City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS MAY 11, 2021 MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 11, 2021 Tuesday, 09:00 AM The City Council met in regular session with Brandon Whipple, Brandon Johnson, Becky Tuttle, Bryan Frye, Jared Cerullo, and Cindy Claycomb. (Absent: Jeff Blubaugh) Staff Members Present: Donte Martin, Assistant City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:02 a.m. Approve the minutes of regular meeting on May 4, 2021. MOTION: Mayor Whipple moved to approve the minutes of regular meeting on May 4, 2021. Motion carried 6 to 0, (Absent: Blubaugh). Mayor Whipple read aloud the following Proclamations: National Nurses Week Law Week Facility Management Day Council Member Tuttle stated she would like to recognize our City Attorney, Jennifer Magana, who will be receiving the President's Award from the Wichita Bar Association. I) PUBLIC AGENDA 1.) Celeste Racette - Privatization of the Wichita Ice Rink. Celeste Racette stated when she heard Century II was going to be privately managed, she wondered what it meant. A public building is owned by tax payers and managed by City employees, so what would happen when a private for-profit company, took over management. Who would prevent a private company from cutting corners and shirking their duty to maintain the building? These are her concerns: 1) how would the City enforce contract terms, would there be clawbacks in the contract in case the private company failed to meet the terms. What about accountability, would the City monitor revenues and expenses for timeliness and accuracy; 2) how would the public building be treated and learned through a KORA and an interview with the City Manager that maintenance on Century II has been neglected for over 12 years. If the City isn't taking care of public buildings, how could we expect a private company to do better? Who would be responsible for verifying repairs were made and what would you do if citizens complained about the run down state of a public building being managed by a private for-profit company; 3) what guarantees do citizens have that private managed companies of public buildings like Century II, was not a way for the City to keep citizens away. If the City Manager lets a private company run down  Page 2 CITY COUNCIL PROCEEDINGS MAY 11, 2021 our unique landmark public buildings, how do we stop him? To address her concerns she looked at a public building under private management, the Wichita Ice Rink Center, was built in 1996 for the citizens of Wichita. It is a public building owned by the taxpayers, it is not a private facility. In March 2011, the City entered into a management agreement with Genesis Health Club Management, LLC. The City issued $750,000 in 10-year general obligation bonds to upgrade a fitness space on the second floor of the ice rink and Genesis owner, Rodney Steven was to make regular payments on these bonds. Genesis was to operate and maintain the facility and hire staff, including a manager. She toured the Ice Rink Center on February 12th of this year, there were burned out light bulbs, broken score boards, holes and mold in the walls, plywood on the floor and a broken Zamboni. The pro shop was practically empty but general manager Brian Goth assured her a new shipment of merchandise was coming. Genesis still owes money on the $750,000 debt for building the fitness center and Ice Rink Center. The bonds were issued nearly 10 years ago, so why is there any amount still owed. She returned to the facility just last week, there was still plywood on the floor, mold on the walls, burned out lightbulbs and an empty pro shop. When she asked the general manager why repairs hadn't been made since she last visited, he blamed you all, the City. He said the City had to approve repairs over $2,500; she called the City and was told there were no repair requests for Genesis. The City sent her the section of the contract which states, Genesis has to make maintenance repairs. The ice rink folks have been asking someone from the City including you all, to step in and stop the deterioration of the building and yet nothing has changed. Why would anyone trust you to give management of Century II to a private group and is asking today, who is responsible for enforcing City contracts. 2.) Jolene Taylor - Wichita Ice Center Management. Jolene Taylor stated approximately 10 years ago, several of us in the skating community expressed concerns regarding the proposed management of the Wichita Ice Center by Genesis Health Clubs. Since then, the figure skating program has suffered greatly and much of the building has been neglected. The chillers completely failed and needed to be replaced, which took several months and was a great cost to the City. Multiple general managers have come and gone, membership in the Wichita Figure Skating Club has decreased by more than 50% pre-COVID and we are without a much needed skating director. Genesis implemented an unrealistic payment structure that takes around 50% of a coach's private lesson fee causing our experience coaches to leave Wichita and preventing qualified coaches from coming here. Many times we have pleaded with Genesis to change this to be more in line with other ice rinks in the Midwest, without success. This has caused our skaters to seek lessons in other cities. Years ago standing here, we expressed our goals to host large figure skating events using both the Wichita Ice Center and Intrust Bank Arena, since then we have teamed up with the Wichita Sports Commission and Visit Wichita to host the largest competition United States figure skating has brining thousands of skaters and their families to Wichita and we have been awarded another very large national competition to occur in the near future. These competitions have brought millions of dollars to the City and has put Wichita into the spotlight as a potential host city for Skate America and the United States Figure Skating Championships, both televised events. But we cannot host these events if our figure skating club is not strong, if we do not have a Zamboni that works, or if routine maintenance is ignored. Imagine the embarrassment we felt while doing a walkthrough of the Ice Center with representatives of the United States Figure Skating and finding mold on the walls. We need a management that cares about the facility and works with its user groups. In January of 2020 while we were hosting the synchronized Skating Sectional Championships, two teams of a approximately 20 skaters were kicked out of their warmup room at the Wichita Ice Center by Genesis management, so one person could take a yoga class; some of these teams came as far as California. This occurred despite the fact that we had a contract stating that this space was going to be used for this event. Good management would have been happy to work with us for that one week considering the event made the Ice Center thousands of dollars. No one disputes that Genesis can manage  Page 3 CITY COUNCIL PROCEEDINGS MAY 11, 2021 a health club, but this has not been the case when it comes to the Ice Center. It has been made clear to us over and over that management only cares about the health club upstairs. The Wichita Ice Center has the potential to be one of the best rinks in the country, our skaters should not be going out of town for lessons and those that remain here for lessons should not be paying top dollar for entry level lessons based upon the health club pay structure that does not work in figure skating. Please do not let Genesis manage this facility any longer, 10 years has been long enough. 