence Against Women Grant Application.
RECOMMENDED ACTION: Approve the grant application and authorize the
necessary signatures.
Agenda Report No. II-15
16. Amendment to CARES Act Funding Agreement for United Way of the Plains, Inc.;
COVID-19 Hotel/Motel Isolation Program
RECOMMENDED ACTION: Approve the contract amendment and authorize the
necessary signatures.
Agenda Report No. II-16
1st Amendment United Way COVID Hotel-Motel Isolation Program.docx
17. Second Reading Ordinances:
a. Second Reading Ordinances (first read November 10, 2020)
RECOMMENDED ACTION: Adopt the ordinances.
List of Second Reading Ordinances 11-24-2020.docx
II. CONSENT PLANNING AGENDA ITEMS
City Council Page 6
November 24, 2020
NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of
State law. Adopted policy is that additional hearing on zoning applications will not be
conducted by the City Council unless a statement alleging (1) unfair hearing before the
MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on
the Wednesday preceding this meeting. The Council will determine from the written
statement whether to return the matter to the MAPC for rehearing.
18. A20-06: Consideration of the Annexation Request for a Portion of North Maize Road;
Generally Located Between West 29th Street North and West 37th Street North.
(District V)
RECOMMENDED ACTION: Approve the annexation request, place the ordinance on
first reading, authorize the necessary signatures and instruct the City Clerk to publish
the ordinance after approval on second reading and in coordination with the Planning
Department.
Agenda Report No. II-18
A20 06 -Map Sheet.pdf
Ordinance 51-381
19. SUB2020-00035 -- Plat of Coyote Ranch Addition Located on the East Side of North
143rd Street East, One-Quarter Mile South of East 21st Street North. (County)
RECOMMENDED ACTION: Approve the document and plat and authorize the
necessary signatures.
Agenda Report No. II-19
Application for Water Services
20. VAC2020-00035 – City Vacation of a Five-Foot Building Setback to Allow
Development of a Neighborhood Pool; Generally Located Within One-Half Mile South
of East 31st Street South and Within One-Half Mile East of South Rock Road. (District
II)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
required) and authorize the necessary signatures.
Agenda Report No. II-20
VAC2020 35 -MAPC Min Excerpt.docx
VAC2020 35 -Vacation Order.docx
21. VAC2020-00036 – City Vacation to Revise the Text for Permitted Uses on a Reserve
to Allow Development of a Neighborhood Pool; Generally Located Within One-Half
Mile South of West 29th Street North and Within One-Quarter Mile East of North
Hoover Road. (District V)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
City Council Page 7
November 24, 2020
required) and authorize the necessary signatures.
Agenda Report No. II-21
VAC2020 36 -MAPC Min Excerpt.docx
VAC2020 36 -Vacation Order.docx
22. VAC2020-00037 – City Vacation of a Platted Utility Easement and Drainage
Easement for Construction of a Private Pool; Generally Located Within One-Quarter
Mile of North 143rd Street East and Within One-Half Mile South of East 21st Street
North, 1901 North Woodale. (District II)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
required) and authorize the necessary signatures.
Agenda Report No. II-22
VAC2020 37 -Vacation Order.docx
VAC2020 37 -MAPC Min Excerpt.docx
23. VAC2020-00038 – City Vacation of Access Control and Portions of a Platted
Reserve for Driveway Access; Generally Located on the West Side of North 159th
Street East and Within One-Half Mile south of East 21st Street North. (District II)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
required) and authorize the necessary signatures.
Agenda Report No. II-23
VAC2020 38 -Vacation Order.docx
VAC2020 38 -MAPC Min Excerpt.docx
24. VAC2020-00039 – City Vacation of a Portion of a Platted Floodway Easement to
Construct an In-Ground Pool on Property Zoned SF-5 Single-Family Residential;
Generally Located South of East Kellogg and One-Quarter Mile West of South 143rd
Street East, 13930 East Lakeview Drive. (District II)
RECOMMENDED ACTION: Follow the recommendation of the Metropolitan Area
Planning Commission and approve the Vacation Order (simple majority of four votes
required) and authorize the necessary signatures.
Agenda Report No. II-24
VAC2020 39 -MAPC Min Excerpt.docx
VAC2020 39 -Vacation Order.docx
II. CONSENT HOUSING AGENDA ITEMS - NONE
NOTICE: The City Council is meeting as the governing body of the Housing Authority for
consideration and action on the items on this Agenda, pursuant to State law, HUD, and City
ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda
and adjourned at the conclusion. A Housing Member is also seated with the City Council.
City Council Page 8
November 24, 2020
II. CONSENT AIRPORT AGENDA ITEMS
NOTICE: The City Council is meeting as the governing body of the Airport Authority for
consideration and action on items on this Agenda, pursuant to State law and City ordinance.
The meeting of the Authority is deemed called to order at the start of this Agenda and
adjourned at the conclusion
25. Clemens Aviation, LLC, Supplemental Agreement No. 1, Colonel James Jabara
Airport.
RECOMMENDED ACTION: Approve the supplemental agreement and authorize the
necessary signatures.
Agenda Report No. II-25
Supplemental Agreement No. 1