3.) Tammi Joseph - Wichita Ice Center Management. Tammi Joseph stated she is the president of the Wichita Figure Skating Club and a mom of a figure skater. We have seen and experienced the changes at the Wichita Ice Center first hand. Six general managers and six figure skating directors. When management changed over the last 10 years, we noticed a sharp decline in the programs offered, club membership, learned skate students and the number of coaches. We are now at four adult coaches, two of which are college students who grew up skating and competing here. This decline in coaches is a direct result of Genesis management coaching pay scale that they implemented. They made up their own levels of coaches that are not in accordance with the Professional Skaters Association or United States Figure Skating recommendations. My removing coaches as 1099 contractors and deciding on their level and therefore their lesson rate of which Genesis retains anywhere from 40 to 55%, they have forced many higher level coaches to leave and skaters to follow. Our skaters are traveling to Oklahoma City, Michigan, Colorado, Tulsa, Dallas and Kansas City to work with their coaches. Even after receiving a letter from the United States Figure Skating explaining best practices for coaches used all across the country, Genesis ignored their suggestions. The facility itself has also declined. Routine maintenance is ignored and minuscule amounts of marketing of programs are offered in direct opposition of what is stated and expected in the contract between Genesis and the City of Wichita. Even the Park & Recreation website doesn't list the programs offered at the Ice Center, let alone the digital billboard on Kellogg, it always promotes the programs that Genesis offers at the rink and their 13th and Rock location. In addition other areas have suffered because of delinquent or delayed payments; vendors no longer have relationships with the pro-shop leaving it practically void of figure skating and hockey equipment; this also applies to the party packages at the rink. Some local restaurants will no longer work with the Ice Center because of lack of payments, the skate sharpener is dull and outdated, and skaters have to go to Kansas City to get skates sharpened because the machine here hasn't been updated with new bids to accommodate sharpening the new types of blades. The staff is also not trained correctly on how to sharpen figure skating blades, which has resulted in several skater's blades being ruined at the cost of around $700 for a set of blades. The Wichita Ice Center was and can be again a premier location for ice sports, we have the opportunity to make it a beacon in the region again and attract high visibility events with Visit Wichita and United States Figure Skating. We need a management group that has specific experience with ice rink management, program development, coaching and marketing of the activities available and of the facility itself. 4.) Sybil Strum - Where are my missing items? Sybil Strum stated the house you gave her doesn't have storm windows and the heater doesn't work. When you decided to tear down her house, she did not get that memo and wants to know where all of her stuff went. Where is her Victorian tub, which is worth $2,468? She also had storm doors on her old house, granite counter top and flags and wants to know where they went. She was bullied into signing a contract to tear her house down and now she has a loan that she has to pay off now. Stated she has been treated like a no body and wants to know where her stuff is.  Page 4 CITY COUNCIL PROCEEDINGS MAY 11, 2021 5.) Laura Lombard - Wichita Adjustment to Climate Change. Laura Lombard stated what she is going to talk about today could be part of a sustainability plan, which is economic development. She would love to see the City start to plan how we can capture more clean energy and clean technology companies to come here. In some of the discussions she has been having with youth in our area, she is finding more and more that they are planning to leave because Wichita isn't attracting those types of opportunities for their potential job growth down the road. As we are thinking about sustainability holistically, part of that is insuring that we give opportunities for our youth and for our talent to really stay here and that is one of the things she wants us to be thinking about and is asking that as a City we are creating more plans around that. We will see with the new Biden administration, if they get the Two Trillion Plan through, the Americans Job Plan but regardless of that, clean energy is the most up and coming sector in our country and would love to see us start creating a plan around attracting those types of companies here. You have created some great incentive plans for companies and thinks some of them that we currently have such as the Opportunity Zones, to look at structures like that and maybe create one that is specific for clean energy companies, which will be jobs that will last. Vice Mayor Johnson asked Ms. Lombard if she has talked to any of these companies. Stated he knows some folks who work at some of these companies in California and other places and one of the concerns they raised with him was the ongoing battle between some of our utility companies here in Kansas, the solar rates and paying back and asked if that is something she is hearing. Laura Lombard stated a little but based off a lot of the great work that the climate and energy projects have done and other Sierra Clubs, it seems like some of those battles are coming to an end or at least have had more positive results and thinks that is something we can highlight in the future and maybe we can highlight that. II) CONSENT AGENDA ITEMS 1 THROUGH 19 Council Member Frye stated due to a conflict of interest on item 13, he will be abstaining from the consent agenda vote. Vice Mayor Johnson stated he wants to highlight item 7, College Hill and MacAdams will be getting new playground surfaces both going from sand to engineer wood fiber, which is exciting for both communities. Mayor Whipple stated also highlighting the Department of Justice Protect Safe Neighborhoods grant program to reduce violence would have the potential to bring in $140,000 that we would split with Garden City and to help us out. MOTION: Mayor Whipple moved to approve consent agenda items 1 through 13 in accordance with the recommended actions shown thereon. Motion carried 5 to 0, (Abstained: Frye; Absent: Blubaugh).  Page 5 CITY COUNCIL PROCEEDINGS MAY 11, 2021 COUNCIL BUSINESS III) BOARD OF BIDS AND CONTRACTS 1.) Report of Board of Bids and Contracts and WAA Board of Bids and Contracts dated May 10, 2021. Attachment: 05-10-2021 Board of Bids.pdf Attachment: 05-10-2021 Board of Bids WAA.pdf Hannah Lang, Finance Department, presented the items. MOTION: Mayor Whipple moved to receive and file reports, approve the contracts and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). IV) PETITIONS FOR PUBLIC IMPROVEMENTS - NONE V) UNFINISHED COUNCIL BUSINESS - NONE VI) NEW COUNCIL BUSINESS 1.) 2020 BIKE AND PEDESTRIAN MULTIMODAL ACCOMMODATIONS. Attachment: Agenda Report No. VI-1.doc Attachment: Resolution 21-143 Gary Janzen, Public Works Engineering, presented the item. Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the budget, adopt the resolution, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 2.) STORM WATER SEWER EXTENSION PETITION AT THE SOUTHWEST CORNER OF 9TH AND HILLSIDE. (DISTRICT I) Attachment: Agenda Report No. VI-2.doc Attachment: Supporting Documents.pdf Attachment: Resolution 21-144 Gary Janzen, Public Works Engineering, presented the item.  Page 6 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Vice Mayor Johnson moved to approve the project and petition, adopt the resolution, and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 3.) WATER PRODUCTION – WELL REHABILITATION. Attachment: Agenda Report No. VI-3.docx Attachment: Resolution 21-145 Attachment: Resolution No. 21-145 (NOI) Don Henry, Public Works & Utilities, presented the item. Mayor Whipple inquired whether anyone from the audience wished to speak; no one came forward. MOTION: Mayor Whipple moved to approve the budget, adopt the resolution and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 4.) WATER SUPPLY REHABILITATION PROJECT 2021. Attachment: Agenda Report No. VI-4.doc Attachment: NOI Resolution 21-146 Attachment: Resolution No. 21-146 Don Henry, Public Works & Utilities, presented the item. (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Vice Mayor Johnson stated after you find these covers, how do you keep track of them. Don Henry Public Works & Utilities stated you can do it with GIS and mark an x, y coordinate and another way is through physical mapping and we will work those details out as they get this designed up. Mayor Whipple inquired whether anyone from the audience wished to speak. 1) Celeste Racette stated we all know that the water maintenance and water line from Cheney to Wichita is an aging infrastructure that is going to cost millions of dollars. Stated she heard staff report that it may come out of rates and asked when you approve the CIP to put documentation in that report as to whether it is going to impact water utility rates for citizens of Wichita. Council Member Tuttle stated her notes say there is no impact on rates and asked staff for clarification.  Page 7 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Don Henry Public Works & Utilities stated that is correct, this project has been accounted for and the adopted CIP in the cost of service analysis so there will be no additional impact on rates with initiation of this project. MOTION: Mayor Whipple moved to approve the budget, adopt the resolution and authorize the necessary signatures. Per Charter Ordinance 211, this item requires a two-thirds majority vote (five votes required). Motion carried 6 to 0, (Absent: Blubaugh). 5.) ORDINANCE AMENDING SECTION 7.60.040 OF THE CODE OF THE CITY OF WICHITA PERTAINING TO TOBACCO. Attachment: Agenda Report No. VI-5.doc Attachment: Ordinance 51-553 Attachment: Delineated Ordinance Sharon Dickgrafe, Law Department, presented the item. Council Member Tuttle stated we have our community partners from Tobacco Free Wichita here who would also be able to answer any questions from the bench if there is any. Vice Mayor Johnson thanked Council Member Frye for highlighting where this issue was and bringing it to his attention and is glad to support changing this ordinance to make sure that young people aren't punished at their jobs for not being able to sell tobacco. Mayor Whipple stated this seemed to be an oversite in the original draft that folks who are 18 can now sell alcohol and legally they can sell cigarettes as well as alcohol as they work their job; however the ordinance added a higher bar by making those folks 21 just to sell cigarettes. Stated this is correcting what was likely an oversite. Mayor Whipple inquired whether anyone from the audience wished to speak; no on came forward. MOTION: Council Member Frye moved to place the ordinance on first reading and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 6.) MULTIMODAL CENTER. (DISTRICT IV) Attachment: Agenda Report No. VI-6.doc Attachment: Wichita Transit Multimodal Facility Contract 5.5.21.docx Paul Gunzelman, Engineering Department, presented the item. Mayor Whipple inquired whether anyone from the audience wished to speak.  Page 8 CITY COUNCIL PROCEEDINGS MAY 11, 2021 1) Celeste Racette stated she didn't hear how much the grant was that is helping with this cost. Mayor Whipple stated $14 million. Vice Mayor Johnson stated this is great to be moving forward, there was some concerns about parking around the stadium as this moves forward and comes to completion there is more parking opportunities in the multimodal facility. Stated as development north of the stadium happens in the future, there will be more parking there so we are not done with parking around the new stadium. Council Member Frye stated he wants to clarify some timing for the public. Stated phase one gets us to 30% design and that is expected to be done within 13 weeks. Paul Gunzelman, Engineering Department stated yes. Council Member Frye stated he knows this is a very lengthy project and it seems like it is taking forever and wants to stress the dates and deliverables for the public. Paul Gunzelman, Engineering Department stated we anticipate having the 30% plans completed in August and then 60% design completed late this year and then early next spring, 90% design completed with 100% contract documents in May. MOTION: Mayor Whipple moved to approve the contract and authorize the necessary signatures. Motion carried 6 to 0, (Absent: Blubaugh). 7.) CODE OF ETHICS. Attachment: Agenda Report No. VI-7.doc Attachment: Code of Ethics for City of Wichita Officials Final.pdf Donte Martin Assistant City Manager, presented the item. Mayor Whipple inquired whether anyone from the audience wished to speak. 1) Celeste Racette stated she wants to point out some minor modifications of this ethics policy for the future. Stated the financial cost was set at $10,000 to $20,000 but you have to pay for an ethics officer so you need to budget a reasonable salary for someone who is experienced in financial, accounting and legal considerations, so the cost is going to be more than that. Stated under item F. any conflicts of interest by refraining from participating in decisions, which involve a business entity or family. Stated she hopes this would include development involving TIF projects. Stated G. addresses constituent's concerns and needs. Stated you heard today from two representatives of the Wichita Ice Center who brought to you concerns and questions and have brought those to you in the past and wonders if this is really something that you are going to honor. Stated it says you are going to strive to provide the highest level of service. Stated she is not seeing that right now but hopes to see that in the future. Stated I. says you will refrain from assisting and representing the private interests of another before any commission or board or unduly influencing City staff. Stated she hopes that would include presentations you post on Wichita.gov where you are promoting a developer's TIF district. Stated K. says you will refrain from making any promise private in nature that would require an official to act beyond the proper scope of the duties of the office.  Page 9 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Stated what about after that officer leaves; what if the former Mayor decides he is going to throw out the first pitch at the ball stadium; did he make a promise while he was in office? Stated you should consider whether that includes that official who doesn't get reelected if they have made promises to developers and if that includes that behavior. Stated L. says never use any information coming to an official confidentially for making a private profit and cautions the Council that should also extend to any of your friends who might benefit from "insider trading stock trading," by buying up the land around the ball stadium to sell back to the City at double the price. Stated the ethics officer needs to be independent and doesn't see in here who they are reporting to for an annual review but it needs to be beyond the City Manager's purview, they need to be reporting to you so that their performance evaluation and annual review is not done by the City Manager but done through you or another entity beyond the City Manager's control. Council Member Tuttle stated there isn't an actual hired ethics officer, the ethics officer is the chair of the Ethics Advisory Board, so each of the seven of us will appoint one member of the Ethics Advisory Board and that seven member board will appoint a chair who is the ethics officer. Stated there isn't going to be a position hired and no need for a budget for that and they also will not be supervised by the City Manager or by anyone else because it will be a voluntary board. Mayor Whipple stated the administrative side of our local government falls under a different ethics policy. Stated this policy is for the policy side of our local government and the City Manager does not have oversight over this policy because it is solely over the policy side. 2) Karl Peterjohn stated this is an issue that struggles not only here but across the street, Topeka and nationally. Stated he has a couple of points he would like the Council to consider as you look at this policy going forward because at times local officials here in Kansas, have to serve as a quasi-judicial body in some challenging situations when you are in that role. Stated it is imperative that the ethics policy reflects that fact and reflects at the state level a requirement when legislature is in session, that you cannot receive or solicit campaign donations during the legislative session. Stated that should be considered as part of this policy going forward. Stated he urges the Council to look at the idea of restricting contributions politically so that it is clear that what you all are doing is looking at the public's interest and avoiding any of the problems that occur for conflicts. Stated it is important that you separate the campaign donations from Council actions particularly when you all are serving in a quasi-judicial capacity. 3) John Todd 1559 N. Payne stated he believes the ethics policy is a first step and a quality of life issue for the citizens of our community who deserve fair and open transparent government. Stated there may be some need to expand this to staff and would suggest that there be enforceable penalties added so that if there are violations, they are held with. Council Member Tuttle stated there is already a code of ethics for staff and this is separate from that. Stated regarding consequences, there is a fining system in here, which we have discussed robustly on how that would be paid and by whom it would have to be paid; so both of those issues have been addressed. Vice Mayor Johnson stated he would like us to consider on page 4 under the qualifications, item #4. Stated he knows we are looking at having the Ethics Advisory Board define "active member" but we might consider putting some parameters around that to start with since we will review it every year. Stated defining that as an active member or political parity's caucus, axillary group or political party's committee, so if there is on the democratic side, a Democratic Women's group; it is a part of the party, an axillary group of a party. Stated that way some of the concerns he has seen is that folks who want to  Page 10 CITY COUNCIL PROCEEDINGS MAY 11, 2021 volunteer for a party or some concerned citizen that is not a part of those actual groups but like a particular candidate, that they would still be eligible. Mayor Whipple stated he got some feedback from the Kansas Ethics Executive Director who picked up on some of that and most of it is just small to avoid confusion type stuff but one of the things he said is that it could be interpreted too broadly, which is not our intent. Stated his comment was that maybe recent partisan elected official, so if you are elected to a position within a political organization, that would exclude you for this. Vice Mayor Johnson stated he doesn't know if we need to put it in there but for the purposes of the Ethics Advisory Board, maybe just this conversation and some direction around those specifics, that way it is not interpreted too broadly. Council Member Frye stated he concurs and thinks this has become too broad and is going to be very limiting on trying to get qualified people who are willing to do this. Stated we need to have a greater pool of people and need to hear back the suggestions to get it down. Mayor Whipple stated for those of you who are watching, the question is about the interpretation of the wording of active member of a political party and an active member of a political party to us, was more of actually involved in a political organization and the concern is more that if it is interpreted too broadly, than anyone who is actively voting as claiming a party, might be excluded, which is not what we would want. Council Member Tuttle stated one question she wants to address while having this conversation is next steps. Stated she has had people ask her when this will be implemented, is there an idea on the time frame for the board being put into place. Stated it took a while for this process and would like to let them know that the next steps will be happening quickly. Donte Martin Assistant City Manager stated if Council adopts the policy, it becomes effective immediately. Stated staff will take necessary steps to support the policy, reporting requirements for example to the City Clerk. Stated we will also work with the Mayor and Council for the appointees to the Ethics Advisory board and staff is already working on a code of conduct with social media policies and those other areas that were recommended by NLC but not covered by the current document. Stated work begins immediately. Council Member Frye stated he wants to stress that this is a next step in where we are headed. Stated there have been ethics policies in the past and for whatever reason they have not gained enough public trust and for us to be successful at this, we as Council are going to have to continue to review it on an annual basis to make sure what is working and not working. Stated it can't just be for show, it has to be something that is going to continue to improve this climate in the community. Stated it doesn't really say in there that there is an annual review by this Body but it needs to be part of this ongoing discussion. Council Member Tuttle stated it does reference that on page 1 it says "this document should be interpreted in conjunction with the City's Code of Conduct, Campaign Finance Policy and Social Media Policy, which will be formally adopted later. All four documents will be reviewed annually." Council Member Frye stated it is not really specific, it doesn't say at the end of the year.  Page 11 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple stated the annual review of this is a really good inclusion as cities grow their ethics policies usually grow and you want to be agile to adapt to any type of change in circumstances. Council Member Tuttle stated she wants to make sure that we recognize staff, especially the Manager's office and fellow who put in a great deal of time and effort into this document and process and is proud that we took the time to take it to our DABs and held a social media town hall. Vice Mayor Johnson stated he has one comment and potentially two amendments. Stated he and the Mayor talked about this and is something for the Body to consider, if we could do the annual reviews before the June 1st filling deadline, which would give us and any candidate potentially an opportunity to see any changes in policies we may have before the campaign started. Mayor Whipple stated we also discussed setting an annual meeting in June or February where this board would meet if there are no complaints, to go over the policy and to make recommendations on training or anything else that might be prevalent in the world of municipal ethics. Stated June 1st or early in May is a good idea and is not sure if we need to put that in writing or in the policy but is not against it and thinks it is a good idea. Council Member Claycomb stated she is fine with that and thinks the last time she asked the City Manager about putting something like that in the policy, he suggested that we make that outside of the policy and as a part of our process. Stated she would suggest that whatever adjustments we make, that those not be done in the middle of a campaign that they be for the next cycle. Stated even right before June 1st filing deadline, people have filed before June 1st and start filing in January sometimes and thinks we have to be careful about how we do that. Mayor Whipple stated the will of an annual meeting but still flexibility if we wanted to move forward with this. Stated he is not suggesting we have to; something about an annual meeting that would take place no later than June 1st, which would open it up for the first half of the year. Stated there is some language in our policy about conducting a review of the City Manager and it doesn't give us a date, it just says no later than this timeframe, so that is where he was thinking with this proposed language. Vice Mayor Johnson stated so he understands Council Member Claycomb’s comment, maybe if there were changes it wouldn't be effective during that campaign year, it would be the next cycle. Council Member Claycomb stated that is what she is suggesting. Donte Martin Assistant City Manager stated going back to Council Member's question earlier about the effective date of the Council Policy; Council has the authority to set the effective date so with certain policy changes you may want to become effective immediately and with others you may want to take effect on a date certain. Mayor Whipple asked if we want to add "no later than June 1st" after all four documents will be reviewed annually? Vice Mayor Johnson stated he is fine with May 1st, June 1st is the filing deadline and wants to just make sure it happens early. Stated it wouldn't change the current year but at least it gets it out of the way.  Page 12 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Council Member Claycomb stated what the Assistant City Manager said in terms of Council can make a decision if we make changes that this is effective immediately or effective in the future, which takes care of her concern and would be okay with May or June 1st. MOTION: Mayor Whipple moved to amend on page 1 to read "All four documents will be reviewed annually, no later than May 1st. Jennifer Magana City Attorney asked to clarify, is this motion just to amend the document or approve the entire document with that language. Mayor Whipple stated just to amend and will keep it open for other ideas. Motion carried 6 to 0, (Absent: Blubaugh). MOTION: Vice Mayor Johnson moved to define on page 1 an active member of a political party, as a member of a political party's caucus, member of a political party's axillary group, and member of a political party's committee. Council Member Claycomb stated to be clear, on page 4, item 4, we are voting to add "nor an active member of a political party's caucus, axillary group or committee. Vice Mayor Johnson stated right. Council Member Frye stated the rest of that is struck. Vice Mayor Johnson stated no that wasn't part of his motion but is not opposed to it. Mayor Whipple stated he thought he was making a definition of what political active is and not so much striking. Vice Mayor Johnson stated he was just defining that piece to be put under definitions on page 1 so that way it is specifically defined. Council Member Claycomb stated you are adding a definition on page 1. Vice Mayor Johnson stated of that, the question has been even at his DAB, what does an active member for a political party mean and wants to make sure that we define that on page 1. Council Member Claycomb asked what that definition is. Vice Mayor Johnson stated it would be a member of a political party's caucus, a member of a political party's axillary group, or a member of a political party's committee. Mayor Whipple stated the paragraph on page 4 would remain the same. Motion carried 6 to 0, (Absent: Blubaugh).  Page 13 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Council Member Frye stated now if we go back to item 4; is there a motion on that? Mayor Whipple stated there has not been a motion on item 4. Council Member Frye stated on item 4, that last sentence, "an active member of any partisan or nonpartisan political club or organization," feels very limiting to him and needs to be removed especially now that we've added this specific language about the political party, that he thinks merits removing that and will make a motion. MOTION: Council Member Frye moved to remove that section from item 4. Motion failed due to lack of second. Mayor Whipple stated so we are removing "may not be an elected or appointed member of any local, state, or national committee of any political party, nor an active member of a political party or active member of any partisan or nonpartisan political club or organization." Council Member Frye stated his motion was to remove that last section "active member or any partisan or nonpartisan political club or organization." Mayor Whipple stated if we strike active member of any partisan or nonpartisan political club or organization, then we just added a definition and now we don't have the term to define. Vice Mayor Johnson stated Council Member Frye meant that the wording after "nor an active member of a political party be struck" because the active member of a political party was defined on page 1. Mayor Whipple stated his concern with this amendment is that we would now open it up to people who are active in the political arena and active in what some would assume campaigning but not technically a political party. Council Member Claycomb stated what she is hearing is that it is too broad and if we could find a way of tightening it up and the example given makes it perfectly clear but could imagine that there would be some group that someone might think is a political club and another might not think it is a political club. Mayor Whipple stated an example would be to participate in politics would be a political club and thinks there are organizations that are technically not partisan political clubs, which would insinuate that there is a particular structure, his thought is that would be different than educational organizations. Vice Mayor Johnson asked if it would clear it up to say a member of a political advocacy group or organization, that way it is not singling out one particular one but trying to keep away just from politics in general. Mayor Whipple stated he thinks that is the goal of this line and is not sure if it truly needs to be; there is going to really be a problem but the goal is to not just focus on political identity but also ideology. Stated the goal is to have a neutral perspective presented and that was the goal of this section. Council Member Claycomb stated what we might be getting into is, if we support an organization then we are okay with them being on there and if we don't support an organization, then we are not okay. Stated this morning we had the Tobacco Free Wichita organization here who is an advocacy group, non-partisan  Page 14 CITY COUNCIL PROCEEDINGS MAY 11, 2021 and wonders if she cannot appoint someone that is active in that organization based on this qualification statement, and I might want to. Stated that is a group that is well known and that she agrees with their policies; would they be stricken from being appointed. Mayor Whipple stated it would depend on whether they had a policy or political agenda and if they participated in campaigning. Stated they do have a policy agenda. Council Member Claycomb stated correct and it is educational and an advocacy group. Stated it just seems overly broad right now. Mayor Whipple stated let's talk about examples; the idea of the anti-tobacco organization or the pro tobacco organization, does that count as an active member of any partisan or non-partisan political club or organization and thus preclude these folks from being on a committee. Stated we know there are political pacts, political non-profits, 501(c)(4) that are very heavily active in campaigning and thinks the interpretation is to exclude partisan type organizations because we want people who people who won't come in with an agenda while serving. Vice Mayor Johnson asked if it would be easier to say a non-partisan 501(c)(4) political group because the Tobacco Free Wichita is a (c)(3), they are advocacy but by law, (c)(3's) can't really advocate too much with the majority of their funds, it is just all about education. Mayor Whipple stated he has no one that he will be appointing that represents a political club and is not too concerned with this but thinks clarity is important. Council Member Tuttle stated she thinks the intent is that we don't want political affiliations but now we are saying we don't want community members who are engaged in organizations with what they are passionate about and that is exactly what we want people to do in this community. Stated if we start getting that far in the weeds that we are going to limit it so much that she doesn't even know if we will find human beings that will actually be appointed for this role. Mayor Whipple stated there is nothing in this that would stop someone who works for a 501(c)(3) for a non-profit for a community organization from being appointed, unless that person is an active member of a political club or organization whether it is partisan or not. Stated this part here was taken from either Tulsa's ordinance or maybe Kansas City, Kansas ordinance, so it follows an object-able standard that everyone needs to lean towards some of their ruling to see how they are exactly determining this but it is finding that balance of insuring that. Stated we have political organizations that are technically non- partisan, they are not associated with one of the major parties but they are very influential and in many cases more influential than the political parties and asked if we want ideological representation on this board or not. Stated that was the purpose of not having a political party, there was concern about ideology and bias. Council Member Cerullo stated he agrees with Council Member Frye that the last part needs to be struck and would be comfortable if number 4. said, "May not be an elected or appointed or active member of any local, state, or national political committee or political party. Council Member Frye stated the issue he is having with the last part of 4. is the definition of active member; what is that? Stated we define active member of the political party but not what it means for active member of a partisan party or non-partisan political club organization and where is that limit, is it someone who makes a donation to the party; someone who puts up a yard sign; is that defined as an active  Page 15 CITY COUNCIL PROCEEDINGS MAY 11, 2021 member. Stated that is where this becomes way too broad because you don't know what that definition is and that is why he is asking that it be struck and likes Council Member Cerullo’s amendment. Council Member Cerullo stated it is a friendly amendment. Mayor Whipple stated an amendment has been discussed and we still have a motion that hasn't been seconded, so we are still in discussion. Council Member Claycomb stated she thinks there is something else that adds protection to this and sometimes we don't use it but it does say in under membership, "The Ethics Advisory Board shall have seven members. Each Council Member and the Mayor shall have one appointments, which requires approval by a majority of the Council." (Mayor Whipple momentarily left the bench; Vice Mayor Johnson in the chair) Stated is someone truly believed that another appointee should not be appointed, that is the place. Stated we don't typically use that but we could so by taking out this that Council Member Frye mentioned and Council Member Cerullo' s amendment; this approval process could help with some of the concerns of the Mayor and Vice Mayor. SUBSTITUTE MOTION: Council Member Cerullo moved to amend make number 4 say, "may not be an elected, appointed, or active member of any local, state, or national political committee or political party.". Vice Mayor Johnson stated Council Member Cerullo can make that motion because Council Member Frye has a motion on the floor. Council Member Frye stated there was never a second on his motion, so he can make a substitute motion. Council Member Cerullo asked to be refreshed on Council Member Frye's motion. Council Member Frye stated you can make a substitute motion. Council Member Cerullo stated he is not sure what your motion was. Council Member Frye stated to strike that last segment. Mayor Whipple stated we are having discussion of a potential motion, which is what we are doing right now. Stated a motion isn't a motion until it is stated clearly and seconded. Stated right now we are discussing what could be a potential motion, we are not discussion a motion because it hasn't been seconded. (Council Member Frye momentarily left the bench) Vice Mayor Johnson stated Council Member Frye had a motion, it was not seconded, Council Member Cerullo then made a motion, so I wrongly told him he couldn't make that motion because I wasn't aware that Council Member Frye's motion didn't have a second. Stated Council Member Cerullo is making a motion due to Council Member Frye's not being seconded.  Page 16 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple asked what the motion is. SUBSTITUTE MOTION: Council Member Cerullo moved to make number 4 say, "may not be an elected, appointed, or active member of any local, state, or national political committee or political party." Motion failed due to lack of second. Council Member Tuttle stated saying again that a community member that we appoint can't be part of a political party is like asking people who aren't engaged in the community and was her only angst with Council Member Cerullo' s substitute motion. Mayor Whipple stated he is not sure if the current language needs cleaned at this point or not. Vice Mayor Johnson stated he is okay with the definition that we did and is also okay with just reviewing in a year and seeing where the appointments go now about these concerns mainly because it is hard to get that deep into the weeds right now. Stated he understands what his colleagues are getting at with the removal of that second piece but your point, he gets as well. Stated trying to be specific enough to get where we are targeting but not limit public participation right now. Mayor Whipple stated any member to this board has to be approved by all of us so that if there is any object-able concerns we can deal with that as we see and is one reason he is not too worried about it. Stated what this currently is, is that this document will go into Wichita Council Policy as #38. Stated the current ethics policy will still stand in the ordinance as the two are not in conflict. Jennifer Magana City Attorney stated it will be there to be a helpful transition until these policies are in and the board is in place and staff has taken all necessary action. Stated that can be considered whether a repeal is necessary or appropriate at the time that things look like they are ready to go on the new Council policy. Mayor Whipple stated he thinks the two actually complement each other, his hope would be that as we have in page 1, where we reference other documents that we hope to work on, where we use the language "should be interpreted in conjunction with." Stated he was going to bring this up and maybe make a motion that we would add a line to the ordinance section 2.04.050 that would say, "this section should be interpreted in conjunction with the City Council's policy #38." Stated that would link the two and keep us in similar approach as we are as where this is also linking the other documents. Jennifer Magana City Attorney stated what you are asking would need some further consideration to compare the existing ordinance to make sure that is the direction you want to continue. Vice Mayor Johnson stated he would second further discussion because he doesn't know if we need that ordinance today to review and then change that. Jennifer Magana City Attorney stated she doesn't think any action is needed today on that ordinance and thinks it is okay to leave it until we get some details and processes completed on the policy. Mayor Whipple stated that is not the question; the question is would we need the ordinance on the table to amend that ordinance. Jennifer Magana City Attorney stated she doesn't understand the question.  Page 17 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple stated your response was more of an opinion. Stated the question was if we wanted to link the ordinance to this so that they in conjunction and interpreting conjunction, is it out of order to do so without the ordinance on the table currently. Jennifer Magana City Attorney stated we would need to draft a repeal ordinance and we don't have that ready, so it is not something we are prepared to recommend today to take action on that ordinance. Mayor Whipple asked what would need to be repealed. Jennifer Magana City Attorney stated to link it to amend the ordinance or incorporate it into the policy; are you suggesting just to incorporate it into this policy? Mayor Whipple City Attorney stated his suggestion would have been to just add the line that is taken from page 1 of this policy that was slightly changed, to the current ordinance of ethics that says, "this section should be interpreted in conjunction with the City Council's Policy #38." Stated it would just connect the two. Jennifer Magana City Attorney stated that would be amending the current ordinance and it would be her opinion that we are not prepared to do that today without a draft document. Stated it needs to be drafted, put on first reading, so it is her position that we are not prepared to do that at this time. Council Member Claycomb stated she also would not be in favor of linking those today. Stated she needs to go back and look at that ordinance and thinks it has things in it that we have not defined and from the very beginning, her thought was that this new Council Policy would replace that one, so she would need some time to go back and study that before being prepared to vote. Mayor Whipple stated it is a good point, is do we want this to replace the old one or be added and as we know now it is not in conflict and thinks Legals advice is to proceed with this and then there will be a transition. Jennifer Magana City Attorney stated technically under the ordinance is says we need to draft an ordinance for your review and she needs to sign off and doesn't think it is something we can do just on a motion. Vice Mayor Johnson stated he is not opposed to what the Mayor said but like Council Member Claycomb, thought we would do policy now but this actual wording would be ordinance later because the ordinance was kind of the issue we had to begin with and wants to make sure that in ordinance there was some stronger wording and that was kind of the work we were doing. Stated policy is what we had to do now but thought that would change later in the work of the actual ordinance would get drafted and maybe come back to Council at some point. Mayor Whipple stated his understanding is they hold the same weight, that it just seemed more appropriate to be in policy than ordinance and will default to Legal to give a better understanding of why this is in #38 Council Policy opposed to being in the ordinance. Jennifer Magana City Attorney stated the existing ordinance was drafted more as a policy and probably would have best been placed as a Council Policy based on the way it was drafted. Stated it doesn't have the typical form of an ordinance, it is more of a policy statement.  Page 18 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple stated when reviewing our ordinances earlier this year, particularly when it came to mask mandates, we learned that an ordinance needs to have a penalty drafted in it as well and our current Ethics Policy an ordinance is the only ordinance that really didn't have a direct financial penalty attached and there was some discussion back then that might sustain the thought that, that would have been better in policy to begin with. Jennifer Magana City Attorney stated yes and no; not all ordinances have a penalty provision because they are not all an enforceable act but what we are doing today is best suited for a Council Policy. Stated if you look at other existing Council Policies, this seems to fit best as a Council Policy. Mayor Whipple stated just for clarification, putting this in Council Policy in no way weakens it opposed to if it was in ordinance as far as how it is applied. Jennifer Magana City Attorney stated both can be adopted, amended, modified by Council and doesn't think it weakens it. Mayor Whipple stated he will agree that we can relook at adding that line on how to connect or coordinate the two and thinks that they both being there means that they will be coordinated and is comfortable with moving forward with the document as it is. Donte Martin Assistant City Manager stated staff is going to come back with a Code of Conduct discussion about social media policies and thinks there is an opportunity then for the Council and staff to discuss the relationship between those policies and the ordinance and make a decision as to what direction Council would like to follow. Mayor Whipple stated for clarification, at the point that this is adopted and put into action, the ordinance is also still exactly like it is and in practice these two will be taken in conjunction with each other. Stated we won't have unattended consequences with them both being on the books, will we? Donte Martin Assistant City Manager stated based on what she heard the City Attorney say, the Council Policy #38 if adopted and the existing City ordinance would support each other and do not conflict with each other. Vice Mayor Johnson stated he is fine with this as is, his only technical piece is, he knows that staff said they have been working on being ready for this, if we voted and this was effective immediately, how does that impact reporting, do we have all of that set up to start or does that need to be effective like June 1st. Donte Martin Assistant City Manager stated as far as the annual reporting requirements, thinks the adoption of Council Policy #38 would provide staff the necessary direction to develop processes, procedures and forms to support the Council Policy. Stated it would also allow the Council the opportunity to begin forming the Ethics Advisory Board and doesn't think the requirements or the dependency of staff to deliver needs to be in place prior to the Council Policy becoming effective. Vice Mayor Johnson stated his only concern is that he wants to make sure he goes above and beyond on not being unethical and as we are looking at that $150 limit, he has three lunches this week so is he keeping track now or are we putting that in the smart sheet or do we need to make this effective in June where all of that is set up so once it is done, we can start plugging that in.  Page 19 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Mayor Whipple stated his understanding is that lunches are excluded unless they give you gifts at the lunches. MOTION: Mayor Whipple moved to adopt the Code of Ethics for the Mayor, City Council and Advisory Board Members of the City of Wichita as Council Policy#38. Council Member Frye asked if there was a motion from Council Member Cerullo that was on the floor. Mayor Whipple stated yes there was a motion and it was not seconded. Motion carried 6 to 0, (Absent: Blubaugh). COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES PLANNING AGENDA VII) NON-CONSENT PLANNING AGENDA 1.) ZON2021-00003 WITH CON2021-00004- CITY ZONE CHANGE FROM GC GENERAL COMMERCIAL (GC) ON 0.5 ACRE TO GI GENERAL INDUSTRIAL (GI) AND A CONDITIONAL USE TO ALLOW FOR THE STORAGE OF WRECKED VEHICLES AND AN IMPOUND LOT ON 1.71 ACRES; GENERALLY LOCATED 350 FEET WEST OF NORTH BROADWAY AND 150 FEET SOUTH OF EAST 29TH STREET NORTH BETWEEN NORTH MARKET AND PARK PLACE. (DISTRICT VI) Attachment: Agenda Report No. VII-1 Attachment: 2021-04-08 MAPC Excerpt Minutes.docx Attachment: Protest Map.pdf Attachment: DAB 6 Memo.pdf Attachment: Resolution 21-147 Attachment: Ordinance No. 51-554 Attachment: DAB 6 Revised Memo.docx Scott Wadle, Planning Director, presented the item. (Vice Mayor Johnson momentarily left the bench) Council Member Claycomb stated this is a tough case, if you look at the pictures that were shown by staff, there is a lot of mixed use in this area. Stated area south of this is truly single family houses and this would abut right to this salvage yard, which is a tough transition from SF-5 right to a salvage yard. Stated based on the almost 90% protest and that this doesn't fit the character of the neighborhood she will make a motion to deny the zoning change.  Page 20 CITY COUNCIL PROCEEDINGS MAY 11, 2021 MOTION: Council Member Claycomb moved to deny the zone change and conditional use. Motion carried 5 to 1 (Nay: Bryan Frye, Absent: Blubaugh). 2.) PUD2021-00002 - CITY ZONE CHANGE FROM SF-5 SINGLE FAMILY RESIDENTIAL AND LC LIMITED COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT TO CREATE THE BUFFALO GROVE PUD #83; GENERALLY LOCATED ON THE EAST SIDE OF SOUTH 127TH STREET EAST AND NORTH OF EAST PAWNEE ROAD. (DISTRICT II) Attachment: Agenda Report No. VII-2.doc Attachment: PUD2021-00002 MAPC Minute Excerpt.docx Attachment: PUD2021-00002 Protest Map.pdf Attachment: PUD2021-00002 PUD Drawing Buffalo Grove PUD - MAPC 3-25-21.pdf Attachment: PUD2021-00002 Zoning Map.jpg Attachment: PUD2021-00002 DAB 2 Interoffice Memorandum.pdf Attachment: PUD2021-00002 Concept Drawing.jpg Attachment: Ordinance 51-555 Scott Wadle, Planning Director, presented the item. Council Member Tuttle stated she had two residents who reached out to her who had concerns about more density and traffic and potentially more crime. Stated we had some robust conversations and based on the fact that the petition was 7.72% and didn't reach the 20% threshold and that it was unanimous at the MAPC and DAB II, is going to make a motion to approve. MOTION: Council Member Tuttle moved to adopt the findings of the MAPC, approve the requested zone change and place the ordinance on the first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading. Motion carried 6 to 0, (Absent: Blubaugh). HOUSING AGENDA VIII) NON-CONSENT HOUSING AGENDA - NONE AIRPORT AGENDA IX) NON-CONSENT AIRPORT AGENDA  Page 21 CITY COUNCIL PROCEEDINGS MAY 11, 2021 1.) AIRPORT HOTEL, LLC, CONCESSION AND LEASE AGREEMENT, WICHITA DWIGHT D. EISENHOWER NATIONAL AIRPORT. (DEFERRED MAY 4, 2021) Attachment: Agenda Report No. IX-1 Attachment: 05112021 - Select Service Hotel agreement.pdf Scot Rigby Director of Economic Development, presented the item. Vice Mayor Johnson stated he appreciates staff doing the additional work and vetting and finding all of this out. Council Member Frye stated he echoes the Vice Mayor's comments and would like to let our development community know to not take this as a sign that we are not open for business. Stated we still need to develop our airport to its fullest capability and to not let this be a bump in the road. Stated we are still open for business and we want to hear ideas and proposals. MOTION: Mayor Whipple moved to not approve the proposed agreement. Motion carried 6 to 0, (Absent: Blubaugh). COUNCIL AGENDA X) COUNCIL MEMBER AGENDA - NONE XI) COUNCIL MEMBER APPOINTMENTS AND COMMENTS 1.) Board Appointments. Mayor Whipple appointed AlmaAnn Jones to the Sedgwick County Community Corrections Advisory Board. MOTION: Mayor Whipple moved to approve the appointment. Motion carried 6 to 0, (Absent: Blubaugh). Council Member Tuttle stated we learned yesterday that our City of Wichita Park & Recreation Department was names as a finalist for the American Academy for Park and Recreation Administration and the National Recreation of Park Association. Stated they are one of the finalist in 54 years for this prestigious award and they should be notified via the conference for the National Recreation of Park Association in September and we will be keeping our fingers crossed. Vice Mayor Johnson stated today is opening day for the Wichita Wind Surge. ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 6 to 0, (Absent: Blubaugh).  Page 22 CITY COUNCIL PROCEEDINGS MAY 11, 2021 The meeting was adjourned at 11:47 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk  Page 23 CITY COUNCIL PROCEEDINGS MAY 11, 2021 ATTACHMENT 1 - CONSENT AGENDA ITEMS 1 THROUGH 19 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 May 11, 2021.docx 2) Preliminary Estimates: a.) List of Preliminary Estimates. Attachment: PEs for CC 05-11-21.pdf 3) Design Services Agreements: a.) Supplemental Design Agreement No. 6 for I-235 and West Street Interchange Signalization/I-235 and Seneca Street Signal Modifications. (District IV) Attachment: Agenda Report No. II-3a.docx Attachment: Agreement.pdf b.) Supplemental Design Agreement No. 1 for Equus Wellfield Spurline Replacements. Attachment: Agenda Report No. II-3b.doc Attachment: SA#1.pdf UNCATEGORIZED ITEMS: 4.) Community Events – 2021 WaterWalk Annual Events. (District I) Attachment: Agenda Report No. II-4.docx 5.) Community Events – Brickyard Annual Events. (District VI) Attachment: Agenda Report No. II-5.docx 6.) Renewal of the Right-of-Entry Agreement between the City of Wichita and the United States of America, McConnell Air Force Base for property located on the Kansas Aviation Museum. (District III) Attachment: Agenda Report No. II-6.docx Attachment: City of Wichita Right of Entry 2021 v2.pdf  Page 24 CITY COUNCIL PROCEEDINGS MAY 11, 2021 7.) Install Engineered Wood Fiber Playground Surfacing System. (Districts I, III, IV, V and VI) Attachment: Agenda Report No. II-7.docx Attachment: Attachment A.docx Attachment: Attachment B Site Map.pdf Attachment: Install Engineered Wood Fiber Surfacing.pdf 8.) Poured in Place Playground Surfaces throughout the Wichita Park System. Attachment: Agenda Report No. II-8.docx Attachment: DuraPlay Inc. Contract.pdf 9.) Resolution Authorizing Section 5307 Urbanized Area Formula Annual Grant from the Federal Transit Administration. Attachment: Agenda Report No. II-9.doc Attachment: Resolution 21-148 10.) First Reading of the Bond Ordinance for Multifamily Housing Revenue Bonds, Verandas at Crestview - Crestview Residences, LLC. (District II) Attachment: Agenda Report No. II-10.doc Attachment: Ordinance 51-556 11.) 2021 Project Safe Neighborhoods Grant. Attachment: Agenda Report No. II-11.doc 12.) Revised CDBG/CDBG-CV Memorandum of Understanding – Office of Community Services. Attachment: Agenda Report No. II-12.docx Attachment: 2020-21 MOU Office of Community Services II (regular and CDBG-CV- amend for CDBG- CV Masks).docx 13.) April 2021 Monthly Report for City Council. Attachment: April 2021 Monthly Report for City Council.pdf 14) Second Reading Ordinances: Second Reading Ordinances (first read May 4, 2021)  Page 25 CITY COUNCIL PROCEEDINGS MAY 11, 2021 Attachment: List of Second Reading Ordinances 05-11-2021.doc II) CONSENT PLANNING AGENDA ITEMS 15.) ZON2021-00004 - Zone Change From SF-5 Single Family Residential to MF-29 Multi-Family Residential to Build Apartments; Generally Located 600 Feet South of East Harry Street and Within One-Quarter Mile West of South Webb Road, 9220 E Osie. (District II) Attachment: Agenda Report No. II-15.doc Attachment: Excerpt Minutes of April 8, 2021 MAPC.docx Attachment: 2021-03-08 DAB 2 Interoffice Memorandum ZON2021-00004.pdf Attachment: Ordinance 51-557 16.) VAC2021-00012 – City Vacation of a Platted Utility Easement for Property Development on Property Zoned LI Limited Industrial; Generally Located on the West Side of South Ridge Road and One-Quarter Mile South of West Kellogg. (District IV) Attachment: Agenda Report No. II-16.docx Attachment: VAC2021 12 -Vacation Order.docx Attachment: VAC2021 12 -MAPC Minutes Excerpt.docx II) CONSENT HOUSING AGENDA ITEMS - NONE II) CONSENT AIRPORT AGENDA ITEMS 17.) Over Estimate Bid for Customs and Border Protection Project, Phase 1 – CCTV. Attachment: Agenda Report No. II-17.docx Attachment: CBP Phase 1 CCTV Bid Tab.pdf 18.) Textron Aviation Inc., Project Lease Agreement - Supplemental Agreement No. 1 - Wichita Dwight D. Eisenhower National Airport. (PULLED PER CITY MANAGER) 19.) Textron Aviation Inc., Site Lease Agreement - Supplemental Agreement No. 9 - Wichita Dwight D. Eisenhower National Airport. (PULLED PER CITY MANAGER)